A.
This article shall apply to all areas of the City of Ithaca.
B.
In the event that any dog owned by a nonresident of the City of Ithaca
is harbored within the City for a period of 30 days or less, such
dog shall be exempt from the identification and licensing provisions
of this article, provided such dog is licensed pursuant to the provisions
of law of the area of residence.
As used in this article, the following words shall have the
meanings indicated:
The delivery to any person 18 years of age or older, for
the limited purpose of harboring a pet, of any dog, seized or surrendered.
A dog that has been spayed or neutered.
A dog not under control of the owner and off the premises
of the owner.
Any dog which:
Without justification attacks a person or domestic animal, as
defined in this chapter, and causes physical injury or death; or
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons or domestic animal, or without
justification attacks a working dog and causes physical injury or
death.
The term "dangerous dog" does not include a police work dog,
while being used to assist one or more law enforcement officers in
the performance of their official duties.
Any member of the species canis familiaris.
Any individual appointed by the City to assist in the enforcement
of this article or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective
association under contract with the City to assist in the enforcement
of this article.
To provide food or shelter to any dog.
A tag issued by the City of Ithaca which sets forth an identification
number, together with the name of the municipality, the State of New
York, contact information, including telephone number for the municipality,
and such other information as the licensing municipality deems appropriate.
If the dog is licensed, the owner is considered the person
who purchased the dog license or in whose name the dog was last licensed.
If a dog is not licensed, the term "owner" shall designate and cover
any person who has custody or control of, harbors, or is otherwise
responsible for any animal which is kept, brought or comes within
the City limits. Any person owning or harboring a dog for a period
of one week prior to the filing of any complaint charging a violation
of this article shall be held and deemed to be the owner of such dog
for the purpose of this article. In the event any dog found to be
in violation of this article shall be owned by a minor (under 18 years
of age), the head of the household in which said minor resides shall
be deemed to have custody and control of said dog and shall be responsible
for any acts of said dog and violation of this article.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
Any dog that is not spayed or neutered.
Any dog that is trained as a guide dog, hearing dog, police
work dog, service dog, therapy dog, war dog or working search dog
as defined by Article 7 of the New York State Agriculture and Markets
Law.
A.
Except as otherwise set forth in this section, any owner of a dog
or any other person who harbors any dog in the City of Ithaca shall
be in violation of this article if such dog:
(1)
Is not restrained by an adequate collar and leash when not on the
property of the owner or any other person harboring or having custody
or control of the dog.
(2)
Engages in unreasonable howling and/or barking or other noise, audible
beyond the property line of the property where the dog is harbored,
that disturbs or annoys any person of reasonable sensitivities other
than the person owning or harboring such dog. Unreasonable howling
or barking or other noise shall include, but not be limited to, the
following:
(a)
Howling, barking or other noise made by a dog and continuing
for more than three cumulative minutes in any sixty-minute period;
or
(b)
Howling, barking or other noise made by a dog which is determined
to be unreasonable, taking into account the following factors:
[1]
The proximity of the noise to residential property.
[2]
The time of the day or night when the noise occurs.
[3]
The time duration of the noise.
[4]
Whether the noise is repetitive.
[5]
The volume of the noise.
[6]
The existence of complaints concerning the noise from persons
living or working in the vicinity of the noise and who are affected
by it.
[7]
Malicious provocation resulting from such activity as trespass,
vandalism or badgering.
(3)
Causes damage or destruction to public or private property or defecates
(unless the solid waste is promptly picked up and removed by the owner
or other person responsible for the dog) or otherwise commits a nuisance
on public or private property other than on the property of the person
owning or harboring such dog. This provision shall not apply for a
service animal for people with disabilities in performance of its
trained duties.
(4)
Chases or otherwise harasses any person in such manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury when not on the property of the person owning
or harboring such dog.
(6)
Is unlicensed when four months of age or older or unlicensed due
to failure to renew a dog license.
(7)
Is not wearing a current and valid dog license identification tag
while at large, whether or not restrained by an adequate collar and
leash.
(8)
Is not redeemed within five days after the owner has been notified,
either personally or by mail, that said dog has been seized and impounded
pursuant to the Agriculture and Markets Law § 118.
(9)
Harasses, attacks, annoys or otherwise interferes with a service
animal for people with disabilities which provides assistance for
mobility and other major life functions to people with disabilities.
