[Adopted 12-26-2018, effective 12-26-2018]
A. 
The City of Buffalo seeks to remain a leader in animal protection in Western New York. The City is devoted to protecting the health and welfare of all animals. Weather conditions in the City are known to change suddenly and can often times be extreme, Animals, in particular dogs, in this part of Western New York are exposed to and are vulnerable to these weather changes. Dog owners will sometimes tether their dogs, or leave them free to roam in an uncovered, fenced-in yard, or on a porch or take their dogs out for walks in below-freezing temperatures, or temperatures that are greater than 90° F. Sometimes, dogs are left in the home in confined areas during extreme heat conditions with no access to water. In any of these circumstances, dogs are predisposed to frostbite or heatstroke, and other potentially dangerous medical conditions. The City seeks to protect all dogs within the City of Buffalo under the following provisions of Chapter 78, Article IVA.
B. 
Specifically excluded from coverage under this article shall be all other animals; working dogs; and hunting dogs, in that they may not be as vulnerable to dangerous medical conditions resulting from inclement weather exposure.
As used in this article, the following terms shall have the meanings indicated:
DOGS
Any domesticated dog regularly maintained in or near the household of the owner or person who cares for such domesticated animal. Dogs shall not include "working dogs," "farm dogs," "hunting dogs" or breeds of dogs that can withstand extreme cold or extreme heat.
EXTREME WEATHER CONDITIONS
Includes inclement weather, being weather conditions that are likely to adversely affect the health or safety of the dog, including, but not limited to: rain, sleet, ice, snow, wind, or extreme hot or cold temperatures, and otherwise consistent with the provisions of New York State Agriculture and Markets Law § 353-b, Subdivision 1(b), as may be amended from time to time.
HUNTING DOG
Any dog that is trained to aid in taking of wildlife and is actually or has been used for such purposes, consistent with applicable law or regulation, including Environmental Conservation Law § 11-0923, and any local permitting process.
OUTDOORS
Animal parks, or open spaces and locations outside a permanent structure capable of habitation or occupancy by dogs during an extreme weather event or period of time with an air temperature falling below 32° F. or greater than 90° F. (depending on the applicable weather conditions). "Outdoors" shall not include a fully accommodating, weather-appropriate structure built for the purpose of sheltering such animal.
TETHER
Includes the act of leashing, fastening, securing, chaining, tying, or otherwise restraining a dog to any object, stationary or otherwise. The area in which the dog is tethered must be clean, and the dog must have access to food, potable water, and shelter from the weather; the tether should be at least five feet in length.
WEATHER ALERT
A broadcast of the National Weather Service regarding one of the following weather-related events, reasonably construed to affect the area in which the dog accompanies a caretaker outdoors or is left unaccompanied and/or tethered outdoors: blizzard warning, severe thunderstorm (watch or warning), severe weather statement, tornado (watch or warning), or winter storm (watch or warning).
WORKING DOG
Any dog that is trained, including, but not limited to, dogs trained to herd and/or protect livestock or control bird and/or wildlife populations, or is actually or has been used in connection with farming or agricultural purposes. "Working dogs" shall also include service dogs, search-and-rescue dogs and police dogs.
A. 
This article shall be enforced in any manner prescribed by New York State Agriculture and Markets Law § 117, § 353-d and §§ 371-372.
B. 
Enforcing officers shall have the authority to issue an appearance ticket pursuant to § 150.20 of the New York Criminal Procedure Law, summon or arrest, and bring before a court or magistrate having jurisdiction, any person violating any of the provisions of Chapter 78, Article IVA.
C. 
This article may be enforced by the Buffalo Police Department, its agents or designee, and may also be enforced by any Erie County SPCA trained officer, peace officers, animal control officers. New York State Police, having jurisdiction within Erie County, or any other officers as may be designated by this body via resolution from time to time (where any such officer shall be an "enforcement officer").
Any officer that has the jurisdiction and authority to act under this article shall have the ability to take necessary enforcement actions, including, but not limited to:
A. 
Accepting, recording, and investigating complaints;
B. 
Issuing appearance tickets;
C. 
Obtaining supporting depositions;
D. 
Preparing and submitting criminal and civil complaints to a court of competent jurisdiction; and
E. 
Any other actions that the enforcement officer reasonably believes are necessary to enforce the law and for the safety of the parties involved, including that of the dog.
A. 
No person who owns or has custody or control of a dog shall knowingly leave such animal tethered outdoors, or leave them free roaming in an uncovered fenced-in yard or porch, at such time when: (1) the actual air temperature is lower than 32° F. (not accounting for wind chill); (2) the actual air temperature is greater than 90° F. (not accounting for humidity levels); or (3) during such period of time as extreme weather conditions exist, where any such condition in (1), (2), or (3) above is actually known to such person or reasonably should have been known to such person.
B. 
Any person found guilty of violating § 78-21.5A shall be subject to a fine under § 78-21.7 of this article. Actual harm or injury is not required to determine whether the action of the accused is prohibited for purposes of this section.
C. 
Any person who knowingly causes a dog to be exposed to extreme weather conditions causing it to suffer heat stroke or, in the case of extreme cold, frostbite is guilty of a misdemeanor punishable by a fine or imprisonment under § 78-21.7 of this article, except where the age, condition, and pedigree of the animal allows it to withstand such temperatures.
D. 
Any person who uses a restraining device for purposes of tethering a dog which punctures or pinches the neck area of the animal is guilty of an unclassified misdemeanor, punishable by a fine or imprisonment under § 78-21.7 of this article.
E. 
Any person who knowingly tethers: (1) a pregnant dog; (2) a dog less than five months old; or (3) a dog with a medical condition that would be aggravated by placement on a tether for longer than a period of one hour at such time as when the actual air temperature was lower than 32° F. or greater than 90° F. will be guilty of an unclassified misdemeanor subject to fines under § 78-21.7 of this article.
Extreme weather conditions shall be presumed to have been present in the event that a weather alert was in effect for a region reasonably construed and commonly understood to affect the area in which the dog was left outdoors for purposes other than a bowel movement. A dog exhibiting signs of frostbite shall be presumed to have been left outdoors for longer than a period of one hour at such time as when the actual air temperature was lower than 32° F. A dog exhibiting signs of heatstroke shall be presumed to have been left outdoors for longer than a period of one hour at such time as when the actual air temperature was greater than 90° F.
A. 
Penalties shall take effect six months after this article has been ratified. Offenders during this grace period shall be subject to a warning for their first offence.
B. 
A violation of § 78-21.5 of this article shall constitute an unclassified misdemeanor, subject to a fine of $250 for a first offense, a fine of $500 and/or imprisonment up to 15 days for a second offense, and a fine of $1,000 and/or imprisonment up to 15 days for all subsequent offenses.
The court may, in its discretion, reduce the amount of any fine imposed for a violation of this article by the amount which the defendant proves he or she has spent providing veterinary care for the animal. Nothing in this section shall prevent the seizure of a dog for a violation of this article pursuant to the authority granted in this article. The surrender or forfeiture shall be to one of the above identified enforcement officers.
All fines collected pursuant to this article shall be the sole property of the City of Buffalo, kept and accounted for separately, to be used for promoting animal welfare within the City.