[Adopted 4-19-1978 by L.L. No. 1-1978]
It is recognized that the running at large of dogs and the lack of proper control over dogs has resulted in damage to property and has endangered the health, safety and general welfare of residents of the City of Rensselaer, Rensselaer County, New York, and that the health, safety and general welfare of the residents of the City of Rensselaer, Rensselaer County, New York, will be promoted by legislation at the City level prohibiting the running at large of dogs and otherwise regulating the keeping of dogs within the confines of the City. It is not the intent of this article to supersede Article 7 of the New York State Agriculture and Markets Law. This Article is enacted under the general powers of the City of Rensselaer, Rensselaer County, New York, to enact local laws for the protection of the inhabitants of said City and pursuant to §§ 114-a and 126 of the New York State Agriculture and Markets Law.[1]
[1]
Editor's Note: Sections 114-a and 126 of the Agriculture and Markets Law were repealed by L. 1978, c. 220; see now Agriculture and Markets Law §§ 118 and 124.
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, and as thereafter amended.
[Added 12-1-2010 by L.L. No. 3-2010]
CITY
The City of Rensselaer, Rensselaer County, New York.
CITY CLERK
The Clerk of the City of Rensselaer, New York, authorized to issue dog licenses.
[Amended 12-1-2010 by L.L. No. 3-2010]
COMMON COUNCIL
The Common Council of the City of Rensselaer, Rensselaer County, New York.
DOG
Includes male and female.
[Amended 12-1-2010 by L.L. No. 3-2010]
DOG LICENSE AND TAG
Includes "dog license" and "dog tag."
[Amended 12-1-2010 by L.L. No. 3-2010]
DOG WARDEN/ANIMAL CONTROL OFFICER
Includes "dog warden" and "animal control officer."
[Amended 12-1-2010 by L.L. No. 3-2010]
OWNER
Includes a person harboring or keeping a dog.
TO RUN AT LARGE and RUNNING AT LARGE
To be, or being, on premises other than premises owned or occupied as a residence or business by the owner of the dog or a member of such owner's family without the permission of the owner of the property while not controlled by either a leash not exceeding eight feet in length or by a responsible person capable of controlling such dog, or to be, or being, on any public sidewalk, street, highway or road while not controlled by either a leash not exceeding eight feet in length or by a responsible person capable of controlling such dog.
It shall be unlawful for any owner of any dog to permit such dog, while in the City, to:
A. 
Run at large.
B. 
Chase or otherwise harass any person other than a trespasser.
C. 
Habitually chase or bark at motor vehicles or bicycles.
D. 
Habitually create any unreasonable loud or disturbing noise of such an intensity and duration as to reasonably annoy any person.
E. 
Cause damage to the property of any other person.
[Added 12-1-2010 by L.L. No. 3-2010]
A. 
With the elimination of New York State Department of Agriculture and Markets dog licensing function, as of January 1, 2011, it will be the responsibility of the City of Rensselaer to conduct dog license procedures. The City of Rensselaer is required to establish local fees and policies prior to January 1, 2011.
B. 
The City Clerk's Office will issue two different types of dog licenses:
(1) 
Regular licenses for altered and unaltered dogs; and
(2) 
Guide dog, service dog, hearing dog, detection dog, war dog, working search dog, police dog and therapy dogs will be exempt from licensing fees as mandated by § 110 of the New York State Agriculture and Markets Law, but a license from the City Clerk's Office will be required.
C. 
Dog license requirements.
(1) 
When licensing a dog in the City of Rensselaer, the dog owner must provide the following:
(a) 
All dogs in the City of Rensselaer must be licensed with the City Clerk at the age of four months and are required to present a current certificate of rabies vaccination at the time of licensing or the renewal of an existing license.
(b) 
A certificate of spayed or neutered dogs from the humane society or veterinarian.
(2) 
All dog licenses will be for a period of one year, and licenses will expire at the end of the month one year from the date of issue.
(3) 
All dog licenses may be purchased and obtained at the Rensselaer City Clerk's Office or by regular mail. When licensing or renewing a license by mail, the appropriate fee must accompany the forms. Fees are nonrefundable.
(4) 
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. A license cannot be transferred to another dog.
(5) 
Change of ownership; lost or stolen dogs.
(a) 
Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog (if the tag is still with the dog) or a new tag will be issued.
