[Amended 10-2-1984; 2-6-1988 by Ord. No. 88-10; 2-20-1996 by Ord. No. 96-01; 10-3-2006 by Ord. No. 06-02; 12-7-2010 by L.L. No.
3-2010[1]]
The purpose of this article is to provide for the identification
and licensing of dogs, so as to aid in the control and protection
of the dog population and the protection of persons, property and
domestic animals within the City of Oneida. This article shall apply
to all areas of the City of Oneida and, except to the extent otherwise
specifically provided herein, to all dogs kept and/or harbored within
the City of Oneida, and to all dog licenses issued by the City of
Oneida on and after January 1, 2011.
As used in this article, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered.
The City Clerk of the City of Oneida.
Any dog that is trained and is actually used for the purpose
of detecting controlled substances, explosives, ignitable liquids,
firearms, cadavers, or school or correctional facility contraband,
or any dog undergoing training for such purposes.
Any member of the species canis familiaris.
Any individual appointed by the City Manager of the City
of Oneida to assist in the enforcement of this article and/or Article
7 of the New York State Agriculture and Markets Law, or any authorized
officer, agent or employee of an incorporated humane society or similar
incorporated dog protective association under contract with the City
of Oneida to assist in the enforcement of this article.
[Amended 7-18-2023 by L.L. No. 6-2023[1]]
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the state during the period
such dog is being trained or bred for such purpose.
To provide food and/or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the state during the period such dog
is being trained or bred for such purpose.
A tag issued by the City of Oneida which sets forth an official
identification number, together with the words "City of Oneida" and
"State of New York," the telephone number for the City Clerk of the
City of Oneida, and any other information as may be required by the
provisions of this article.
Any dog carrying an identification tag as provided in this
article.
A series or combination of letters, numbers and/or symbols
approved and furnished by the City of Oneida.
Any person who keeps or harbors any dog.
The person in whose name any dog was last licensed pursuant
to this article and/or Article 7 of the New York State Agriculture
and Markets Law, except that if any license is issued upon application
of a person under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person.
Any individual, corporation, partnership, association or
other organized group of persons, or other legal entity.
Any person with a disability as that term is defined in Subdivision
21 of Section 292 of the New York State Executive Law.
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner of Agriculture and Markets.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purpose.
Any dog which has been honorably discharged from the United
States armed services.
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the Department of Agriculture and Markets; provided, however, that
such services provided by said dog shall be performed without charge
or fee.
[1]
Editor's Note: This local law was subject to mandatory referendum
and approved by the electors of the City of Oneida 11-7-2023.
A.
Licensing of dogs.
(1)
Except as otherwise specifically provided in this article or in Article
7 of the New York State Agriculture and Markets Law, all dogs at large,
and all dogs four months of age or older, shall be licensed in accordance
with the provisions of this article.
(2)
All applications for a dog license, both original applications and
renewal applications, shall be made to the Oneida City Clerk.
(3)
The application shall state the sex, actual or approximate age, breed,
color, and official identification number of the dog, and other identification
marks, if any, and the name, address and telephone number of the owner.
(4)
The application shall be accompanied by the license application fee,
any applicable license surcharges, and any such additional fees as
may be established from time to time by resolution of the Oneida Common
Council. Each license application shall be accompanied by a current
certificate of rabies vaccination or a statement from a licensed veterinarian
in lieu thereof that such vaccination would endanger the dog's life.
In the case of a spayed or neutered dog, every application shall also
be accompanied by a certificate signed by a licensed veterinarian
or an affidavit signed by the owner, showing that the dog has been
spayed or neutered, provided such certificate or affidavit shall not
be required if the same is already on file with the clerk. In lieu
of the spay or neuter certificate, an owner may present a statement
certified by a licensed veterinarian stating that he has examined
the dog and found that, because of old age or other reason, the life
of the dog would be endangered by spaying or neutering. In such case,
the license fee for the dog shall be the same as for a spayed or neutered
dog as set forth in this article.
