[Adopted 11-23-2010 by L.L. No. 6-2010; amended in its entirety 3-28-2017 by L.L. No. 3-2017]
The purpose of this article is to adopt the amendments to Article
7 of the New York State Agriculture and Markets Law by Part T of Chapter
59 of the Laws of 2010 to provide for the licensing and identification
of dogs, the control and protection of the dog population and the
protection of persons, property, domestic animals and deer from dog
attack and damage.
A.
Any dog harbored within the City of Cohoes which is owned by a resident
of New York City or licensed by the City of New York, or which is
owned by a nonresident of New York State and licensed by a jurisdiction
outside of the State of New York, shall for a period of 30 days be
exempt from the licensing and identification provisions of this article.
B.
This article shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals, or confined for the purposes of research to the premises
of any college or other educational or research institution.
C.
This article shall not apply to any dog confined to the premises
of any person, firm or corporation engaged in the business of breeding
or raising dogs for profit and licensed as a class A dealer under
the Federal Laboratory Animal Welfare Act.
As used in this article, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered, or any cat.
The clerk of any county, town, city or village where licenses
are validated or issued pursuant to this article.
The State Commissioner of Agriculture and Markets.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Any member of the species canis familiaris.
Any individual appointed by a municipality 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 a municipality to assist in the enforcement
of this article.
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the Department
of Environmental Conservation, llama, goat, swine, fowl, duck, goose,
swan, turkey, confined domestic hare or rabbit, pheasant or other
bird which is raised in confinement under license from the state Department
of Environmental Conservation before release from captivity, except
that the varieties of fowl commonly used for cock fights shall not
be considered domestic animals for the purposes of this article.
To bring about death by a humane method.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the state during the period
such dog is being trained or bred for such purpose.
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the state during the period such dog
is being trained or bred for such purpose.
A tag issued by the licensing municipality which sets forth
an identification number, together with the name of the municipality,
the state of New York, contact information, including telephone number,
for the municipality and such other information as the licensing municipality
deems appropriate.
Any dog carrying an identification tag.
The City of Cohoes.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant
to this article, except that if any license is issued on application
of a person under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person. If it cannot be determined
in whose name any dog was last licensed or if the owner of record
has filed a statement pursuant to the provisions of § 112
of Article 7 of the Agriculture and Markets Law, the owner shall be
deemed to be the owner of record of such dog, except that if the owner
is under 18 years of age, the owner of record shall be deemed to be
the parent or guardian of such person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purpose.
Any dog which has been honorably discharged from the United
States armed services.
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
A.
All dogs within the City of Cohoes four months of age or older, unless
otherwise exempted, shall be licensed. The owner of each dog required
to be licensed shall obtain, complete, and return to the City Clerk
a dog license application together with the license application fee,
any applicable license surcharges and such additional fees as may
be established by the City of Cohoes. Each license application shall
be accompanied by proof that the dog has been vaccinated against rabies
or a statement from a licensed veterinarian that such vaccination
would endanger the dog's life in which case vaccination shall
not be required. The City Clerk shall make or cause to be made from
such statement a record of such information and shall file such record
with a copy of the license. Such records shall be made available to
the Commissioner upon request for rabies and other animal disease
control efforts. Each license issued shall be valid for a period of
one year and shall not be transferable.
B.
The application shall state the sex, actual or approximate age, breed,
color, and municipal identification number of the dog, and other identification
marks, if any, and the name, date of birth, address, telephone number
and address of residence of the owner of said dog.
C.
In the case of a spayed or neutered dog, every application shall
also be accompanied by a certificate signed by a licensed veterinarian
or an affidavit signed by the owner, showing that the dog has been
spayed or neutered, provided such certificate or affidavit shall not
be required if the same is already on file with the Clerk or authorized
Dog Control Officer. In lieu of the spay or neuter certificate, an
owner may present a statement certified by a licensed veterinarian
stating that he has examined the dog and found that because of old
age or other reason, the life of the dog would be endangered by spaying
or neutering. In such case, the license fee for the dog shall be the
same as for a spayed or neutered dog as set forth in this article.
D.
Upon validation by the City Clerk, the application shall become a
license for the dog described therein. The City Clerk shall provide
a copy of the license to the owner and retain a record of the license
that shall be made available upon request to the Commissioner for
purposes of rabies and other animal disease control efforts and actions.
E.
Upon notification to the City of an unlicensed dog at a city residence,
the Clerk of the City will provide written notice to the resident
and property owner of the violation and allow for a two-week grace
period to license the dog(s) before an appearance ticket is issued.
A.
