Utica, New York

Sec. 2-5-55 Protection of dogs.

(b) Prohibition. No person who owns or has custody or control of a dog shall knowingly leave such dog tethered outdoors for longer than a period of two continuous hours at such time as when either 1) the actual air temperature is lower than 32° Fahrenheit (not accounting for wind chill), 2) the actual air temperature is greater than 90° Fahrenheit (not accounting for humidity levels), or 3) during such period of time as extreme weather conditions exist, where any such condition in 1), 2), or 3) above is actually known to such person or reasonably should have been known to such person. Actual harm or injury need not be shown to prove a violation of the prohibition in this subsection.

(1) Rebuttable presumptions.

a. Extreme weather conditions shall be presumed to have been present in the event that a weather alert was in effect for a region reasonably construed and commonly understood to be affecting the region in which the dog was left outdoors and during such time as the dog was left outdoors.

b. A dog exhibiting signs of frostbite shall be presumed to have been left outdoors for longer than a period of two continuous hours at such time as when the actual air temperature was lower than 32° Fahrenheit.

(2) Exceptions. This section shall not apply to:

a. Working dogs;

b. Hunting dogs;

c. Dogs on a leash or other restraint under direct supervision or control of persons actively engaged in recreational activities, including walking, jogging, or running; and

d. Dogs required to be tethered under an applicable law, rule, regulation, or court order.

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(c) Enforcement, penalties and registration obligations.

(1) Enforcement officers. This section shall be enforced by the City of Utica Dog Control Officers, City of Utica police officers, Oneida County Sheriffs Office, or designee, and may also be enforced by any police officer, local dog control officer, peace officers, animal control officer, New York State Police, having jurisdiction within Oneida County, or any other officers as may be designated by the Common Council via ordinance from time to time (where any such officer shall be an “enforcement officer”). Such enforcement officers shall have the authority to enforce the provisions of this section and to take such necessary and related enforcement actions, including, without limitation, accepting, recording, and investigating complaints, issuing appearance tickets, obtaining supporting depositions, and preparing and submitting criminal and civil complaints to a court of competent jurisdiction.

(2) Classification of offense. Any person who violates the prohibition found within Subsection (b)(1) of this section, shall, upon conviction thereof, be guilty of a violation, as defined in § 55.10 of the New York State Penal Law as may be amended from time to time. Each calendar day in which such person violates Subsection (b)(1) of this section shall constitute a separate offense.