[HISTORY: Adopted by the City Council of the City of Yonkers
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-22-1987 by G.O. No. 13-1987; amended in its entirety 11-21-1989 by G.O. No.
11-1989]
A.
If a term is used in this chapter and is not defined in this section,
then it shall have the meaning indicated in § 108 of the
Agriculture and Markets Law, if defined therein.
B.
ADOPTION
DANGEROUS DOGS AND ANIMALS
DANGEROUS INSTRUMENT
DOG
EUTHANIZE
HARBOR
OWNER
PHYSICAL INJURY
POSSESS
PUBLIC SERVANT
SERIOUS PHYSICAL INJURY
As used in this chapter, the following terms shall have the meanings
indicated:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered, or any cat.
Any dog or animal that when unprovoked, approaches or menaces
any person in a dangerous or terrorizing manner, or in an apparent
attitude of attack, upon the streets, sidewalks or any public grounds
or places; or any dog or animal with a known propensity, tendency
or disposition to attack, when unprovoked, to cause injury or to otherwise
endanger the safety of human beings or domestic animals; or any dog
or animal which bites, inflicts injury, assaults or otherwise attacks
a human being or domestic animal without provocation on public or
private property; or any dog or animal owned, bred or harbored primarily
or in part for the purpose of dog fighting or any dog trained for
dog fighting ; or any dog or animal used to facilitate a crime or
criminal offense. This definition does not include dogs or animals
owned or used by the Police Department or other law enforcement personnel
performing police functions.
[Added 6-25-1996 by G.O. No. 5-1996; amended 11-23-2010 by G.O. No.
5-2010]
Any instrument or substance which, under the circumstances
in which it is used, is readily capable of causing death or other
serious physical injury, including a dangerous dog or animal as defined
by this chapter.
[Amended 11-23-2010 by G.O. No. 5-2010]
Any member of the species Canis familiaris.
To bring about death by a humane method.
To provide food or shelter.
Any person owning, keeping, harboring or having the care,
custody or control of any dog; and when any such owner shall be a
child under the age of 18 years, the parent or guardian of such child
shall be deemed to be the "owner" of such dog for all purposes of
this chapter.
Impairment of physical condition or substantial pain.
To have physical possession or ownership or otherwise to
exercise dominion or control over any animal, domestic or wild.
Any public officer or employee of the state or of any governmental
instrumentality within the state or any person exercising the functions
of any such public officer or employee. The term "public servant"
includes a person who has been elected or designated to become a public
servant.
Physical injury which creates a substantial risk of death
or which causes death or serious and protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the function
of any bodily organ.[1]
[1]
Editor’s Note: The definition of "vicious animal," as
amended 6-25-1996 by G.O. No. 5-1996, and the definition of "vicious
dog," both of which immediately followed this definition, were repealed
11-23-2010 by G.O. No. 5-2010.
[Amended 11-23-2010 by G.O. No. 5-2010]
Whenever it is applicable and/or appropriate, the terms "dog"
and "animal" shall be interchangeable in the context of the specific
section, and the terms "poundkeeper," "dogcatcher," "Dog Control Officer,"
"Animal Control Officer," "Deputy Dog Control Officer" and "Deputy
Animal Control Officer" shall be interchangeable.
A.
All dogs required to be licensed pursuant to the provisions of Article
7 of the Agriculture and Markets Law of New York State or a dog that
is four months of age or older or required to be licensed pursuant
to this chapter whose place of residence or domicile or whose owner's
place of residence or domicile is Yonkers must be properly licensed
with the City of Yonkers pursuant to this chapter of the City Code
of the City of Yonkers and Article 7 of the Agriculture and Markets
Law of New York State. A license shall be renewed after a period of
one year beginning with the first day of the month following the date
of issuance and shall be renewable annually thereafter prior to the
expiration date. A license shall be issued only upon compliance with
the applicable provisions of this chapter and Article 7 of the Agriculture
and Markets Law, including submission of proof that the dog has been
vaccinated against rabies.
