Definitions and rules of construction generally, § 1-2.
Health and human services, ch. 10.
Keeping of dogs and cats; limit, § 12-162.
Nuisances, ch. 16.
Injuring animals or birds in parks, § 17-27 et seq.
STATE LAW REFERENCES
Dogs generally, Agriculture and Markets Law § 106 et seq.
Dangerous dogs, Agriculture and Markets Law § 121.
Local regulation of dogs, Agriculture and Markets Law § 124.
Article I IN GENERAL
Article II DOGS
[Code 1971, §§ 6-2, 15-119]
All animals with the exception of dogs, cats, rabbits, fowl, and horses, shall be barred from the confines of the City limits. Keeping of allowable animals shall be subject to the following conditions:
Horses may be maintained within the limits of the City only if the stable, corral, or grazing area is more than 100 feet from any neighboring property line, public street, or roadway. The walls of all horse stables shall be of masonry construction, the roof may be of frame, and the windows screened and large enough to provide adequate light and air. All liquid wastes from the horse stable shall be intercepted before entering the public sewer by a suitable catch basin, properly trapped and vented. There shall also be provided a cold water hose connection so as to flush the catch basin and to maintain the stable in a clean and sanitary manner. All food and grains shall be kept in metal containers with tight metal covers to prevent the presence of rodents.
Cats may be maintained within the limits of the City if confined to the owner's property. They shall not be allowed to run at large and become a nuisance to adjoining property owners.
Rabbits may be maintained within the limits of the City only if kept in a clean and sanitary enclosure and maintained within the owner's property. They shall not be allowed to become a nuisance to the adjoining property owners.
Fowl may be maintained within the limits of the City only if securely confined in an enclosure maintained in a clean, dry, sanitary manner. Such enclosure must be at least 50 feet from any dwelling or any adjoining property line. Food and water shall be provided in suitable containers and cleaned daily to prevent decay and attraction of flies or other insects.
[Code 1971, § 6-1]
It shall be unlawful for any person to maintain any establishment within the City limits for the breeding of animals which in any manner may be detrimental to public health or decency.
[Code 1971, § 6-3]
All persons keeping or harboring chickens or other fowl within the City shall keep such chickens or fowl securely confined within the premises where such fowl are kept or harbored and shall not permit them to run at large upon the streets or public places of the City or upon the premises of any other person.
[Res. No. 100-02, 9-10-2002]
It shall be unlawful for any person to own, keep, have in their possession, or harbor any animal, fowl or bird in the City, which by frequent or habitual noise or otherwise cause serious annoyance or disturbance to persons or to the neighborhood.
[Adopted 9-23-2015 by Res. No. 86-15]
Editor's Note: This resolution also superseded former Art. II, Dogs, as amended.
The Common Council of the City of Olean (the "City") finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and created nuisances within the City of Olean. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the City of Olean.
This article is enacted pursuant to the provisions of Section 124 of Article 7 of the Agriculture and Markets Law of the State of New York.
The title of this article shall be "Dog Control Ordinance of the City of Olean."
As used in this article, the following words shall have the following respective meanings:
- AGRICULTURE AND MARKETS LAW
- The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, and as amended thereafter.
- CITY OF OLEAN
- Shall designate the area within the corporate limits of the City of Olean.
- That such animal is securely confined or restrained and kept on the owner's premises, whether within a building, kennel or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person or any adjacent premises or on any public street, way or place, or if the animal is being transported by the owner, that it is securely confined in a crate, or other container, or so restrained in a vehicle that it cannot be expected to escape therefrom.
- Male and female, licensed and unlicensed, members of the species Canis familiaris.
- DOG CONTROL OFFICER
- Any person authorized by the Common Council of the City of Olean from time to time to enforce the provisions of this article or the provisions of the Agriculture and Markets Law.
- To provide food or shelter to any dog.
- The party purchasing the license, unless the dog is or has been lost, and such loss reported to the dog warden and reasonable search has been made. If an animal is not licensed, the term of "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any animal which is kept, brought or comes within the City of Olean. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be held and deemed to be the owner of such dog for the purpose of this article. In the event any dog found to be in violation of this article shall be owned by a minor, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog and violation of this article.
- RECREATIONAL AREAS
- Any real property owned by the City of Olean which is used for recreational purposes by the public, including, but not limited to, parks or playgrounds.
- RUN AT LARGE
- To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.
