[Adopted 3-25-1976 by L.L. No. 2-1976 (Ch. 161, Art. I, of the 1989 Code)]
[Amended 9-5-2019 by L.L.
No. 5-2019[1]]
A.
A person
who keeps, maintains or harbors a dog or cat or who knowingly allows
a dog or cat to remain on the person's property, or who regularly
feeds a dog or cat on the person's property, is presumed to be the
owner of the dog or cat. A person who has charge, care, custody or
control of a dog or cat is presumed to possess or control the dog
or cat.
B.
A person
who owns, possesses or controls a dog or cat shall not permit it to
be in any public place, in any open or unfenced area abutting on a
public place. It shall not be a violation of this section where the
dog is effectively restrained by a leash or chain not more than 10
feet in length.
C.
A person
who owns, possesses or controls a dog or cat must maintain a proper
enclosure to prevent the dog or cat from wandering or escaping from
the person's property. A person who owns, possesses or controls a
dog or cat shall prevent their dog or cat from entering the private
property of another, unless they receive permission from the owner
or tenant of the private property.
D.
According
to New York State Law, all cats shall be vaccinated against rabies
by a duly licensed veterinarian. No cat or dog is allowed off the
owner's property without a reasonable identification tag including
the owner's name and address. In addition, the owner of any cat that
lives within the City for more than 30 days must have the cat implanted
with a registered and functioning microchip before the cat attains
four months of age. A cat is exempt from this requirement if the cat
is determined to be medically unsuitable for microchipping by a licensed
veterinarian in writing.
E.
No owner
shall permit the premises, structure or enclosure in which a cat is
kept to be unclean or unsanitary, particularly the unsanitary accumulation
of urine, urine sprayed furniture or carpets, or accumulation of feces.
F.
No owner
of an animal, including a cat or dog, shall abandon such animal.
[1]
Editor’s Note: This local law also changed the title
of this article from "Dog Control," to "Dogs and Cats at Large."
Any person who owns, possesses or controls a dog shall not permit
it to be in any park unless the dog is effectively restrained by a
leash or chain; provided, however, the Common Council may by resolution
authorize certain time periods during which dogs may be unrestrained
in designated unenclosed park areas.
[Amended 4-17-2019 by L.L. No. 4-2019; 9-5-2019 by L.L. No. 5-2019]
Any person who owns, possesses or controls a dog shall not keep
a dog that makes frequent or long continued noise such as barking,
howling, or whining that is in violation of the City of Plattsburgh's
"Noise" Chapter as set forth in the City Code.[1] Any person who owns, possesses or controls a cat shall
not keep a cat that makes frequent calling, meowing or howling that
is in violation of the City of Plattsburgh's "Noise" Chapter as set
forth in the City Code. Any person who owns, possesses or controls
a dog or cat shall not keep a dog or cat that sprays urine, or leaves
feces, in such a way that it touches the property of another person.
[Amended 9-5-2019 by L.L.
No. 5-2019]
Any person who owns, possesses or controls a dog or cat that
causes damage to property of another person, which damage may include
depositing waste, feces, or urine, may be held liable in a civil action
for damages by the owner of the damaged property.
A violation charged under this chapter is a separate offense
and does not preclude a prosecution for a violation of the New York
Agriculture and Markets Law concerning dangerous dogs.
A.
A dog that is running at large may be seized and impounded at a licensed
animal shelter or veterinarian.
B.
If the dog is wearing a license tag or other means of identifying
the owner, the owner shall be notified that the dog has been seized
and how to obtain its release.
C.
If the impounded dog is not claimed within 72 hours of its delivery
to the animal shelter, the animal shelter or veterinarian may make
the dog available for adoption or humanely euthanize the dog.
[Amended 4-17-2019 by L.L. No. 4-2019]
D.
The owner of a seized and impounded dog shall be liable to pay the
cost of seizing, transporting, impounding and, if necessary, euthanizing
the dog.
E.
In addition to any fees or charges owed to the animal shelter or
veterinarian, and any fine imposed for a violation of this chapter,
the owner of the dog shall pay the City of Plattsburgh a fee for seizing
and transporting the dog to the animal shelter in an amount set from
time to time by the Common Council by resolution.
[Amended 4-17-2019 by L.L. No. 4-2019]
[Amended 5-31-2018 by L.L. No. 4-2018; 9-5-2019 by L.L. No. 5-2019]
This article may be enforced by a dog control officer appointed by the Common Council, a police officer, a code enforcement officer, or a parking enforcement officer as defined in § 340-2 of the Code. Any person who observes a cat or dog, or the owners thereof in violation of any of the provisions of this article may file a written complaint with any aforementioned enforcement officer, which complaint shall contain the necessary details to investigate said complaint. An offense may be prosecuted by issuance of an appearance ticket under § 150.20 of the Criminal Procedure Law.
