As used in this chapter, the following terms
shall have the meanings respectively ascribed to them in this section:
Any live vertebrate creature, domestic or wild.
Any facility operated by a humane society or by a municipal
agency or its authorized agents for the purpose of impounding or caring
for animals held under the authority of this chapter or state law.
Any animal shall be deemed at large when it is off the property
of its owner and not under the control or restraint of a competent
person.
Any place or facility where animals are regularly bought,
sold or traded, except for those facilities otherwise defined in this
chapter. This definition does not apply to individual sales of animals
by owners.
A commercial variety show featuring animal acts for public
entertainment.
Any pet shop, grooming shop, auction, riding school or stable,
zoological park, circus, performing animal exhibition or kennel.
The officer charged with enforcement of this chapter, who
shall have all the powers of a peace officer in the execution of this
chapter or Article 7 of the Agriculture and Markets Law, including
the service of summons or any other order of process.
Any animal that constitutes a physical threat to human beings
or other animals.
Includes domesticated sheep, horses, cattle, goats, swine,
fowl, ducks, geese, turkeys and game birds raised in confinement under
permit or license from the State Department of Environmental Conservation.
[Amended 10-3-2001]
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or
selling dogs or cats.
Any person who owns, keeps, harbors or has the care, custody
or control of an animal. Animals owned by minors shall be deemed to
be in custody and control of the minor's parents or other head of
the household where the minor resides.
Includes dogs, cats, cage birds and other animals commonly
kept or harbored in a home as a house pet.
Any person, partnership or corporation, whether operated
separately or in connection with another business enterprise, except
for a licensed kennel, that buys, sells or boards any species of animals.
An animal is under restraint if it is secured by leash or
lead or under the control of a competent person not less than 12 years
of age and obedient to that person's commands, on or within a vehicle
being driven or parked on the street or within the property limit
of its owner or keeper or upon the premises of another with consent
of such other person.
A.Â
Except as otherwise provided herein, the Community
Service Officer shall be the enforcing officer for carrying out the
terms of this chapter. The Community Service Officer shall investigate
any complaint lodged by any person against any animal or animal owner
for allegedly violating this chapter.
B.Â
It is the duty of the Community Service Officer to
seize and impound animals running at large, in addition to the dogs
that are seized for other violations.
C.Â
Every animal seized by the Community Service Officer
shall be maintained, redeemed, sold or disposed of in accordance with
Article 7 of the Agriculture and Markets Law.
No owner or person having the care of any domestic
animals shall permit or suffer the same or any of them to go at large
or to graze on any street, public ground, park or square of this City.
No person shall own or harbor any dangerous
animal or any animal which shall attack or attempt to bite any person
peaceably passing along the street, lane, park or walk of the City
or any place the person may legally be.
A.Â
It shall be unlawful for any person to keep, harbor,
raise or maintain any domestic animals within the area of the City
bounded by a line beginning at the point where the Conrail tracks
cross Oneida Creek just south of the New York State Thruway, thence
westerly along the Conrail tracks to the point where an extension
of the west inside/outside corporation line intersects, thence southerly
along the inside/outside corporation line to Genesee Street (New York
State Route 5), thence easterly along Genesee Street to the point
where the same crosses Oneida Creek, thence northerly along Oneida
Creek to its starting point.
B.Â
Nothing in this section shall be deemed to make unlawful
the use of any property being used as of January 1, 1979, for the
keeping, harboring, raising or maintaining of domestic animals; however,
this provision shall not permit the establishment or maintenance of
any nuisance or other condition or circumstance otherwise prohibited
by law, nor does it permit the increasing or extending of any preexisting
use. Such preexisting use shall be known as a nonconforming use and
shall terminate and become unlawful upon the termination of ownership
of the person or persons owning the same on January 1, 1979.
A.Â
No owner shall fail to provide their animal with sufficient
good and wholesome food, water, proper shelter and protection from
the weather, veterinary care when needed to prevent suffering and
with humane care and treatment.
B.Â
No person shall beat, cruelly ill treat, torment,
overload, overwork or otherwise abuse an animal or cause, instigate
or permit any dogfight, cockfight, bullfight or other combat between
animals or between animals and humans.
C.Â
No owner of an animal shall abandon such animal.
D.Â
No person shall unjustifiably administer any poisonous
or noxious drug or substance to any animal not covered in § 361
of the Agriculture and Markets Law, nor shall a person unjustifiably
expose such animals to any drug or substance with the intent such
drug be taken by such animal.