- SCHOOL PREMISES
- Any real property situate within the City of Olean which is used for educational purposes or purposes incidental thereto.
Pursuant to the provisions of §§ 109 and 110 of Article 7 of the Agriculture and Markets Law of the State of New York, all dogs over the age of four months shall be licensed by the City Clerk of the City of Olean.
The annual fee for such dog license issued in the City pursuant to § 109 of the Agriculture and Markets Law of the State of New York shall be:
Each application for a dog license shall be accompanied by a fee as specified in Sec. 5-29.1(a)(1), as well as the appropriated certificates.
All licenses issued pursuant to this article, and any renewal thereof, shall expire on the last day of the last month of the period for which they are issued, except that no license shall be issued for a period expiring after the last day of the 11th month following the expiration date of the current rabies certificate for the dog being licensed. In the event an applicant for a license or renewal presents a statement certified by a licensed veterinarian, in lieu of a rabies certificate, then the license or renewal shall be issued for one year from the date of the statement.
A license shall not be issued or renewed unless the applicant provides a current rabies certificate or a statement certified by a licensed veterinarian stating that because of old age or other reason, the life of the dog or dogs would be endangered by the administration of the vaccine. The City of Olean will not provide a purebred license.
Guide dogs, hearing dogs, service dogs, war dogs, working search dogs, detection dogs, police work dogs, and therapy dogs, as defined in § 108 of Article 7 of the Agriculture and Markets Law of the State of New York, shall be exempt from all license fees.
In the event of a change in the ownership of any dog which has been licensed pursuant to this article or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the City Clerk a written report of such change. Such owner of record shall be liable for any violation of this chapter until such filing is made or until the dog is licensed in the name of the new owner.
If any dog which has been licensed pursuant to this article is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, file with the City Clerk a written report of such loss or theft. In the case of a loss or theft, the owner of record of any such dog shall not be liable for any violation of this chapter committed after such report is filed.
In the case of a dog's death, the owner of record shall so notify the City Clerk either prior to the renewal of licensure or upon the time of such renewal.
It shall be unlawful for any owner of any dog in the City of Olean to permit or allow such dog to:
Run at large unless the dog is restrained by an adequate leash.
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property not belonging to the owner of such dog.
Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase, run alongside of or bark at motor vehicles while on a public street or highway or upon public or private property other than property of the owner or harborer of said dog.
Create a nuisance by defecating, urinating, or digging on public property or private property of said owner.
If a female dog, be off the owner's premises when in heat.
Be at large on any school premises or recreational areas, or the sidewalks adjacent thereto, unless said dog is on a leash.
This article shall be enforced by any dog control officer or peace officer when acting pursuant to his/her special duties, or by any member of the Olean Police Department.
Any dog found in violation of the provisions of Section 5-30 of this article may be seized pursuant to the provisions of Section 118 of the Agriculture and Markets Law.
Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in Section 118 of the Agriculture and Markets Law.
Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in Section 118 of said article.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subdivision (c) of this section, whether or not such owner chooses to redeem his/her dog.
Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of Section 118 of the Agriculture and Markets Law.
No action shall be maintained against the City of Olean, any dog control officer or peace officer when acting pursuant to his/her special duties, or any other agent or officer of the City of Olean or person under contract to said City of Olean to recover the possession or value of any dog, or for damages or injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this article or the Agriculture and Markets Law.
Any dog control officer, peace officer when acting pursuant to his/her special duties, or police officer in the employ of or under contract of the City of Olean observing a violation of this article in his/her presence shall issue and serve an appearance ticket for such violation.
Any person who observes a dog in violation of this article may file a complaint under oath with the City of Olean Police Department specifying the nature of this violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog. Upon receipt by the City of Olean Police Department of any such complaint, he/she shall issue and serve an appearance ticket for such violation.
At arraignment on the violation, the owner shall be given the opportunity to retain counsel, and to request a hearing on the matter. In cases where the matter was initiated pursuant to Section 5-35, the failure of the complaitant to appear at the hearing shall result in the dismissal of the charge.
If, after such hearing, in addition to the penalties set forth in Section 5-37, the Court decides that further action is warranted, he/she may order:
A conviction of a violation of this article shall be deemed an offense and punishable by a fine not exceeding $25 for the first offense, and $100 for the second offense and $250 for each offense thereafter.
Each separate provision of this article shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.
This article shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the City of Olean and they shall be, upon the effectiveness of this article, null and void.