The City of Cohoes hereby establishes the fee for a dog license issued
pursuant to this article at $12.50 for spayed or neutered dogs and
$20.50 for unspayed or unneutered dogs. The City of Cohoes waives
the local fee for senior citizens, charging only the state surcharge
of $1 for spayed/neutered dogs and $3 for unsprayed or unneutered
dogs. All revenue derived from such fees shall be the sole property
of the City of Cohoes and shall be used only for controlling dogs
and enforcing this article.
B.
Excepted from payment of the license fee are applications submitted
for a dog license for any guide dog, hearing dog, service dog, war
dog, working search dog, detection dog, police work dog or therapy
dog. Each copy of any license for such dogs shall be conspicuously
marked "Guide Dog," "Hearing Dog," "Service Dog," "Working Search
Dog," "War Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog,"
as may be appropriate, by the City Clerk.
C.
In addition to the license fee established by this article, each
applicant for a dog license shall pay a surcharge of $1 if the dog
to be licensed is altered, or a surcharge of $3 if the dog sought
to be licensed is unaltered. The City Clerk shall remit such surcharge
to the New York State Department of Agriculture and Markets for transmittal
to the State Comptroller for deposit in the animal population control
fund.
D.
There shall be a fee of $3 to receive a replacement identification
tag.
A.
Each dog licensed pursuant to local law shall be assigned, at the
time the dog is first licensed, a municipal identification number.
Such identification number shall be carried by the dog on an identification
tag which shall be affixed to a collar on the dog at all times, provided
that a dog participating in a dog show shall be exempt from the identification
requirements of § 111 of the Agriculture and Markets Law
during such participation.
B.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
C.
The City Clerk offering a license for any guide dog, service dog,
hearing dog or detection dog shall issue a special tag for identifying
such dog, provided that such tag shall be in addition to the identification
tag required by this article. The City Clerk shall prescribe the shape,
size, color, and form of imprint of the tag which shall be a different
color and shape than the standard identification tag.
A.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this article or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, file with the City Clerk a written report of such
change. Such owner of record shall be liable for any violation of
this article until such filing is made or until the dog is licensed
in the name of the new owner.
B.
If any dog which has been licensed pursuant to this article is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft, file with the City Clerk a written report of
such loss or theft. In the case of a loss or theft, the owner of record
of any such dog shall not be liable for any violation of this article
committed after such report is filed.
C.
In the case of a dog's death, the owner of record shall so notify
the City Clerk either prior to renewal of licensure or upon the time
of such renewal.
A.
Every Animal Control Officer shall have the power to issue an appearance
ticket pursuant to § 150.20 of the Criminal Procedure Law,
to serve a summons and to serve and execute any other order or process
in the execution of the provisions of this article. In addition, any
Animal/Dog Control Officer, any peace officer, or any Code Enforcement
Officer when acting pursuant to his/her special duties, or police
officer who is authorized by a municipality to assist in the enforcement
of this article may serve any process, including an appearance ticket,
a uniform appearance ticket and a uniform appearance ticket and simplified
information, related to any proceeding, whether criminal or civil
in nature, undertaken in accord with the provisions of this article.
B.
Every Animal/Dog Control Officer, peace officer, Code Enforcement
Officer when acting pursuant to his/her special duties or police officer
shall promptly make and maintain a complete record of any seizure
and subsequent disposition of any dog. Such record shall include,
but not be limited to, a description of the dog, the date and hour
of seizure, the official identification number of such dog, if any,
the location where seized, the reason for seizure, and the owner's
name and address, if known.
C.
Every Animal/Dog Control Officer shall file and maintain such records
for not less than three years following the creation of such record
and shall make such reports available to the Commissioner upon request.
D.
The Animal/Dog Control Officer shall ascertain and list the names
of all persons in the City of Cohoes owning or harboring dogs.
A.
Any Animal/Dog Control Officer, peace officer, or Code Enforcement
Officer acting pursuant to his/her special duties, or police officer
shall seize:
(1)
Any dog which is not licensed, whether on or off the owner's
premises;
(2)
Any licensed dog which is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there
is probable cause to believe the dog is dangerous; and
(3)
Any dog which poses an immediate threat to the public safety. Promptly
upon seizure the dog control officer shall commence a proceeding as
provided for in Subdivision 2 of § 123 of the Agriculture
and Markets Law.
B.
Any Animal/Dog Control Officer, peace officer, or Code Enforcement
Officer acting pursuant to his/her special duties, or police officer
may seize any dog in violation of this article or any ordinance relating
to the control of dogs.
C.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
D.
The owner of any dog impounded by the City of Cohoes shall be entitled
to redeem that dog within five business days, excluding the day the
dog is impounded, provided that the owner produces proof that the
dog is licensed and identified and pays a fee of $100 for the first
impoundment and a fee of $275 for the second impoundment and each
subsequent impoundment.
E.
