[Adopted 2-24-1988, approved 2-25-1988]
As used in this article, the following words and terms shall
have the following meanings:
Any dog:
Which when unprovoked approaches any person upon the streets,
sidewalks or on any public grounds or places in a vicious or terrorizing
manner or in any apparent attitude of attack;
With a known propensity, tendency or disposition to attack unprovoked,
to cause injury or to otherwise endanger the safety of human beings
or domestic animals;
Which bites, inflicts injury, assaults or otherwise attacks
a human being or domestic animal without provocation on public or
private property; or
Which has been ordered confined pursuant to the provisions of
§ 121 of the Agriculture and Markets Law.[1]
Notwithstanding the foregoing, except pursuant to Subsection A(4) above, no dog may be considered to be a dangerous dog by reason of any injury or damage sustained by a person when such person was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime; any injury or damage sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog; or any injury or damage caused by the dog in protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
Any person other than the owner or a dangerous/vicious dog
who harbors or has in his or her possession a dangerous/vicious dog
or manages, controls or cares for a dangerous/vicious dog.
Any person or legal entity having a possessory property right
in an animal or who harbors, cares for or exercises control over an
animal or knowingly permits an animal to remain on premises occupied
by him.
Outside the confines of a residence or commercial structure
commonly occupied by human beings or an enclosure of at least six
feet in height with secure sides, top and bottom or, if there is no
bottom, with sides which extend at least one foot underground, and
which shall be locked and designed to prevent the escape of the animal
or the entry of young children.
No person should suffer, permit or allow any dangerous dog to
remain unconfined on property within the City of Mount Vernon or to
go beyond the boundaries of such property unless such dog is securely
muzzled and restrained with a chain having a minimum tensile strength
of 300 pounds and not exceeding three feet in length and is under
the direct control and supervision of the owner of the dog. The owner
or keeper of a dangerous dog shall post conspicuous notices on the
perimeter of the property where such dog is kept to warn persons of
the nature of the dog confined therein.
No person shall sell, purchase, possess, rent, lease or harbor
a vicious dog within the jurisdiction of the City of Mount Vernon
other than a vicious dog that has been acquired prior to the effective
date of this article and registered as required pursuant to this article.
A.
The provisions of this section shall not apply to:
(1)
Animal shelters designated by the Department of Health to keep or
hold animals, including all shelters operated by the American Society
for the Prevention of Cruelty to Animals;
(2)
Facilities which are maintained by or are under the control of the
City;
(3)
Places of public exhibition, contest or show sponsored by a dog club
association or similar organization and persons who have brought a
dog temporarily within the jurisdiction of the City of Mount Vernon
for the purpose of showing a dog to such an exhibition, contest or
show or for other entertainment purposes as defined in regulations
promulgated by the City Council, provided that the sponsor of the
exhibition, contest, show or entertainment has obtained written permission
from the City Council and has provided protective measures adequate
to prevent dogs from escaping or injuring the public;
(4)
Laboratories operated pursuant to § 504 of the Public Health
Law or educational or scientific institutions; and
(5)
Persons authorized to enforce the provisions of this article.
B.
This section shall not be deemed to prohibit any business transaction
concerning a dog that is not physically present in the City.
The owner of any dangerous/vicious dog who acquired such dog
prior to the effective date of this article shall register such dog
with the office of the City Clerk no later than 180 days after the
effective date of this article.
A.
No owner of any dangerous/vicious dog shall be allowed to register
said animal unless such owner produces proof that he has obtained
liability insurance in the amount of at least $1,000,000 covering
any damage or injury which may be caused by such dog during the twelve-month
period for which registration is sought.
A.
Any police officer, animal control officer or Code Enforcement Officer
of the City of Mount Vernon is authorized to issue an appearance ticket
or uniform appearance ticket for the violation of any provision of
this article.
B.
Any animal which is observed running at large in violation of the
provisions of this article may be picked up or captured by a dog warden,
animal control officer, police officer or by any other person or agency
duly designated by the City of Mount Vernon to perform such service.
Any such dog warden, animal control officer, police officer or the
authorized person or agency who picks up or captures such animal shall
be empowered to exercise such degree of force as shall be necessary
to effect such pickup or capture without intentionally injuring or
harming the animal.
D.
Every reasonable effort will be made by the City of Mount Vernon
to locate and notify the owner of the pickup or capture of his or
her animal. Upon such location and notification to the owner, the
Department of Health will return the animal to its owner within a
prompt and reasonable period of time, provided that such return of
the animal is not contrary to the provisions of this article. The
City may require reasonable proof of ownership. The return of such
animal to its owner shall be deemed proof of ownership, unless such
animal has a valid license tag pursuant to the provisions of the Agriculture
and Markets Law of the State of New York, in which case such tagging
shall be deemed proof of such ownership. The owner shall be subject
to the penalties provided in this article.
A violation of this article shall be punishable by a fine not
exceeding $500. Each day on which a violation of this article occurs
shall constitute a separate and distinct offense.
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.