[HISTORY: Adopted by the Town Board of the
Town of Ithaca as indicated in article histories. Amendments noted
where applicable.]
[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:
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:
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.)
