[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:
Unleashed dog off the premises of the owner.
Any animal as defined in § 350, Subdivision 5,
of the Agriculture and Markets Law.
[Added 7-19-2011 by Ord. No. 2011-264[1]]
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]]
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;
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.
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:
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;
Has, more than once and without justification,
severely injured or killed a domestic animal while off the owner's
property; or
Has been used primarily or in part for the purpose
of dog fighting, or is a dog trained for dog fighting.
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.
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
Any dog providing protection or security at
a premises at which illegal activities are occurring.
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.
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]
Both male and female dogs, except where the context requires
otherwise.
Any animal as defined in § 108, Subdivision 7,
of the Agriculture and Markets Law.
[Added 7-19-2011 by Ord. No. 2011-264[3]]
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]
Any animal as defined in § 350, Subdivision 4,
of the Agriculture and Markets Law.
[Added 7-19-2011 by Ord. No. 2011-264[4]]
A dog trained and harbored to provide security against intrusion
onto a premises.
[Added 12-8-1992 by Ord. No. 92-418]
Any dog that is trained to aid in the taking of wildlife
and is actually or has been used for such purposes, consistent with
applicable law and regulation, including NYS Environmental Conservation
Law § 11-0923, and any local permitting process.
[Added 4-25-2023 by Ord.
No. 2023-120]
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]
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.
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.
Impairment of physical condition or substantial pain.
[Added 1-16-2001 by Ord. No. 2001-39]
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]
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]
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]
Shall include the act of leashing, fastening, securing, chaining,
tying or otherwise restraining a dog to any object, stationary or
otherwise, except when such acts occur as part of the lawful engagement
of a hunting dog or a working dog as defined in this section. The
area in which the dog is tethered must be clean, and the dog must
have access to food, potable water, and shelter from the weather.
The tether should be at least five feet in length.
[Added 4-25-2023 by Ord.
No. 2023-120]
Any dog that is trained to herd and/or protect livestock,
control bird and/or wildlife populations, or is actually or has been
used in connection with farming or agricultural purposes.
[Added 4-25-2023 by Ord.
No. 2023-120]
[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.
[Added 4-25-2023 by Ord. No. 2023-120]
The following shall constitute prohibited conduct:
[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.
[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.
[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.
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]
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.
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:
(2)
(3)
All other violations.
|
Initial Penalty
|
Penalty Upon Default
| |
|---|---|---|
|
First offense
|
$100
|
$200
|
|
Second offense
|
200
|
400
|
|
Third and subsequent offenses
|
300
|
600
|
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; amended 6-23-1981 by Ord. No. 781-240; 5-21-2019 by Ord. No. 2019-139]
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
cannot be identified by a collar, tag, microchip, tattoo or other
identifying mark may redeem such dog within three 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. Any seized dog which is not redeemed within the applicable
redemption period shall become the property of the City and may be
put up for adoption or otherwise disposed of in a lawful manner. A
dog may be humanely euthanized in accordance with § 374
of the Agriculture and Markets Law if: A) it is unidentified and has
remained in the City's custody for at least five days since its seizure;
or B) it is identified and it has remained in the City's custody for
at least seven days after the mailing of the seizure notice described
above.
[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]]
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 Commissioner of the Department
of Recreation and Human Services 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; 6-15-2021 by Ord. No. 2021-179]
(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 Commissioner of the Department
of Recreation and Human Services 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; 6-15-2021 by Ord. No. 2021-179]
D.
The Commissioner of the Department of Recreation and
Human Services 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; 6-15-2021 by Ord. No. 2021-179]
[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; amended 9-19-2017 by Ord. No.
2017-308; 6-15-2021 by Ord. No. 2021-179]
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 Department of Recreation and Human Services,
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 Commissioner of the Department of Recreation and Human Services pursuant to § 31-20; provided, however, that the owner shall not be required to accept the offer in order to redeem the dog.
[Added 12-23-2008 by Ord. No. 2008-429; amended 6-15-2021 by Ord. No. 2021-179]
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 Commissioner of the Department of Recreation and Human Services pursuant to authorization contained in § 31-20.
