City of Watertown, NY Article IA Vicious and Dangerous Dogs

[Adopted 4-2-1990]

§ 81-13.1 Definitions.

As used in this Article, the following terms shall have the meanings indicated:

DANGEROUS DOG

Any dog which is capable of inflicting death or serious injury on a person or another animal and which:

A. Has, without provocation, bitten a person engaged in a lawful activity;

B. Has, while off the property of its owner and without provocation, killed or seriously injured another animal;

C. Has, without provocation, chased, confronted or approached a person on the street, sidewalk or other public property in a menacing fashion such as would put an average person of fear of attack;

D. Has exhibited a propensity, tendency or disposition to attack while off the property of its owner, cause injury or threaten the safety of persons or other animals without provocation; or

E. Has acted in a manner that causes or should cause its owner to know that it is potentially vicious.

VICIOUS DOG

Any dog which:

A. Has caused death or serious injury to a person engaged in a lawful activity;

B. Has, on two or more occasions within a twelve-month period, bitten without provocation a person engaged in a lawful activity;

C. 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

D. Has been trained for dog fighting or is owned or kept for the purpose of dog fighting.

§ 81-13.2 General provisions.

A. It shall be unlawful for any person to keep within the City of Watertown 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 Watertown.

B. It shall be unlawful for any person to keep within the City of Watertown any dangerous dog, except in compliance with § 81-13.4.

§ 81-13.3 Complaints.

A. Any person may make a verbal or written complaint to the City Dog Control Officer of a dog which the complainant believes to be vicious or 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 vicious or dangerous.

B. Within 10 days of the making of the complaint, the Dog Control Officer shall undertake an investigation to determine whether the dog identified in the complaint is vicious or dangerous. Such investigation shall include an opportunity for the owner of the dog to present evidence to the Dog Control Officer pertinent to the viciousness or dangerousness of the dog, and may include interviews with the complainant and other person having personal knowledge regarding the dog and observations of the dog in its normal habitat.

C. Upon completion of the investigation, the Dog Control Officer shall determine whether the dog identified in the complaint is vicious or dangerous.

(1) If the Dog Control Officer determines that the dog is neither vicious nor dangerous, the Dog Control Officer shall inform the complainant and the owner of the determination, and no further action shall be taken on the complaint.

(2) If the Dog Control Officer determines that the dog is vicious, the Dog Control Officer shall put the determination in writing, as well as the reason supporting it. The Dog Control Officer shall then forward this written determination to the complainant and the owner and, in addition, shall notify the owner that the dog must be destroyed or removed from the City of Watertown. The Dog Control Officer may issue an appearance ticket against the owner of a vicious dog and immediately impound the dog.

(3) If the Dog Control Officer determines that the dog is dangerous, the Dog Control Officer shall notify the Chief of Police of the City of Watertown and the owner. In addition, the Dog Control Officer will present to the dog owner a copy of the Code of the City of Watertown, § 81-13.4, regarding the regulation of dangerous dogs.

§ 81-13.4 Regulation of dangerous dogs.

A. No owner of a dog known to have or who, at any time, demonstrates a vicious propensity and/or falls within the definition of "dangerous dog" as herein defined, shall at any time leave such dog unattended in any place, in or out of any building or property, except that such dog may be on the premises or property of such owner, provided that when such dog is out-of-doors on the premises or property of said owner, it is confined within a fenced area or yard with a fence no less than six feet in height and adequate to prevent such dog from leaving said yard or area. In addition, there must be a warning sign posted in a clearly visible location at this property or premises such that they can be seen by any person before they might enter such premises or property informing them that a dangerous dog is present on the premises.

B. Such dog, when out of doors on the premises or property of such owner, shall, in addition to being confined in a fenced yard or area, be restricted by a secured chain sufficient so as to prevent such dog from reaching a distance less than two feet from such fence at any point within the fenced yard or area.

C. Any dangerous dog which is in a public place shall not only be in the continuous control of its owner, but shall be restrained by a leash of not greater than four feet in length, of metal or other construction permitted by the City, and said dog shall at all times wear a muzzle of a type and form specified and approved by the City.