City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Rochester City Council 4-23-1968 by Ord. No. 68-114. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 30.
This chapter shall be known as "Dog Control."
As used in this chapter, the following terms shall have the meanings indicated:
AT LARGE
Unleashed dog off the premises of the owner.
COMPANION ANIMAL
Any animal as defined in § 350, Subdivision 5, of the Agriculture and Markets Law.
[Added 7-19-2011 by Ord. No. 2011-264[1]]
DANGEROUS DOG
In addition to dogs which attack a person or attack, chase or worry a domestic animal as provided for in § 123 of the Agriculture and Markets Law, dangerous dogs shall include:
[Added 8-11-1998 by Ord. No. 98-341; amended 1-16-2001 by Ord. No. 2001-39; 12-19-2006 by Ord. No. 2006-390; 7-19-2011 by Ord. No. 2011-264[2]]
A. 
Any dog which chases or worries any person so as to put that person in reasonable fear of immediate bodily harm, provided that such person is peaceably conducting himself or herself in a place where he or she may lawfully be;
B. 
Any dog that presents a risk of physical injury or death to human being, or would constitute a danger to human life, physical well-being or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties.
(1) 
The term "dangerous dog" includes any dog that according to the records of either the City Animal Services Center, the Humane Society or any law enforcement agency:
(a) 
Has, without justification, bitten, attacked, endangered or inflicted physical injury on a human being on public or private property or, when unprovoked, has chased or menaced a person upon the street, sidewalk or any public grounds, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any of the above-referenced authorities;
(b) 
Has, more than once and without justification, severely injured or killed a domestic animal while off the owner's property; or
(c) 
Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
(2) 
A dog's actions shall be considered justified if such actions were inflicted upon a person who was committing, at the time, a crime upon the premises occupied by the dog's owner or custodian; or committing, at the time, a willful trespass or other tort upon the premises occupied by the dog's owner or custodian; or provoking, tormenting or physically abusing the dog. A dog's actions shall be considered justified if such actions were inflicted upon an animal that initiated an attack upon it.
C. 
Any dog whose larynx has been removed or whose bark or growl has been altered or muffled to prevent persons from being alerted to the presence of said dog, under circumstances where the dog is providing protection or security, or so as to put a person in reasonable fear of his or her safety; or
D. 
Any dog providing protection or security at a premises at which illegal activities are occurring.
E. 
Any dog which has, without justification as set forth in Subsection B(2) above, severely injured or killed another dog while off its owner's property.
DOG CONTROL OFFICER
A person or persons appointed by the City or provided through a contract between the City and a humane society for the purpose of assisting with the control of dogs and enforcing dog control provisions.
[Amended 6-23-1981 by Ord. No. 81-240]
DOGS
Both male and female dogs, except where the context requires otherwise.
DOMESTIC ANIMAL
Any animal as defined in § 108, Subdivision 7, of the Agriculture and Markets Law.
[Added 7-19-2011 by Ord. No. 2011-264[3]]
DWELLING UNIT
As defined in § 120-208 of the Zoning Code.
[Added 12-8-1992 by Ord. No. 92-418; amended 11-19-2002 by Ord. No. 2002-354]
FARM ANIMAL
Any animal as defined in § 350, Subdivision 4, of the Agriculture and Markets Law.
[Added 7-19-2011 by Ord. No. 2011-264[4]]
GUARD DOG
A dog trained and harbored to provide security against intrusion onto a premises.
[Added 12-8-1992 by Ord. No. 92-418]
KENNEL
As defined in § 120-208 of the Zoning Code.
[Added 12-8-1992 by Ord. No. 92-418; amended 11-19-2002 by Ord. No. 2002-354]
LEASHED or RESTRAINED BY A LEASH
That the dog is equipped with a collar or harness to which is attached a leash, both collar or harness and the leash to be of sufficient strength to restrain the dog, and which leash shall be held by a person having the ability to control and restrain the dog by means of the collar or harness and the leash.
OWNER
Includes any person who owns, keeps, harbors or has the care, custody or control of a dog. Dogs 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.
PHYSICAL INJURY
Impairment of physical condition or substantial pain.
[Added 1-16-2001 by Ord. No. 2001-39]
PREMISES
As defined in § 120-208 of the Zoning Code.
