City of Oswego, NY
Oswego County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Oswego 1-24-2011 by L.L. No. 1-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 165.
[1]
Editor’s Note: This local law also superseded former Ch. 63, Animals, consisting of Art. I, Dogs and Other Animals, adopted 5-12-1980 as Ch. 6, Art. I, and Ch. 99, § 99-28, of the 1980 Code, as amended, and Art. II, Dead Animals, adopted 1-13-1992 (Ch. 6, Art. II, of the 1980 Code), as amended.
As used in this article, the following words shall have the meanings indicated:
ANIMAL
Any live vertebrate creature, domestic or wild.
ANIMAL SHELTER
Any facility operated by a humane society or by a municipal agency or its authorized agents for the purpose of impounding or caring for animals held under the authority of this article or state law.
AT LARGE
Any animal shall be deemed "at large" when it is off the property of its owner and not under the control or restraint of a competent person.
AUCTIONS
Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this article. This section does not apply to individual sales of animals by owners.
CAT
Any member of the species Felis domesticus.
CIRCUS
A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT
Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel.
DOG
Any member of the species Canis familiaris.
EDUCATIONAL INSTITUTION
Includes elementary, secondary and higher education facilities.
ENCLOSURE
A fence or pen of at least six feet in height creating an enclosed area that cannot be breached by children or other animals and which a dog cannot escape.
[Added 11-10-2014 by L.L. No. 3-2014]
GROOMING SHOP
A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
IMPOUNDED
Taken into custody at the City of Oswego Animal Shelter by the Animal Control Officer.
[Added 11-10-2014 by L.L. No. 3-2014]
KENNEL
Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.
LICENSING AUTHORITY
The City of Oswego.
OWNER
Any person who owns, keeps, harbors or has the care, custody or control of an animal. Animals owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household where the minor resides.
PERSON
A natural person or any legal entity, including but not limited to a corporation, partnership, or trust.
[Added 11-10-2014 by L.L. No. 3-2014]
PET SHOP
Any person, partnership or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animals.
RESTRAINT
An animal is under "restraint" if it is secured by a leash or lead or within a vehicle being driven or parked on the street or within the property limits of its owner or keeper or upon the premises of another with consent of such other person.
SERVICE DOG
Any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative.
VICIOUS ANIMAL
Any animal or animals that constitute a physical threat to human beings or other animals.
A. 
No dog owner shall keep any dog within the City of Oswego over four months of age unless a license has been issued by the City Clerk. The fee schedule shall be as follows: $10 for spayed or neutered dogs; $5 for spayed or neutered dogs owned by senior citizens over 65 years of age; $25 for unspayed or unneutered dogs four months of age or older. On a monthly basis, $1 per spayed/neutered dog and $3 per unspayed/unneutered dog shall be submitted to the Animal Population Control Fund.
B. 
Date of payment. It shall be the duty of each owner of a dog to renew the license annually and pay the license fee imposed in Subsection A of this section to the City Clerk. The license is renewable after a period of one year beginning with the first day of the month following the date of issuance. Delinquent payments for license renewals will be charged a late fee of $5.
C. 
Application and tag. Upon payment of the fee and the validation of the application for a license, the application shall become the license for the dog described on the application. The Clerk shall then issue an identification tag bearing the number assigned to the license.
D. 
Affixing identification tag. The owner shall cause the issued identification tag to be affixed to the collar on the dog at all times during which the dog is not on the premises of the owner. No tag carrying an official identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
E. 
All cats off the premises of their owners must be identified by a collar and tag. These may be purchased at the Animal Shelter by providing payment of $20 and proof of a valid rabies certificate and spay or neuter certificate for the cat.
F. 
It shall be the duty of each owner of a dog to notify the municipality in which his/her dog is licensed of any change of address or transfer of ownership. Deceased, lost or stolen dogs must be reported before or on receipt of renewal form.
Service dogs as described in § 63-1 shall be exempt from the license fee. Valid documentation must be presented.
A. 
No person, partnership or corporation shall operate a commercial animal establishment without first obtaining a permit in compliance with this section.
B. 
The licensing authority shall promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this article and other applicable laws. The licensing authority may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals.
C. 
The permit period shall begin with the first of the year and run for one year. Renewal applications for permits shall be made 30 days prior to and up to 60 days after the first of the year. An application for a permit to establish a new commercial animal establishment under the provisions of this article may be made at any time.
