City of Auburn, NY
Cayuga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Auburn 3-28-1991 by L.L. No. 2-1991 as Ch. 54 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 210.
Nuisances — See Ch. 213.
This chapter shall be known and may be cited as the "City of Auburn Animal and Fowl Ordinance."
A. 
No person shall permit or cause any animals, domestic or wild, under his or her ownership or control to run at large upon any public street, place or park nor on any private property within the City of Auburn, except cats.
B. 
Exception. Dogs shall be restrained as provided in Article II of this chapter.
A. 
No person shall injure, annoy, unnecessarily disturb or harm any bird or squirrel in any place in the City.
B. 
Exceptions. Pigeons, Starlings and English Sparrows may be trapped and humanely disposed of. Additionally, when it is declared in the best interest of the City, the City is free to conduct programs which utilize nonlethal methods to remove and/or disperse certain birds from various areas throughout the City.
[Amended 12-8-2005 by Ord. No. 18-2005]
No person shall leave any horse or similar animal in any public place unless it is securely hitched or tied or kept under the control of a suitable person.
[Amended 10-31-1996 by Ord. No. 37-1996; 6-24-1999 by Ord. No. 13-1999]
A. 
It shall be unlawful for any person to keep, permit to be kept, to exhibit, to temporarily hold or to breed any dangerous, wild, poisonous or venomous or vicious animal of any kind in the City of Auburn, including but not limited to alligators, bears, boa constrictors, vicious animals of the cat and dog family, coyotes, crocodiles, falcons, ferrets (with the exception of domesticated ferrets), foxes, hawks, possums, pythons, raccoons, reptiles, snakes and wolves.
B. 
It shall be unlawful for any person to keep, permit to be kept, to exhibit, to temporarily hold or to breed any farm animals, including but not limited to horses, ponies, livestock, cattle, goats, sheep, pigs, mules, donkeys, chickens and other animals customarily kept on a farm, but not including common household pets.
Any violation of this article shall be punishable as provided in Chapter 1, § 1-18 of the Municipal Code.
[Amended 10-24-1991; 6-3-2004 by Ord. No. 10-2004; 1-26-2006 by Ord. No. 1-2006; 3-13-2008 by Ord. No. 1-2008; 12-21-2010 by Ord. No. 17-2010[1]]
[1]
Editor's Note: This ordinance provided an effective date of 1-1-2011.
The purpose of this article is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage within the City of Auburn, New York.
As used in this article, unless the context or subject matter otherwise requires:
AT LARGE
Any dog shall be deemed at large when it is off the property of its owner and not under restraint of a competent person.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the City to assist in the enforcement of this chapter or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the City to assist in the enforcement of this chapter.
OWNER
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.
RESTRAINT (LEASH LAW)
A dog must be controlled by a leash having a maximum length of six feet while off the owner's premises. A dog is considered under restraint if it is controlled by a leash having a maximum length of six feet, within a vehicle being driven or parked on the street, or within the property limit of its owner or keeper with a restraint or fencing, or upon the premises of another with the consent of such other person and restrained or confined to a fenced area. A retractable leash may be used as a restraint provided that the retractable leash is set and locked at six feet when the dog is in the immediate vicinity of persons or is on a sidewalk area.
A Dog Control Officer shall be appointed by the City Manager for the purposes and shall have all the powers and duties contained in § 113 of the Agriculture and Markets Law.
A. 
No owner shall permit or allow a dog to run at large within the City of Auburn unless such dog shall be restrained as provided in the definition of "restraint" in § 104-8.
B. 
No unspayed female dog in season shall be permitted to be outside a building or a fenced enclosure.
C. 
No owner shall keep or harbor a dog which howls or barks habitually or continuously so as to disturb the peace and quiet of other persons.
D. 
No dwelling unit shall have more than three licensed dogs on the premises of said dwelling unit, unless such dwelling is a licensed kennel.
A. 
Licensing.
(1) 
Application for original license.
(a) 
The owner of any dog reaching the age of four months shall immediately make application to the City Clerk for a dog license on a form provided by the City Clerk's office. No license shall be required for any dog which is under the age of four months and which is not at large, or any dog that is residing in a pound or shelter maintained by or under contract or agreement with the State of New York or any county, city, or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association.
