[Adopted 8-7-1984 by L.L. No. 3-1984,
approved 8-28-1984, as Ch. 11, Art. III, of the 1984 Code]
No person shall keep or harbor a dog which howls
or barks habitually or continuously so as to disturb the peace and
quiet of other persons.
Any female dog shall be confined to the premises
of the owner while such female dog is in season.
[Amended 12-6-1994, approved 12-6-1994; 6-6-1995, approved 6-8-1995; 12-16-1999 by L.L. No.
2-2000, approved 1-3-2000; 3-2-2004, approved 3-5-2004]
A. Definitions. As used in this section, the following
words and terms shall have the following meanings:
DANGEROUS DOG
(1)
Any dog:
(a)
Which, when unprovoked, approaches any person
upon the streets, sidewalks or any public grounds or places in a vicious
or terrorizing manner or in any apparent attitude of attack;
(b)
With a known propensity, tendency or disposition
to attack unprovoked, causing injury or to otherwise endangering the
safety of human beings or domestic animals;
(c)
Which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal without provocation on public
or private property; or
(d)
Which has been ordered confined pursuant to
the provisions of § 121 of the Agriculture and Markets Law.
(2)
Notwithstanding the foregoing, except pursuant to Subsection
1(d) 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.
KEEPER
Any person other than the owner of 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.
OWNER
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 any animal to remain on premises occupied
by him.
UNCONFINED
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.
VICIOUS DOG
(1)
Any dog owned, harbored or trained primarily
or in part for the purpose of dog fighting; or
(2)
Any dog owned, harbored or trained primarily
or in part for the purpose of attacking a human being or domestic
animal upon command.
B. Restrictions on dangerous dogs. No person should suffer,
permit or allow any dangerous dog to remain unconfined on property
within the City of Kingston 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.
C. Vicious dogs prohibited. No person shall sell, purchase, possess, rent, lease or harbor a vicious dog within the jurisdiction of the City of Kingston other than a vicious dog that has been acquired prior to the effective date of §
151-11 and registered as required pursuant to the same.
D. Exceptions.
(1) The provisions of this section shall not apply to:
(a)
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.
(b)
Facilities which are maintained by or are under
the control of the City.
(c)
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 Kingston 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 Common 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.
(d)
Laboratories operated pursuant to § 504
of the Public Health Law or educational or scientific institutions.
(e)
Persons authorized to enforce the provisions
of this section.
(2) This section shall not be deemed to prohibit any business
transaction concerning a dog that is not physically present in the
City.
E. Registration. 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 §
151-11.
F. Insurance required.
(1) Any person owning, harboring or having care or custody
of a dangerous dog shall provide liability insurance in the amount
of at least $50,000, covering any damages or injury caused by such
dangerous dog.
(2) The owner of a dangerous/vicious dog shall maintain liability insurance in full force and effect at all times as required by Subsection
F(1) unless he shall cease to own, keep or harbor the dog prior to the expiration of such registration.
G. Enforcement.
(1) Any police officer, animal control officer or code
enforcement officer of the City of Kingston is authorized to issue
an appearance ticket or uniform appearance ticket for the violation
of any provision of this section.
(2) Any animal which is observed running at large in violation
of the provisions of this section may be picked up or captured by
a Dog Control Officer, animal control officer, police officer or by
any other person or agency duly designated by the City of Kingston
to perform such service. Any such Dog Control Officer, 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.
(3) When the animal seized is a dog, it shall be held,
cared for and disposed of in a manner consistent with § 118
of the Agriculture and Markets Law of the State of New York.
(4) Every reasonable effort will be made by the City of
Kingston 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 Animal Control 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 section.
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 section.
H. Penalties for offenses. Anyone charged with a violation of any of the provisions of §
151-11 shall be issued an appearance ticket to appear in Kingston City Court. A violation of this section shall be punishable by a fine not exceeding $500. Each day on which a violation of this section occurs shall constitute a separate and distinct offense. In addition, upon a conviction of violating Subsection
C, or if in the court's judgment, a dangerous dog represents a continuing threat or serious harm to human beings or other domestic animals, the court may order the dog destroyed in an expeditious and humane manner. Any person found guilty of violating this section shall pay all expenses, including. but not limited to, medical expenses and lost wages of victims of said dangerous or vicious dogs and any shelter, food, and veterinary expenses necessitated by the seizure of any dog pursuant to this section and such other expenses as may be required for the destruction of such dog.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000; 3-2-2004, approved 3-5-2004]
The owner of a dog shall not permit such dog,
even though leashed, to do any of the following acts:
A. Enter public buildings (except for business concerned
with dogs), restaurants, stores subject to the approval of owners,
except Seeing Eye dogs or Hearing dogs properly trained to assist
blind or deaf persons when such dogs are actually being used by blind
or deaf persons for the purpose of aiding them in going from place
to place.
B. Damage or deface property not belonging to the owner
of the dog.
C. Commit a nuisance on the private property of a person
or party other than that of the owner of the dog.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
A. The Dog Control Officer or any peace officer is hereby
authorized to seize or direct the confinement of any dog which is
reported to have attacked or injured a human being. Any such dog shall
be confined by the owner for such length of time as may be necessary
for the purpose of determining whether such dog is affected by rabies,
and, if so affected, it may be destroyed.