All impoundment fees shall be the property of the City of Cohoes
and shall be used only for controlling dogs and enforcing this article
and any rule, regulation, or ordinance adopted pursuant thereto, including
subsidizing the spaying or neutering of dogs and any facility as authorized
under § 116 of the Agriculture and Markets Law used therefor,
and subsidizing public humane education programs in responsible dog
ownership.
F.
Promptly upon seizure of any identified dog, the owner of record
of such dog shall be notified personally or by certified mail, return
receipt requested, of the facts of seizure and the procedure for redemption.
If notification is personally given, such dog shall be held for a
period of seven days after the day of notice, during which period
the dog may be redeemed by the owner. If such notification is made
by mail, such dog shall be held for a period of nine days from the
date of mailing, during which period the dog may be redeemed by the
owner. In either case, the owner may redeem such dog upon payment
of the impoundment fees prescribed by this article and by producing
proof that the dog has been licensed.
G.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption or euthanized subject to Subdivisions 6, 8
and 9 of § 117 of the Agriculture and Markets Law.
A.
It shall be a violation, punishable as provided in this article,
for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
article;
(3)
Any person to knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide, service or
hearing dogs;
(4)
Any person to furnish false or misleading information on any form
required to be filed with the City of Cohoes pursuant to the provisions
of this article or rules and regulations promulgated thereto;
(5)
Any owner of a dog to fail to notify the City of Cohoes in which
his or her dog is licensed of any change of ownership or address as
required by this article.
B.
It shall be the duty of the Animal Control Officer of the City of Cohoes to bring an action against any person who has committed within the City of Cohoes any violation set forth in Subsection A. The City of Cohoes may elect either to prosecute such action as a violation under the penal law or to commence an action to recover a civil penalty. A violation of Subsection A shall be punishable, subject to such election, either:
(1)
Where prosecuted pursuant to the penal law, by a fine of not less
than $500, except that:
(a)
Where the person was found to have violated this section or
former Article 7 of the Agriculture and Markets Law within the preceding
five years, the fine may not be less than $1,000; and
(b)
Where the person was found to have committed two or more violations
within the preceding five years, it shall be punishable by a fine
of not less than $1,000 or imprisonment for not more than 15 days,
or both; or
(2)
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $500, except that:
(a)
When the person was found to have violated this section or Article
7 of the Agriculture and Markets Law within the preceding five years,
the civil penalty may not be less than $1,000; and
(b)
Where the person was found to have committed two or more violations
within the preceding five years, the civil penalty may not be less
than $1,000.
C.
Guilty plea by defendant.
(1)
A defendant charged with a violation of any provision of this article
may plead guilty to the charge in open court. He or she may also submit
to the magistrate having jurisdiction, in person, by duly authorized
agent, or by registered mail, a statement:
(a)
That he or she waives arraignment in open court and the aid
of counsel;
(b)
That he or she pleads guilty to the offense charged;
(c)
That he or she elects and requests that the charge be disposed
of and the fine or penalty fixed by the court;
(d)
Of any explanation that he or she desires to make concerning
the offense charged; and
(e)
That he or she makes all statements under penalty of perjury.
(2)
Thereupon the magistrate may proceed as though the defendant has
been convicted upon a plea of guilty in open court; provided, however,
that any imposition of fine or penalty hereunder shall be deemed tentative
until such fine or penalty shall have been paid and discharged in
full. If upon receipt of the aforesaid statement the magistrate shall
deny the same, he or she shall thereupon notify the defendant of this
fact, and that he or she is required to appear before the said magistrate
at a stated time and place to answer the charge which shall thereafter
be disposed of pursuant to the applicable provisions of law.
D.
Any person who intentionally refuses, withholds, or denies a person,
because he or she is accompanied by an on-duty police work dog, working
search, war, or detection dog as defined in this article, any accommodations,
facilities, or privileges thereof shall be subject to a civil penalty
of up to $200 for the first violation and up to $400 for each subsequent
violation.
All moneys collected as fines or penalties by the City of Cohoes
as a result of any prosecution for violations of the provisions of
this article and all bail forfeitures by persons charged with such
violations shall be the property of the City of Cohoes and shall be
paid to the Clerk of the Cohoes City Court. Such moneys shall be used
only for controlling dogs and enforcing this article, including subsidizing
the spaying or neutering of dogs and any facility as authorized under
§ 116 of the Agriculture and Markets Law used thereof, and
subsidizing public humane education programs for responsible dog ownership.
If any section of this article or the application thereof to
any person, circumstance or property shall be adjudged invalid by
a court of competent jurisdiction, such order or judgment shall be
confined in its operation to the controversy in which it was rendered
and shall not affect or invalidate the remainder of any provision
of any section or the application of any part thereof to any other
person, circumstance or property, and to this end, the provisions
of each section of this article are declared to be severable.
All ordinances or parts of ordinances in conflict with the provisions
of this article are hereby repealed to the extent necessary to give
this article full force and effect.