[Amended 11-23-2010 by G.O. No. 5-2010]
B.
Any violation of Subsection A of this section shall be an offense which may be prosecuted in City Court by any City official authorized to enforce this Code, including police officers, sanitation officers and animal control officers, in addition to any civil action, pursuant to this chapter and the Agriculture and Markets Law.
C.
Except as provided in Subsection D of this section, the fee for each dog license issued in the City of Yonkers shall be:
[Amended 3-28-1995 by G.O. No. 4-1995; 5-23-2006 by G.O. No. 4-2006]
D.
The fee for each dog license issued in the City of Yonkers pursuant
to the provisions of the Agriculture and Markets Law to living persons
who are 65 years old or older at the time of application shall be:
(1)
Two dollars and fifty cents for each spayed or neutered dog for each
year for the term of the license.
[Amended 5-23-2006 by G.O. No. 4-2006]
(2)
Ten dollars and fifty cents for each unspayed or unneutered dog for
each year for the term of the license.
[Amended 5-23-2006 by G.O. No. 4-2006; 11-23-2010 by G.O. No. 5-2010]
E.
Any applicant seeking to obtain a license for a dog at the reduced rate established in Subsection D of this section shall have the duty of providing the City Clerk or his agent with appropriate identification to establish the applicant's age.
F.
A purebred license may be obtained as authorized by § 109
of the Agriculture and Markets Law. The surcharge for a purebred license
shall be in the amount of $3 for each unsprayed or unneutered dog.
In addition, for no more than 10 dogs a fee of $25 will be imposed.
For 11 to 25 dogs, a fee of $50 will be imposed. For more than 25
dogs a fee of $100 will be imposed.
[Amended 11-23-2010 by G.O. No. 5-2010]
G.
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog or police work dog.
H.
Each dog licensed shall be issued an identification tag, which shall
be affixed to a collar that shall remain on that dog at all times
when the dog is not on the premises of the owner. If an identification
tag is lost, the owner may apply to the City Clerk’s office
for a replacement tag at a cost of $5.
[Amended 11-23-2010 by G.O. No. 5-2010]
I.
Any person
or owner of a dangerous dog applying for a dog license for a dangerous
dog as defined herein shall provide proof that liability insurance
in an amount of $100,000 for personal injury or death of any person,
resulting from an attack by such dog, has been obtained by such owner
and is in full force and effect at the time of submission of such
application for licensure.
[Added 11-23-2010 by G.O. No. 5-2010]
J.
Any person
who applies for a dog license and knowingly fails to apply for a dangerous
dog license when such license is required shall be guilty of a Class
I offense and may be fined and/or imprisoned for up to one year and
may be subject to civil liabilities of up to $10,000.
[Added 11-23-2010 by G.O. No. 5-2010]
[Amended 6-25-1996 by G.O. No. 5-1996]
Any dog or other animal that is a dangerous animal, as defined
herein, must obtain a special license from the City of Yonkers and
wear a tag or other identifying collar of a conspicuous nature as
issued by the City of Yonkers. The requirements of this license are
the following:
A.
An application fee of $50, in addition to the regular required license
fee.
B.
Proof of insurance for the compensation of people and property injured
or damages as a result of the actions of this dangerous animal in
an amount not less than $100,000, in a form satisfactory to the Corporation
Counsel.
[1]
Editor’s Note: Former § 65-5, Identification
of vicious animals, was repealed 11-23-2010 by G.O. No. 5-2010.
[Added 6-25-1996 by G.O. No. 5-1996]
A.
No owner of a dog known to have or who at any time demonstrates a vicious propensity and/or falls within the definition of "dangerous animal" as herein defined shall at any time leave such dog unattended in any place in or out of any building or property, except that such dog may be on the premises or property of such owner, provided that, when such dog is out of doors on the premises or property of said owner, it is confined within a fenced area or yard with a fence no less than eight feet in height and adequate to prevent such dog from leaving said yard or area. In addition, there must be a warning sign in accordance with § 65-7 below, posted in a clearly visible location at this property or premises, such that it can be seen by any person before he might enter such premises or property, informing him that a vicious dog or vicious animal is present on the premises.
