As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section:
ANIMAL
Any live vertebrate creature, domestic or wild.
ANIMAL SHELTER
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.
AT LARGE
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.
AUCTION
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.
CIRCUS
A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT
Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel.
COMMUNITY SERVICE OFFICER
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.
DANGEROUS ANIMAL
Any animal that constitutes a physical threat to human beings or other animals.
DOMESTIC ANIMAL
Includes domesticated sheep, horses, cattle, goats, swine, ducks, geese, turkeys, and game birds raised in confinement under permit or license from the State Department of Environmental Conservation; “hens” are specifically excluded from the definition of “domestic animal” and are subject to regulation pursuant to Chapter 71.
[Amended 10-3-2001; 7-2-2024 by L.L. No. 4-2024]
GROOMING SHOP
A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
KENNEL
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.
OWNER
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.
PET
Includes dogs, cats, cage birds and other animals commonly kept or harbored in a home as a house pet.
PET SHOP
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.
RESTRAINT
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. 
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. 
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. 
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 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. 
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. 
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. 
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. 
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. 
No owner of an animal shall abandon such animal.
D. 
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. 
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. 
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.
[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. 
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) 
Persistently or consistently bark or howl or whine or snarl or growl.
(2) 
Cause personal injury.
(3) 
Cause damage to personal property.
(4) 
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) 
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) 
Roam with one or more animals in a pack.
(7) 
Be in the habit of chasing or barking at automobiles.
(8) 
Kill other animals, except mice and rats.
(9) 
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. 
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. 
Violations.
(1) 
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:
(a) 
Section 17-3 regarding restraining or confining dogs or cats;
(b) 
Section 17-4 regarding domestic animals at large or grazing in public;
(c) 
Section 17-5 regarding dangerous animals;
(d) 
Section 17-6 regarding keeping of domestic animals;
(e) 
Section 17-9 regarding duty of operators of vehicles which strike animals;
(f) 
Section 17-12 regarding removal of animal wastes;
(g) 
Section 17-13 regarding animal nuisances.
(h) 
Section 17-16 regarding license required; fees.
[Added 11-21-2007 by Ord. No. 07-05]
(2) 
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. 
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.