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- Animal Control and Enforcement, G.O. 3.4.35 Page 1 ALBANY, NEW YORK POLICE DEPARTMENT 165 HENRY JOHNSON BOULEVARD ALBANY, NEW YORK 12210 ANIMAL CONTROL AND ENFORCEMENT GENERAL ORDER NO: 3.4.35 Issue Date: November 27, 2015 Effective Date: November 27, 2015 Revision Date: N/A CALEA: N/A Volume 3: Operations Chapter 4: Special Operations Distribution: ACOs and Sworn Personnel NYSLEAP: N/A Issuing Authority: Chief Eric Hawkins Page: 1 of 15 PURPOSE: The purpose of this policy is to provide direction for the handling of calls for service involving domestic and wild animals, and to ensure that all incidents involving animals are handled in compliance with state, county, and city laws and ordinances. Additionally, this order shall implement the policy of the City of Albany in regard to the handling of wild animal complaints and provide all personnel with guidelines to handle these matters safely and efficiently. POLICY: It is the policy of the Albany Police Department to provide assistance with animal control and enforce animal regulations in a humane manner and in accordance with state law and City ordinances. Referrals to other agencies or jurisdictions will be made as appropriate. DEFINITIONS: Animal Control Officer (ACO) – Animal Control Officer means a designated individual charged with the responsibility of enforcing animal related ordinances and laws within the city limits of the City of Albany. I. ORGANIZATION AND ADMINISTRATION A. The department's Animal Control Officers (ACOs) are part of Special Operations, which is under the command of the Commander of Special Operations, and under the direct supervision of Traffic Safety Unit sergeants. II. RESPONSE TO CALLS FOR SERVICE A. Primary duties of ACOs include, but are not limited to: 1. The pick-up, transportation, and impoundment of stray dogs and cats; 2. Responding to vicious animals at large or needing to be taken into custody; 3. Responding to complaints involving domestic and wild animals; 4. Removal of dead animals; and 5. Assisting in the investigation of animal cruelty cases when needed. B. When there is no ACO on-duty and with supervisor approval, ACOs are available in an on-call capacity to respond for emergency situations. Eric Hawkins Chief of Police 1789 ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 2 1. Once approval is given, officers shall notify Communications, and Communications personnel shall notify the on-call ACO to respond. C. The following facilities are in contract with the department. ACO’s shall transport animals to the following facilities based on the nature of the incident and the time of day : 1. Capital District Animal Emergency Clinic; 2. Central Veterinary Hospital; and 3. Mohawk Hudson River Humane Society. D. Police officers may be assigned to answer certain animal control related calls in the absence of an ACO. These calls may include, but are not limited to: 1. Animal bites; 2. Barking dogs; 3. Dead animals, and 4. Animals at large. E. Every effort will be made to forward animal control calls for service to an ACO, if available. F. In the event that a police officer takes a report or initiates any action as a result of answering an animal control call, the officer shall ensure that a notice of the action taken or the report is forwarded to the Animal Control Officer, at [EMAIL REDACTED], for appropriate follow-up. G. ACOs shall ensure all the necessary and correct paperwork is completed and forwarded appropriately, which includes but is not limited to the following: 1. Animal Control Bite Form, APD Form # 359 shown on page 10 of this order; 2. Animal Control Sign-Over Form, APD Form # 360 shown on page 11 of this order; 3. Animal Control Seizure and Disposition Form, APD Form # 361 shown on page 12 of this order; 4. Animal Control Notification of Seizure Form, APD Form # 362 shown on page 13 of this order; 5. Animal Control Activity Sheet, APD Form # 363 shown on page 14 of this order; and 6. Animal Redemption Form, APD Form # 365 shown on page 15 of this order. III. ANIMAL BITES A. ACOs/police officers shall report animal bites on an Animal Control Bite Form, APD Form # 359 shown on page 10 of this order, and shall fax the completed form to the Albany County Health Department at [PHONE REDACTED]. Officers shall also email a copy of the completed form to the ACO at animalcontrol@albany- ny.org. ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 3 1. Personnel are not required to complete and Animal Control Bite Form if the victim’s skin is not broken or if the injury involves only minor scratches. 