City of Batavia, NY Animals

As used in this article, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:

AT LARGE

Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is:

(1)

A guide dog actually leading a blind person;

(2)

A police work dog in use for police work; or

(3)

Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.

DOG

Any member of the species canis familiaris.

DOG CONTROL OFFICER

Any individual appointed by the City to assist in the enforcement of this article 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 article.

DANGEROUS OR VICIOUS DOG

(1)

Any dog:

(a)

Which, without provocation, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack;

(b)

With a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger or threaten the safety of human beings or domestic animals;

(c)

Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal or household pet without provocation, on public or private property; or

(d)

Which is owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

(2)

No dog may be declared vicious if the threat, injury or damage was sustained by a person who, at the time such threat, injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog.

(3)

No dog may be declared vicious if it is used by law enforcement officials for law enforcement work.

ENCLOSURE

A fence of at least six feet in height, or other structure, such as a pen, forming or causing an enclosed area suitable to prevent the entry of young children, or any part of their bodies, and suitable to confine vicious dogs in conjunction with other measures which may be taken by the owner or the keeper, such as the tethering of a vicious dog. Such other structure shall be securely enclosed and locked and designed with secure sides, top and bottom, and shall be designed to keep the animal from escaping therefrom. If the pen or other structure has no bottom secured to the sides, the sides must be embedded in the ground no less than one foot.

IMPOUNDED

Taken into custody or the public pound used by the City of Batavia.

IRRESPONSIBLE DOG OWNERSHIP

(1)

Any dog owner who has been convicted of any violation of this article on two occasions in a twelve-month period shall be designated an irresponsible dog owner. If a dog owner is convicted of a third violation of this article in a twelve-month period, all dogs may be confiscated and disposed of at the discretion of the Chief of Police, and no dog licenses shall be issued to anyone at the irresponsible dog owner's residence for a period of 36 months.

(2)

Any dog owner who has been convicted of a violation of § 40-6 or § 40-8 of this article on one occasion in a twelve-month period shall be designated an irresponsible dog owner. If a dog owner is convicted of a violation of § 40-6 or § 40-8 on a second occasion in a twelve-month period, all dogs may be confiscated and disposed of, at the discretion of the Chief of Police, and no animal licenses shall be issued to the irresponsible dog owner for a period of 36 months.

(3)

No person designated as an irresponsible dog owner shall sell or otherwise transfer ownership of any animal to another person residing at the same address.

LEASHED or RESTRAINED BY A LEASH

The dog is equipped with a collar or harness to which is attached a leash not to exceed six feet in length, 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.

MENACING FASHION

Means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

OWNER

Any person who harbors or keeps any dog.

PERSON

A natural person or any legal entity, including but not limited to a corporation, partnership or trust.

WITHOUT PROVOCATION

Means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.

All other words and phrases used in this article shall, for the purpose of this article, have the meanings respectively ascribed to them by § 108 of the Agriculture and Markets Law.

§ 40-3 Purpose.

The purpose of this article shall be to preserve the public peace and good order in the City, and to contribute to the public welfare, safety and good order of its people by establishing certain regulations and restrictions on the activities of dogs and owners of dogs that are consistent with the rights and privileges of other residents of the City. This article is enacted pursuant to Agriculture and Markets Law § 124.

§ 40-4 Dog Control Officer.

A Dog Control Officer shall be appointed for the City of Batavia for the purposes and shall have all the powers and duties contained in § 114 of the Agriculture and Markets Law.

§ 40-5 Restrictions on running at large.

No dog shall be permitted to run at large within the City of Batavia, New York.

No unspayed female dog in season shall be permitted to be outside a building or a fenced enclosure.

No dog shall be permitted upon the public streets or upon any public property within the City of Batavia unless it shall be accompanied by an adult or by a minor who is able to restrain and control said dog and unless such person accompanying said dog shall actually control and restrain said dog by a leash.

§ 40-6 Prohibited nuisances.

No person, being the owner or agent of the owner of any dog, shall permit such dog to commit any nuisance within the City of Batavia or cause damage to the person or property of others. The following are declared public nuisances and are set forth herein for explanatory purposes only, and are not to be considered as excluding other types of nuisances:

Engaging in loud howling or habitual barking or so conducting itself in such a manner so as to disturb the public peace.

The owner of a dog shall not permit such dog, even though leashed, to do any of the following acts:

(1)

Enter public buildings, restaurants, stores or cemeteries, except Seeing Eye dogs properly trained to assist blind persons, when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.

(2)

Damage or deface property not belonging to the owner of the dog.

(3)

Deposit waste or commit a nuisance on the private property of a person or party other than that of the owner of the dog.

To own or keep a dog which acts in a manner as to justify the belief that it is vicious. Any dog which shall have bitten any person or has killed any other domesticated animals within the City and while off the owner's property shall be presumed to be a vicious dog.

§ 40-7 Potentially rabid dog.

The Dog Control Officer or any peace 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 of such dog 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.

The owner of such dog shall, upon demand, deliver the possession of such dog to the Dog Control Officer, or any officer authorized to seize same, and shall, upon demand, pay to the City the cost of confinement and treatment of the dog.

§ 40-8 Seizure of vicious dogs.

A Dog Control Officer who has probable cause to believe that a dog is vicious, as defined in this article, shall immediately demand that possession of the dog be forthwith relinquished to said Dog Control Officer, who shall impound said dog and notify the owner of said impoundment. The owner of such dog may request the City Court to conduct a hearing within 15 days from the notification of the dog's impoundment, to determine if the dog is vicious. Upon such hearing, all interested persons shall have the opportunity to present evidence on the issue of the dog's viciousness. If no such hearing is requested within 15 days from the notification of the dog's impoundment, the dog shall become the property of the City.

