City of Kingston, NY Article III Control of Dogs

[Adopted 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984, as Ch. 11, Art. III, of the 1984 Code]

§ 151-9 Howling dogs.

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.

§ 151-10 Female dogs.

Any female dog shall be confined to the premises of the owner while such female dog is in season.

§ 151-11 Dangerous and vicious dogs.

[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.

§ 151-12 Property damage.

[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.

§ 151-13 Potentially rabid dogs.

[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.

§ 151-14 Seizure of dogs.

[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[1] as the cost of the seizure.

[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]

[1] Editor's Note: See Ch. 217, Fees.

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[2] redemption after business hours as the cost of seizure.

[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]

[2] Editor's Note: See Ch. 217, Fees.

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[3] 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]

[3] Editor's Note: See Ch. 217, Fees.

§ 151-15 Jurisdiction.

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.

§ 151-16 Dog Control Officer.

[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.

§ 151-17 Duty of the Dog Control Officer.

[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.

§ 151-18 Complaints.

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.

§ 151-19 Authority of chief complaint clerk.

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.

§ 151-20 Penalties for offenses.

[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.

§ 151-21 When effective.

This article shall take effect immediately.