2. For these instances, personnel shall complete a Standardized Incident Report. B. Personnel shall make every effort to identify the owner of the offending animal or, in the case of a stray or wild animal, to capture it, if safe to do so. C. If the victim’s skin is broken, personnel must verify a valid rabies vaccination for the animal. 1. If no verification of a valid rabies vaccination can be made, the animal must be seized for a ten (10) day observation period at the Humane Society. 2. ACOs shall note on the shelter paperwork that a bite occurred. D. If owner identity can be verified and the animal has a current rabies vaccination, the owner may verbally agree to a ten (10) day confinement of the animal. 1. ACOs and police officers shall indicate the home confinement agreement in the narrative portion of the bite form or SIR. E. If the owner or other person in control of the offending animal refuses to comply with the terms of the home confinement agreement, the ACO shall take the animal into custody and confine the animal at the Humane Society for the required ten (10) day period of observation. 1. Before seizing the animal for confinement, the officer should explain to the owner that such boarding is at the owner's expense. IV. VICIOUS OR DANGEROUS ANIMALS A. With supervisor approval, officers are justified in using firearms to humanely dispatch animals provided the following criteria is met: 1. An animal is attacking or presenting an imminent danger of substantial harm to the officer or any person; 2. The animal appears to be rapid and a potential harm to others (all efforts shall be made to not shoot the animal in the head); and 3. There is no threat of injuring any other party in the immediate vicinity or the surrounding area. B. In all instances where an officer humanely dispatches an animal, the officer shall complete the following: 1. An Albany Police Department Subject Resistance/Use of Force Report; 2. A Standardized Incident Report (SIR); 3. Notify the owner of the animal, if applicable; and 4. Notify Animal Control, and Department of Environmental Conservation when applicable, and request that the animal is removed and brought to ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 4 the appropriate facility for testing. V. BARKING DOGS A. Under the City of Albany General City Ordinance - Chapter 115 Section 2(B), it is unlawful for any dog to engage in habitual loud howling or barking or to conduct itself in such a manner as to habitually annoy any person. B. Police officers and ACOs shall take complaints of barking dogs, according to the following: 1. Obtain the address where the dog resides from the complainant. 2. Verbal warnings may be given by personnel to the dog’s owner(s), and documented on a Field Interview Report card. 3. If a citation is being issued: a. The complainant should be used as proof of the incident. b. The complainant may be required to appear in Court. c. ACO depositions shall be signed, witnessed and distributed in person. 4. Sworn members may issue summonses under the General City Ordinance. VI. CATS A. ACOs shall not pick up stray cats unless the cat: 1. is sick or injured; or 2. Has bitten a person (for cat bites refer to section III – Animal Bites). B. Injured or sick cats shall be taken to the veterinarian hospital or shelter to be euthanized. VII. ANIMAL CRUELTY A. ACOs shall not investigate animal cruelty complaints. 1. All complaints should be reported to the Police Department. 2. ACOs do not have peace officer status therefore they do not have the authority to investigate cruelty cases and shall not do so. a. Under New York State Agriculture and Market Law only Peace Officers and Police Officers have authority to investigate and/or charge with animal cruelty. B. ACOs can only remove an animal if a sworn member has or is charging the owner with cruelty. 1. ACOs assisting officers with conducting a cruelty investigation shall indicate on the Humane Society paperwork that the animal(s) are being ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 5 held for a cruelty case. C. ACOs may assist sworn personnel with the investigation, if requested. D. Within the scope of an investigation and with proper documentation, the following may be considered cruelty: 1. Dogs left in vehicles on a hot day. 2. Animals left behind in an apartment. 3. Dogs in a back yard without food, water and shelter. 4. Animals that need medical attention and the owner(s) are not supplying the appropriate care. 5. Dogs left outside in bad weather (rain storm, snow storm). VIII. DEAD ANIMALS A. ACOs shall respond to all dead animal incidents on City property. 1. The ACO shall make all appropriate notifications for assistance and referrals if needed. B. ACOs shall not pick up animals from private property, unless the incident involves a criminal investigation and/or possible rabies. 