B.
Exemption. Effective as of January 1, 2009, Subsection A(1) above shall not apply to owners whose dogs are off leash in the fenced portion of the area owned by the City (and managed by New York State pursuant to an agreement between the City and the state) and known as the "Festival Lands," which lands are adjacent to Allan H. Treman State Marine Park and which are shown as Parcel B on a survey map of Cass Park dated August 15, 2001, by T.G. Miller, PC (which fenced area subject to this exemption may extend onto immediately adjacent state parklands), provided that such owners are in compliance with all rules and regulations duly established for such off-leash area.
All peace officers in the City, the Tompkins County Society
for the Prevention of Cruelty to Animals and its employees, pursuant
to contract with the City, and all employees of any Dog Control Officer
appointed by the Common Council shall administer and enforce the provisions
of this article and for such purpose shall have the authority to issue
appearance tickets pursuant to Article 150 of the Criminal Procedure
Law. Appearance tickets may require payment by mail of a designated
fine or appearance in Ithaca City Court and shall be in such form
as may be prescribed by the Judge of the Ithaca City Court. In assessing
penalty, the Judge of the Ithaca City Court may take into account
the status, upon proper documentation or other supporting evidence,
of an attacked animal as a service animal for people with disabilities
which provides assistance in mobility, and other major life functions,
to people with disabilities.
Any person who observes a dog causing damage or destruction
to property of a person other than its owner or committing a nuisance
upon the premises of a person other than its owner may file a signed
complaint, under oath, with the City Judge of the City of Ithaca,
specifying the objectionable conduct of the dog, the date thereof,
the damage caused, a description of the dog and the name and residence,
if known, of the owner or other person harboring said dog.
Upon receipt by the City Judge of any complaint against the
conduct of any particular dog, the City Judge may summon the alleged
owner or other person harboring said dog to appear in person before
him/her. If the summons is disregarded, the City Judge may permit
the filing of an information and issue a warrant for the arrest of
such person.
In the event that any dog found to be in violation of this article
is owned by a person under 18 years of age, the head of the household
in which said person resides shall be deemed to be the owner or person
harboring such dog and responsible for the acts of said dog for purposes
of this article.
The fact that a dog is at large in the City of Ithaca elsewhere than on the premises of the owner or person harboring such dog or in the area described in § 164-7B above, shall be presumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or person harboring the dog.
All dogs being harbored in New York State are required to be
licensed pursuant to Article 7 of the New York State Agriculture and
Markets Law.
A.
Application for original license.
(1)
The owner of any dog reaching the age of four months shall immediately
make application to the City Clerk for a dog license on a form provided
by the City Clerk's Office. No license shall be required for
any dog which is under the age of four months and which is not at
large, or any dog that is residing in a pound or shelter maintained
by or under contract or agreement with the state or any county, city
or village, duly incorporated society for the prevention of cruelty
to animals, duly incorporated humane society or duly incorporated
dog protective association.
(2)
In the case of a dog being redeemed or a dog being adopted from a
shelter or pound, the City Clerk and the manager of the facility shall
establish a licensing procedure that is agreeable and beneficial to
both the City of Ithaca and the shelter or pound.
B.
Rabies vaccination required. All applications for a dog license shall
be accompanied by a valid rabies certificate signed by a licensed
veterinarian. Such certificate or affidavit shall not be required
if the same is already on file with the clerk or, in lieu thereof,
a statement certified by a licensed veterinarian stating that the
dog is too young to be vaccinated or because of old age or another
reason, or if the life of the dog would be endangered by the administration
of vaccine. In the case of a dog being redeemed or adopted from a
shelter, copies of all documentation shall be forwarded to the City
Clerk. Such records shall be kept on file by the City Clerk and be
made available upon request for rabies and other animal disease control
efforts.
C.
Spay/neuter certificates. In the case of an altered dog, every application
shall also be accompanied by a certificate signed by a licensed veterinarian
or an affidavit signed by the owner, showing that the dog has been
spayed or neutered. In lieu of the spay or neuter certificate, an
owner may present a statement certified by a licensed veterinarian
stating that he has examined the dog and found that because of old
age or other reason, the life of the dog would be endangered by spaying
or neutering. In such case, the license fee for the dog shall be the
same as for a spayed or neutered dog.
D.
License. Upon receiving a complete application, the required documents
and the fee, the City Clerk shall issue a license and identification
tag.