[Added 12-8-1992 by Ord. No. 92-418; amended 11-19-2002 by Ord. No. 2002-354]
SERIOUS PHYSICAL INJURY
Physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
[Added 1-16-2001 by Ord. No. 2001-39]
STERILIZATION
Rendering a dog that is at least eight weeks of age unable to reproduce by surgically altering the dog’s reproductive organs. Such definition shall include the spaying of a female dog and the neutering of a male dog.
[Added 12-19-2006 by Ord. No. 2006-390]
[1]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
[2]
Editor’s Note: This ordinance provided an effective date of 9-1-2011.
[3]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
[4]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
[Amended 11-16-2010 by Ord. No. 2010-380[1]]
The purpose and intent of this chapter shall be to preserve the public peace and good order of the City of Rochester and to contribute to the public welfare and the preservation and protection of the property and the person of the inhabitants of said City by declaring and enforcing certain regulations and restrictions on activities of dogs and owners of dogs within the City. This Chapter provides for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property and other animals from dog attacks and damage.
[1]
Editor’s Note: This ordinance provided an effective date of 1-1-2011.
[Amended 12-8-1992 by Ord. No. 92-418]
All dogs in the City of Rochester are hereby required to be restrained by a leash while off the owner's premises, whether such dogs are or are not tagged or licensed; provided, however, that dogs are permitted to be unleashed while off the owner's premises when on the premises of another person with such other person's consent; and no person who owns, keeps, harbors or has the care, custody or control of any dog in the City of Rochester shall permit such dog to be at large or unleashed in said City except as permitted by this chapter. Whenever a dog is outside the owner's house on the owner's premises or on the premises of another with that person's consent, such dog must be under the control of the owner, on a leash or in a fenced area so that said dog cannot leave the premises. A leash shall not extend beyond the premises onto other premises without that property owner's consent or onto public property, or the dog will be considered unleashed.
[Amended 8-11-1998 by Ord. No. 98-341]
A. 
No person shall keep or harbor a dog which howls or barks in violation of this section.
(1) 
It shall constitute a violation of this section if the howling or barking occurs continually and is audible beyond the property line of the premises on which the dog is located:
(a) 
For more than five minutes between the hours of 10:00 p.m. and 8:00 a.m.;
(b) 
For more than 15 minutes between the hours of 8:00 a.m. and 10:00 p.m.; or
(c) 
For a shorter duration than cited above, but on more than five occasions within a given ten-day period if attested to by complainants from two or more separate properties.
(2) 
It shall be a defense to such violation if the owner of the dog proves by a preponderance of the evidence that the only reason the dog was howling or barking was that the dog was being provoked by a person or was otherwise being incited, or was acting as a guide dog, hearing dog, service dog or police work dog.
B. 
In order to abate the nuisance created by a dog howling or barking in violation of this section, Dog Control Officers may enter the yard and may seize any such dog from the yard where the violation is occurring if the officer is unable to contact the owner or if the owner is unable or unwilling to take action to stop the howling or barking.
Any female dog shall be confined to the premises of the owner while such female dog is in season.
[Amended 8-2-1988 by Ord. No. 88-297; 12-8-1992 by Ord. No. 92-418; 8-11-1998 by Ord. No. 98-341]
A. 
No person shall own or harbor a dangerous dog, unless such dog is at all times restrained and controlled so as to prevent the attack of or injury to any person, companion animal, domestic animal or farm animal, and so as to prevent such dog from putting any person in reasonable fear of immediate bodily harm, provided that such person is peaceably conducting himself or herself in a place where he or she may lawfully be.
[Amended 2-14-2006 by Ord. No. 2006-22; 7-19-2011 by Ord. No. 2011-264[1]]
[1]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
B. 
When any person makes a complaint to the Animal Services Center regarding a dangerous dog, a Dog Control Officer shall explain to the complainant that a dangerous dog proceeding may be commenced either in the Dog Complaint Division or in City Court. The Dog Control Officer shall explain the procedures involved and possible penalties available in each of these alternative forums. Initial complaints of a dangerous dog which, in the opinion of the Dog Control Officer, do not pose a serious threat to the health and safety of other persons, companion animals, domestic animals or farm animals and which the complainant does not wish to bring in City Court may be referred to the Dog Complaint Division. For complaints referred to the Dog Complaint Division, violators shall be subject to the penalties set forth in § 31-17 of the Municipal Code. If a Dog Control Officer has reason to believe that a dog may be vicious, the Dog Control Officer shall consider that said dog poses a serious threat to health and safety and shall commence a dangerous dog proceeding in City Court. Where the dog causes serious physical injury to a person or where the owner has been found guilty previously of a violation of § 31-4 and a dog owned or harbored by that same individual bites a person or where the dog has been previously found to be a dangerous dog and bites another person, the owner may be charged in accordance with Subsection F.
