[Adopted 5-4-1971 by Ord. No. 47-1971; amended in its entirety 3-28-2017 by L.L. No. 3-2017]
Editor's Note: This article, formerly Control of Dogs, was renamed 3-22-2005 by Ord. No. 6-2005, which ordinance also added provisions regarding control of cats.
It shall be unlawful for any owner of or any person harboring any dog in the City of Cohoes to permit or allow such dog:
Except for a service animal as defined under the Americans with Disabilities Act where collars and leashes interfere with the service animal's work or an individual's disability prevents using such devices, to run at large without being restrained by an adequate collar and leash at all times.
[Amended 4-25-2017 by Ord. No. 1-2017]
To 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.
To 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.
To engage in habitual loud howling or barking or to conduct itself in such a manner so as to habitually annoy any person other than the owner or person harboring such dog.
To habitually chase or bark at motor vehicles.
To be at any City of Cohoes special event or festival or any other special event held in a City park.
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period.
Any unlicensed or untagged dog, or any licensed dog not in the control of its owner or custodian or not on the premises of its owner or custodian, where there is probable cause to believe the dog is dangerous or vicious, or any dog which poses an immediate threat to public safety, in violation of § 118 of the Agriculture and Markets Law, shall be seized, and such dog shall be properly fed and cared for until disposed of as provided by said § 118 of the Agriculture and Markets Law. Promptly upon the seizure of any dog, the Animal Control Officer shall commence a proceeding pursuant to § 121 of the Agriculture and Markets Law or pursuant to this chapter. Where a dog is unlicensed, but on the premises of its owner or custodian or in the control of its owner or custodian, the Animal Control Officer may, in his discretion, issue an appearance ticket in lieu of seizure.
Any person claiming an impounded dog must show proof that the dog has been licensed and must pay impoundment fees to the City in order to redeem the dog as follows: $100 for the first impoundment of any dog owned by that person, and $275 for the second and subsequent impoundments. Any dog seized pursuant to § 2140 of the New York State Public Health Law shall require an additional $30 in order to redeem the dog. Any dog seized, pursuant to Article II of this chapter, as a vicious dog, or pursuant to § 121 of the New York State Agriculture and Markets Law as a dangerous dog, or pursuant to Article 26 of the New York State Agriculture and Markets Law as an abandoned or mistreated animal shall require an additional $50 in order to redeem the dog. An owner shall be charged a fee of $100 for any dog surrendered to the City for euthanasia and cremation. An owner shall be charged a fee of $65 for any deceased dog surrendered to the City for cremation.
The local fee for a dog license in the City of Cohoes shall be $10, which shall be in addition to any fee charged by New York State. The local fee shall be waived for persons age 65 or older when purchasing a license for a dog that they own.
No person or persons shall own, harbor, or keep more than three dogs and/or cats, that number being the total combined amount of dogs and/or cats, which are more than four months of age, in any premises, household, or dwelling unit within the City of Cohoes. This section shall not apply to any licensed breeder, pet shop, veterinary hospital or kennel.
Dogs or cats living in a household or dwelling unit on the date of adoption of this section shall be exempt to the extent that a maximum of five total combined dogs and/or cats may continue to be owned, harbored, or kept in that household, but only if said dogs are licensed with the City of Cohoes within 45 days of said adoption, and said cats are vaccinated for rabies within 45 days of said adoption, and the owner contacts the Cohoes Animal Control Officer within 45 days of said adoption to apply for the exemption.
An Animal Control Officer shall be designated by the Commissioner of Public Safety as provided in § 115 of the Agriculture and Markets Law, who may enforce the provisions of this article and may also investigate and report to the City Court Judge of the City of Cohoes any dangerous dog as described in § 121 of the Agriculture and Markets Law and to see that order or orders of the City Court Judge in such case are carried out.
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 Court Judge of the City of Cohoes, specifying the objectionable conduct of the dog and name and residence, if known, of the owner or other person harboring the dog.
Upon receipt by the City Court Judge of any complaint against the conduct of any particular dog, the City Court Judge may summon the alleged owner or other person harboring said dog to appear in person before him; if the summons is disregarded, the Judge may permit the filing of an information and issue a warrant for the arrest of such person.
Except as otherwise provided in Article 7 of the New York State Agriculture and Markets Law, a violation of this article shall be deemed an offense, and any person convicted of violation after investigation and hearing shall be liable to a fine of not more than $250 or 15 days in jail, or both. Community service may be imposed in the alternative.
Nothing in this article shall preclude or prevent prosecution pursuant to the New York State Agriculture and Markets Law, or any other general law or the imposition of penalties pursuant thereto.
Disposition of the civil penalties collected hereunder shall be used only for the controlling of dogs and enforcing this article or any other rule or regulation adopted pursuant to the Agriculture and Markets Law, all as set forth in § 120 of such law.
Every Animal Control Officer shall have the power to issue an appearance ticket pursuant to § 150.20 of the Criminal Procedure Law, to serve a summons and to serve and execute any other order or process in the execution of the provisions of this article. In addition, any Animal/Dog Control Officer, any peace officer, or any Code Enforcement Officer when acting pursuant to his/her special duties, or police officer who is authorized by a municipality to assist in the enforcement of this article may serve any process, including an appearance ticket, a uniform appearance ticket and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature, undertaken in accord with the provisions of this article.