(b) 
In the case of an unlicensed dog being redeemed by the owner or a dog being adopted from a shelter or pound, the City Clerk and the manager of the facility shall establish a licensing procedure that is agreeable and beneficial to both the City of Auburn and the shelter or pound.
(2) 
Rabies vaccination required. All applications for a dog license shall be accompanied by a valid rabies certificate signed by a licensed veterinarian or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog is too young to be vaccinated or, because of old age or another reason, the life of the dog would be endangered by the administration of vaccine. A copy of the rabies certificate or certified statement shall be made and attached to the Clerk's copy of the application. In the case of an unlicensed dog being redeemed by the owner or a dog being adopted from a shelter, copies shall be forwarded to the City Clerk. Such records shall be kept on file by the City Clerk and be made available upon request for rabies and other animal disease control efforts.
(3) 
Spay/neuter certificates. In the case of a spayed or neutered dog, every application shall 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. 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.
(4) 
License. Upon receiving a complete application, the required documents and the fee, the City Clerk shall issue a license and tag. The City Clerk's copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU-1 issued by the New York State Archives and Records Administration.
(5) 
Expiration of license. An original license shall be issued for a period of one year and shall expire on the last day of the month one year from the date of issue.
(6) 
License renewal.
(a) 
License renewal forms shall be mailed by the City Clerk.
(b) 
A new rabies certificate shall be required if the one on record has expired or expires within 30 days of the date of renewal. An in-lieu-of statement as described in Subsection A(2) of this section may be substituted for a rabies certificate. New rabies certificates and statements shall be copied and attached to the City Clerk's copy of the renewal.
(c) 
A spay/neuter certificate shall not be required if one is already on file with the City Clerk. In a case where the dog has been altered during the preceding year, the certificate shall be presented to the City Clerk in order to receive the reduced fee for an altered dog. The City Clerk shall make a copy of the certificate and attach it to the original license on file.
(d) 
The renewal shall expire on the last day of the month in the same month that it was originally issued. (i.e., a license originally issued in January will always expire in January.)
(e) 
Renewing early or late does not change the renewal month. However, owners having more than one dog may request common renewal dates for their licenses, which may be granted at the discretion of the City Clerk, provided that all other licensing and renewal requirements are met. No licensing fees will be prorated, refunded, or waived when accommodating such a request.
(f) 
Upon renewal the City Clerk shall provide a validated license to the owner. The Clerk's copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU-1 issued by the New York State Archives and Records Administration.
(7) 
Identification of dogs.
(a) 
When a dog is originally licensed, a City of Auburn identification number will be assigned, and an identification tag shall be issued, which shall be worn by the dog at all times.
(b) 
Existing New York State Agriculture and Markets dog licenses being renewed or transferred from another municipality shall be assigned a City of Auburn identification number, and an identification tag shall be issued. The New York State Agriculture and Markets tag or other municipality's tag shall be discarded, and the City of Auburn tag shall be worn by the dog at all times.
(c) 
A dog participating in a dog show is exempted from wearing an identification tag only for the duration of the show.
(d) 
No identification tag shall be affixed to the collar of any dog other than the one to which it was assigned.
(e) 
Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be issued a City of Auburn identification tag and a Cayuga County Working Dog tag. Both tags shall be worn by the dog at all times.
(f) 
Lost tags shall be replaced at the expense of the owner at a fee set by the Auburn City Council.
(8) 
Change of address. When there is a change of address for the owner of record, the owner shall notify the City Clerk's office of such change. If the change is still within the City of Auburn, the City Clerk will make the appropriate updates to the dog license record. If the change is located outside the City of Auburn, the City Clerk shall make a note in the record and cancel the license. The Clerk shall forward a copy of the license to the Clerk of the municipality to which the owner has moved, informing said Clerk that the dog now resides in their municipality.
(9) 
Change of ownership. In the event of a change in the ownership of any dog licensed in the City of Auburn, the new owner shall immediately make application for a license for such dog. Additionally, the original owner of record shall notify the City Clerk's office of the change of ownership. Such original owner of record shall be liable for any violation under this article until such filing is made or until the dog is licensed in the name of the new owner.