[Amended 1-16-2001 by Ord. No. 2001-39; 7-19-2011 by Ord. No. 2011-264[2]]
[2]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
C. 
Repeated complaints of a dangerous dog and all complaints of a dangerous dog which pose a serious threat to the health and safety of other persons, companion animals, domestic animals or farm animals shall be referred to City Court for proceedings pursuant to § 123 of the New York State Agriculture and Markets Law and consistent with this section. In reviewing such complaints about dangerous dogs, the Court may avail itself of the advice of veterinarians, dog trainers and/or the Animal Control staff.
[Amended 7-19-2011 by Ord. No. 2011-264[3]]
[3]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
D. 
Upon finding a dog to be a dangerous dog, the Court may order the immediate destruction of the dog or, in the alternative, may order any or all of the following, for which failure to comply shall result in destruction of the dog and shall constitute a violation of this section by the owner:
(1) 
Monetary penalty. The Court may impose a penalty in an amount not to exceed $1,000 upon any person found culpably negligent in failing to restrain or control a dangerous dog.
[Amended 1-16-2001 by Ord. No. 2001-39]
(2) 
Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other proper enclosure unless such dog is securely attached to a leash not more than four feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.
(3) 
Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's breathing or vision.
(4) 
Confinement. Except when leashed and muzzled as provided in this section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:
(a) 
The structure must have secure sides and a secure top, or all sides must be at least eight feet high;
(b) 
The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one foot into the ground; and
(c) 
The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.
(5) 
Indoor confinement. No dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(6) 
Signs. The owner of a dangerous dog shall post in a prominent place on their premises a sign with lettering at least 2 1/2 inches high and in a color contrasting to that of the background, stating "Dangerous Dog on Premises."
(7) 
Liability insurance; surety bond. The owner of a dangerous dog shall present to the Director of the Animal Services Center proof that he or she has procured liability insurance or a surety bond in the amount of not less than $100,000 covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the City be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminates or expires. The liability insurance or surety bond shall be obtained prior to the redemption of a dangerous dog. The dog owner shall sign a statement attesting that he or she shall maintain and not voluntarily cancel the liability insurance policy unless he or she ceases to own or keep the dog.
[Amended 12-19-2006 by Ord. No. 2006-390]
(8) 
Notification of escape. The owner of a dangerous dog shall notify the Director of the Animal Services Center immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
[Amended 12-19-2006 by Ord. No. 2006-390]
(9) 
Consultation with a behaviorist. The owner of a dangerous dog shall, at the owner's expense, consult a Behaviorist accredited by the Animal Behavior Society, or a veterinarian who specializes in behavior, and follow said professional's instructions.
(10) 
Obedience training. The owner of a dangerous dog shall, at the owner's expense, contact an obedience trainer for instruction and shall follow the trainer's recommendation.
(11) 
Neutering. The owner of a dangerous dog shall, at the owner's expense, have the dog spayed or neutered to prevent the potential reproduction of similarly dangerous dogs.
(12) 
Marking or implanting identification. The Court shall require that all dangerous dogs be marked or implanted with an individual means of identification, in a form deemed most appropriate by Animal Control Services, if the immediate destruction of the dog is not ordered. This shall occur prior to the release of the dog from the Animal Services Center and shall be at the expense of the owner.
[Added 1-16-2001 by Ord. No. 2001-39; amended 12-19-2006 by Ord. No. 2006-390]
(13) 
Payment of medical costs. The Court shall require the owner of a dangerous dog to pay restitution for the medical costs resulting from injury caused by such dog to a person, companion animal, domestic animal or farm animal.
[Added 7-19-2011 by Ord. No. 2011-264[4]]
[4]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
E. 
