[Added 7-7-1994]
As used in this article, the following terms
shall have the meanings indicated:
A fence of at least six feet in height or other structure,
such as a pen, forming or causing an enclosed area suitable to prevent
the entry of young children, or any part of their bodies, and suitable
to confine vicious dogs in conjunction with other measures which may
be taken by the owner or the keeper, such as the tethering of a vicious
dog. Such "other structure" shall be securely enclosed and locked
and designed with secure sides, top and bottom, and shall be designed
to keep the animal from escaping therefrom. If the pen or "other structure"
has no bottom secured to the sides, the sides must be embedded in
the ground no less than one foot.
Taken into custody of the public pound used by the City of
Albany.
A natural person or any legal entity, including but not limited
to a corporation, firm, partnership or trust.
Any dog:
Which, when unprovoked, approaches a person
in a vicious or terrorizing manner in an apparent attitude of attack
upon the streets, sidewalks or any public grounds or places;
With a known propensity, tendency or disposition
to attack unprovoked, cause injury or otherwise endanger the safety
of human beings or domestic animals;
Which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal or household pet without
provocation on public or private property; or
Owned or harbored primarily or in part for the
purpose of dogfighting or any dog trained for dogfighting.
No dog may be declared vicious if any injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. If the trespass is determined to be of an innocent nature, the court may, depending on the circumstances, and in accordance with the procedures set forth in § 115-23, find the dog to be vicious.
No dog may be declared vicious if it is used
by law enforcement officials for law enforcement work.
A.
An animal control officer who has probable cause to
believe that a dog is vicious, as defined in this article, shall immediately
demand that possession of the dog be forthwith relinquished to said
animal control officer, who shall impound said dog and notify the
owner of said impoundment. The owner of such dog may request the City
Court to conduct a hearing within 15 days to determine if the dog
is vicious. Upon such request, the City Court shall provide for the
hearing within five days. At such hearing all interested persons shall
have the opportunity to present evidence on the issue of the dog's
viciousness. If no such hearing is requested within 15 days from the
notification of the dog's impoundment, the dog shall become the property
of the City.
B.
After a finding that a dog is vicious as defined in
this article, it is in the Court's discretion to order the dog destroyed
or return the dog to the owner upon satisfaction of the following
conditions:
(1)
The owner obtained general liability insurance in
the amount of $100,000 for any injury which the dog may cause, naming
the City of Albany as an additional insured for the purpose of receiving
notification of termination. It shall be the duty of said dog owner
to maintain such insurance policy in force so long as the dog shall
be present in the City of Albany.
(2)
The owner shall obtain from the City Clerk the appropriate
collar designating the dog as dangerous. Said collar shall remain
on the dog at all times.
(3)
The owner shall obtain a leash and muzzle for said
dog. Such leash shall have a maximum length of three feet and shall
have a minimum tensile strength of 300 pounds. It shall be unlawful
at all times thereafter to allow said dog to leave the owner's home
or secure enclosure as defined herein upon the owner's property unless
said dog is muzzled, collared and tethered and under the control of
a person at least 18 years of age.
(4)
Registration. The City Clerk or his/her designee shall
required the owner of a vicious dog to register such dog with the
City Clerk. The application for such registration shall contain the
name and address of the owner, the breed, age, sex, color and any
other identifying marks of the dog, the location where the dog is
kept if not at the address of the owner and any other information
which the City Clerk of his/her designee shall require. The application
for registration pursuant to this subsection shall be accompanied
by a registration fee of $40. Each dog registered pursuant hereto
shall be assigned an official registration number by the City Clerk.
Such registration number shall be tattooed at the owner's expense
in the manner prescribed by the City Clerk. The certificate of registration
shall be of such form and design and shall contain such information
as the City Clerk shall prescribe and shall be issued to the owner
upon payment of the registration fee and presentment of sufficient
evidence that the owner has complied with all the orders of the City
Clerk as prescribed at the determination hearing.
[Amended 5-19-2008 by Ord. No. 25.42.08]
(5)
The owner shall display a sign on the premises warning
that there is a vicious dog on the property. This sign shall be visible
and capable of being read from the public highway or street.
(6)
The owner of the dog shall have the dog sterilized.
(7)
The dog shall not be returned to any person under
the age of eighteen (18.)
C.
An animal control officer who has probable cause to
believe that a vicious dog is being possessed in violation of this
article shall immediately demand that possession of the dog be forthwith
relinquished to said animal control officer, who shall impound said
dog until the article has been complied with and all fines paid.
If any vicious dog causes injury to a person
or domestic animal or damage to property while out of or within the
enclosure of the owner of the dog or while off the property of the
owner, whether or not the vicious dog was on a leash and securely
muzzled or whether the vicious dog escaped without the fault of the
owner, the owner shall be liable to the person aggrieved by the injury
for all damages sustained, to be recovered in a civil action.
The owner shall notify the City Clerk within
24 hours if a vicious dog is loose, unconfined, has attacked another
animal, has attacked a human being or has died.
No person shall own or harbor any dog for the
purpose of dogfighting or shall train, torment, badger, bait or use
any dog for the purpose of causing or encouraging the dog to unprovoked
attacks upon human beings or domestic animals.
No person shall possess with intent to sell,
offer for sale, give away, breed, buy, attempt to buy or receive as
a gift within the City any vicious dog.
A.
Any person violating the provisions of this article
shall be punished by a fine of not more than $1,000 or 30 days in
jail, or both. Each separate offense shall constitute an additional
violation.
B.
Any person found guilty of violating this article
shall pay all expenses, including shelter, food and veterinary expenses,
necessitated by the seizure of any dog for the protection of the public
and such other expenses as may be required for the destruction of
such dog.
The provisions of this article shall not supersede,
but rather shall be supplementary to, the provisions of law contained
in Article 7 (§ 106 et seq.) of the Agriculture and Markets
Law and any other applicable ordinance, rule or regulation.