D. 
If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his name upon payment of a transfer fee of $10.
E. 
Annual permits shall be issued upon payment of the following applicable fee:
(1) 
For each kennel authorized to house less than 50 dogs or cats: $100.
(2) 
For each pet shop: $100.
(3) 
For each riding stable: $100.
(4) 
For each auction: $100.
(5) 
For each zoological park: $100.
(6) 
For each circus: $100.
(7) 
For each performing animal exhibition: $100.
(8) 
For each grooming shop: $100.
F. 
Every facility regulated by this article shall be considered a separate enterprise and requires an individual permit.
G. 
Persons breeding dogs must license such animals individually and obtain a kennel license.
H. 
No fee shall be required of any veterinary hospital, animal shelter or government-operated zoological park.
I. 
Failure to obtain a permit before opening any facility covered in this section shall result in a fine of $50.
J. 
Any person who has a change in the category under which a permit was issued shall be subject to reclassification and appropriate adjustment of the permit fee shall be made.
A. 
The licensing authority may revoke any permit or license if the person holding the permit or license refuses to comply with this article, the regulations promulgated by the licensing authority or any law governing the protection and keeping of animals.
B. 
Any person whose permit or license is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept or harbored by such person, and no part of the license or permit fee shall be refunded.
C. 
It shall be a condition of the issuance of any permit that the licensing authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit of the refusing owner.
D. 
If the applicant has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license.
E. 
No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.
F. 
Any person denied a license or permit may not reapply for a period of 30 days. Each reapplication shall be accompanied by a fee of $40.
G. 
Permit applicants with outstanding violations or unpaid monies.
(1) 
No such permit shall be granted to or renewed for an applicant who is in violation of any City of Oswego code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of City ordinances or any other fees or past due monies of any name or nature owed to the City of Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L. No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a) 
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
(b) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
(c) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this local law.
(d) 
Such permit, once granted, shall be revoked in the event that the applicant accrues violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted. The revocation shall take effect five business days after receipt by the permit holder of notice from the City of Oswego of the pending revocation. Upon such revocation, all permitted activities and privileges shall immediately cease.
(e) 
No application fees shall be refunded upon revocation of the permit.
(f) 
The applicant must reapply for the issuance of such revoked permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once a new permit has been granted.
(g) 
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
(2) 
Notwithstanding the provisions contained in this section to the contrary, when in the opinion of the Director of Code Enforcement the issuance of a permit is necessary to prevent harm to life, safety, or the general welfare of the public, the Director of Code Enforcement shall be authorized to issue said permit for the sole and exclusive purpose of bringing such violations into compliance with the Code of the City of Oswego. Nothing contained herein shall relieve the property owner from complying with all other applicable sections of the Code including, without limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L. No. 2-2017]
A. 
No owner shall permit or allow any dog to run at large within the City unless such animal is restrained, as that term is defined in § 63-1.
B. 
No unspayed female dog or cat in heat shall be permitted to be outside a building or a fenced enclosure.
C. 
No household shall be permitted to possess more than three unaltered dogs or three unaltered cats over the age of six months without first obtaining a kennel license.
D. 
No person shall own or harbor any animal which shall be vicious or which shall attack or attempt to bite any person peaceably passing along the street, lane, park or walk of the City or any place the person may legally be.
E. 
Certain acts by animals prohibited.
(1) 
An owner of an animal shall not permit such animal, either licensed or unlicensed, to:
(a) 
Persistently or consistently bark or howl or whine or snarl or growl.
(b) 
Cause personal injury.
(c) 
Cause damage to personal property.
(d) 
Transport trash or create impairment of lawns, hedges, flowerbeds and gardens on property other than that of the owner or of anyone having the animal in custody.
(e) 
Persistently bark or chase or growl or snarl at pedestrians who are using the sidewalks while the animal is on the property of the owner or harbored.
(f) 
Roam with one or more animals in a pack.
(g) 
Be in the habit of chasing or barking at automobiles.
(h) 
Kill other animals, except mice and rats.
(2) 
Animals are prohibited in any grocery stores or any store where perishable goods are sold or any part of any restaurant where food is prepared, except guide, service and hearing dogs as such terms are defined in § 108 of the Agriculture and Markets Law.
F. 
