As used in this article, the following terms shall have the meanings indicated:
- To provide food or shelter to any domesticated pets.
- Any person who harbors or keeps any domesticated pets. In the event that any such animal found in violation of this article shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent, guardian or head of household of such person.
It shall be unlawful for any owner of any dog to permit or allow such dog, in the City of Oneonta, to be at large. All dogs shall be restrained upon a leash not over six feet in length while off the owner's premises.
It shall be unlawful for any owner of any dog to permit or allow such dog, in the City of Oneonta, to engage in habitual and/or continuous howling, barking or crying for an unreasonable length of time to the annoyance of person other than the owner.
Any person who is the owner, keeper, harborer, person in charge of or person walking a dog within the City of Oneonta shall immediately pick up any feces expelled by such dog on any property, the owner of which has not given permission therefor, and deposit them in a container lawfully used for the disposal of refuse. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.
It shall be unlawful for any owner of any unneutered or unspayed cat to permit or allow such cat to be at large within the City of Oneonta. A violation of this section shall be deemed to have occurred upon the impoundment of such a described cat or upon investigation and determination by the Animal Control Officer (ACO) of such a violation.
It shall be unlawful for any owner of any ferret to permit or allow such ferret to be at large within the City of Oneonta.
It shall be unlawful for any person, other than the owner or person with permission of the owner, to remove from any domesticated pet within the City of Oneonta any collar, tag or other identification, except when removal is necessary to ensure the immediate health and/or safety of the animal.
It shall be unlawful for any person to interfere with, hinder, molest or abuse any Animal Control Officer, Health Officer or other official in the performance of their duties under this article.
Any police officer, peace officer, when acting pursuant to his/her special duties, Dog Control or Animal Control Officer employed by or under contract to the City of Oneonta is hereby authorized or empowered to enforce this article and to receive and act upon citizen complaints in reference thereto.
Any dog found in violation of the provisions of this article may be seized pursuant to the provisions of Agriculture and Markets Law.
Any cat, ferret or other domesticated pet other than a dog believed to be strayed from or abandoned by its owner, and thereby at risk of death by starvation, predation, traffic or other hazard, may be seized by City police officers or animal control officers. If any such animal is seized by persons other than the above, such person shall contact the City Animal Control Department immediately or during the business hours immediately following such seizure to report such "found" animal.
The owner of any domesticated pet which has attacked or injured a human being shall, upon demand, deliver the possession of such animal to any officer authorized below to seize the same. Failing such delivery, the Health Officer, County Public Health Official, City Dog Control or Animal Control Officer and any police officer of the City, or person authorized by the aforementioned, is hereby authorized to seize such animal which is reported to have attacked or injured a human being. Such animal may be confined for such length of time as may be directed by the Health Officer or Public Health Official for the purpose of determining whether such animal is affected by rabies and, if so affected, may be humanely destroyed by the direction of and in the manner prescribed by such authority. Such animals may be released after a negative determination by the authorization of the above officers, provided that the redemption conditions prescribed in this article are met.
The Health Officer, County Public Health Official, City Dog Control or Animal Control Officer and any police officer of the City, or person authorized by the aforementioned, is hereby authorized to use any and all reasonable means necessary to seize and impound any of the animals described below.
Every animal seized shall be properly cared for, sheltered, fed and watered for the duration of the redemption periods set forth in this article and pursuant to the provisions of Agriculture and Markets Law.
Seized dogs may be redeemed by producing proof of licensing pursuant to the provisions of Agriculture and Markets Law and by paying the impoundment fees as set forth from time to time by the Common Council of the City of Oneonta.
Seized cats, ferrets and other domesticated pets may be redeemed by producing sufficient proof of ownership, proof of compliance with any state laws regarding the harboring of such animals, including but not limited to proof of rabies vaccination if required, and by paying impoundment fees as set forth from time to time by the Common Council of the City of Oneonta.
If the owner of any impounded dog, cat, ferret or other domesticated pet be known, such owner shall be required to pay the impoundment fees incurred, regardless of whether such owner chooses to redeem his or her animal.
Any animal unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of Agriculture and Markets Law.
[Amended 8-16-2016 by Ord. No. 5-2016]
It shall be the duty of each owner or person having custody of an animal within the City of Oneonta to conform to the provisions of this article, and any said owner or custodian of any animal seized pursuant to the provisions of this article shall be liable to the penalty imposed for a violation of this article as set forth in § 68-14. In addition to the foregoing, the owner or person having custody of an animal, whose animal has been seized or impounded within the City of Oneonta, will be subject to the following redemption periods and required to pay the City of Oneonta impoundment fees when the animal is reclaimed from the City facility. Any and all fees incurred by the City of Oneonta will be paid by the owner. Redemption periods shall be counted from the day of impoundment, whether or not the animal shall be impounded in a City facility, a shelter contracted with or by the City or any combination thereof.
Dogs. The redemption periods for dogs shall be as follows, with stipulations as defined in the Agriculture and Markets Law:
Redemption periods for cats shall be no less than five days and shall be counted from the day of impoundment, whether the cat is harbored at the City facility, a shelter contracted with or used by the City or a combination thereof.
Impoundment and boarding fees for cats reclaimed at the City facility shall be determined by whether the cat is spayed or neutered, identified and does or does not have a current rabies vaccination and shall be as set from time to time by the Common Council of the City of Oneonta.
Ferrets and other domesticated pets. Redemption periods for ferrets and other pets shall be no less than five days. Sufficient proof of ownership and compliance with state and local laws must be shown to the satisfaction of the Animal Control Officer. Redemption fees shall be as set from time to time by the Common Council of the City of Oneonta.
Other charges for all impounded animals.
Further, in addition to the foregoing, the owner or person having custody of an animal whose animal was seized within the City of Oneonta and impounded will be required to reimburse the City of Oneonta for any disbursements made by the City for the humane care and treatment of the animal, including but not limited to veterinarian's services and any necessary treatment directed by the Health Officer or Public Health Official.
Dogs and cats over three months of age will not be released without proof of current rabies vaccination as long as the county declaration is in effect. A fee will be added to any reclaim fees of any dog or cat that requires a rabies vaccination prior to release.
Consistent with New York State Agriculture and Markets Law, local license fees shall be set from time to time by the Common Council of the City of Oneonta, with no less than a five-dollar differential between fees for neutered or unneutered dogs. No such fee shall at any time be in excess of the maximum fee authorized under New York State Law.
A violation of this article shall be punishable as prescribed in § 1-18 of this Code.