§ 55-7. Violations; seizure of dogs; impoundment and redemption.

A. 

Violations.

(1) 

Unlicensed dog. The Dog Control Officer or any of his duly authorized assistants and the duly authorized agents of any person or corporation enforcing the provisions of the Agriculture and Markets Law and the Public Health Law relating to dogs shall seize any unlicensed dog either on or off the owner's premises. This will not apply to a dog under the age of four months which is not at large.

(2) 

Untagged dogs. All dogs are to have an identification tag which shall be affixed to a collar on the dog at all times. Any Dog Control Officer or such representative shall seize any dog found at large not wearing an identification tag.

(3) 

Running at large. All dogs are to be restrained by a leash not exceeding 10 feet in length while off the owner's premises, whether or not tagged or licensed. Any person owning or harboring a dog shall not suffer or allow it to run at large in any of the streets or public places of this City or upon the premises of anyone other than the owner or custodian unless the owner or occupant of such premises grants permission. The Dog Control Officer or any of his duly authorized assistants or the duly authorized agents of any person or corporation enforcing the provisions of the Agriculture and Markets Law and Public Health Law relating to dogs shall seize any dog not so restrained found off the owner's premises.

(4) 

Barking. Any person owning or harboring a dog shall not suffer or allow it to engage in howling, barking or crying or to conduct itself in such a manner as to disturb the peace of any person other than the owner or person harboring the dog.

(5) 

Dog waste. Any person owning or being in charge of any dog, except blind persons accompanied by a dog used for their assistance, shall not allow it to defecate upon any public property or upon any private property without the express permission of the owner of said property, unless all feces deposited by such dog are immediately disposed of by the owner of the dog or person in charge in a safe and sanitary manner.

B. 

Seizure of dogs.

(1) 

It is the duty of the Dog Control Officer or any of his duly authorized assistants to seize and impound any dogs which are in violation under the provisions of this article.

(2) 

If the dog seized bears a license tag, the Dog Control Officer or other representatives herein named shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or an adult member of his family or household with a notice, in writing, stating that the dog has been seized and will be destroyed unless redeemed within the period herein provided.

C. 

Impoundment/redemption.

(1) 

Every dog seized shall be properly fed and cared for at the expense of the City until disposition thereof be made as herein provided.

(2) 

Redemption of seized dog. The owner of a dog seized may redeem the dog within five days by producing to the persons seizing the dog a license for the dog and by paying to the City Clerk or Dog Control Officer the following impoundment fees:

(a) 

Twenty dollars for each offence for the first impoundment of any dog owned by that person for violation of any provision of this article.

(b) 

Thirty dollars for each offence for the second impoundment within one year of the first impoundment of any dog owned by that person for violation of any provision of this article.

(c) 

Forty dollars for each offence for the third and subsequent impoundment of any dog owned by that person within one year for violation of any provision of this article.

(d) 

Any dog which is impounded for more than 24 hours will be charged an additional $5 for each additional 24 hours or part thereof that the dog remains impounded.

(3) 

If not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be sold or killed by the Dog Control Officer or such representative. In case of sale, the purchaser must pay the purchase price to the City Clerk and also obtain a license for the dog.

(4) 

The fact that a dog is without a tag attached to a collar shall be presumptive evidence that the dog is unlicensed.

(5) 

No action shall be maintained to recover the possession or value of a dog not wearing a tag attached to a collar as provided herein.

(6) 

Any Dog Control Officer or other representative named herein destroying a dog under the provisions of this section shall immediately dispose of the carcass and make a written report of such destruction and disposition to the Clerk or Dog Control Officer. The Clerk or Dog Control Officer shall make and preserve a record of such destruction and disposition.

(7) 

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 pursuant to the provisions of this article.