Any person owning, harboring or possessing a wild animal other than a dog or cat or other domestic animal shall take the proper precautionary measures to safeguard the public from such animal. Failure to comply with this subsection is to be considered a misdemeanor in accordance with § 370 of the Agriculture and Markets Law.
G. 
It shall be unlawful for any owner of any unneutered or unspayed cat to permit or allow such cat to be at large within the City of Oswego. A violation of this section shall be deemed to have occurred upon the impoundment of such a described cat or upon investigation and determination by the Animal Control Officer of such a violation.
A. 
The Dog Control Officer, per mandate of § 108 of the Agriculture and Markets Law, will serve as the Animal Control Officer, and such officer shall be the enforcing officer for carrying out the terms of this article. The Animal Control Officer shall investigate any complaint lodged by any person against any animal or animal owner allegedly against this article.
B. 
It is the duty of the Animal Control Officer to seize and impound animals running at large in addition to the dogs and cats that are seized for violations. If any such animal is seized by persons other than the above, such person shall contact the City Animal Control Officer immediately or during the business hours immediately following such seizure to report such "found" animal.
C. 
Every animal seized by the Animal Control Officer shall be maintained, redeemed, sold or disposed of in accordance with Article 7 and Article 26 of the State Agriculture and Markets Law.
D. 
Seized cats, dogs and other domesticated pets may be redeemed by producing sufficient proof of ownership, proof of compliance with any state laws regarding the harboring of such animals, including but not limited to proof of rabies vaccination if required, and by paying impoundment fees as set forth from time to time by the Common Council of the City of Oswego.
(1) 
Dogs. Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the Agriculture and Markets Law, and further provided that the owner pays the following impoundment fees:
(a) 
For the first impoundment of any dog owned by that person: $30 for the first 24 hours or part thereof and $15 for each additional 24 hours or part thereof.
(b) 
For the second impoundment within one year of the first impoundment of any dog owned by that person: $50 for the first 24 hours or part thereof and $15 for each additional 24 hours or part thereof.
(c) 
For the third and subsequent impoundments within one year of the first impoundment of any dog owned by that person: $60 for the first 24 hours or part thereof and $15 for each additional 24 hours or part thereof.
(d) 
For the impoundment of any dangerous dog, deemed dangerous by the Animal Control Officer: $30 a day.
(2) 
Cats.
(a) 
Any impounded cat that is "identified" as defined below, that is spayed or neutered, and that has a current rabies vaccination, and for which authoritative proof of all three of these conditions can be shown, shall be subject to an impoundment fee of $10 plus a boarding fee of $6 per night, or portion thereof, of impoundment. "Identified" cats shall include cats for which the owner can show proof were wearing a collar with identification tag as approved by the Animal Control Officer.
(b) 
Any impounded cat which does not meet all of the above requirements shall be subject to an impoundment fee of $20 plus a boarding fee of $12 per night, or portion thereof, of impoundment.
(3) 
Further, in addition to the foregoing, the owner or person having custody of an animal whose animal was seized within the City of Oswego and impounded will be required to reimburse the City of Oswego for any disbursements made by the City for the humane care and treatment of the animal, including but not limited to veterinarian's services, and any necessary treatment directed by the Animal Control Officer or Public Health Official. If the owner of any impounded dog, cat or other domesticated pet be known, such owner shall be required to pay the impoundment fees incurred regardless of whether such owner chooses to redeem his or her animal.
E. 
No animal over three months old shall be redeemed by its owners unless such owner shall provide proof that the animal has received a rabies vaccination or has the animal vaccinated for rabies before it is redeemed. The fee for a rabies vaccination at the animal shelter shall be $30 for a one-year vaccine and $60 for a three-year vaccine, and the fee for flea treatment of an animal shall be $20.
F. 
Any dog or cat in the custody of the animal shelter shall be made available for adoption or euthanized subject to the provisions of the Agriculture and Markets Law after the time for redemption has expired. No dog or cat over three months old shall be available for adoption until it has received a rabies vaccination.
G. 
The fees for adoption of dogs and cats shall be as follows: for dogs, a fee of $100, plus fee for a license; for cats, a fee of $70. Any person who adopts a dog or a cat from the animal shelter shall deposit, at the time of adoption, a deposit of $35. Upon providing proof of spaying or neutering within 30 days, the deposit shall be fully refunded to the adopter.
H. 