In addition to Subsection D above, upon finding a dog to be a dangerous dog, whether or not the immediate destruction of the dog is ordered, the Court shall order the owner to attend and successfully complete, at the owners expense, a class on dog ownership and responsibility as approved by the Animal Control Services. Failure to comply shall result in destruction of the dog and/or shall constitute a violation of this section by the owner and/or a contempt of court.
[Added 1-16-2001 by Ord. No. 2001-39[5]]
[5]
Editor's Note: This ordinance also renumbered former Subsection E as Subsection G.
F. 
Physical injury.
[Added 1-16-2001 by Ord. No. 2001-39]
(1) 
No person who owns or harbors a dog shall suffer or permit the dog to cause serious physical injury to another person.
(2) 
No person who has been found guilty previously of a violation of § 31-4 and who owns or harbors a dog shall suffer or permit the dog to cause physical injury to another person.
(3) 
No person who owns or harbors a dog that has been previously found to be a dangerous dog shall suffer or permit the dog to cause physical injury to another person.
(4) 
For purposes of Subsection F(1), (2) and (3) above, the owner or harborer of a dog which causes serious physical injury or physical injury to another person shall be deemed to have suffered or permitted such dog to cause the injury by failure to properly leash, secure or control said dog.
(5) 
Notwithstanding the penalties established elsewhere in this Code, a person who violates this Subsection F shall be guilty of a misdemeanor for which the penalty shall be a fine not to exceed $1,000 and/or imprisonment for a term not to exceed one year.
G. 
The owner of any premises patrolled by a guard dog shall post a sign at each point of public access with lettering in clear and concise English at least 2 1/2 inches high and in a color contrasting to that of the background stating that the premises are patrolled by a guard dog.
The owner of a dog shall not permit such dog, even though leashed, to do any of the following acts:
A. 
Enter or remain in public buildings, restaurants, stores or cemeteries, except guide dogs, hearing dogs, service dogs or police work dogs.
[Amended 5-12-1992 by Ord. No. 92-155; 12-8-1992 by Ord. No. 92-418]
B. 
Damage or deface property not belonging to the owner of the dog.
C. 
Deposit waste or commit a nuisance on a sidewalk, street or other public property or on the private property of another person. It shall be the duty of each dog owner or person having possession, custody or control of the dog to remove any feces left by his or her dog on any sidewalk, street or other public property or on the private property of another person. This subsection shall not apply to the owner or person having possession, custody or control of a guide dog, hearing dog, service dog or police work dog.
[Amended 3-25-1980 by Ord. No. 80-131; 12-8-1992 by Ord. No. 92-418]
[Amended 6-23-1981 by Ord. No. 81-240]
A. 
A Dog Control Officer or any police officer is hereby authorized to seize or direct the confinement of any dog which is reported to have attacked or injured a human being. Any such dog shall be confined by the owner for such length of time as may be necessary for the purpose of determining whether such dog is affected by rabies, and if so affected, it may be destroyed.
B. 
The owner of such a dog shall, upon demand, deliver the possession of such dog to a Dog Control Officer or any police officer authorized to seize the same and shall, upon demand, pay to the City the cost of confinement and treatment of the dog.
[Amended 9-24-1974 by Ord. No. 74-339; 1-10-1978 by Ord. No. 78-15; 6-23-1981 by Ord. No. 81-240; 11-16-2010 by Ord. No. 2010-380[1]]
A. 
No person shall own, harbor or keep a dog unless the dog is licensed and wearing an identification tag issued in accordance with this chapter.
B. 
All dogs within the City of Rochester four months of age or older, unless otherwise exempted, shall be licensed and shall wear an identification tag. The owner of each dog required to be licensed shall complete and submit to the City Clerk a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the City. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog’s life, in which case vaccination shall not be required. Proof that a dog is spayed or neutered shall also be provided, when applicable. Each license issued shall be valid for a period of one year and shall not be transferrable. The City Clerk shall issue an identification tag for each dog that has been licensed and may issue special identification tags for purebred dogs and for guide, service, hearing and detection dogs. The City Clerk may also indicate on the paper license and in City records when a dog has been adjudicated a dangerous dog pursuant to § 31-7.
C. 
Any police officer or a Dog Control Officer of the City shall seize any dog found at large not wearing the identification tag required by this chapter.
D. 