B.
Such dog, when out of doors on the premises or property of such owner,
shall, in addition to being confined in a fenced yard or area, be
restricted by a secured chain sufficient so as to prevent such dog
from reaching a distance of less than two feet from such fence to
any point within the fenced yard or area.
C.
Any dangerous dog which is in a public place, including all streets
and sidewalks, shall not only be in continuous control of its owner
but shall be restrained by a leash of not greater than four feet in
length, of metal or other construction permitted by the City Dog Control
Officer, and said dog shall at all times wear a muzzle of a type and
form specified and approved by the City Dog Control Officer.
D.
Any dangerous dog which is on a street, sidewalk or any public ground
or place shall wear in a conspicuous manner the tag or collar issued
by the City of Yonkers. Any dangerous dog found on a street, sidewalk
or other public ground or place without such conspicuous tag will
be presumed to be an unlicensed and uninsured dangerous dog and animal,
constituting a serious threat of bodily injury and harm to the public
at large for which appropriate measures may be taken by law enforcement
or dog control personnel.
E.
No dangerous dogs or animals may be intentionally bred within the
City of Yonkers and no person may own, harbor or possess two or more
dangerous dogs or animals for breeding or any other purposes.
[Amended 11-23-2010 by G.O. No. 5-2010[2]]
[2]
Editor’s Note: This ordinance also repealed former Subsection
F, which immediately followed this subsection and established a limit
on the number of dangerous dogs or animals permitted to be possessed.
General Ordinance 5-2010 also repealed former § 65-6.2,
Regulation of vicious animals and dogs, added 6-25-1996 by G.O. 5-1996,
which immediately followed this section.
A.
The signs required under § 65-6 of this chapter are to be no smaller in size than three feet in length by three feet in height and no larger than four feet feet from the ground. These signs shall be of such material and construction so as not to fade or become illegible due to exposure to the elements.
[Amended 11-23-2010 by G.O. No. 5-2010]
B.
This provision requiring warning signs shall stand independently
of all other provisions of the City Code of Yonkers pertaining to
the posting of signs for the purpose of this chapter only.
No person owning, harboring or having the custody and control of any animal except a cat shall permit or allow such dog to run or be at large in any public place in the City of Yonkers unless restrained by a chain or leash not exceeding six feet in length or in accordance with § 65-6 above, if applicable. Nothing contained in this section shall prohibit the running at large of any unleashed dog on privately owned property of the owner of such dog or on privately owned property occupied by the owner of such dog, provided that adequate measures are taken to prevent the dog from leaving the confines of said private property or from otherwise becoming a nuisance.
Proof of the running or being at large of a dog contrary to
the provisions of this chapter shall be presumptive evidence that
the person in whose name such dog is registered and/or the person
who harbors such dog is the person who permitted or allowed such dog
to run or be at large.
No person owning, harboring or having the custody and control
of a dog shall allow such dog to become a nuisance. A dog shall become
and constitute a nuisance when it shall:
A.
Injure or threaten injury to a person.
B.
Damage property, whether public or private, including lawns, flowers,
shrubs or trees.
C.
Knock over, spill, tip, rip or interfere with any garbage or leaf
receptacle, container or bag.
D.
Be present in any commercial or public establishment without the
consent or permission of the owner or person in charge of such establishment.
E.
Be present in any school building or on any school grounds at any
time without the consent or permission of the principal or other person
in charge of the school or contrary to the school's rules or regulations.
F.
Habitually chase or run at persons, motor vehicles, motorcycles or
bicycles upon any of the public street, highways or parkways or in
any public places.
G.
Habitually, or in a prolonged manner, bark, whine or howl so as to
disturb the safety, health, welfare and peace and quiet of the neighborhood.
H.
Defecate in any place in the City other than on the premises of the
dog's owner or harborer or within the curblines of any public street
or highway.
I.