Deposits not claimed after 90 days from the date of collection of the deposit by the Animal Shelter or within 90 days from the dog or cat attaining six months of age shall be deposited into the New York State Animal Population Control Fund.
[Added 11-10-2014 by L.L. No. 3-2014]
A. 
Declaration as dangerous; exceptions.
(1) 
A dog may be declared dangerous if:
(a) 
It chases, attacks, or approaches a person on any public or private property without provocation in a menacing fashion or intent to attack.
(b) 
It has a known history of attacking, causing injury, or otherwise endangering or threatening the safety of human beings or domestic animals.
(c) 
It assaults, inflicts injury upon, bites or otherwise attacks any human being, domestic animal or household pet on public or private property.
(d) 
It is trained for dog fighting or is harbored primarily or in part for the purpose of dog fighting.
(e) 
It acts in an aggressive manner, creating a public safety threat as witnessed by the Animal Control Officer or Peace Officer on duty within the City of Oswego.
(f) 
It menaces, attacks, or attempts to attack the Animal Control Officer or any peace officer on duty while performing the duties of his/her job.
(2) 
Exceptions.
(a) 
No dog may be declared dangerous if the damage/injury occurred to a person committing a willful trespass upon premises occupied by the owner or keeper of the dog, or if the dog was being teased, tormented, abused, or assaulted, or if said person was in the process of committing or attempting to commit a crime. If the trespass is deemed to be of an innocent nature, the court may, depending on the circumstances, still find the dog to be dangerous.
(b) 
No dog may be declared dangerous if used by law enforcement officials for law enforcement work.
B. 
Seizure of potentially dangerous dogs. An Animal Control Officer who has probable cause to believe that a dog is vicious, as defined by this article, shall immediately take possession of the dog and shall impound said dog and notify the owner of said impoundment, if notification does not take place at the time of seizure. The owner of such dog may request the City Court to conduct a hearing within five days of the notification of said impoundment to determine if the dog shall be deemed dangerous. If no such hearing is requested within five days of the notification of the dog's impoundment, the dog shall become the property of the City of Oswego. If the dog is licensed within the City of Oswego at the time of seizure, the owner shall be given nine days to request such hearing before the dog becomes the property of the City of Oswego, as required by New York State Law. If no owner can be located, the dog will be held for five days as required by New York State Law and then will become the property of the City of Oswego.
C. 
Return of a dangerous dog to the owner. If the dog is found dangerous as defined by this article, it is at the discretion of the court to return the dog to the owner upon satisfaction of the following conditions:
(1) 
The owner pays a fine of $1,000 to the City of Oswego.
(2) 
The owner obtains a general liability insurance policy for $100,000 for any injuries the dog may cause, listing the City of Oswego as named additional insured for the purpose of receiving notification of termination. It shall be the duty of the dog owner to maintain said insurance policy in force for the life of the dog unless the owner relocates outside of the City of Oswego or the dog is surrendered to the City of Oswego.
(3) 
The owner shall obtain a bright-colored collar that reads "DANGEROUS DOG" that shall remain on the dog at all times.
(4) 
The owner shall display a "Dangerous Dog" sign in the front of the property that can be viewed from the public sidewalk or street.
(5) 
If the dog is kept outside without a leash, it must be kept in an enclosure at least six feet in height creating an enclosed area that cannot be breached by children or other animals and which said dog cannot escape. Said enclosure must be closed and locked at all times when the dog is placed inside. In addition to minimum six-foot sides, said enclosure shall have a top and bottom to prevent the dog from climbing over or digging out of the enclosure. If no bottom exists, the sides must be imbedded in the ground no less than one foot (12 inches deep). If the dog has demonstrated ability or intent to escape such enclosure, said dog must also be tethered inside the pen. Any enclosure must be inspected and approved by the Animal Control Officer.
(6) 
The owner shall obtain a leash no longer than four feet in length and will walk the dog on said leash at any time the dog is outside its enclosure or house.
(7) 
The owner shall obtain a metal basket muzzle for the dog. The basket muzzle must be approved by the Animal Control Officer and must be worn by the dog at any time the dog is outside its fenced enclosure or house, including while being moved to and from the fenced enclosure and the house.
(8) 
The dog shall not be left in the care or under the control of anyone under the age of 18 or anyone who is physically unable to restrain the dog.
(9) 
The dog shall be implanted with a microchip at the owner's expense. Said microchip must be registered in the owner's name, and the registration must be kept current for the life of the dog.