A dog while participating in a dog show shall be exempt from wearing an identification tag.
E. 
Any dog harbored within the City which is owned by a resident of another jurisdiction and licensed by that jurisdiction shall for a period of 30 days be exempt from the licensing and identification provisions of this chapter.
[1]
Editor’s Note: This ordinance provided an effectivedate of 1-1-2011.
[Added 12-8-1992 by Ord. No. 92-418]
A. 
No person or persons shall own, harbor or keep more than four dogs which are more than four months of age in any premises containing three or fewer dwelling units, or more than one dog more than four months of age in any dwelling unit in a premises containing four or more dwelling units, except in pet shops, veterinary hospitals and kennels established in accordance with the Zoning Code.[2]
[Amended 11-19-2002 by Ord. No. 2002-354]
[2]
Editor's Note: See Ch. 120, Zoning.
B. 
This section shall not apply to dogs licensed before April 1, 1993, and harbored at a single dwelling unit or premises; provided, however, that this exemption shall apply only to such licensed dogs and only so long as they remain properly licensed, and this exemption shall not allow for replacement of or addition to any such dogs until such time as the replacement or addition will not raise the total number of dogs at a dwelling unit or premises to a number which is in violation of this section.
C. 
Nothing in this section shall prevent an owner from further restricting the number of or prohibiting dogs on a premises.
[1]
Editor's Note: Former § 31-11, Seizure of dogs, as amended 9-24-1974 by Ord. No. 74-339, was repealed 3-25-1980 by Ord. No. 80-131.
[Added 6-23-1981 by Ord. No. 81-240[1]]
A. 
The Council hereby authorizes the issuance of notices of violation for violations of Article 7 of the Agriculture and Markets Law, of this chapter or of any local law or ordinance relating to the licensing, identification and control of dogs. The notice of violation or duplicate thereof, when filled in and sworn to or affirmed and served as provided in this section, shall constitute notice of the violation charged and shall be returnable in the Dog Complaint Division.
B. 
Any Dog Control Officer or police officer observing a violation in his or her presence of Article 7 of the Agriculture and Markets Law, of this chapter or of any local law or ordinance relating to the licensing, identification and control of dogs shall issue and serve a notice of violation for such violation.
[Amended 2-14-2006 by Ord. No. 2006-22]
C. 
A notice of violation shall be served in accordance with § 13A-4 of the Municipal Code.
[Amended 11-19-2002 by Ord. No. 2002-355]
D. 
A notice of violation shall inform the person of the violation charged and of the scheduled hearing date in the Dog Complaint Division. The original or facsimile thereof shall be filed and retained by the Dog Complaint Division and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein. A notice of violation shall also contain a schedule of penalties for violations and shall inform the person charged with the violation that he or she may admit to the violation and forward the notice, together with a check or money order in the amount of the penalty for the violation charged, to the Dog Complaint Division.
[Amended 2-14-2006 by Ord. No. 2006-22]
[1]
Editor's Note: This ordinance also repealed former § 31-12, Jurisdiction.
[Amended 3-25-1980 by Ord. No. 80-131; 6-23-1981 by Ord. No. 81-240; 12-19-2006 by Ord. No. 2006-390; 11-16-2010 by Ord. No. 2010-380[1]]
It shall be the duty of the Dog Control Officers to enforce the provisions of Article 7 of the Agriculture and Markets Law, of this chapter and of any local law or ordinance relating to the licensing, identification and control of dogs. In the case of a dog being redeemed or a dog being adopted from the Animal Services Center, Dog Control Officers and staff of the Animal Services Center are authorized to accept applications for dog licenses and to issue licenses and identification tags in accordance with this chapter.[2]
[1]
Editor’s Note: This ordinance provided an effectivedate of 1-1-2011.
[2]
Editor's Note: Former § 31-13.5, Issuance of appearance tickets, added 8-9-1977 by Ord. No. 77-381 and amended 3-25-1980 by Ord. No. 80-131, which immediately followed this section, was repealed 6-23-1981 by Ord. No. 81-240.