Be present in any public playground, recreation area or park, unless
expressly permitted.
In addition to those acts proscribed in § 65-10, no person having the right and ability to prevent it shall permit, knowingly or negligently, any dog or other animal to commit any nuisance in or upon any public place or street or place frequented or used in common by people.
Except as to guide dogs, hearing dogs or service dogs accompanying
a person with a disability as defined in § 1310 of the Public
Health Law of the State of New York, it shall be the duty of each
dog and animal owner to remove any feces left by his or her dog on
any sidewalk, gutter, street or other public area within the City
of Yonkers.
Female dogs in time of heat shall not be permitted to run or
be at large upon any unfenced area or lot abutting upon any street,
public park or public space in the City.
[Amended 11-23-2010 by G.O. No. 5-2010]
Every person having a dead animal or any animal diseased past
recovery or sick with any contagious or infectious disease on his
premises in the City and every person who has in his charge or under
his control any animal who has died of any contagious or infectious
disease in any street or place in the City shall at once remove or
cause to be removed every such animal and disposed of the same as
the Commissioner of Parks, Recreation and Conservation, Animal Control
Officer, Deputy Animal Control Officer or other duly elected or appointed
law enforcement officer may direct.
A dogcatcher or animal control officer may be employed, whose
duty it shall be to carry all dogs found in the streets in violation
of the provisions of this chapter to the City pound or shelter; to
issue violations and summonses and exercise all powers authorized
by this chapter, Article 7 of the Agriculture and Markets Law and
any other applicable statutes, rules or regulations; and to otherwise
enforce this chapter, Article 7 of the Agriculture and Markets Law
of the State of New York and any other applicable statutes, ordinances,
laws, rules or regulations.
Dogcatchers or officers shall not receive any animal from a
minor.[1]
A.
Any representative of the Yonkers Animal Shelter or a member of the
Police Department or a City Dog Control Officer shall, under the following
circumstances, apprehend and impound dogs:
(2)
When found tied or fastened to any public tree, hedge, post or other
structure in such a manner that would cause a reasonable person to
believe the dog has been abandoned or when not removed by the owner
upon request.
(3)
When otherwise authorized by Article 7 of the Agriculture and Markets
Law.
B.
Any dog so impounded shall be placed in the custody of the Yonkers
Animal Shelter.
It shall be the duty of the poundkeeper and dog control officers
to provide necessary sustenance for all animals impounded and kept
in any of the public pounds.
No person shall rescue or turn away from the custody of a person
driving, leading or conveying to a City pound any animal prohibited
from running at large or pasturing in any street, and no person shall
interfere with, obstruct or hinder a person driving any such animal.
No person shall break into or attempt to break into or in any
manner injure a City pound or shelter.
A.
Any dog, upon being seized pursuant to the Agriculture and Markets
Law or this chapter, shall be held for a minimal period before becoming
eligible for adoption or euthanasia. During this minimal period, the
Chief Dog Control Officer shall attempt to locate the dog's owner
and inform him of the municipal seizure so that the owner can redeem
the dog before the end of the period. The minimal period shall be
five days for dogs of unknown ownership when seized. For dogs of known
ownership when seized, the minimal period shall be seven days after
the owner has been personally informed of the seizure or nine days
after the date of mailing, by certified or registered mail, with return
receipt, of written notice of seizure to the owner. Thereupon, a period
of six months shall begin, which may be extended at the sole discretion
of the City Dog Control Officer for an additional six months, at the
end of which time such dogs shall be euthanized humanely if not already
adopted. The Chief Dog Control Officer shall determine, in his discretion,
that the animal shelter or other facilities housing municipally seized
dogs are overcrowded, and he may select specific dogs to be euthanized
before the end of the six-month period of eligibility for adoption,
but not before the end of the minimal period. Dogs whose owners voluntarily
surrender them to municipal custody shall become immediately eligible
for adoption or euthanasia. This section shall not prevent the euthanasia
of any sick or injured dog that, upon written recommendation of a
veterinarian pursuant to § 374 of the Agriculture and Markets
Law, requires such humane treatment at any time while in municipal
custody.