(10) 
The dog shall be licensed in the City of Oswego, and such license must be renewed prior to the expiration for the life of the dog unless the dog is relocated outside the City of Oswego or the dog is surrendered to the City of Oswego.
(11) 
The dog shall be spayed or neutered at the owner's expense.
(12) 
The dog shall not be returned to any owner under the age of 18.
(13) 
The dog shall remain in the custody of the owner named at the time of the dangerous declaration and shall not be re-homed to any other party for any reason. In the event that the owner can no longer care for said dog, the owner shall either have the dog euthanized by a licensed veterinarian at the owner's expense or relinquish the dog to the City of Oswego Animal Shelter along with a surrender fee of $100, as well as any impoundment fees or fees due to the court at the time of relinquishment.
D. 
Violations. If the Animal Control Officer has probable cause to believe that a dangerous dog is being possessed in violation of this article, the officer shall immediately take custody of the dog and said dog shall be impounded at the Oswego Animal Shelter until this article has been complied with and all fees have been paid.
(1) 
Seizure fees:
(a) 
First seizure: $30.
(b) 
Second seizure: $50.
(c) 
Third seizure: $60.
(2) 
Impoundment fee: $30 per day.
(3) 
Violation fees:
(a) 
First violation: $1,000 plus any seizure fees, impoundment fees, veterinary fees, or damages incurred due to the violation.
(b) 
Second violation: $1,500 plus any seizure fees, impoundment fees, veterinary fees, or damages incurred due to the violation. If an attack or bite occurred during said violation, the court shall order that the dog be destroyed.
(c) 
Third violation: $2,000 plus any seizure fees, impoundment fees, veterinary fees, or damages incurred due to the violation. If an attack or bite occurred during said violation, the court shall order that the dog be surrendered to the City of Oswego and be destroyed at the owner's expense.
E. 
Provisions supplemental to state law. The provisions of this article shall not supersede but rather shall be supplementary to the provisions of law contained in Article 7 (§ 106) of the New York State Department of Agriculture and Markets Law and any other applicable ordinance, rule or regulation and successor laws, ordinances, rules and regulations.
A. 
No owner shall fail to provide his animal with sufficient good and wholesome water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment.
B. 
No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse an animal or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.
C. 
No owner of an animal shall abandon such animal.
D. 
Chickens or ducklings younger than eight months of age may not be sold in quantities of less than 25 to a single purchaser.
E. 
No person shall give away any live animal, fish, reptile or bird as an inducement to enter any contest, game or other competition or an inducement to enter a place of amusement or offer such vertebrate as an incentive to enter any business agreement whereby the offer was for the purpose of attracting trade.
F. 
Any person who, as the operator of a motor vehicle, strikes a domestic animal or cat shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner. In the event that the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency.
G. 
No owner or person having the care of any domestic fowls or any goats, sheep, swine, horses, oxen, cows or other grazing animal shall permit or suffer the same or any of them to go at large or to graze on any street, public ground, park or square of this City.
H. 
No person, association or corporation shall possess, keep or harbor any swine or geese within the corporate limits of the City of Oswego, except when the lands whereon they are harbored are assessed as farming lands on the general City tax rolls.
A. 
No person shall at any time fasten any animal so that the reins, lines or other fastening shall be an obstacle to the free use of any sidewalk or crosswalk; nor shall any person fasten any animal to any ornamental or shade tree in any of the streets of this City or to any box or case around such tree or in any manner tether any animal in a park, square or public ground in this City.
B. 
No person at any time shall fasten or keep any unattended animal in front of a building or residence where they may present a danger to persons trying to approach said building or residence.
A. 
No person shall unjustifiably administer any poisonous or noxious drug or substance to a horse, mule or domestic cattle, nor shall any person unjustifiably expose such drug or substance to any animals with the intent that such drug be taken by a horse, mule or domestic cattle. Violation of this subsection shall constitute a felony in accordance with Article 26, § 360, of the State Agriculture and Markets Law.
B. 
No person shall unjustifiably administer any poisonous or noxious drug or substance to any animal not covered in Subsection A, nor shall any person unjustifiably expose such animals to any drug or substance with the intent that such drug be taken by such animals. Violation of this subsection shall constitute a misdemeanor in accordance with Article 26, § 360 of the State Agriculture and Markets Law.
C. 
