[HISTORY: Adopted by the City Council of
the City of Lackawanna as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-7-1987 as Ch. 54 of the 1978 Code]
This article shall be known and may be cited
as the "Animal and Fowl Ordinance of the City of Lackawanna, New York."
A. No person shall breed, raise, harbor or maintain any
bees, poultry, chickens, turkeys, ducks, geese or any other fowl or
reptiles, or any swine, horses, cows, mules, goats, sheep or any other
animals or reptiles within the City except domesticated pets.
B. "Domesticated pets" are hereby defined to mean any
animals, birds, reptiles or fish customarily kept in the home or place
of residence which are not vicious, dangerous, or otherwise obnoxious,
offensive or objectionable.
A. As used in this article, unless otherwise expressly
stated or unless the context or subject matter otherwise requires:
AT LARGE
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
(1)
A guide dog actually leading a blind person;
(2)
A police work dog in use for police work; or
(3)
Accompanied by its owner or other responsible
person and is actively engaged in hunting or training for hunting
on unposted land or on posted land with the permission of the owner
of the land.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the City to assist in the enforcement
of this article, or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective
association under contract with the City to assist in the enforcement
of this article.
OWNER
Any person who harbors or keeps any dog.
B. All other words and phrases used in this article shall
for the purpose of this article have the meanings respectively ascribed
to them by § 108 of the Agriculture and Markets Law.
The purpose of this article shall be to preserve
the public peace and good order in the City, and to contribute to
the public welfare, safety and good order of its people by establishing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of other residents of
the City.
A Dog Control Officer appointed or designated
by the City to enforce this article who shall have all the powers
and duties contained in § 114 of the Agriculture and Markets
Law.
A. No dog shall be permitted to run at large within the
City of Lackawanna, New York.
B. No unspayed female dog in season shall be permitted
to be outside a building or a fenced enclosure.
C. No person owning, harboring or having the care, custody
or charge of any dog, whether male or female or whether licensed or
not, shall allow or permit such dog at any time to run at large within
the City unless such dog shall be effectively restrained, by a chain
or leash not exceeding eight feet in length, by a competent person.
D. No dog shall be allowed at any time to be in/on playgrounds,
athletic fields, senior center property, cemeteries or school property.
[Added 7-18-2006]
E. Dogs shall not be used for guard or attack dog purposes.
[Added 7-18-2006]
F. Any person owning or having the care, custody or charge
of any dog, which is kept on the owner's premises or the premises
of others, shall, unless said dog is in his/her immediate custody
or within a fenced enclosed area, keep said dog muzzled or securely
fastened in such manner as to prevent said dog from biting any person
lawfully entering or leaving such premises.
[Added 7-18-2006]
G. The owner of each dog must reside at the premises
where the dog is licensed.
[Added 7-18-2006]
H. No dog shall
be secured, tethered or fenced within 25 feet of a public right-of-way
unless the dog is on a leash held by a competent person 16 years of
age or older.
[Added 3-22-2011]
A. Prohibited. No owner or harborer of a dog and no owner
or operator of a duly approved kennel within the City shall suffer
or permit any dog to create any unreasonably loud or disturbing noise
of such an intensity and duration as to be detrimental to the life,
health or welfare of any individual. Dogs shall be housed and confined
in places constructed so as to prevent any disturbing and unnecessary
noise which may result from the habitual or continual barking of such
dogs.
B. Declared nuisance. Any unreasonably loud or disturbing
noise prohibited herein is hereby declared to be a public nuisance.
C. Construction of section. The provisions of this section
shall be liberally construed so as to prevent excessive, unreasonable,
disturbing and unnecessary noise, due consideration being given to
the circumstance, time of day, particular location of each violation
and the demands of the public health, safety and welfare.
The Dog Control Officer and any other peace officer authorized by the City to assist in the enforcement of this article and Article
7 of the Agriculture and Markets Law shall have the authority to issue an appearance ticket, pursuant to the Criminal Procedure Law.
Any dog which shall attack any person or domestic animals within the meaning of Article
7, § 121 of the Agriculture and Markets Law shall be dealt with in accordance with such section.
[Amended 9-7-2011]
Any dog in violation of this article may be
seized, impounded and redeemed pursuant to § 118 of the
Agriculture and Markets Law; provided, however, that the impoundment
fee shall be $25 for the seizure and $16 per each day or portion thereof
after seizure. A person who has had a dog seized or impounded for
a violation of this article within the preceding five years shall
pay a fee of $50, for the seizure and $16 per each day or portion
thereof after seizure. A person who has had a dog seized or impounded
for a violation of this chapter twice or more within the preceding
five years shall pay a fee of $100 for the seizure and $16 per each
day or portion thereof after seizure.
No person shall hinder, resist or oppose the
Dog Control Officer, any police officer, agent or employee or representative
of the City in the performance of his or her duties under this article.
Such interference by any person shall constitute a violation punishable
by a fine of no more than $50.