B.
Owners of dogs or animals seized, prior to redeeming their dogs from
municipal custody, shall either produce proof of current dog licensing
or purchase a new dog license.
(1)
In addition, a dog owner who redeems his municipally seized dog shall
pay a redemption fee as follows:
(a)
Forty dollars for the first seizure.
(b)
Sixty dollars for the first 24 hours or part thereof for the
second seizure within one year of the first seizure, plus $15 per
day or portion thereafter, as long as the dog remains in municipal
custody.
(c)
For the third or subsequent seizure within one year of the first
seizure: $80 for the first 24 hours or part thereof, plus $15 per
day or portion thereafter, as long as the dog remains in municipal
custody.
(2)
The number of seizures shall be counted against the dog owner without
regard to whether or not it is the same dog being seized.
C.
Any dog available for adoption shall be spayed or neutered prior
to being released from municipal custody if not already altered as
such. This requirement may be postponed when the person adopting an
unaltered dog in municipal custody agrees, in writing, to have the
dog available to submit to spaying or neutering at a future date and
location to be selected at a later time by the Chief Dog Control Officer.
Further, this requirement may be postponed if, upon written certification
by a qualified veterinarian, it can be shown that the municipally
seized dog's health would be endangered by surgery for altering. Anyone
adopting such a municipally seized dog shall provide the Chief Dog
Control Officer with medical reports once a month while the endangerment
lasts, unless the endangerment is permanent. Further, this requirement
shall not apply to unaltered dogs that, by reason of health or age,
are no longer capable of reproduction, as certified by a qualified
veterinarian.
D.
Any person adopting a dog in municipal custody shall pay an adoption
fee of $35 per male dog and $40 per female dog, $20 for a male dog
two years of age or older or held for a period of six months or $25
for a female dog two years of age or older or held for a period of
six months, which includes the cost of any mandatory spaying or neutering.
In addition, such person shall also purchase a license for the dog
prior to release from municipal custody, unless the dog will not be
harbored within the State of New York.
It shall be a defense to prosecution of a violation of this
chapter if the owner, harborer or person having the custody and control
of a dog shall:
A.
Establish that he exercised due diligence in the supervision of said
dog and complied with all other provisions of this chapter.
B.
Establish that a dog who injured or threatened to injure a person
did so in defense of its owner or harborer, a person having custody
or control of it or any other person or private property and complied
with all other provisions of this chapter.
[Added 7-3-1990 by L.L. No. 6-1990]
No person shall keep, cause or allow to be kept on, in or about
any premises or property any poultry, fowl or other birds, except
as hereinafter provided:
A.
It shall be lawful to keep for purposes of sale live poultry in a
live poultry market.
B.
It shall be lawful to keep for purposes of sale at mercantile establishments
lovebirds, canaries, parakeets and other birds of similar variety
where the keeping of such does not constitute a health nuisance.
C.
It shall be lawful to keep lovebirds, canaries, parakeets and other
birds of similar variety as domestic pets where the keeping of such
does not constitute a health nuisance.
[Added 7-3-1990 by L.L. No. 6-1990]
No person shall keep, cause or allow to be kept on or in any
premises or property any type of animal which is or may tend to become
a health nuisance. This section shall not be construed to prohibit
the keeping for sale of other types of animals in a mercantile establishment,
which animals are kept in such a manner as to prevent the creation
of a health nuisance.
[Added 10-8-2013 by G.O. No. 7-2013[1]]
It shall be the duty of every owner, property manager or landlord
of any house or other building to provide notice to tenants or persons
occupying therein that every dog on said premises be registered pursuant
to the provisions of this chapter.
[Amended 6-25-1996 by G.O. No. 5-1996]
A.
Failure to properly license any animal or dog pursuant to § 65-3 and Article 7 of the Agriculture and Markets Law within five days of owning or acquiring an animal which is required to be licensed shall be a Class II offense.