No person shall willfully or unjustifiably interfere with, injure, destroy or tamper with or willfully set on foot, instigate, engage in or in any way further any act by which any animal used for the purpose of breeding, racing or competitive exhibition of skill, breed or stamina is impaired.
D. 
No person shall willfully throw, drop or place or cause to be thrown, dropped or placed any substance which might wound, disable or injure any animal. Violation of this subsection constitutes a misdemeanor in accordance with Article 26, § 362 of the State Agriculture and Markets Law.
A. 
No person shall remove or cause to be removed any collar or license tag from any dog, except with the owner's permission.
B. 
No person shall entice, seize or molest any animal while it is being held or led by any person or while properly muzzled or wearing a license tag, except where such action is incidental to the enforcement of some law or regulation.
C. 
No person shall transport any animal not lawfully in his possession for the purpose of killing or selling such animal, nor shall any person remove any animal not lawfully in his possession from the City without first notifying the Animal Control Officer.
D. 
Any person convicted of violating any of the provisions of this section shall be punished by a fine not to exceed $200 or by imprisonment not to exceed six months, or both.
The owner of every animal shall be responsible for the immediate cleanup of any animal excreta deposited by such animal on public property or on private property other than that of the owner and shall be required to clean up within 24 hours any excreta deposited by such animal on the owner's property.
Any officer authorized by law to make arrests may lawfully take possession of any animals or implements or other property used or employed or about to be used or employed in violation of any provision of law relating to fights among animals. The disposition of animals or implements used in such fights shall be carried out in accordance with § 375 and § 376 of the State Agriculture and Markets Law.
A. 
Any person violating any provision of this article shall be issued an appearance ticket for such violation, either in person or via certified mail. The appearance ticket shall be in the form set forth at the end of this section. An answer to such appearance ticket shall be made within five days of the violation by registered or certified mail, return receipt requested, in lieu of a personal appearance upon the date and at the time and court specified in the appearance ticket in accordance with the provisions of § 124 of the State Agriculture and Markets Law.
B. 
Any person who violates this article or knowingly permits the violation of this article or any of the provisions thereof shall be deemed to have committed an offense against this article, and any person convicted of any such violation, unless otherwise noted, shall be liable to a penalty of not less than $100 for the first offense, $150 for the second offense and $200 for the third offense, except as where otherwise provided herein.
As used in this article, the following terms shall have the meanings indicated:
DEAD ANIMAL
All dead animals, fish and fowl, skinned or unskinned, which may have died from disease, accident or any causes other than slaughter for use as food.
It shall be unlawful for any person to deposit, place or throw or cause to be deposited, placed or thrown any dead or fatally sick or injured animal or part thereof in any street, alley or other public place or into or on the banks of any river, stream, lake, pond, sewer, well or other body of water.
It shall be unlawful for any person to carry or convey or cause to be carried or conveyed any dead animal through or upon any of the streets, alleys or public places of the City in the daytime unless the same is so conveyed that no part of it is exposed to view and no odors can emanate therefrom.
A. 
It shall be unlawful for any person to allow any dead animal which he owned or had control of to remain in any street, alley or other public place or on the premises of any person in the City for more than one hour after notification thereof.
B. 
Should any animal die in any street, alley or other public place or on the premises of any person who owned or had possession or control of such animal prior to its death, such person shall remove or cause the same to be removed within one hour after notification of the death of such animal and have the same desiccated or cremated or disposed of in some sanitary way approved by the Animal Control Officer.
It shall be the duty of the owner, possessor or all persons having knowledge of any dead animal in the City to report the same to the Animal Control Officer, giving the name of the person who owned or had possession or control of such animal prior to its death, if known, and the place where the same may be found, and it shall be the duty of the Animal Control Officer forthwith to notify the person who owned or had possession or control of such animal to cause the same to be removed and desiccated or cremated or disposed of in some other manner as provided for in this article.
If the person who owned or had possession of such animal prior to its death fails to remove such dead animal within the time specified, the same shall be removed and destroyed by the Animal Control Officer at the expense of the person whose duty it is under this article to have the same removed.
A violation of any provision of this article shall constitute an offense and shall be punishable by a fine of not less than $100 for the first offense and not less than $200 for the second and subsequent offense, together with the cost to the City of Oswego for transportation and disposal of the dead animal.
This chapter shall become effective immediately upon filing with the Secretary of State.