A. No person owning, harboring, keeping, walking or in
charge of any dog shall cause or allow such dog to soil, defile, defecate
on or commit any nuisance on any sidewalk, gutter, street, play area,
park or other public area nor on any private property without the
permission of the owner of such property. The prohibition in this
section shall not apply to that portion of a street lying between
the curblines, which portion may be used to curb such dog under the
following conditions: any person who so curbs a dog shall immediately
remove all feces left by such dog as follows:
(1) Feces shall be picked up with a scoop, shovel, broom,
tong or similar implement and shall be placed directly in an airtight
container, plastic or otherwise, and then deposited in a container
used for the disposal of refuse.
(2) In no event shall any feces be deposited in any storm
sewer or drainage ditch.
B. Exclusion. The provisions of this section shall not
apply to a guide dog accompanying any blind person.
[Amended 2-22-2005 by L.L. No. 2-2005; 10-2-2012]
Except as otherwise provided for in Agriculture
and Markets Law § 119, any person who violates this article
or knowingly permits the violation of this article or any of its provisions
shall be liable to a fine of not more than $100 and/or imprisonment
for not more than 15 days for a first violation; not more than $150
and/or imprisonment for not more than 15 days for the second violation;
and not more than $250 and/or imprisonment for not more than 15 days
for the third violation and all subsequent violations occurring within
18 months of the first violation.
[Added 12-21-1992; amended 3-7-2005; 7-18-2006; 9-7-2011]
A. Licensing of dogs. All dogs within the City of Lackawanna being four
months of age or older shall be licensed by the City Clerk's
office. The owner of each dog required to be licensed shall obtain,
complete and return to the City Clerk's office a dog license
application, together with the license application fee, any applicable
license surcharges and such additional fees as may be established
by the City Council and the City of Lackawanna. Each license application
shall be accompanied by proof that the dog has been vaccinated against
rabies, and, if applicable, spaying and neutering papers are required.
Each license shall be valid for one year and shall not be transferable.
B. License fees and surcharges.
(1) The annual fee for each dog license issued shall be:
(a)
For each spayed/neutered dog: $12; $10 for senior citizens.
[Amended 9-5-2017]
(b)
For each unspayed/unneutered dog: $20; $18 for senior citizens.
[Amended 9-5-2017]
(c)
Surcharge for each dog license not renewed in the specific renewal
month: $5 for each month past the specific renewal month.
[Amended 9-9-2015]
(d)
For each replacement tag: $3.
(2) In the event that an owner of a dog which is licensed by another
municipality in New York State moves into the City of Lackawanna,
he/she must obtain an identification tag from the City Clerk's
office. In such instance, there will be no additional fee owing to
the City of Lackawanna until such time as the license from the other
municipality expires.
C. Identification of dogs.
(1) Each dog licensed by the City shall be assigned, at the time the
dog is first licensed, a license tag and identification number. Such
license tag shall include the identification number and shall be affixed
to a collar on the dog at all times. The identification number relates
to the ownership, current rabies status and a description of the dog.
(2) No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
(3) Any dog found in the City, whether on or off the owner's premises, leashed or unleashed, which is not wearing a license tag shall be considered a stray or stolen dog and is subject to seizure under Article
7 of the New York State Agriculture and Markets Law.
D. Exceptions. Any dog for which a statement from a licensed veterinarian
is provided stating that vaccination for rabies would endanger the
dog's health shall not be required to be vaccinated.
E. The owner of each dog shall be personally liable and accountable
for his/her dogs. The owner of each dog shall provide proof of liability
insurance to cover accountability for the property where the dog is
housed. No license shall be issued or renewed for a dog without said
proof of insurance. An owner who fails to comply with the provisions
of this section shall be subject to a fine not to exceed $250.
[Added 2-3-2014; amended 7-17-2018]
[Added 4-19-2004; amended 7-18-2006]
A. The fee for the Animal Control Officer to trap and
remove nuisance wildlife (woodchucks, skunks, feral cats, opossums,
squirrels, snakes, etc.) from the home or property of a resident in
the City of Lackawanna shall be $25.
B. The fee for the City to trap and remove nuisance wildlife,
including woodchucks, skunks, feral cats, opossums, squirrels, snakes,
etc., from the home or property of a resident in the City of Lackawanna
shall be $25 plus $10 per animal.
C. The fee for the City to dispose of any dead dog at
owner's request is $25 for a group burial fee. If the dog needs euthanasia
and group burial, the fee will be $50.
[Added 7-18-2006; amended 1-16-2007]
A. No one property address shall keep more than two dogs,
four months of age or older, on any residence in the City of Lackawanna.
The City Clerk shall not issue any dog licenses in any instance where
more than two dogs, four months of age or older, will be kept on the
premises in the City of Lackawanna.
B. Exceptions. Subsection
A shall not apply to any person who secures a purebred license.
[Added 7-18-2006; amended 12-20-2010]
Dogs currently licensed under the previous kennel licenses shall
be exempt from the ordinance passed by the City Council on January
16, 2007, which limits the number of dogs to two per household;
however, no additional dogs will be allowed to be kennel licensed
after January 1, 2011. All kennel-housed dogs in the City must be
licensed individually.