[Added 6-23-1981 by Ord. No. 81-240[1]; amended 2-14-2006 by Ord. No. 2006-22]
Any person who observes or has knowledge of a violation of Article 7 of the Agriculture and Markets Law, of this chapter or of any local law or ordinance relating to the licensing, identification and control of dogs may file a signed deposition, under oath, with a Dog Control Officer, specifying the objectionable conduct of the dog, the date thereof, a description of the dog and the name and address, if known, of the owner or other person harboring said dog. The Dog Control Officer shall investigate each complaint and, if he or she finds the complaint to be supported by substantial evidence, shall issue a notice of violation therefor.
[1]
Editor's Note: This ordinance also repealed former § 31-14, Who may file complaint and what it shall contain.
[Added 12-8-1992 by Ord. No. 92-418]
No person shall bring a dog or remain with a dog at any fireworks display. This section shall not apply to guide dogs, hearing dogs, service dogs or police work dogs.
[1]
Editor's Note: Former § 31-15, Authority of Chief Complaint Clerk, was repealed 6-23-1981 by Ord. No. 81-240.
[Added 6-16-1998 by Ord. No. 98-207]
No person shall bring, walk, permit or allow a dog, whether leashed or unleashed, on the Charlotte Pier, extending from the county boat launch on the south to the northerly end of the pier in Lake Ontario. This section shall not apply to guide dogs, hearing dogs, service dogs or police work dogs.
[Added 6-16-2010 by Ord. No. 2010-169]
A. 
No person shall bring, walk, permit or allow a dog, whether leashed or unleashed, in Riverside Cemetery.
B. 
No person shall bring, walk, permit or allow a dog in Mount Hope Cemetery, whether leashed or unleashed, except that leashed dogs may be allowed only on improved and unimproved walkways and roadways within the cemetery.
C. 
This section shall not apply to guide dogs, hearing dogs, service dogs or police work dogs.
The sections, paragraphs, sentences, clauses and phrases of this chapter are severable; and if any such portion shall be declared invalid, the remainder of the chapter shall not be affected thereby and shall remain in force and effect.
[Amended 7-22-1969 by Ord. No. 69-329; 12-23-1975 by Ord. No. 75-512; 1-10-1978 by Ord. No. 78-15; 6-23-1981 by Ord. No. 81-240; 12-8-1992 by Ord. No. 92-418; 5-11-1993 by Ord. No. 93-146; 8-11-1998 by Ord. No. 98-341]
A. 
Any person who violates or knowingly permits the violation of Article 7 of the Agriculture and Markets Law, of this chapter or of any local law or ordinance relating to the licensing, identification and control of dogs shall be subject to the following penalties:
(1) 
License violations (§ 31-10).
[Amended 6-19-2018 by Ord. No. 2018-167[1]]
Initial Penalty
Penalty Upon Default
First offense
$ 50
$ 75
Second offense
$100
$150
Third and subsequent offense
$200
$250
[1]
Editor’s Note: This ordinance provided an effective date of 7-1-2018.
(2) 
Leash law violations (§ 31-4).
[Added 1-16-2001 by Ord. No. 2001-39[2]]
Initial Penalty
Penalty Upon Default
First offense
$100
$  200
Second offense
250
   500
Third and subsequent offense
500
1,000
[2]
Editor's Note: This ordinance also renumbered former Subsection A(2) as Subsection A(3).
(3) 
All other violations.
Initial Penalty
Penalty Upon Default
First offense
$100
$200
Second offense
200
400
Third and subsequent offenses
300
600
B. 
Payment of the penalties established herein shall not satisfy the obligation of the owner to purchase a license in accordance with this chapter.
[Amended 11-16-2010 by Ord. No. 2010-380[3]]
[3]
Editor’s Note: This ordinance provided an effective date of 1-1-2011.
C. 
The Director of Parking Violations may establish a program to provide for a refund in an amount not to exceed $50 from a full penalty for a violation covered by Subsection A(2) above if the offender has attended a class approved by the Animal Services Center on dog ownership and responsibility.
[Amended 12-19-2006 by Ord. No. 2006-390]
[Added 3-25-1980 by Ord. No. 80-131;[1] amended 6-23-1981 by Ord. No. 781-240]
The owner of record of an identified dog which is seized may redeem such dog within seven days after the date of mailing of the notice of seizure upon payment of the redemption fees and by producing proof that the dog has been licensed. The owner of a seized dog which is not identified may redeem such dog within five days from the date of seizure upon payment of the redemption fees and by producing proof that the dog has been licensed and identified pursuant to the Agriculture and Markets Law.