E.Â
No person shall willfully or unjustifiably interfere
with, injure, destroy or tamper with or willfully set on foot, instigate,
engage in or in any way further any act by which any animals used
for the purposes of breeding, racing or competitive exhibition of
skill, breed or stamina is impaired.
F.Â
No person shall willfully throw, drop or place or
cause to be thrown, dropped or placed any substance which might wound,
disable or injure any animal.
No person shall give away any live animal, fish,
reptile or bird as an inducement to enter any contest, game or other
competition or as an inducement to enter a place of amusement; or
offer such vertebrate as an incentive to enter any business agreement
whereby the offer was for the purpose of attracting trade.
Any person who, as the operator of a motor vehicle,
strikes a pet or domestic animal shall stop at once and render such
assistance as may be possible and shall immediately report such injury
or death to the animal's owner; in the event the owner cannot be ascertained
and located, such operator shall at once report the accident to the
appropriate law enforcement agency.
No person shall entice, seize or molest any
animal while it is being held or led by any person or while properly
muzzled or wearing a licensed tag, except where such action is incidental
to the enforcement of some law or regulation.
No person shall transport any animal, not lawfully
in his possession, for the purpose of killing or selling such animal.
[Amended 6-18-2003 by Ord. No. 03-05]
The owner or person in control of an animal
shall be responsible for the immediate removal of any excreta deposited
by his/her animal on public walks, recreation areas, parks or another's
private property.
A.Â
An owner of an animal shall not permit such animal,
either licensed or unlicensed, to become a public nuisance. An animal
shall be presumed to be a public nuisance if it shall:
(1)Â
Persistently or consistently bark or howl or whine
or snarl or growl.
(2)Â
Cause personal injury.
(3)Â
Cause damage to personal property.
(4)Â
Transport trash or create impairment of lawns, hedges,
flower beds and gardens on property other than of the owner or of
anyone having the animal in custody.
(5)Â
Persistently bark or chase or growl or snarl at pedestrians
who are using the sidewalks while the animal is on the property of
the owner or harborer.
(6)Â
Roam with one or more animals in a pack.
(7)Â
Be in the habit of chasing or barking at automobiles.
(8)Â
Kill other animals, except mice and rats.
(9)Â
Be in any grocery stores or any store where perishable
goods are sold or any part of any restaurant where food is prepared,
except for Seeing Eye dogs.
B.Â
No person shall keep or harbor such number of dogs
as to constitute a nuisance.
Any officer authorized by law to make arrests
may lawfully take possession of any animal or implements or other
property used or employed or about to be used or employed in violation
of any provision of law relating to fights among animals. The disposition
of animals or implements used in such fights shall be carried out
in accordance with §§ 375 and 376 of the Agriculture
and Markets Law.
[Amended 2-8-1986 by Ord. No. 86-02; 7-19-1994]
A.Â
Violations.
(1)Â
Any person who violates this chapter or knowingly permits the violation of this chapter or any of the provisions thereof shall be guilty of a misdemeanor, punishable as provided in § 1-14 of this Code, but if such provision is inconsistent with the provisions of the Agriculture and Markets Law or other applicable state provision in defining the grade of the offense or the punishment therefor, then as defined and punishable by such law or provision, except that a violation of any of the following provisions of this chapter shall be a violation, punishable as hereinafter provided in this section:
(2)Â
A person convicted of a violation of any of the immediate above §§ 17-3, 17-4, 17-5, 17-6, 17-9, 17-12, 17-13, 17-16 shall be subject to a fine of not less than $50 nor more than $100; for a conviction of a second violation of the same offense, both of which were committed within a period of five years, a fine of not less than $75 nor more than $150; for conviction of a third or subsequent violation of the same offense, all of which were committed within a period of five years, a fine of not less than $100 nor more than $250 or imprisonment for not more than 15 days, or both.
[Amended 11-21-2007 by Ord. No. 07-05]
B.Â
Any person violating any provision of this chapter
shall be issued an appearance ticket for such violation. The appearance
ticket shall be substantially in the form set forth in Subsection
C. An answer to such appearance ticket may be made within five days
of the violation, by certified mail, return receipt requested, in
lieu of a personal appearance upon the date at the time and court
specified in the appearance ticket, in accordance with the provisions
of § 124 of the Agriculture and Markets Law.[1]
[1]
Editor's Note: Former Subsection C, regarding the form of
appearance tickets, which immediately followed, was repealed 7-5-2023 by L.L. No. 5-2023.