[Added 7-18-2006]
A. According to law, all dogs, cats and ferrets shall
be vaccinated against rabies. No cat or ferret is allowed outside
any building without a reasonable identification tag including the
owner's name and address.
B. All chimneys should be capped to prevent birds or
squirrels from falling in and raccoons from nesting.
C. The property owner(s) shall be personally liable and
accountable for his/her tenant's animals. Property owners shall provide
proof of liability insurance to cover accountability for rental property
where animals are housed. Said insurance must cover the breed of the
animal housed. No license, if required, shall be issued or renewed
for an animal without said proof of insurance. A property owner who
fails to comply with the provisions of this section shall be subject
to a fine not to exceed $250.
[Amended 9-10-2013]
D. A tenant shall be personally liable and accountable
for his/her animals. Tenants shall provide proof of liability insurance
to cover accountability for animals housed in rental property. Said
insurance must cover the breed of the animal housed. No license, if
required, shall be issued or renewed for an animal without said proof
of insurance. A tenant who fails to comply with the provisions of
this section shall be subject to a fine not to exceed $250.
[Amended 9-10-2013]
[Added 5-7-2007]
A. Any person owning, harboring, walking or in charge
of a dog who allows the dog to defecate on public property or on any
private property without the permission of the property owner shall
remove all feces immediately after they are deposited by the dog.
All feces removed in accordance with this section shall be placed
in a suitable bag or other container which closes. The bag or closed
container shall then be deposited in a receptacle for the disposal
of refuse.
B. The provisions of this section shall not apply to
blind persons using dogs as guides.
C. Any police officer of the City of Lackawanna or its
Animal Control Officer or other designee of the City Council who observes
a violation of this section is hereby authorized to issue an appearance
ticket setting forth a brief description of the circumstances of the
violation.
D. Any person who observes a violation of this section
may appear before the Chief of Detectives and sign an information
(criminal complaint). The City Judge shall summon the person who allegedly
violated this section of this article to appear in person before him/her
at a hearing, at which both the complainant and the alleged violator
shall have an opportunity to be represented by counsel and to present
evidence.
E. A conviction under this section shall be a violation and punishable in accordance with §
1-3 of the City Code.
[Added 10-2-2012]
A. It shall
be deemed unlawful for any person to provide food or feed any nondomestic
animal, including, but not limited to, birds, deer, rabbits, squirrels,
turtles, ferrets and stray cats or dogs.
B. The use
of bird feeders, wildlife feeders and/or outdoor pet food bowls shall
be prohibited.
The purpose and intent of this article shall be to preserve
the public peace and good order in this City and to promote the general
welfare and the preservation and protection of the property and the
person of residents of this City by the enforcement of regulations
and restrictions on activities of stray cats within the municipality.
As used in this article, the following terms shall have the
meanings indicated:
ANIMAL CONTROL OFFICER
A person appointed by the Mayor of the City of Lackawanna
for the purpose of enforcing this article. For purposes of this article,
an Animal Control Officer shall be deemed a peace officer.
AT LARGE
Any stray cat off the premises of the owner, except as otherwise
specifically provided by this article.
CAT
Both male and female of the species.
CITY
The City of Lackawanna, New York.
OWNER
Includes any person who owns, keeps, harbors or has the care,
custody or control of a cat. Cats owned by minors under the age of
18 years shall be deemed to be in the custody and control of the minor's
parents or head of the household where such minor resides.
All cats and cat owners within the City shall be subject to
the following regulations and restrictions:
A. No person owning or having the care and custody of a cat shall permit
such cat to be at large within the City elsewhere than on the premises
of the owner, except on the premises of another person with the knowledge
and consent of such other person.
B. The fact that a cat is at large within the City elsewhere than on
the premises of the owner or the premises of another person consenting
thereto shall be presumptive evidence that the cat has been permitted
to be at large with the knowledge of the owner.
C. A premises shall not contain more than three adult cats regularly
residing upon the premises.
The owner of a cat shall not permit such cat to do any of the
following acts:
A. Damage or deface property not belonging to the owner.
B. Deposit waste or commit a nuisance on the property of a person other
than that of the owner.
C. Howl so as to disturb or annoy any person or persons.
A. Any cat found at large within the City may be seized and confined
by any duly appointed Animal Control Officer, peace officer or duly
authorized officer or representative of the City. Any cat which, when
found at large, cannot, in the opinion of the Animal Control Officer,
peace officer or duly authorized representative of the City, be safely
seized may be destroyed.
B. Any cat seized pursuant to the provisions of this article shall be
fed, cared for and disposed of in the same manner as dogs, in accordance
with the provisions of § 118 of the New York State Agriculture
and Markets Law, except as cats are not licensed, the owner of record
need not be determined or notified.
Any person violating the provisions of this article shall be subject to a fine and/or imprisonment the same as that provided for in §
66-13 and as set forth in § 119 of Article
7 of the New York State Agriculture and Markets Law.
In the event that any portion of this article shall be declared
invalid, the remainder thereof shall not be affected thereby and shall
remain in full force and effect.
This ordinance shall take effect immediately.