[1]
Editor's Note: This ordinance also repealed former § 31-18, Repealer.
[Added 3-25-1980 by Ord. No. 80-131[1]]
A. 
The Council finds that the peace and tranquillity of neighborhoods is often disturbed by dogs and that it is incumbent upon owners to control their dogs. Section 118 of the Agriculture and Markets Law authorizes Dog Control Officers and police officers to seize any dog in violation of Article 7 of the Agriculture and Markets Law, of this chapter or of any local law or ordinance relating to the licensing, identification and control of dogs. To the extent that persons harbor dogs which continue to be in violation of said dog control provisions, a nuisance is created. In order to abate such nuisances, Dog Control Officers shall seize any dog in violation of Article 7 of the Agriculture and Markets Law, of this chapter or of any local law or ordinance relating to the licensing, identification and control of dogs, whether leashed or unleashed, and whether on the owner's premises or off, if the owner of said dog or any resident of the dwelling unit in which the dog is harbored, has been found guilty of three or more dog control violations within the immediately preceding period of two years.
[Added 8-11-1998 by Ord. No. 98-341[2]]
[2]
Editor's Note: This ordinance also designated the existing text of § 31-19 as Subsection B.
B. 
No person shall permit an accumulation of dog feces on a property which results in a foul or nauseating odor or unsightly condition that makes travel or residence in the vicinity uncomfortable, or which attracts flies or other insects or animals thereby creating an unsanitary condition which may facilitate the spread of disease and endanger health, or which renders soil, water or food impure or unwholesome, or which endangers public comfort and repose.
[1]
Editor's Note: This ordinance also repealed former § 31-19, When effective.
[Added 1-9-1979 by Ord. No. 79-12]
A. 
The fees for procuring a dog license in the City, which shall include the state surcharges, shall be as follows:
[Amended 5-22-1990 by Ord. No. 90-192; 12-19-2006 by Ord. No. 2006-390; 6-17-2008 by Ord. No. 2008-205; 11-16-2010 by Ord. No. 2010-380; 6-19-2018 by Ord. No. 2018-167[1]]
(1) 
Spayed female dogs and neutered male dogs: $10.
(2) 
Unaltered dogs: $30.
(3) 
Purebred dogs: $35.
[1]
Editor’s Note: This ordinance provided an effective date of 7-1-2018.
B. 
Redemption.
(1) 
The fees for redeeming any dog placed in the Animal Services Center shall include fees approved by the Chief of Police or set forth herein for the following: seizure, daily boarding, rabies vaccination, sterilization (when that service has been performed at the request of the redeeming owner) and City dog license. There shall be no waiver of the boarding fee for a dog that is redeemed on the day of seizure.
[Amended 4-12-1983 by Ord. No. 83-106; 5-22-1990 by Ord. No. 90-192; 1-16-2001 by Ord. No. 2001-39; 12-19-2006 by Ord. No. 2006-390; 9-19-2017 by Ord. No. 2017-308]
(2) 
No unlicensed dog shall be redeemed unless the person seeking the redemption first obtains a license for the dog.
(3) 
No dog shall be redeemed unless the person seeking the redemption first pays all outstanding dog control fines and penalties owed by that person and the dog owner, and all outstanding dog control fines and penalties relating to the dog to be redeemed.[2]
[2]
Editor's Note: Former Subsection B(4), added 1-16-2001 by Ord. No. 2001-39, which immediately followed and required viewing a video prior to redemption, was repealed 12-19-2006 by Ord. No. 2006-390.
C. 
The fees for adopting a dog from the Animal Services Center shall include fees approved by the Chief of Police or set forth herein for the following: adoption, rabies vaccination, sterilization and dog license.
[Amended 6-23-1981 by Ord. No. 81-240; 5-22-1990 by Ord. No. 90-192; 12-19-2006 by Ord. No. 2006-390; 11-16-2010 by Ord. No. 2010-380[3]]
[3]
Editor’s Note: This ordinance provided an effectivedate of 1-1-2011.
D. 
The Chief of Police shall establish fees for additional services offered by the Animal Services Center.
[Added 6-20-2006 by Ord. No. 2006-195; amended 12-19-2006 by Ord. No. 2006-390]
E. 