(b) 
In the event of a change in ownership of any dog which has been assigned an official identification number or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the City Clerk's Office.
(c) 
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of discovery of such loss or theft, notify the City Clerk's Office.
(d) 
In case of a dog's death, the owner of record shall so notify the City Clerk either prior to renewal of license or upon the time of such renewal.
(6) 
Fees. The City of Rensselaer may, by resolution, change any of the fees if deemed necessary.
(a) 
For each spayed or neutered dog: $15 ($1 applied to New York State Animal Population Control Fund surcharge).
(b) 
For each unspayed or unneutered dog: $20 ($3 applied to New York State Animal Population Control Fund surcharge).
A. 
The Dog Warden/Animal Control Officer or any police officer shall seize any dog found running at large within the City. Every dog so seized shall be properly fed and cared for at the expense of the City until disposition of such dog is made as provided in this section of this article. If the dog seized bears a license tag, the Dog Warden/Animal Control Officer or police officer seizing such dog shall ascertain the owner of the dog and shall give immediate notice of such seizure to such owner by personally serving such owner, or an adult member of such owner's family, with a written notice stating that the dog has been seized and will be destroyed as provided by § 118 of the New York State Agriculture and Markets Law. The owner of any dog impounded by the City of Rensselaer shall be entitled to redeem within five business days, provided that the owner produces proof the dog is licensed and pays all expenses for feeding, boarding, shots and any other medical expenses, incurred due to the seizure, as well as a fee of $20 for the first impoundment, with a fee of $3 for each additional twenty-four-hour period; a fee of $30 for the second impoundment; with a fee of $3 for each additional impoundment; and a fee of $40 for a third and each subsequent impoundment.
[Amended 12-1-2010 by L.L. No. 3-2010]
B. 
The Common Council shall, from time to time, by appropriate resolution, provide for the purchase price for dogs sold pursuant hereto or the method by which such prices shall be arrived at.
C. 
Any dog seized pursuant to this section of this article shall be held for sale not less than five days nor more than 10 days after the expiration of the period of redemption and, if not sold within such time, shall be destroyed. The Dog Warden or other person so destroying any such dog shall immediately dispose of the carcass thereof and make and file a report thereof with the City Clerk. No action shall be maintained to recover the possession or value of a dog or for damages for injury or for compensation for destruction of a dog destroyed, sold or otherwise disposed of pursuant to the provisions of this section of this article.
D. 
All fees and receipts collected pursuant to this section of this article by the Dog Warden or any other representative of the City other than the City Clerk shall be immediately paid over to the City Clerk by such Dog Warden or other representative, and all moneys collected pursuant to this section shall be added to the general funds of the City.
E. 
Notice of the seizure of a dog running at large who does not bear a license tag may be given to the owner thereof, advising such owner of the period of redemption. The failure to give such notice shall not give cause to any action to recover the possession or value of such dog or for damages for injury or for compensation for destruction of such a dog seized, destroyed or otherwise disposed of in accordance with the provisions of this article.
No person shall hinder, resist or oppose the Dog Warden, any police officer or any agent or representative of the City in the performance of his duties under this article.
[Amended 8-15-1990 by L.L. No. 4-1990]
Any violation of this article shall be an offense, and conviction thereof shall be punishable by a fine of not more than $250 or 15 days' imprisonment, or both.
The City Court of the City of Rensselaer, Rensselaer County, New York, shall have jurisdiction to hear all complaints under this article and of all actions and proceedings hereunder and of all prosecutions for the violation of this article. This section shall not be construed so as to deprive any other court of jurisdiction if such court would otherwise have jurisdiction.
This article shall supersede the ordinance of the City of Rensselaer, Rensselaer County, New York, providing for certain regulations and restrictions on the activities of dogs and owners of dogs adopted by the Common Council of the City of Rensselaer, Rensselaer County, New York,[1] and known as the "Dog Ordinance of the City of Rensselaer," and the same is repealed as of the effective date of this article. Such repeal shall not affect any proceedings under such ordinance pending as of the effective date of such repeal.
[1]
Editor's Note: This ordinance was adopted 4-17-1974.
This article shall be entitled "Local Law of the City of Rensselaer, Rensselaer County, New York, Prohibiting the Running at Large of Dogs and Otherwise Regulating the Keeping of Dogs." This article may be cited accordingly. This article may also be cited as a local law of the City of Rensselaer, Rensselaer County, New York, by year and number of passage.