1. Outside the above circumstances, the complainant shall be advised that it is his/her responsibility to seek appropriate removal of the dead animal(s). C. Police officers may also be dispatched to dead animals if an ACO is not on duty. 1. Dead animals may be left for an on-duty ACO to pick up during regular business hours. 2. Officers shall notify Communications of the location of the dead animal. 3. Communications shall note the information and notify an ACO during their next tour of duty. 4. If the situation requires the responding police officer to stand by until an ACO responds, he/she shall do so. D. On the Animal Control Activity Sheet, APD Form # 363 shown on page 14 of this order, ACOs shall list the following: 1. The location where the dead animal was picked up; 2. If the animal was wearing a collar or tags; 3. Description of the animal, including: a. Color; b. Breed; c. Sex; and d. Identifying markings. E. During non-business hours and in emergency situations, the on-duty supervisor shall be notified for approval to call in an ACO to respond. ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 6 IX. EVICTIONS A. ACOs cannot remove a pet from any premises during an eviction and shall not do so. 1. The property owner shall be advised that he/she must make arrangements for the removal of the pet(s), as well as all other possessions left behind by the tenant. 2. A dog or other pet left behind in the residence is the property of the tenant and should be treated as such. B. If called for assistance, ACOs shall only be dispatched to contain the animal. C. If the pet(s) are deemed “abandoned” then police officers and ACOs shall follow procedures under section XIV of this General Order - “Impounding of Animals”. X. FARM ANIMALS A. Under the City of Albany’s General City Ordinance - Chapter 115, the keeping, harboring, or sheltering of any farm animals or fowl is prohibited. This includes: 1. Cows; 2. Cattle; 3. Horses; 4. Ponies; 5. Donkeys; 6. Mules; 7. Pigs; 8. Goats; 9. Sheep; 10. Chickens; 11. Ducks; 12. Geese; and 13. Any other animals or fowl usually known as “farm animals or fowl”, but not solely limited to the aforementioned and not including common household pets. B. ACOs shall respond to calls regarding violations of the City Ordinance during normal business hours. C. During non-business hours, notifications and referrals shall be made to ACO to investigate during their next tour of duty. 1. Responding Officers shall notify Communications of the location and incident type. 2. Communications shall make note and notify the ACO during their next tour of duty. XI. INJURED ANIMALS ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 7 A. ACOs shall respond to all injured animals during normal business hours. 1. Police officers may be dispatched to injured animals if an ACO is not on duty. 2. ACOs and police officers may refer to DEC for assistance. B. With supervisor approval, officers are justified in using firearms to humanely dispatch animals provided the following criteria is met: 1. An animal is badly injured, diseased, threatening, or destructive (shotguns shall be considered humane in dispatching animals in these situations); and 2. There is no threat of injuring any other party in the immediate vicinity or the surrounding area. C. In all instances where an officer humanely dispatches an animal, the officer shall complete the following: 1. An Albany Police Department Subject Resistance/Use of Force Report; 2. A Standardized Incident Report (SIR); 3. Notify the owner of the animal, if applicable; and 4. Notify Animal Control, and Department of Environmental Conservation when applicable, and request that the animal is removed, unless the animal is removed by the owner(s) or their representative. D. ACOs shall only pick up animals that are dying or are seriously injured. 1. Dogs shall be taken to the appropriate veterinarian for medical treatment or euthanization. 2. Cats shall be taken to the shelter or veterinarian to be euthanized. 3. With supervisor approval, police officers may euthanize wildlife animals only if the animal poses an immediate threat to the public or appears to be terminally injured and is suffering. E. If the owner is on the scene, it is the owner’s responsibility to transport the animal to a Veterinary Hospital. F. If the owner is not on scene: 1. The officer will make every attempt to identify and notify the pet owner. 2. During business hours, the injured animal(s) shall be taken to the Central Veterinary Hospital for medical treatment by the ACO. 3. During non-business hours, all injured animals shall be taken to the Capital District Animal Emergency Clinic for medical treatment by the ACO. a. Any animal brought into the emergency clinic must be picked up before the clinic closes. b. If the animal needs further medical treatment it should be transported to the Central Veterinary Hospital the next morning. c. All other animals shall be brought to the Humane Society. ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 8 4. If arrangements are not made and the owner cannot be contacted the animal will be put up for adoption after five days. G. During non-business hours and in emergency situations, the on-duty supervisor shall be notified for approval to call in an ACO to respond. XII. NON-INJURED WILDLIFE A. ACOs generally do not handle reports of non-injured wildlife. In most circumstances the complainant shall be referred to an appropriate pest control service. B. If a wild animal is aggressive and possibly poses a threat to safety, a police officer may be dispatched to assess the situation and to determine the proper course of action. XIII. LOOSE DOGS A. ACOs shall respond to reports of loose dogs. When an ACO is unable to respond immediately, officers shall attempt to contain the loose dog(s). 1. If the dog is contained, an ACO shall be notified to respond. 2. During non-business hours and in emergency situations, the on-duty supervisor shall be notified for approval to call in an Animal Control Officer to respond. XIV. ANIMAL IMPOUNDING A. If there is no ACO on-duty, citizens holding loose or stray animals shall be advised to hold the animals until an ACO is on duty or they may transport the animal to the Humane Society. 1. If the citizen is unable to transport the animal to the humane society or is unwilling to keep the animal until an ACO is available, the on-duty supervisor will determine the appropriate course of action. B. If an ACO is on duty, he/she will receive all dogs or cats for transport to the appropriate facility. C. ACOs or police officers impounding animals are responsible for providing the impounded animal with the appropriate shelter and sustenance. D. Animals shall not be transported in vehicles other than the animal control vehicle, unless unusual circumstances exist, as determined by the on-duty supervisor. E. Officers may not seize or impound an animal determined to be located on the owner's property except as authorized by court order or unusual circumstances. 1. This provision does not preclude the impoundment of an animal observed to be running at large when residents of the property are not readily ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 9 available and the likelihood exists that the animal is aggressive and poses a threat to public safety. F. Responding personnel shall ensure all the necessary and correct documentation is completed and forwarded appropriately, which shall include: 1. Animal Control Seizure and Disposition Form, APD Form # 361 shown on page 12 of this order; and 2. Animal Control Notification of Seizure Form, APD Form # 362 shown on page 13 of this order. XV. OFFENSES A. Any police officer may initiate the criminal process by way of uniform citation or application for a criminal summons or warrant for any violation occurring in his/her presence, or where the officer is able to secure a witness willing to testify to the alleged violation. 1. These options are particularly useful in cases involving animal cruelty, repeat offenders, and non-compliant offenders. B. Police officers may opt to issue a General City Ordinance summons, which imposes a civil penalty for the offense, in lieu of any criminal action. 1. When using this option, all applicable offenses shall be charged on separate tickets. C. ACOs and police officers may issue ordinance tickets or initiate the criminal process by application for a criminal summons or warrant, at their discretion. 1. Criminal summonses and arrest warrants must be served by police officers. 2. If an ACO or police officer opts to issue an ordinance ticket based on the observation of a witness, the witness's name, address, and telephone number shall be indicated on the face of the ticket before the offender is given the appropriate copy of the ticket. 3. Persons agreeing to be witnesses shall be advised that their identities cannot be kept confidential. XVI. EQUIPMENT AND UNIFORMS A. All uniforms and equipment issued to ACOs shall be worn in a manner consistent with departmental directives. 1. ACOs shall receive training in the use of a particular piece of equipment before being allowed to carry or utilize such equipment. ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 10 ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 11 ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 12 ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 13 ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 14 ---PAGE BREAK--- - Animal Control and Enforcement, G.O. 3.4.35 Page 15