(10) 
Lost, stolen or deceased dog. If any dog which has been licensed in the City of Auburn is lost, stolen or deceased, the owner of record shall notify the City Clerk's office within 10 days of the discovery of such loss, theft or death.
(11) 
Lists of licensed dog owners. No dog licensing records, information, or lists shall be made available to any person or company for commercial purposes.
(12) 
Purebred licenses.
(a) 
Purebred licenses are offered in the City of Auburn as an alternative to individual licenses for owners actively involved in the breeding and sale of purebred dogs.
(b) 
To qualify for a purebred license, a person must own five or more purebred dogs, and at least five of those dogs must be unaltered.
(c) 
At the time of application, the City Clerk shall assign a purebred license identification number. Application for a purebred license shall be on a form provided by the City Clerk and shall include rabies vaccination certification as specified in Subsection A(2) of this section for every dog listed on the license, a copy of which shall be kept on file by the City Clerk.
(d) 
Copies of registry papers for every dog or a comprehensive list of registry numbers and associations shall be required and filed with the Clerk's copy of the license.
(e) 
All dogs over four months of age must be listed and included in the purebred license.
(f) 
Purebred licenses shall be issued for one year and renewed annually.
(g) 
All applications for and renewals of purebred licenses shall be accompanied by a fee as set by resolution of the City Council. In addition, an assessment of $3 for each unaltered dog and $1 for each altered dog shall be added for the purpose of carrying out animal population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. No fee or portion thereof shall be refundable once the license is issued.
(h) 
The City Clerk may request that the Dog Control Officer verify the number of dogs being claimed on any purebred license.
(i) 
No purebred license is transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall immediately make application for a license pursuant to Subsection A(1) of this section, except when the new owner holds a valid purebred license and adds the dog to such purebred license.
B. 
License fees. Pursuant to the Auburn City Code and Consolidated Fee Schedule, the license fees for dogs in the City of Auburn shall be:
(1) 
For spayed and neutered dogs:
(a) 
One year: $7.50.
(b) 
Two years: $15.
(c) 
Three years: $22.50.
(2) 
For unspayed and unneutered dogs:
(a) 
One year: $15.50.
(b) 
Two years: $31.
(c) 
Three years: $46.50.
(3) 
All revenue derived from such fees shall be the sole property of the City of Auburn and shall be used only for controlling dogs and enforcing this article and Article 7 of New York State Agriculture and Markets Law. Said revenue may also be used to subsidize the spaying or neutering of dogs, to subsidize any facility as authorized under Article 7 of New York State Agriculture and Markets Law, and to subsidize public humane education programs related to responsible dog ownership.
(4) 
In no event shall any money derived from license fees be used to subsidize the spaying or neutering of cats or animals other than dogs.
(5) 
No license fees are refundable in the event that a dog is lost, stolen, sold, given away, surrendered or deceased before the expiration of the license.
(6) 
An additional fee may be established by resolution of the Auburn City Council should a dog be identified as unlicensed during an enumeration. Such additional fee shall be the property of the City of Auburn and shall be used to pay the expenses incurred while conducting the enumeration. In the event the additional fees collected exceed the expenses incurred, such excess fees may be used for enforcing this article and for spaying or neutering dogs.
(7) 
In addition to the fees set by the City Council, an additional New York State spay/neuter surcharge shall be assessed for the purpose of carrying out population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. Money derived from such additional assessment may be used to subsidize the spaying and neutering of cats as well as dogs pursuant to Article 7 of New York State Agriculture and Markets Law.
(8) 
Any owner who has attained 65 years of age and is required to obtain a dog license shall be exempt from payment of any license fee specified in this article.
Pursuant to the provisions of § 118 of the Agriculture and Markets Law of the State of New York and the Auburn City Code, owning, keeping or harboring a dog within the City of Auburn, unless such dog is licensed as required by the provisions of the Agriculture and Markets Law and the Auburn City Code, shall be an offense punishable as set forth herein.
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
DANGEROUS DOG
Any dog which is defined pursuant to Article 7, § 108, of the New York State Agriculture and Markets Law, Paragraph 24(a). Said definition is incorporated herein and reads as follows: "Dangerous dog means any dog which (i) without justification attacks a person, companion animal as defined in subdivision five of section three hundred fifty of this chapter; farm animal as defined in subdivision four of section three hundred fifty of this chapter or domestic animal as defined in subdivision seven of this section and causes physical injury or death, or (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or (iii) without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death."