(5)
Upon validation by the City Clerk, the application shall become a
license for the dog described therein. Once an application has been
validated, no refund shall be made of the fees paid therefor, or any
portion thereof.
(6)
The City Clerk shall provide an identification tag and a copy of
the license to the owner, and retain the license and all documentation
supporting the issuance of the license in accordance with the Records
Retention and Disposition Schedule MU-1 issued by the New York State
Archives and Records Administration. If the application for a dog
license (or renewal) is made by mail and the owner requests a validated
copy, the owner shall provide a stamped, self-addressed envelope for
that purpose.
(7)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
(8)
Each initial license issued by the City of Oneida pursuant to this
article shall expire on the last day of the month one year from the
date of the original issuance of the license. Each renewal license
shall expire on the last day of the same month in each succeeding
calendar year. (For example, a license originally issued in January
will always expire on January 31 of each succeeding calendar year,
regardless of the actual date the license is renewed with the City
Clerk; renewing early or late does not change the date of expiration
of the license.)
(9)
Owners of more than one dog may request a common renewal date for their dog licenses, which may be granted by the City Clerk as long as no license is extended beyond the period of validity that would otherwise apply under the provisions of Subsection A(8) (i.e., the license may be issued for less than a year, but not for more than a year.) No license fees or surcharges shall be prorated upon the granting of a request for a common renewal date pursuant to the provisions of this Subsection A(9).
B.
Relocation/relicensing.
(1)
The owner of any dog currently licensed in another municipality who
relocates his place of residence to the City of Oneida shall apply
for and obtain a City of Oneida dog license for each dog owned. Owners
of dogs licensed in another jurisdiction shall not be required to
obtain a City of Oneida license during periods of temporary residence
within the City.
(2)
Any dog adopted from an incorporated humane society or similar incorporated
dog protective association must be licensed in the City of Oneida
prior to being released from said shelter.
A.
A fee schedule for all license fees and other fees to be charged
and collected pursuant to this article shall be established by resolution
of the Oneida Common Council. Such fee schedule may thereafter be
amended from time to time by further resolution of the Common Council.
The fees set forth in, or determined in accordance with, such fee
schedule or amended fee schedule shall be charged and collected prior
to the issuance of the license for which the fees are due.
B.
All fees established by the Common Council shall be in accordance
with the following limitations:
(1)
The application fee for an unspayed or unneutered dog shall be at
least $5 more than the application fee for a spayed or neutered dog.
(2)
A surcharge fee in an amount not less than $1 for spayed and neutered
dogs, and not less than $3 for unspayed or unneutered dogs, for the
purpose of supporting animal population control efforts.
(3)
A surcharge fee in an amount not less than $5 shall be imposed upon
a dog license for a dog identified as unlicensed during an enumeration
conducted pursuant to Article 7 of the New York State Agriculture
and Markets Law.
C.
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog, detection dog, police
work dog or therapy dog. Each license for any such dog shall be conspicuously
marked by the Clerk, "guide dog," "hearing dog," "service dog," "working
search dog," "war dog," "detection dog," "police work dog," or "therapy
dog," as applicable.
Except as otherwise provided in Article 7 of the New York State
Agriculture and Markets Law, and/or under any other provision of this
article, all fees, fines and/or penalties collected upon the application
for a license and/or the prosecution of any violation of this article
shall be the property of the City of Oneida.
A.
Each dog licensed pursuant to this article shall be assigned, at
the time the dog is first licensed, a permanent official identification
number. The official identification number shall constitute the official
identification of the dog to which it is assigned, regardless of changes
of ownership, and the number shall not be reassigned to any other
dog during the lifetime of the dog to which it is assigned. Such identification
number shall be carried by the dog on an identification tag which
shall be affixed to a collar on the dog at all times, provided that
a dog participating in a dog show shall be exempt from this requirement
during such participation.
B.
