[Adopted 10-23-1979 by Ord. No. 2-1979[1] (Ch. 31 of the 1967 Code)]
[1]
Editor's Note: This ordinance also provided
that it was being enacted pursuant to the provisions of Article 7
of the Agriculture and Markets Law of New York State.
[Amended 10-19-2010 by L.L. No. 2-2010]
The purpose of this article shall be to preserve
public peace and good order in the City of Norwich and to promote
the public health, safety, and welfare of its people by enforcing
regulations and restrictions on the licensing and activities of dogs
that are consistent with the rights and privileges of dog owners and
the rights and privileges of other citizens of the City of Norwich.
As used in this article, the following terms
shall have the meanings indicated:
An unleashed dog off the premises of the owner.
Both male and female dogs.
A person or persons appointed by the City for the purpose
of enforcing this article.
A tag issued by the City of Norwich which sets forth an identification
number, together with the name of the City of Norwich, the State of
New York, contact information, including telephone number, for the
municipality, and such other information as the City of Norwich deems
appropriate.
[Added 10-19-2010 by Ord. No. 2-2010]
Restrained by a leash, attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
Includes any person who keeps, harbors, or has custody, care,
or control of a dog. Dogs owned by minors shall be deemed to be in
custody and control of parents or other head of the household where
the minor resides. Any person harboring a dog for a period of one
week shall be deemed to be the owner of the dog for the purpose of
enforcing this article.
[Amended 1-5-1987; 7-18-2000 by Ord. No. 2-2000]
It shall be unlawful for any owner of a dog
in the City of Norwich to permit or allow such dog to:
A.
Run at large, unless within the confines of a dog
park.
[Amended 8-7-2019 by Ord.
No. 3-2019]
B.
Be off the owner's property unless such dog is controlled
and restrained by a leash or chain not exceeding eight feet in length,
unless in the confines of a dog park.
[Amended 8-7-2019 by Ord.
No. 3-2019]
C.
Engage in habitual loud howling, barking or whining
or to conduct itself in such a manner as to habitually annoy any person
other than the owner or harborer of the dog.
E.
Bite, chase, jump upon or otherwise harass any person
in such a manner as to cause intimidation or to put such a person
in reasonable apprehension of bodily harm or injury.
F.
Chase, leap on or otherwise harass bicycles or motor
vehicles.
G.
Kill or injure any dog, cat, or other household pet.
H.
Be unlicensed when four months of age or older.
[Amended 9-22-2009 by Ord. No. 2-2009]
I.
Not have a current and valid New York State identification
tag on its collar while at large, whether or not restrained by an
adequate leash.
J.
Defecate or urinate upon property other than that
of the owner. The owner, harborer, person in charge of or person walking
a dog within the City 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.
[Amended 9-22-2009 by L.L. No. 2-2009]
All female dogs shall be confined to the premises
of their owner while such are in season (heat) and may not be left
outside unattended. Any owner not adhering to this rule will be subject
to having the dog seized by the Dog Control Officer and removed to
a safe place of confinement.
[Amended 7-18-2000 by Ord. No. 2-2000]
All premises occupied by dogs shall be kept
in a clean, sanitary condition. The owner or harborer of a dog must
provide adequate food, water, shelter, and space for each dog under
his care. "Adequate" shall mean sufficient for age, size, and number
of dogs on the premises.
Upon taking custody of any animal, the Dog Control
Officer shall make a record of the matter. The record shall include
date of pickup, breed, general description, sex, identification numbers,
time of pickup, location of release, and name and address of owner,
if any.
A.
If a dog seized is not wearing an identification tag
(license tag) it shall be held for a period of no less than three
days.
B.
If a dog seized is wearing an identification number,
the owner shall be promptly notified either in person or by certified
mail. If the owner is notified in person, the dog shall be held for
a period of no less that seven days; if notified by mail, no less
than nine days.
C.
The owner of the dog shall be responsible for any
impoundment fee established by the City plus any other expense incurred
by the municipality to humanely care for the dog. If the owner does
not pay the impoundment fee at the time of redemption, the owner will
be subject to an additional administrative fee of $25.
[Amended 10-19-2010 by L.L. No. 2-2010]
D.
If not redeemed, the owner shall forfeit all title
to the dog and it shall be released to an authorized humane society
or kennel to be adopted or euthanized.
Any person who observes a dog in violation of
any section of this article may file a signed complaint, under oath,
with a Justice of the City of Norwich or with the authorized Dog Control
Officer or any peace officer, specifying the violation, the date of
violation, the damage caused and including the place(s) the violation(s)
occurred, and the name and address of dog owner, if known.
Any person or persons who are or may be lawfully
authorized by the City of Norwich shall, and all peace officers may,
administer and enforce the provisions of this article, and for the
purpose shall have the authority to issue summons or appearance tickets[1] and to seize dogs either on or off the owner's premises,
if witnessed to be in violation of this article.
[Amended 7-18-2000 by Ord. No. 2-2000; 9-22-2009 by L.L. No. 2-2009; 10-19-2010 by L.L.
No. 2-2010]
A violation of this article shall be punishable
by a fine of not less than $50 and of not more than $200. A violation
of this article may also result in the court-ordered seizure and permanent
removal of ownership of the dog.
No person shall hinder, resist, or oppose the
Dog Control Officer, peace officer, or other person(s) authorized
to administer or enforce the provisions of this article in the performance
of the officer's duties under this article.
The owner or harborer of any dog so destroyed
under the provisions of this article, whether destroyed by the Dog
Control Officer, peace officer, or released to an authorized humane
society or veterinarian, shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of such dog or any other type of damage.