E.
Expiration of license. An original license shall be issued for a
period of one year and shall expire on the last day of the month of
the period for which it was issued.
F.
License renewal.
(1)
The City Clerk will mail the license renewal to the dog owner prior
to the license's month of expiration.
(2)
A new rabies certificate shall be required if the one on record has
either expired or will expire within 30 days of the date of renewal.
(3)
A spay/neuter certificate shall not be required if one is already
on file with the City Clerk. In a case where the dog has been altered
during the preceding year, the certificate shall be presented to the
City Clerk in order to receive the reduced fee for an altered dog.
(4)
Renewing licenses early or late will not change the renewal month.
However, owners having more than one dog may request common renewal
dates for their licenses which may be granted at the discretion of
the City Clerk, provided that all other licensing and renewal requirements
are met. Licensing fees will not be prorated, refunded, or waived
when accommodating such a request.
(5)
Upon renewal, the City Clerk shall provide the owner with a validated
license, which license is valid for a period of one year and which
shall expire on the last day of the month of the period for which
it was issued.
G.
License fees.
(1)
All applications for original licenses or renewals shall be accompanied
by a fee established by the City of Ithaca Common Council. The total
fee for an unaltered dog shall be at least $5 more than the total
fee for an altered dog.
(2)
All revenue derived from such fees shall be used for controlling
dogs, enforcing this article and Article 7 of New York State Agriculture
and Markets Law, and to subsidize education programs and the spaying
or neutering of dogs.
(3)
License fees are not refundable or partially refundable in the event
that a dog is lost, stolen, sold, given away, surrendered or deceased
before the expiration of the license.
(4)
An additional fee of $5 shall be charged for all dogs that are identified
as unlicensed during an enumeration. Such additional fee shall be
used to pay the expenses incurred while conducting the enumeration.
(5)
An assessment of $3 for each unaltered dog and $1 for each altered
dog shall be collected for the purpose of carrying out population
control efforts as mandated by Article 7 of New York State Agriculture
and Markets Law. Money derived from such assessment may be used to
subsidize the spaying and neutering of cats as well as dogs pursuant
to Article 7 of New York State Agriculture and Markets Law. This assessment
is included in the license fee determined by Common Council.
H.
Identification of dogs.
(1)
When a dog is originally licensed, a City of Ithaca identification
number will be assigned, and an identification tag shall be issued,
which shall be worn by the dog at all times.
(2)
No identification tag shall be affixed to the collar of any dog other
than the one to which it was assigned.
(3)
Working dogs shall be assigned a special tag for identifying the
designation of such dog in addition to the City of Ithaca identification
tag. Both tags shall be worn by the dog at all times.
(4)
Lost tags shall be replaced at the expense of the owner at a fee
set by the City of Ithaca Common Council.
I.
Change of address/change of ownership.
(1)
When there is a change of address for the owner of record, the owner
shall notify the City Clerk's Office of such change.
(2)
In the event of a change in the ownership of any dog licensed in
the City of Ithaca, the new owner shall immediately make application
for a license for such dog. Additionally, the original owner of record
shall notify the City Clerk's Office of the change of ownership.
Such original owner of record shall be liable for any violation under
this article until such filing is made or until the dog is licensed
in the name of the new owner.
(3)
If any dog which has been licensed in the City of Ithaca is lost,
stolen or deceased, the owner of record shall notify the City Clerk's
Office within 10 days of the discovery of such loss, theft or death.
J.
Purebred licenses.
(1)
The owner of two or more purebred dogs registered by a nationally
recognized registry association may make an application to the City
Clerk for a purebred license in lieu of the individual licenses.
(2)
At the time of application, the City Clerk shall assign a purebred
license identification number.
(3)
Application for a purebred license shall be on a form provided by
the City Clerk and shall include rabies vaccination certification
for every dog listed on the license. Copies of registry papers for
every dog or a comprehensive list of registry numbers and associations
shall be required. All dogs over four months of age must be listed
and included in the purebred license.
(4)
Purebred licenses shall be issued for one year and renewed annually.
(5)
All applications for and renewals of purebred licenses shall be accompanied
by a fee as set by the City of Ithaca Common Council. An assessment
of $3 for each unaltered dog and $1 for each altered dog, for the
purpose of carrying out population control efforts as mandated by
Article 7 of New York State Agriculture and Markets Law, is included
in the license fee determined by Common Council. No fee or portion
thereof shall be refundable once the license is issued.
