Town of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 184.
Parks and recreation areas — See Ch. 200.
[Adopted 5-10-1979 by L.L. No. 2-1979]
The purpose of this article is to promote the public health, safety, and welfare of the community, including the protection and preservation of the property of residents of the Town and its inhabitants, and of the peace and good order therein, by regulating and controlling activities of dogs within the Town of Ithaca and providing for enforcement thereof.
Any owner of a dog or any other person who harbors or is custodian of any dog in the Town of Ithaca shall be in violation of this article if such dog:
A. 
Is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog, or is not accompanied by and in the actual control of its owner or any other person harboring or having custody of the dog.
B. 
Engages in such habitual or continued barking, howling, or whining so as to cause a person's rest to be broken, his sleep to be interrupted, or the reasonable use or enjoyment of his home or property to be otherwise interfered with, disturbed or diminished, or that causes a person to be otherwise harassed, annoyed or disturbed.
C. 
Causes damage or destruction to property, or defecates, urinates or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog.
D. 
When not on the premises of the person owning or harboring such dog, chases or otherwise harasses any person in such a manner as reasonably to cause intimidation to such person or to put such person into reasonable apprehension or bodily harm or injury.
E. 
Except when it is on the premises of the owner, or other person harboring or having custody of the dog, where it is usually harbored, chases, barks at, leaps on, or otherwise attacks any bicycle, motorcycle, motorwagon, carriage, or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or horse, including any rider thereon, or other animal.
F. 
Is unlicensed when four months of age or older, unless the dog is exempt from this requirement pursuant to Article 7 of the Agriculture and Markets Law of the State of New York. In addition, any dog harbored within the Town of Ithaca that is owned by a resident of New York City and is licensed by the City of New York, or that is owned by a nonresident of New York State and is licensed by a jurisdiction outside the State of New York, shall be exempt from this licensing requirement for a period of 30 days from the day the dog is first harbored within the Town. For the purposes of this article, “harbor” shall mean to provide food or shelter to any dog.
[Amended 7-12-2004 by L.L. No. 7-2004; 12-13-2010 by L.L. No. 7-2010]
G. 
Is not wearing a current valid Town of Ithaca dog license identification tag at all times, unless the dog is exempt from this requirement pursuant to Article 7 of the Agriculture and Markets Law of the State of New York or meets the following requirements:
[Amended 12-13-2010 by L.L. No. 7-2010]
(1) 
Dogs participating in a dog show are exempt from this requirement during such participation.
(2) 
Any dog harbored within the Town of Ithaca that is owned by a resident of New York City and is licensed by the City of New York, or that is owned by a nonresident of New York State and is licensed by a jurisdiction outside the State of New York, shall be exempt from this requirement for a period of 30 days from the day the dog is first harbored within the Town.
H. 
Is not redeemed after notice of seizure is given to the owner within five days of such seizure.
[Amended 12-13-2010 by L.L. No. 7-2010]
The Dog Control Officer of the Town of Ithaca, or any other person or persons who are or may be lawfully authorized by the Town shall, and all peace officers may, administer and enforce the provisions of this article and Article 7 of the Agriculture and Markets Law of the State of New York, and for such purpose shall have the authority to issue appearance tickets and/or, when authorized by law, to seize dogs, either on or off the premises of the owner or person harboring such dog, if witnessed by any of the aforesaid persons or officers to be in violation of this article or Article 7 of the Agriculture and Markets Law of the State of New York.
A. 
Any person who observes a dog in violation of any acts prohibited by this article may file a signed complaint, under oath, with a Town Justice of the Town of Ithaca, or with the authorized Dog Control Officer, or with any peace officer, specifying the objectionable conduct of the dog, the date thereof, the damage caused, or the acts constituting violation of this article, and including the place or places where such conduct occurred and the name and residence, if known, of the owner or other person harboring such dog. Upon receipt of such a complaint, the authorized Dog Control Officer or peace officer receiving such complaint shall transmit same to the Town Justice.
B. 