No fees shall be required for the licensing of guide, service, hearing, war, working search, detection, police and therapy dogs.
[Added 11-16-2010 by Ord. No. 2010-380[4]]
[4]
Editor’s Note: This ordinance provided an effectivedate of 1-1-2011.
F. 
The fee to replace a lost identification tag shall be $3.
[Added 11-16-2010 by Ord. No. 2010-380[5]]
[5]
Editor’s Note: This ordinance provided an effectivedate of 1-1-2011.
[Added 6-23-1981 by Ord. No. 81-240; amended 5-14-1985 by Ord. No. 85-194]
Dog Control Officers are authorized to take possession of and euthanize all unwanted dogs and other household pets voluntarily surrendered by City residents. Subject to the prior consent of the owner, dogs and other household pets voluntarily surrendered may be euthanized or made available for adoption when deemed appropriate by the Dog Control Officers. The owner of the animal shall execute a form absolving the Dog Control Officers and the City of all liability arising from the euthanization or adoption of the animals. There shall be no fee for such euthanization services.
[Added 12-19-2006 by Ord. No. 2006-391[1]; amended 9-19-2017 by Ord. No. 2017-308]
A. 
The City of Rochester is experiencing a host of challenges related to stray and roaming dogs. These are matters of serious concern affecting public health, safety, quality of life, and welfare of the public and of their pets. Animal Services, which operates the City's animal shelter within the Rochester Police Department, estimates that over 5,500 unwanted, stray, or abandoned dogs and cats entered its facility during the 2005-2006 fiscal year. Of these, approximately 90% were not spayed and neutered. While wandering the City's streets, nonsterilized dogs reproduce at alarming rates, exacerbating a potentially unhealthy and dangerous situation. As a result of the exponential rate of increase, increasing numbers of individuals and animals are at risk for rabies and many animals become victims of vehicular accidents. These animals also suffer from lack of appropriate food and water, ingestion of poisons, exposure to inclement weather, and infestation with parasites. Additionally, dogs, are being intentionally bred irresponsibly throughout the City with little regard for health or temperament of the breeding pair and the resulting offspring. Furthermore, it is well documented that sterilization helps to improve health and longevity and to reduce roaming tendencies, undesirable behaviors, and possibly dominance aggression, all of which impact dog intakes at shelters. Given the benefits of sterilization that address the challenges of dog control, Animal Services finds that a law providing for the spaying and neutering of dogs adopted or redeemed from the City's shelter is necessary to protect the health, safety, and quality of life of Rochester residents and the welfare of the City's pet community. Animal Services also finds that with the advancement of medical knowledge over the past 15 years, many veterinarians now advocate and practice early sterilization of pets, as early as eight weeks of age. Veterinarians at animal hospitals and humane shelters across the country, as well as the American Society for the Prevention of Cruelty to Animals, have performed thousands of early spay-neuter surgeries. Many veterinary associations now also agree that even though any surgery has inherent risks, puppies heal faster and are lower surgical risks than older animals who may be ill, in heat, or pregnant. If dogs are spayed or neutered before adoption or redemption from the shelter, then the chance that they will add more unwanted offspring to the numbers that already exist will be eliminated.
B. 
The Animal Services Center shall not release a dog to a person adopting such dog unless such dog has been sterilized by a licensed veterinarian; provided, however, that such requirement shall not apply if a licensed veterinarian certifies to Animal Services that he or she has examined such dog and found that because of a medical contraindication, the life of such dog would be endangered by sterilization; provided however, that such reason shall not be based solely on the age of such dog, if such dog is at least eight weeks of age. Prior to releasing a nonsterilized dog to a person claiming ownership thereof, the Animal Services Center shall offer to have the dog sterilized by a licensed veterinarian for a fee established by the Chief of Police pursuant to § 31-20; provided, however, that the owner shall not be required to accept the offer in order to redeem the dog.
[1]
Editor's Note: This ordinance also provided that it shall take effect 2-1-2007.
[Added 12-23-2008 by Ord. No. 2008-429]
In accordance with § 117 of the Agriculture and Markets Law, the Animal Services Center shall provide services for the alteration of the reproductive capacity through spaying or neutering of dogs owned by the residents of the City. The fees for such services shall be established by the Chief of Police pursuant to authorization contained in § 31-20.