VICIOUS DOG
Any dog which:
(1) 
Has caused death or serious injury to a person engaged in a lawful activity;
(2) 
Has, on two or more occasions within a twelve-month period, bitten without provocation a person engaged in a lawful activity;
(3) 
Has, on two or more occasions within a twelve-month period, while off the property of its owner and without provocation, killed or seriously injured another animal; or
(4) 
Has been trained for dog fighting or is owned or kept for the purpose of dog fighting.
B. 
Regulation and adjudication of dangerous dogs. Dangerous dogs shall be regulated and adjudicated pursuant to Article 7, § 123 of the Agriculture and Markets Law and shall be subject to the conduct adjudication and findings set forth in said section.
(1) 
Any dog which has been adjudicated a dangerous dog shall be subject to restraint on a leash by an adult of at least 21 years of age whenever the dog is on public premises and shall be muzzled, and the muzzling of the dog shall occur whenever it is on public premises in the manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.
(2) 
All other provisions of Article 7, § 123, of the Agriculture and Markets Law shall be applicable in relation to the regulation of dangerous dogs.
C. 
General provisions.
(1) 
It shall be unlawful for any person to keep within the City of Auburn any vicious dog. Upon a finding that a dog is vicious, a court of competent jurisdiction may order the dog to be impounded and destroyed or to be removed from the City of Auburn.
(2) 
It shall be unlawful for any person to keep within the City of Auburn any dangerous dog, except in compliance with § 104-20D.
D. 
Complaints.
(1) 
Any person may make a verbal or written complaint pursuant to § 123 (1 and 2) of the Agriculture and Markets Law, to the City Dog Control Officer of a dog which the complainant believes to be dangerous. The complaint shall include sufficient information to enable the Dog Control Officer to ascertain the location and owner of the dog and shall also include the reasons why the complainant believes the dog to be dangerous.
(2) 
After receipt of the complaint, the Dog Control Officer shall undertake an investigation to determine whether the dog identified in the complaint is dangerous. Such investigation shall include an opportunity for the owner of the dog to present evidence to the Dog Control Officer pertinent to the dangerousness of the dog, and may include interviews with the complainant and other persons having personal knowledge regarding the dog and observations of the dog in its normal habitat.
(3) 
Upon completion of the investigation, the Dog Control Officer shall determine whether there is probable cause that the dog identified in the complaint is vicious or dangerous. Upon the determination that such probable cause exists, the Dog Control Officer shall prepare and file the necessary documents with the Auburn City Court commencing judicial proceedings in accordance with §§ 122 and 123 of the Agriculture and Markets Law.
There shall be excluded from the provisions of this article any dogs which are defined pursuant to § 108 of the Agriculture and Markets Law as a guide dog, hearing dog, service dog, working search dog, therapy dog, detection dog, and any other dogs which are utilized by law enforcement agencies within the jurisdiction of the City of Auburn and are professionally trained service animals utilized for people with disabilities in the performance of its trained duties.
The Dog Control Officer and any peace officer authorized by the City to assist in the enforcement of this chapter and Article 7 § 122(2)(c) of the Agriculture and Markets Law shall have the authority to issue an appearance ticket, pursuant to the Criminal Procedure Law.
Dogs shall be seized, impounded, redeemed or adopted pursuant to Agriculture and Markets Law § 117, subject to the provisions of § 104-17.
A. 
Any person charged with a violation of § 104-10A, B, C or D or § 104-12 shall be issued a civil penalty notice by the Dog Control Officer requiring payment to the City of Auburn, within seven days of the receipt of a civil penalty notice, of a civil penalty in accordance with the below schedule:
(1) 
For a first offense, a civil penalty in the amount of $25.
(2) 
For a second offense within the preceding five years, a civil penalty in the amount of $50.
(3) 
For a third offense and beyond within the preceding five years, a civil penalty in the amount of $100.
B. 