Upon receipt by the Town Justice of such complaint against the conduct of or acts by any particular dog, or the owner thereof or other person harboring such dog, the Town Justice may issue a written summons directing the alleged owner or other person harboring said dog to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint of information previously filed.
If any dog in violation of this article is owned by a person under 18 years of age, the head of household in which said person resides shall be deemed to be the owner of person harboring such dog and shall be responsible for the acts of said dog for purposes of this article.
The fact that the dog is in violation of any of the provisions of this article shall be presumptive evidence that the dog has been permitted to be in violation with the knowledge of the owner or person harboring the dog.
No person shall intentionally hinder, resist or oppose the authorized Dog Control Officer, peace officer, or other person authorized to administer or enforce the provisions of this article in the performance of his duties under this article.
[Amended 12-13-2010 by L.L. No. 7-2010]
A. 
A violation of this article shall constitute a violation as the same is defined in the Penal Law of the State of New York, and shall be punishable by a fine of:
(1) 
For the first violation: $50;
(2) 
For the second violation committed within the preceding five years: $75; and
(3) 
For the third and all subsequent violations committed within the preceding five years: $125 or imprisonment for a term not to exceed 15 days, or both.
B. 
At the Town’s election, it may commence an action to recover a civil penalty and/or injunctive relief for a violation of this article. The civil penalty shall be:
(1) 
For the first violation: $50;
(2) 
For the second violation committed within the preceding five years: $75; and
(3) 
For the third and all subsequent violations committed within the preceding five years: $125.
C. 
The fines and penalties specified above are in addition to any penalties provided by law for violations of Article 7 of the Agriculture and Markets Law of the State of New York.
[Amended 10-23-2003 by L.L. No. 3-2003; 5-11-2009 by L.L. No. 6-2009; 12-13-2010 by L.L. No. 7-2010]
A. 
The Town Clerk of the Town of Ithaca shall provide, accept and grant applications for dog licenses required by Article 7 of the Agriculture and Markets Law of the State of New York, and for purebred licenses, for dogs harbored within the Town of Ithaca. In addition, the Town Board of the Town of Ithaca may authorize by resolution the manager of a pound or shelter established or maintained by the Town, or with which it contracts for shelter services, to provide, accept and grant applications for such licenses made by a resident of the Town at the time of the adoption or redemption of a dog from the pound or shelter, provided the application is made in accordance with Town of Ithaca procedures, and further provided the manager remits to the Town of Ithaca the license fees and any additional fees, surcharges and assessments referenced in Subsection C below.
B. 
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 rabies vaccination shall not be required.
C. 
The dog owner shall pay the Town (or manager of a pound or shelter as authorized by Town Board resolution) license fees and surcharges as set from time to time by Town Board resolution, and the dog owner shall also pay the Town or authorized manager any fees, surcharges and/or assessments set forth in Article 7 of the Agriculture and Markets Law of the State of New York.
D. 
In the event that the State of New York changes or adds any state surcharges, assessments and/or fees related to dogs, the total fee to be charged shall be modified to include the then-current fees, surcharges and assessments.
[Added 12-13-2010 by L.L. No. 7-2010; amended 1-7-2019 by L.L. No. 1-2019]
The owner of a dog that is seized and redeemed in accordance with the provisions of Article 7 of the Agriculture and Markets Law of the State of New York shall pay the following impoundment fees to the Town of Ithaca before the dog is released to the owner:
A. 
For the first impoundment of any dog owned by a person: $25.
B. 
For the second impoundment of any dog owned by the same person within 12 months of the first impoundment of any dog owned by the same person: $50.
C. 
For the third impoundment of any dog owned by the same person within 12 months of the first impoundment of any dog owned by the same person: $75.
D. 
If more than one dog owned by the same person is impounded at the same time, the impoundment of each dog is considered a separate impoundment. (For example, if two dogs owned by the same person are impounded at the same time and the owner has not had any dogs impounded within the past 12 months, the fees are $25 for one dog and $50 for the other dog.)