D.
Possession and control of a dangerous animal or dog, as defined herein,
in the City of Yonkers is the equivalent of the possession of a dangerous
instrument as defined. Failure to control such instrument in the City
of Yonkers shall subject the owner of said animal or dog to penalties
provided under the Penal Law in addition to any and all penalties
established in this chapter.
[Amended 11-23-2010 by G.O. No. 5-2010]
E.
A person who willfully or recklessly violates any provision of this
chapter, which violation causes physical injury to any person, shall
be punishable as a Class I offense.
F.
Any other violation of this chapter shall be a Class II offense.
If this chapter is silent regarding a matter governed by Article
7 of the Agriculture and Markets Law, then the provisions of Article
7 shall govern.
[Adopted 4-14-2020 by G.O. No. 5-2020[1]]
A.
The City Council finds that the display and use of wild or exotic
animals is dangerous to public health and safety. Certain exhibitions
featuring animals bring non-native animal species, particularly those
made attractions by their size or reputation for danger, in close
contact with humans. In certain instances, these creatures are made
a special feature for children. The animals may live in substandard
conditions completely alien to their natural habitats, with poor diet,
inadequate exercise and generally substandard living conditions. Instances
of animals escaping from exhibitions, stampeding and attacking people,
causing injury and death, have been documented.
B.
Bringing the public into close proximity with these animals creates
an unnecessary hazard to members of the public, as well as operators
and performers of these displays. The City Council intends, by adoption
of this chapter, to minimize hazards to the physical and mental health
of the public and to promote the protection of animals by prohibiting
the display of wild or exotic animals on City property.
C.
This chapter also intends to enhance the protection of animals. By
limiting the commercial venues of displays and rodeos, opportunities
to profit from subjecting animals to cruel activities for amusement
and entertainment will be restricted.
As used in this chapter, the following terms shall have the
meanings indicated:
Any exhibition, act, circus, public show, trade show, photographic
opportunity, carnival, ride, parade, race, performance or similar
undertaking in which animals perform tricks, fight or participate
in performances for the amusement or entertainment of an audience.
An individual, partnership, corporation, joint venture, association,
trust, estate or any other legal entity and any officer, member, shareholder,
director, employee, agent or representative of these.
A public performance featuring bronco riding, calf roping,
steer wrestling, or bull riding.
Any of the following animals, including the following hybridized
with domestic species:
Nonhuman primates and prosimians.
Felids, other than ordinary domesticated cats.
Canids, including wolfs and wolf hybrids.
Ursids.
Elephants.
Marine animals.
Crocodilians.
Marsupials.
Snakes and reptiles.
Ungulates.
Hyenas.
Mustelids.
Procyonids.
Endentates.
Viverrids.
Camels.
Cetaceans.
A.
A person must not conduct or operate a display of wild or exotic
animals on any property located within the City of Yonkers in which
the City has a property interest.
B.
A person shall not conduct or operate a rodeo on any property located
within the City of Yonkers in which the City has a property interest.
The following displays of animals are exempt from this chapter:
A.
A display of wild or exotic animals for educational or therapeutic
purposes, under a sponsorship agreement with Lenoir Preserve.
B.
A display of wild or exotic animals for educational or therapeutic
purposes under the sponsorship of institutions accredited by the American
Zoological Association or the Association of Sanctuaries.
C.
Other than fights and rodeos, a display consisting of one or more
domesticated species, including cats, dogs, horses, cows, sheep or
llamas.
A.
A violation of this chapter is punishable by a fine not exceeding
$1,000. Each day the violation is committed constitutes a separate
offense.
B.
A second and subsequent violation for the same offense is punishable
by a fine of not more than $2,500. Each day the violation is committed
constitutes a separate offense.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application to any person or circumstance
be adjudged by any court of competent jurisdiction invalid or unconstitutional,
that order or judgment will not affect, impair or invalidate the remainder
thereof but will be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this chapter, or its application
to the person or circumstance directly involved in the controversy
in which that order or judgment is rendered.