(6)
No purebred license is transferable. Upon change of ownership of
any dog licensed under a purebred license, the new owner shall immediately
make application for a license, except when the new owner holds a
valid purebred license and adds the dog to such purebred license.
(7)
Identification tags may be requested by a holder of a purebred license.
All purebred tags shall include the identification number assigned
to the purebred license and the cost shall be paid by the owner at
a fee set by the City of Ithaca Common Council.
All premises occupied by dogs shall be kept in a clean, sanitary
condition. Adequate food, water, shelter and space must be provided
for each dog owned. For the purpose of this section, "adequate" shall
mean sufficient for age, size and number of dogs on the premises.
A.
If a domestic or companion animal is injured or killed as a result
of being attacked, chased or worried by any dog, the owner of said
dog shall be liable for damage. The owner of such injured or killed
animal may make a complaint to the Dog Control Officer or a police
officer who shall proceed pursuant to the Dangerous Dog Section of
Article 7 of New York State Agriculture and Markets Law.
B.
In no event shall the City of Ithaca be held liable for any damage
done by any dog.
All police officers in the City, the Tompkins County Society
for the Prevention of Cruelty to Animals and its employees, pursuant
to contract with the City, and all employees of any Dog Control Officer
appointed by the Common Council shall administer and enforce the provisions
of this article and for such purpose shall have the authority to issue
appearance tickets.
A.
Any dog belonging to a person found in violation of any of the provisions
of this article may be seized pursuant to the provisions of New York
State Agriculture and Markets Law.
B.
Any dog believed to be dangerous and which poses an immediate threat
to the public safety may be seized.
C.
Any dog may be seized which has been judged to be a dangerous dog
pursuant to New York State Agriculture and Markets Law and whose owner
has failed to obey an Ithaca City Court order pertaining to said dangerous
dog.
D.
Every impounded dog shall be properly cared for, sheltered, fed and
watered.
E.
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. Said owner shall provide
proof that the dog has been licensed pursuant to this article and
pay an impoundment fee established by the City of Ithaca Common Council.
F.
In the case of an identified dog, the owner of record shall be promptly
notified by the Dog Control Officer of the seizure and the procedure
for redemption either personally or by certified, return-receipt-requested
mail. If notification is personally given, the dog shall be held for
a period of seven days after the day of notice, during which period
the dog may be redeemed by the owner. If such notification is made
by mail, the dog shall be held for a period of nine days from the
date of mailing, during which period the dog may be redeemed by the
owner. Said owner shall provide proof that the dog has been licensed
pursuant to this article and pay an impoundment fee established by
resolution of the City of Ithaca Common Council.
G.
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provision of New York State Agriculture and Markets Law.
H.
If the owner of any unredeemed dog is known, such owner shall be
required to pay the impoundment fees.
I.
The seizure of any dog shall not relieve any person from any violation
of this article or New York State Agriculture and Markets Law.
A.
Any person who observes a dog in violation of this article may file
a complaint, under oath, with a City-designated Dog Control Officer
or agency specifying the nature of the violation, the date thereof,
a description of the dog, the location of the violation and the name
and residence, if known, of the owner of such dog. Such complaint
may serve as the basis for enforcing the provisions of this article.
B.
Upon receipt by the City-designated Dog Control Officer or agency
of any such complaint, that Officer or agency shall issue an appearance
ticket to the alleged owner of the dog to appear before the Ithaca
City Court at a date and time specified.
Except as provided in the Agriculture and Markets Law, a violation of this article constitutes a civil offense punishable in accordance with § 1-1 of the City of Ithaca Municipal Code. These penalties shall be in addition to any other penalties provided by law.
Notwithstanding any other provision of law, all moneys collected
as fines or penalties by any municipality as a result of any prosecution
for violations of the provisions of this article or Article 7 of the
New York State Agriculture and Markets Law and all bail forfeitures
by persons charged with such violations shall be the property of the
municipality and shall be paid to the financial officer of such municipality.
Such moneys shall be used only for controlling dogs and enforcing
this article. Said revenue may also be used to subsidize the spaying
or neutering of dogs, any facility as authorized under Article 7 of
the New York State Agriculture and Markets Law, and subsidizing public
humane education programs in responsible dog ownership.
