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.
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.
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.
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.
All applicable sections of the New York State Agriculture and
Markets Law are incorporated into this article by reference.