Hornell says families can only have 4 dogs: Why they passed a new ordinance

Hornell officials have decided families in the city will be limited to a maximum of four dogs following what they describe as "quality of life" issues linked to "large collections" of canines.

Cat lovers have long been limited to having five felines per residence in Hornell while dog owners have always been permitted to keep as many as they wished.

That's about to change.

On April 18, the Hornell Common Council unanimously approved an ordinance limiting the number of dogs allowed per household to no more than four over the age of four months.

City officials said the ordinance targets a problem that has grown worse over the past few years: unhealthy and unsafe living conditions in residences where the dog population reaches double digits.

The new limit will not take effect until May 18 and Hornell residents who currently have more than four licensed dogs won't necessarily have to say goodbye to their pets.

Mayor: New ordinance is a quality of life measure

City officials said there have been numerous instances — over several years — of households having large collections of dogs living in poor conditions.

Complaints come from neighbors and the city receives referrals from social service agencies, schools and the fire department, officials said.

Hornell Mayor John Buckley said the situation has impacted the quality of life in Hornell and in some cases endangered children.

“We have seen a growing trend where people have these large collections of dogs," Buckley said. “We have been receiving referrals about a child who lives in a home and they have eight dogs, nine dogs. And the child is in poor health, the quality of life has been suffering."

Buckley said these situations have occurred in both single-family, owner-occupied homes and at rental properties.

In one case investigated by the Hornell Codes Enforcement Office, 19 dogs were living in a structure.

Buckley said, "We are not talking about a breeder. We are not talking about someone who has a kennel license. The condition of the dogs was horrible. They were not being fed correctly. There {were} feces all over, urine all over.”

According to officials, even in the most crowded and unsafe conditions uncovered, the city has few options without a limit on the number of dogs.

NYS municipalities set dog limits

In New York state, there are no state-wide laws regulating the number of dogs someone can own or keep on a property. Regulations are left to municipalities

Hornell's cat limit has been on the books for many years but nothing limited the number of dogs a residence could have.

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“You could effectively have 50 dogs and if they are all licensed, they are perfectly legal,” Buckley said. “People would agree that would be an absurd number of dogs to have but we were running into instances, I think 19 were the highest, but we had several of eight, nine, ten, a dozen, in that reach.”

Hornell looked to other municipalities to see what they have on the books. Buckley said the city learned that almost every city has limitations in place.

Two cities much larger than Hornell — Rochester and Buffalo — have stricter limits than what Hornell's City Council approved.

In Buffalo, single-family homes, double-family homes and commercial properties are allowed to have three dogs over the age of four months old.

Rochester residents who live on properties with three or fewer units may own and keep up to four dogs that are older than four months. Properties that have four units or more are allowed to have one dog per household that is four months or older.

Bud Burdett, Hornell's director of Facilities Management and Neighborhood Revitalization, researched municipalities closer to home, checking the cities of Corning and Olean and the village of Dansville.

Burdett said both Corning and Dansville have limits of four dogs over the age of four months.

Olean takes a different approach, allowing no more than a combined total of four cats and dogs at a residence, Burdett said.

Burdett reported his findings to the Common Council's Law and Ordinance Committee which, after lengthy study, sent a measure essentially identical to Dansville's to the full board for approval.

Buckley said the Common Council constructed the law in a “thoughtful and caring manner.”

"This was not a decision made lightly and many factors were considered," said Jessica Cleveland, a 6th Ward alderwoman and deputy mayor. "As a pet owner, I really wanted to ensure the well-being of family and pets was considered, while balancing those who also may be negatively affected."

Duane Street resident Joe Hicks, who recently adopted one-year-old, mixed-breed Buddy from the Hornell Area Humane Society, is pleased the Common Council passed the ordinance but said he would have preferred a stricter limit.

"I think four is too many," Hicks said during a recent walk with Buddy. "They say if you get three you're going to have a pack and they will start fighting about who is going to be a leader.

"It depends on the size of the dog, but you still don't want a dozen chihuahuas in your house."

The Humane Society told Hicks that Buddy spent most of his first year cooped up inside a crowded barn with many animals. Hicks said Buddy is still being affected by those previous conditions. He is timid and easily startled on walks.

"He panics. His poor tail gets up between his legs and he says, 'I want to go home,'" Hicks said.

Burdett acknowledged some residents may question why the city made the change, but he expects most people to back the limits.

“It all comes down to safety and making sure we have a quality of life in our neighborhoods that people are comfortable with and enjoy going out and enjoying their properties,” he said.

Joe Hicks and his dog Buddy stop for a rest during a walk on Duane Street in Hornell, April 28, 2022. Hicks adopted the one-year-old mix breed from the Hornell Area Humane Society earlier in April.
Joe Hicks and his dog Buddy stop for a rest during a walk on Duane Street in Hornell, April 28, 2022. Hicks adopted the one-year-old mix breed from the Hornell Area Humane Society earlier in April.

Ordinance includes grace period, 'grandfather clause'

Because the ordinance doesn't take effect until May 18, dog owners have some wiggle room. The restriction will not apply to households that currently have more than four dogs over the age of four months, provided the dogs are legally licensed at the time the ordinance goes into effect.

“In those cases, they are grandfathered in -- they did it the right way to begin with, so those people will not be affected,” said Buckley, who noted his family has two dogs.

The grace period also allows households that have more than four dogs to get in under the deadline by getting the animals licensed by May 18.

“Say you have five or six dogs now, and they are not licensed, it gives you an opportunity to come into the city clerk’s office and license the dogs,” Buckley said.

All dogs older than four months must be licensed in Hornell. The cost is $7.50 if the animal is spayed/neutered and$15.50 if they are not. Proof of a rabies shot is required. The license must be renewed every year.

According to the City Clerk's Office, there are currently about 1,500 licensed dogs in Hornell. That doesn't necessarily reflect the number of dogs in the city as owners don't always alert the Clerk's Office when a dog dies or is given away.

Laura Dunning, shelter manager for the Hornell Area Humane Society, said she doesn't expect the shelter to have an influx of dogs as a result of Hornell's new ordinance, given the grace period and allowances for those who have more than four licensed dogs already.

Dunning noted that owning multiple dogs is a challenge even aside from municipal restrictions. She said the cost for food and vet care for several animals can be prohibitive and dogs need adequate space to stay healthy and thrive.

But she added, "If you have the proper means to take care of that many dogs, you should be fine."

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This article originally appeared on The Evening Tribune: Hornell's 4-dog limit takes effect May 18: What to know about rules