B. The owner of such a dog shall upon demand deliver
the possession of such dog to the Dog Control Officer, or any officer
authorized to seize the same, and shall upon demand pay to the city
the cost of confinement and treatment of the dog.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000; 3-2-2004, approved 3-5-2004]
A. Any peace officer or the Dog Control Officer of the City shall seize any dog found at large not wearing the license tag required by Article
7 of the Agriculture and Markets Law of the state.
B. Any peace officer or Dog Control Officer of the City
shall seize any dog which is found at large in violation of this article,
or which is found at large and is in violation of this article at
the time when so found at large.
C. After complaint and hearing, any City Court Judge
of the City of Kingston may direct any dog owner who is in violation
of this article to dispose of the offending dog outside the City,
or if the dog is not in the custody of the City, to deliver the same
to the Dog Control Officer for humane destruction.
D. Every dog so seized shall be properly fed and cared
for at the expense of the City of Kingston until disposition thereof,
as herein provided, and in accordance with the applicable provisions
of the Agriculture and Markets Law of the State of New York.
E. If a dog is seized for failure to be leashed, as herein
provided, and the dog is wearing a license tag, the Dog Control Officer
or peace officer shall ascertain the owner of the dog and shall give
immediate notice to the owner, or an adult member of his family, with
a notice, in writing, stating that the dog has been seized and will
be made available for adoption or humanely destroyed unless redeemed
as herein provided.
F. If a dog is seized for failure to be leashed, as herein
provided, and the dog is wearing a license tag, the owner may redeem
the dog within 10 days by paying the City Clerk a sum set forth in
the fee schedule to be established by resolution of the Common Council
of this City as the cost of the seizure.
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
G. If a dog is seized for failure to be tagged, as herein
provided, the owner may redeem the dog within five days by producing
to the person seizing the dog a license for the dog and paying to
the City Clerk a sum set forth in the fee schedule to be established
by resolution of the Common Council of this City redemption after business hours as the cost of seizure.
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
H. In addition to the cost of seizure in the above Subsections
F and
G, the owner of a dog seized by the Dog Control Officer shall also pay the cost of boarding said animal, together with any professional veterinary services rendered in the necessary treatment of said dog during its boarding. Said boarding fee shall be equal to what the City of Kingston is charged for boarding a dog.
I. If an owner is entitled to redeem a dog, as herein
provided, and if not so redeemed, the owner shall forfeit all title
to the dog. The dog shall be made available for adoption or euthanized
by the agency having the care and custody of the dog pursuant to § 118,
Subdivision 7, of the Agriculture and Markets Law. The agency which
destroys the dog shall immediately dispose of the same and make a
written report of such destruction and disposition to the City Clerk,
who shall keep a record thereof.
J. All dogs who are available for adoption by the City
of Kingston shall be given rabies shots, distemper shots, tests for
heart worm and lyme disease and said dogs shall be spayed/neutered
prior to adoption. The fee for the adoption of all dogs available
for adoption shall be a sum as set forth in the fee schedule to be
established by resolution of the Common Council of this City which fee will include the fees for rabies shots, distemper
shots, tests for heart worm and lyme disease, and the spaying/neutering
of said dog.
[Added 5-6-2008 by L.L. No. 2-2008,
approved 5-22-2008; amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
Any Judge of the City Court of Kingston shall
have jurisdiction to hear all complaints under this article, and of
all actions and proceedings hereunder, and of all prosecutions for
the violation of this article.
[Amended 12-16-1999 by L.L. No.
2-2000, approved 1-3-2000]
A Dog Control Officer shall be designated by
the City Clerk of the City of Kingston as provided by § 114
of the Agriculture and Markets Law, at an annual salary to be fixed
from time to time by the Common Council, who shall have all of the
duties and responsibilities hereinafter provided. In lieu of designating
and employing a Dog Control Officer as herein provided, an agreement
may be made by the City of Kingston with the Ulster County Society
for Prevention of Cruelty to Animals whereunder all the duties, responsibilities
and obligations and the powers and authority of the Dog Control Officer
shall be assumed and performed by said Ulster County Society for Prevention
of Cruelty to Animals.
[Amended 12-16-1999 by L.L. No.
2-2000, approved 1-3-2000]
It shall be the duty of the Dog Control Officer
to enforce the provisions of this article and to seize all dogs found
at large in violation of the chapter or which are ordered seized by
a Judge of the City Court of Kingston.
Any person who observes or has knowledge of
a dog causing damage or destruction to property of a person, other
than its owner, or violating any section of this article or committing
a nuisance upon the premises of a person other than its owner may
file a signed complaint, under oath, with the Clerk's office of the
City Court of Kingston, specifying the objectionable conduct of the
dog, the date thereof, the damage caused, a description of the dog
and name and residence, if known, of the owner or other person harboring
said dog.
Upon receipt by the Clerk of the City Court
of any complaint against the conduct of any particular dog, the Clerk
may summon the alleged owner or other person harboring said dog to
appear in person before him. If the summons is disregarded, the City
Judge of Kingston may permit the filing of an information and issue
a warrant for the arrest of such person.
[Amended 9-7-1993; approved 9-9-1993; 12-16-1999 by L.L. No.
2-2000; approved 1-3-2000; amended 5-7-2013, approved 5-10-2013]
Except as otherwise provided in § 119
of the Agriculture and Markets Law, any person who violates or knowingly
permits the violation of this article shall be deemed to have committed
an offense against this article and shall be subject to a fine of
up to $100. Each separate offense shall constitute a separate additional
violation.
This article shall take effect immediately.