The Common Council hereby finds that the harboring
and possession of dogs within the City of Albany requires the regulation
thereof in the public interest, convenience and necessity.
[Amended 2-5-1995 by Ord. No. 24.102.95]
Pursuant to the authority granted to the City
of Albany by Article 7 of the New York Agriculture and Markets Law,
it shall be unlawful for any owner of, or any person harboring, any
dog in the City of Albany to permit or allow such dog to:
A. Run at large. All dogs are to be restrained by an
adequate collar and leash, except that within the parks in the City
of Albany, not including Hoffman Park, all dogs shall be so restrained
or under the control of its owner or responsible person over 12 years
of age. For the purposes of this section, "control" shall mean within
sight of the owner and subject to immediate restraint. Any female
dog in heat shall be confined to the premises of the owner or person
harboring such dog during this period.
[Amended 9-20-2010 by Ord. No. 80.81.10]
B. Engage in howling or barking for a period of 10 minutes,
or howls or barks intermittently for 1/2 hour or more regardless of
whether the dog is physically situated in or upon private property.
[Amended 12-19-2011 by Ord. No. 53.101.11]
C. Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or person
harboring such dog.
D. Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E. Habitually chase or bark at motor vehicles.
F. Be within 25 feet of a playground or any area containing
playground equipment.
G. Be at any City of Albany special event or festival
or special event held in a City park.
H. Be in Foley Field at Hoffman Park during the months of August through
November of each calendar year so as to accommodate the youth sports
season.
[Added 10-5-2020 by Ord. No. 18.91.20]
[Added 2-5-1995 by Ord. No. 24.102.95]
The provisions in §
115-2A,
F and
G shall not apply to dogs which are assisting people with disabilities, an official part of a performance or police or other governmental agency dogs.
[Added 2-18-1988]
Pursuant to § 124 of the New York
State Agriculture and Markets Law, the City of Albany's dog control
officers, peace officers acting pursuant to their special duties or
police officers who are authorized to assist in the enforcement of
Article 7 of the New York State Agriculture and Markets Law may provide
for the issuance, pursuant to the Criminal Procedure Law, of an appearance
ticket, a uniform appearance ticket or a uniform appearance ticket
and simplified information for any violation of the provisions of
this article.
[Amended 5-19-2008 by Ord. No. 25.42.08]
Pursuant to Article 7 of the New York State
Agriculture and Markets Law, a violation of this article shall be
prosecuted in a civil action in the name of the City of Albany and
shall be deemed an offense against the article, and any person convicted
of such violation shall be liable for a civil penalty of not more
than $35 for each violation, except that when such person was found
to have violated this article or any prior versions thereof within
the preceding five years, the penalty may not be more than $65, and
when such person was found to have committed two or more such violations
of this article or any prior versions thereof within the preceding
five years, the penalty may not be more than $125.