§ 10-1 GENERAL PROVISIONS

The purpose of this Code is to balance the welfare of the community, individuals and animals. As such, the overriding aims of this Code are to guard the public safety, health and welfare while guaranteeing the humane treatment of animals within the City. In order to accomplish this goal, the City seeks to abate nuisances through licensing, permitting and regulating of certain animals and businesses.

The City may enter into a contract with a County, another city, a humane society, or other persons to perform the duties required by this chapter, including the impounding and care of animals.

Any animal not included as permissible — including but not limited to cattle, horses, bees, livestock, roosters, and any wild or dangerous animals — may not take up residence in the City of Albany without express written approval of the City. The City may take any necessary steps to abate the presence of these unpermitted animals.

For the purpose of this chapter, the present tense includes the past and future tense; each gender includes the other unless specifically distinguished. The singular number includes the plural, and the plural the singular. For the purpose of this Code, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

ANIMAL — Shall mean any mammal, poultry, bird, reptile, fish or any other creatures, including, but not limited to, horse, cow, goat, sheep, pig, pigeon, goose, chicken, rabbit, dog, cat. Animals are classified by weight: large animal, over fifty (50) pounds; medium animal, between twenty-five (25) and fifty (50) pounds; small animal, under twenty-five (25) pounds.

ANIMAL QUARTERS — Shall mean the premises and all buildings, hutches, pens, coops, yards, and their appurtenances used for the keeping of the animals.

AT LARGE — Shall mean a dog off the premises of its owner and not under restraint by leash, or chain, and not otherwise controlled by a competent person.

AVIARY — Shall mean a large enclosure for six (6) or more birds.

BIRD — Shall mean any bird of any age of either sex, including any exotic or domestic bird.

CAPABLE PERSON — Shall mean someone who can effectively control the animal under their care.

CAT — Shall mean any cat of any age of either sex.

DANGEROUS OR VICIOUS ANIMAL — Shall mean any animal that by its very nature poses a potential mortal or serious threat to humans (i.e. any animal that has exhibited or is exhibiting behavior such as growling, biting, threatening or bites a person without provocation).

DOG — Shall mean and include female as well as male dogs over four (4) months of age.

GUARDIAN — Shall mean an owner within the meaning of this chapter and shall have the same rights and responsibilities of an owner, and both terms as used herein shall be used interchangeably.

KENNEL — Shall mean any person, firm or corporation engaged in the commercial business of breeding, buying or selling or boarding dogs and/or cats.

LIVESTOCK — Shall mean animals kept for use and includes, but is not limited to, horses, cows, goats, sheep, chickens, duck, quail, pheasant, turkeys, llamas, mules or pigs.

NUISANCE — Shall mean any nuisance known as common law or in equity jurisprudence, whatever is dangerous or detrimental to human life or health, uncleanliness or improper sanitation or whatever is offensive to the senses or may act as an asylum feeding or breeding place for rodents, vermin, insects. Noise that disturbs the public peace is included.

OWNER — Shall mean any person or guardian, firm or corporation owning, having control or custody or possession of, any animal for more than fifteen (15) days.

PET HOSPITAL — Shall mean any person, firm, or corporation that treats the health of animals.

PET SHOP — Shall mean any person, firm, or corporation that traffics in live animals.

POULTRY — Shall mean chickens, ducks, geese, doves, turkeys or other fowl.

THE CITY — Shall mean the City of Albany or any agent authorized to act on its behalf.

UNLICENSED — Shall mean any animal who legally is required to have a current license but does not have one.

WILD ANIMAL — Shall mean any animal not ordinarily domesticated, including, but not limited to, skunk, raccoon, ferret, opossum, squirrel, fox.