After a finding that the dog is vicious as defined in this article, it is in the Court's discretion to order the dog destroyed or to return the dog to the owner upon satisfaction of the following conditions:

(1)

The owner obtained general liability insurance in the amount of $100,000 for any injury which the dog may cause, naming the City of Batavia as an additional insured for the purpose of receiving notification of termination. It shall be the duty of said dog owner to maintain such insurance policy in force so long as the dog shall be present in the City of Batavia.

(2)

The owner shall obtain from the City Clerk a conspicuously colored collar identifying the dog as dangerous. Said collar shall remain on the dog at all times.

(3)

The owner shall obtain a leash and muzzle for said dog. Such leash shall have a maximum length of three feet and shall have a minimum tensile strength of 300 pounds. It shall be unlawful, at all times thereafter, to allow said dog to leave the owner's home or enclosure, as defined herein, upon the owner's property unless said dog is muzzled, collared and tethered and under the control of a person at least 18 years of age,

(4)

Registration. The City Clerk or his/her designee shall require the owner of a vicious dog to register such dog with the City Clerk. The application for such registration shall contain the name and address of the owner, the breed, age, sex, color and any other identifying marks of the dog, the location where the dog is kept, if not at the address of the owner, and any other information which the City Clerk or his/her designee shall require. The application for registration pursuant to this subsection shall be accompanied by a registration fee of $30. Each dog registered pursuant hereto shall be assigned an official registration number by the City Clerk. Such registration number shall be tattooed at the owner's expense in the manner prescribed by the City Clerk. The certification of registration shall be of such form and design and shall contain such information as the City Clerk shall prescribe and shall be issued to the owner upon payment of the registration fee and presentment of sufficient evidence that the owner has complied with all the orders of the City Clerk as prescribed at the determination hearing.

(5)

The owner or keeper shall display a sign on his or her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public highway or street.

(6)

The owner of the dog shall have the dog sterilized.

(7)

The dog shall not be returned to any person under the age of 18.

A Dog Control Officer who has probable cause to believe that a dangerous dog is being possessed in violation of this article shall immediately demand that possession of the dog be forthwith relinquished to said Dog Control Officer, who shall impound said dog until the article has been complied with and all fines paid.

§ 40-9 Liability of owner for injuries by vicious dogs.

If any dangerous or vicious dog causes injury to a person or domestic animal or damage to property while out of or within the enclosure of the owner of the dog, or while off the property of the owner, whether or not the vicious dog was on a leash and securely muzzled or whether the vicious dog escaped without the fault of the owner, the owner shall be liable to the person aggrieved by the injury for all damages sustained, to be recovered in a civil action.

§ 40-10 Notification of status of vicious dog.

The owner shall notify the Dog Control Officer immediately, but in no event more than 24 hours, if a vicious dog is loose, unconfined, has attacked any other animal, has attacked a human being or has died.

§ 40-10.1 Dog fighting; training to attack.

No person shall own or harbor any dog for the purpose of dog fighting or shall train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.

§ 40-10.2 Selling, breeding, buying or giving away dangerous or vicious dogs.

No person shall possess with intent to sell, offer for sale, give away, breed, buy, attempt to buy or receive as a gift within the City any dangerous or vicious dog.

§ 40-10.3 Penalties for offenses.

Any person who is found to have a dangerous or vicious dog pursuant to the provisions of this article:

(1)

Shall be punished by a fine of not more than $1,000, or 30 days in jail, or both. Each separate offense shall constitute an additional violation; and

(2)

Shall pay all expenses, including shelter, food and veterinary expenses, necessitated by the seizure of any dog for the protection of the public and such other expenses as may be required for the destruction of such dog.

Any person who is found to have violated any other provision of this article shall be guilty of an offense and may be punished as provided in Chapter 1, General Provisions, Article II, General Penalty.

§ 40-10.4 Provisions supplemental to state law.

The provisions of this article shall not supersede but rather shall be supplementary to the provisions of law contained in Article 7 (§ 106 et seq.) of the Agriculture and Markets Law and any other applicable ordinance, rule or regulation and successor laws, ordinances, rules and regulations.

§ 40-10.5 Appearance tickets.

The Dog Control Officer, in accordance with Subdivision 4 of Agriculture and Markets Law § 114, may issue an appearance ticket pursuant to the Criminal Procedure Law for any violation of this article.

Article II Dog License Fees

[Adopted 12-28-1981]

§ 40-11 License fees established.

[Amended 4-8-1991; 12-13-2010 by L.L. No. 1-2011[1]]

Owners of dogs in the City of Batavia shall pay:

Ten dollars and fifty cents for each spayed or neutered dog, plus the local surcharge mandated by New York State to be deposited into the New York State Animal Population Control Fund.

Fifteen dollars for each unspayed or unneutered dog, plus the local surcharge mandated by New York State to be deposited into the New York State Animal Population Control Fund.

Thirty-five dollars for each purebred license, plus the local surcharge mandated by New York State to be deposited into the New York State Animal Population Control Fund.

Guide dogs and other service dogs are exempt from license fees.

[1]

Editor’s Note: This local law provided an effective date of 1-1-2011.

§ 40-12 Incorporation of Agriculture and Markets Law.

All sections and provisions of Article 7 of the Agriculture and Markets Law including terms and definitions are hereby incorporated by reference.