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.
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.
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.
Service dogs as described in §
63-1 shall be exempt from the license fee. Valid documentation must be presented.
[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.
(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.
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.