[Adopted 1-14-1970 as Ch. 16 of the General Ordinances, approved 1-19-1970; amended in
its entirety 6-9-1982, approved 6-10-1982]
A.
No person being the owner or having custody and control of any dog
shall permit or allow such dog to run or to be at large in the streets
or on the walks or public grounds of the City unless such dog shall
wear a collar or a harness and be effectively restrained by a chain
or leash not exceeding six feet in length. The name and address of
such owner or custodian shall be legibly written, printed or stamped
upon the collar or a tag attached to such collar or harness of such
dog, except when on the premises of the owner or on the premises of
another person with the knowledge and assent of such other person.
B.
Proof of the running or being at large of a dog contrary to the provisions
of this section shall be presumptive evidence that the person in whose
name such dog is registered and/or the person who harbors such dog
is the person who permitted or allowed such dog to run or be at large.
A.
In addition to any other penalty provided by this article, the Animal Shelter Warden and his deputies and the Commissioner of Public Safety are empowered to pick up and confine or cause or direct to be seized, picked up and confined, any dog referred to in § 116-1, whether licensed or not, that shall be found at large and not on a chain or leash in the parks, park streets, walks, public grounds, public streets and public areas in the City.
B.
Each dog so seized which is not identified, whether or not licensed,
shall be held for a period of five days from the day seized, during
which period the dog may be redeemed by its owner, provided that such
owner produces proof that the dog has been licensed and has been identified
pursuant to the provisions of Article 7 of the Agriculture and Markets
Law, and further provided the owner pays the following impoundment
fees in addition to any other penalties provided in this article:
(1)
Ten dollars for the first impoundment of any dog owned by that person.
(2)
Twenty dollars for the first 24 hours or part thereof for the second
impoundment within one year of the first impoundment of any dog owned
by that person.
(3)
Thirty dollars for the first 24 hours or part thereof and $3 for
each additional 24 hours or part thereof for the third and subsequent
impoundments within one year of the first impoundment of any dog owned
by that person.
C.
Promptly upon seizure of any identified dog, the owner of record
of such dog shall be notified personally or by certified mail, return
receipt requested, of the facts of seizure and the procedure for redemption.
If notification is personally given, such dog shall be held for a
period of five days after the day of notice, during which period the
dog may be redeemed by the owner. If such notification is made by
mail, such dog shall be held for a period of seven days from the date
of mailing, during which period the dog may be redeemed by the owner.
In either case, the owner may redeem such dog upon payment of the
impoundment fees provided herein and by producing proof that the dog
has been licensed.
D.
Notwithstanding any provision of this section to the contrary, the
Dog Warden and his deputies may seek to collect impoundment fees from
any owner, whether or not a dog is redeemed.
E.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption or euthanized subject to the provisions of
the Agriculture and Markets Law, provided that no such dog shall be
delivered for adoption unless it has been licensed pursuant to the
provisions of the Agriculture and Markets Law prior to its release
from the custody of the shelter.
F.
The Animal Shelter Warden and his deputies are hereby authorized
and directed to charge the following fees:
[Added 12-11-1985, approved 12-12-1985; amended 1-8-1986, approved 1-9-1986; 11-23-1993, approved 11-24-1993]
|
Service
|
Fee
| |
|---|---|---|
|
Dog adoption
|
$30
| |
|
Cat adoption
|
$15
| |
|
Immunization
|
$10
| |
|
Euthanasia
|
$20
| |
|
Pickup at home or business
|
$25
| |
|
Volunteer surrender at shelter
|
$20
|
A.
No person having the right and ability to prevent such act shall
knowingly or carelessly or negligently permit any dog to commit any
nuisance upon any sidewalk of any public street, including that part
of the highway between the sidewalk and the curbline, avenue, park,
public square or place in the City; or upon the floor of any hall
of any tenement house which is used in common by the tenants thereof;
or upon the fences of any premises or the walls or stairways of any
building abutting on a public street, avenue, park, public square
or place; or upon the floor of any theater, store, factory or any
building which is used in common by the public, including all public
rooms or places therewith connected; or upon the floor of any depot
or station; or upon the station platform or stairs of any railroad
or other common carrier; or upon the roof of any tenement house used
in common by the tenants thereof; or upon the floor of any hall, stairway
or office of any hotel or lodging house which is used in common by
the guests thereof, or upon the private property of another person
without the owner's consent; nor shall any such person omit to
do any reasonable and proper act or take any reasonable and proper
precaution to prevent any such dog from committing such nuisance in
or upon any of the places or premises herein specified.
A.
Any defendant charged with a violation of this article may himself
plead guilty to the charge in open court. He may also submit to the
Judge, in person, by duly authorized agent, or by registered mail,
a statement that he waives arraignment in open court and the aid of
counsel; that he pleads guilty to the offense charged; that he elects
and requests that the charge be disposed of and the fine or penalty
be fixed by the court; of any explanation that he desires to make
concerning the offense charged; and that he makes all statements under
penalty of perjury. Thereupon, the Judge may proceed as though the
defendant had been convicted upon a plea of guilty, in open court;
provided, however, that any imposition of a fine or penalty hereunder
shall be deemed tentative until such fine or penalty shall have been
paid and discharged in full. If, upon receipt of the aforesaid statement,
the Judge shall deny the same, he shall thereupon notify the defendant
of this fact and that he is required to appear before the Judge at
a stated time and place to answer the charge which shall thereafter
be disposed of pursuant to the applicable provisions of law.
B.
If a defendant intends to plead not guilty to the charge, then he
must appear in court at the time and date indicated on the appearance
ticket.
The Dog Warden, his deputies and police officers of the Mount
Vernon Police Department may issue appearance tickets for violations
of any provisions of this article.
[Amended 5-22-1985, approved 5-23-1985]
B.
Any other violation of this article shall be punishable by a fine
of not more than $25,; except that when the person was found to have
violated this article, the former Article I or any provision of Article
7 of the Agriculture and Markets Law within the preceding five years,
the fine may not be more than $50; and where the person was found
to have committed two or more such violations within the preceding
five years, it shall be punishable by a fine of not more than $100
or imprisonment for not more than 15 days, or both.
If any provision, section, paragraph, subdivision or clause
of this article shall be adjudged invalid, such adjudication shall
apply only to the provision, section, paragraph, subdivision or clause
so adjudged, and the balance of this article shall remain valid and
effective.
