[Adopted 3-9-2000 by L.L. No. 2-2000]
The purpose of this article is to mitigate the
adverse effects of large cat colonies upon the quality of life in
areas of concentrated human population within the Town of Copake.
As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Any and all parcels of land in the Town of Copake which are
less than one acre in size.
Any cat of either sex or of any age.
Any cat kept in or about the residence of an owner which
is not vicious, dangerous or otherwise obnoxious, objectionable or
offensive.
Any cat found outdoors which does not bear a form of identification required under § 85-13 hereafter.
Any unsecured portion of property in which a cat can move
or roam at will.
Every person having a right of property in a cat and every
person who has a cat in his or her keeping or who harbors a cat, or
the adult member of a family in which a minor owner of a cat resides.
Any establishment, public or private, for the confinement
of cats seized either under the provisions of this article or otherwise.
The following regulations apply to all parcels
of land located in the Town of Copake which are less than one acre
in size as listed on the most current assessment roll for the Town
of Copake:
A.
No cat shall be allowed outside the residence of its
owner at any time unless the cat wears a collar and tag, tattoo, microchip
or other reliable form of identification stating the name, address
and telephone number of the owner.
B.
No cat shall be allowed outside the residence of its
owner unless it has been vaccinated for rabies and feline leukemia,
nor unless it has been spayed or neutered.
C.
No cat shall be fed outdoors unless the owner is present.
D.
All cats, to the extent practicable, shall be restrained
to stay within the boundaries of the residential premises of their
owner.
A.
The members of the Copake Police Department, the Animal
Control Officer of the Town of Copake, or any agent or officer of
a duly incorporated Society for the Prevention of Cruelty to Animals
is hereby authorized to seize and retain any lost, strayed, homeless
or abandoned cat found upon any public or private property to which
these regulations apply in the Town of Copake which is found to be
in violation of any of the provisions of this article. No person administering
the provisions of this article shall enter into a house, apartment,
garage or other secure facility without the consent of the owner or
the tenant of the premises unless a search warrant issued by a justice
of the Town Court of the Town of Copake is first obtained.
B.
Any cat so apprehended shall be retained by the town
or a designated agency in a properly sheltered and secure place and
shall be properly fed and watered for a period of seven days.
C.
Within a period of seven days after the cat is apprehended,
the owner may reclaim the cat upon reasonable proof of ownership to
the person or agency having custody of the cat and upon payment to
the Town of Copake of a fee in the amount of $25 plus $5 per day for
each day or fraction thereof that the cat is held in custody, plus
the reimbursement of all fees and expenses paid or incurred by the
town for veterinary treatment rendered to the cat while in the custody
of the town.
D.
If the cat has not been claimed by the reputed owner
within seven days after its apprehension, any person may adopt the
cat upon payment to the town of a fee of $15 and the reimbursement
of all fees and expenses paid or incurred by the town for veterinary
treatment rendered to the cat while in the custody of the town.
E.
If, after a further period of seven days, a cat has
not been adopted or it appears to the satisfaction of the person or
agency retaining a cat in custody that the cat is injured or diseased
or is not domesticated, as defined above, the custodian shall deliver
the cat to a person or animal-care facility with whom the custodian
believes the cat will be properly cared for. If no facility is available,
the custodian may allow the cat to be euthanized, or otherwise disposed
of in a humane manner consistent with the provisions of § 374
of the Agriculture and Markets Law of the State of New York.
F.
Neither the Town of Copake, its officers or employees,
the Copake Police Department, the agents or officers of a duly incorporated
Society for the Prevention of Cruelty to Animals, nor the Town of
Copake Animal Control Officer, nor other persons or agencies authorized
to enforce the provisions of this article shall be liable in damages
or otherwise for the seizure, detention, adoption or euthanizing of
any cat found in violation of any of the provisions of this article.
Pursuant to § 22 of the Municipal
Home Rule of the State of New York, any provision of the Agriculture
and Markets Law of the State of New York which limits the authority
of the Town Board to enact the provisions of this article in effect
on the effective date of this article are hereby superseded to the
extent that such provisions are inconsistent herewith.
[Amended 7-12-2007 by L.L. No. 3-2007]
A.
Any person, firm or corporation who is guilty of a
violation of this article shall, upon conviction thereof, be subject
to a fine of not more than $250 or imprisonment for a term of not
more than 15 days, or both. Each day after notice that a violation
continues shall be deemed a separate offense. In addition, a civil
penalty of $100 per day may be assessed for any such violation, which
civil penalty shall be recovered by the Town of Copake in a civil
action.
B.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person found guilty
of such an offense.
C.
Appropriate actions and proceedings may be taken at
law or in equity to prevent or remedy unlawful violations or infractions
of any portion of this article, and these remedies shall be in addition
to penalties otherwise prescribed by law.