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Should an official City of
Oneida dog tag be lost, a new tag will be issued upon payment of the
fee prescribed by resolution of the Common Council.
C.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
D.
The size, shape and form of imprints on identification tags shall
be prescribed by the City Clerk, and any tag bearing an imprint other
than that prescribed shall not constitute valid identification for
the purposes of this article.
A.
In the event of a change in the ownership of any dog which has been
assigned an official City of Oneida identification number or change
in the address of the owner of record of any such dog, the owner of
record shall, within 10 days of such change, file with the City Clerk
a written report of such change. Such owner of record shall be liable
for a violation of this article until such filing is made, or until
the dog is licensed in the name of the new owner.
B.
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, file with the City Clerk a written
report of such loss or theft. In the case of a loss or theft, the
owner of record of any such dog shall not be liable for any violation
of this section, and/or of any violation of Article 7 of the New York
State Agriculture and Markets Law committed after such report is filed.
C.
In the case of a dog's death, the owner of record shall so notify
the City Clerk, in writing, either prior to renewal of licensure or
upon the time of such renewal as set forth in this article. Failure
to notify the City Clerk of the death of a dog as so required herein
shall constitute a violation, and the owner of record shall be liable
for such violation.
A.
It shall be a violation, punishable as provided in § 17-23B of this article, for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
article;
(3)
Any person to knowingly affix to any dog any false or improper identification
tag;
(4)
Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose required pursuant to this
article and/or Article 7 of the New York State Agriculture and Markets
Law;
(5)
Any person to furnish any false or misleading information on any
form required to be filed with the City of Oneida pursuant to this
article and/or Article 7 of the New York State Agriculture and Markets
Law;
(6)
The owner or custodian of any dog to fail to exercise due diligence
in handling his or her dog if the handling results in harm to another
dog that is a guide, hearing or service dog;
(7)
The owner of a dog to fail to notify the City Clerk of any change
of ownership or owner's address as required by this article.
B.
It shall be the duty of the Dog Control Officer of the City of Oneida,
with the assistance of the City Attorney, to prosecute an action or
proceeding against any person who has committed within the City of
Oneida any violation of this article and/or Article 7 of the New York
State Agriculture and Markets Law. The Dog Control Officer may elect
either to prosecute such action as a violation under the penal law
or as a civil action to recover a civil penalty. A violation of this
section shall be punishable, subject to such an election, by a fine
or penalty of not less than $25, and not more than $250, except that
(1)
Where the person was found to have violated this section and/or Article
7 of the New York State Agriculture and Markets Law within the preceding
five years, the fine or penalty may be not less than $50; and
(2)
Where the person was found to have committed two or more such violations
within the preceding five years, the subsequent violation shall be
punishable by a fine or penalty of not less than $100 or imprisonment
for not more than 15 days, or both.
C.
A defendant charged with a violation of any provision of this article
may plead guilty to the charge in open court. He may also submit to
the magistrate having jurisdiction, in person, by duly authorized
agent, or by mail, a statement:
(1)
That he waives arraignment in open court and the aid of counsel;
(2)
That he pleads guilty to the offense charged;
(3)
That he elects and requests that the charge be disposed of and the
fine or penalty fixed by the court;
(4)
Reciting any explanation that he desires to make concerning the offense
charged; and
(5)
That he makes all statements under penalty of perjury. Thereupon
the magistrate may proceed as though the defendant had been convicted
upon a plea of guilty in open court; provided, however, that any imposition
of fine or penalty hereunder shall be deemed tentative until such
fine or penalty shall have been paid and discharged in full. If, upon
receipt of the aforesaid statement, the magistrate shall deny the
same, he shall thereupon notify the defendant of this fact, and that
he is required to appear before the said magistrate at a stated time
and place to answer the charge which shall thereafter be disposed
of pursuant to the applicable provisions of law.
D.
Each day that a person is in violation of any provision of this article
shall constitute a separate offense, with each such offense being
subject to the fines and penalties set forth herein.
