[Adopted 9-23-2015 by Res. No. 86-15[1]]
[1]
Editor's Note: This resolution also superseded former Art.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:
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.
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.
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.
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.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
Any real property situate within the City of Olean which
is used for educational purposes or purposes incidental thereto.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(a)
It shall be unlawful for any owner of any dog in the City of Olean
to permit or allow such dog to:
(1)
Run at large unless the dog is restrained by an adequate leash.
(2)
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.
(3)
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property not belonging to the owner of such
dog.
(4)
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.
(5)
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.
(6)
Create a nuisance by defecating, urinating, or digging on public
property or private property of said owner.
(7)
If a female dog, be off the owner's premises when in heat.
(8)
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.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(a)
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.
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.