In the event the person so charged fails to pay said civil penalty within the time prescribed therefor, the Dog Control Officer may issue an appearance ticket in accordance with Article 150 of the Criminal Procedure Law requiring the person so charged to appear in Auburn City Court to answer such violation.
(1) 
The person so charged may enter a plea as set forth in Agriculture and Markets Law, § 118, Subdivision 3.
(2) 
The City Court may, at its discretion, impose such fines as are allowed by Agriculture and Markets Law § 118, Subdivision 2(a).
C. 
Civil penalties shall be paid directly to the City Clerk, and any and all fines imposed by City Court shall be collected by City Court and thereafter remitted to the City Clerk.
A. 
In addition to the penalties and fines set forth above, upon the seizure of a dog by the Dog Control Officer for any violation of this article, to redeem said dog the owner must furnish proof that the dog has been licensed pursuant to the Agriculture and Markets Law and must pay the following impoundment fees:
(1) 
For a first offense, a sum of $25 plus a boarding charge of $11 per day for each day or part thereof of impoundment.
(2) 
For a second offense within the preceding five years, a sum of $50 plus a boarding charge of $11 per day or part thereof of impoundment.
(3) 
For a third offense within the preceding five years, a sum of $100 plus $11 per day or part thereof of impoundment.
B. 
All such impoundment fees and the cost of boarding the dog shall be paid by the owner directly to the City Clerk. If the fees and boarding costs are not paid within five days of notification by the City Clerk to the owner, the City may take the necessary steps to cause an owner to forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized, subject to the provisions of Subdivision 2-a, 2-b, 2-c, 2-d and 2-e of § 374 of the Agriculture and Markets Law.
C. 
The fees set forth herein may be amended at Council's discretion as a component of the City's budget and shall become effective July 1 of each fiscal year and shall remain in effect until the end of each designated fiscal year unless amended by Council during the fiscal year.
Any owner or person having custody of any dog or any other animal shall not permit said dog or any other animal to defecate on any school ground, public street, alley, sidewalk, tree bank, park or other public grounds or on any private property within the City, other than the premises of the owner or person having custody of said dog or other animal, unless said defecation is removed immediately. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary. A violation of this section shall be punishable by an imposition of a civil penalty pursuant to § 104-16A of this chapter.
No person shall keep or harbor a dog which howls or barks in violation of this section.
A. 
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:
(1) 
For more than five minutes between the hours of 10:00 p.m. and 8:00 a.m.;
(2) 
For more than 15 minutes between the hours of 8:00 a.m. and 10:00 p.m.; or
(3) 
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.
(4) 
Howling, barking or other noise made by a dog which is determined to be unreasonable, taking into account the following factors:
(a) 
The proximity of the noise to residential property.
(b) 
The time of the day or night when the noise occurs.
(c) 
The time duration of the noise.
(d) 
Whether the noise is repetitive.
(e) 
The volume of the noise.
(f) 
The existence of complaints concerning the noise from persons living or working in the vicinity of the noise and who are affected by it.
(g) 
Malicious provocation resulting from such activity as trespass, vandalism or badgering.
B. 
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.
C. 
A violation of this section shall result in the imposition of a civil penalty pursuant to § 104-16A of this chapter.
A. 
No dog kennel as defined in § 305-43 of the City of Auburn Zoning Ordinance shall be permitted within the City of Auburn except within the General Industrial District (I) as set forth in § 305-54B(2) of said Zoning Ordinance.
B. 
No dog kennel shall be constructed, kept or maintained:
(1) 
In the front or side yard of any dwelling.
(2) 
On the premises of any two-family dwelling or multiple dwelling or apartment house except with the permission of an owner of the premises who uses such premises as his actual residence and domicile.
C. 
No resident of any two-family dwelling, multiple dwelling, townhouse or apartment house shall keep more than one dog in or on such premises.
D. 
In the event that a tenant resides in a premises not owned by him or her, it shall be the responsibility of the person or landlord who rents the premises to the tenant to notify the Auburn City Clerk that the tenant harbors a dog or dogs, and must supply all contact information for the tenant, including telephone numbers for home, work and cell phone, if available.
All other enabling and regulatory provisions contained in Article 7 of the New York State Agriculture and Markets Law effective January 1, 2011, which are not referenced specifically in this article, are incorporated by reference herein.