[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 12-15-1992
by L.L. No. 3-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Dog control — See Ch. 69.
This chapter shall be known as the "Cat Control Law of the Village of
Chittenango."
The purpose and intent of this chapter shall be to preserve the public
peace and good order of the Village of Chittenango and to contribute to the
public welfare and the preservation and protection of the property and the
person of the inhabitants of said village by declaring and enforcing certain
regulations and restrictions on activities of cats and owners of cats within
the village.
As used in this chapter, the following terms shall have the meanings
indicated:
A cat of any age which shall be left without either food, water or
shelter, or unattended for a period of at least 72 hours.
The person or persons appointed by the Village Board to the position
of Animal Control Officer, charged to carry out enforcement of the provisions
of this chapter. This person shall have the powers of a constable or other
peace officer in the execution of the provisions of this chapter.
Any member of the domestic feline species.
When applied to the proprietorship of a cat, shall include any person
having a right of property or custody in such cat and any person who has such
cat in his/her keeping or who harbors or maintains a cat or knowingly permits
a cat to remain on or about any premises or vehicle owned or occupied by that
person. If the owner of the cat is a minor, the owner of the cat shall be
deemed to be the parent or guardian of the minor for the purpose of this chapter.
Any individual, corporation, partnership, organization or association
of persons commonly recognized as such by law.
This chapter shall apply to all cats harbored within the Village of
Chittenango.
A.Â
All owners shall keep the quarters where cats are kept
clean and sanitary and such as not to create a health hazard or nuisance.
B.Â
No owner shall abandon any cat of any age.
C.Â
No owner shall leave a cat unattended in a vehicle when
the conditions in that vehicle would constitute a health hazard to the animal.
A.Â
Emergency seizure. In the event that a violation of this
chapter is deemed an emergency where the life of a cat or personal injury
or property damage is immediately at risk, the Animal Control Officer, the
Commissioner of Public Safety or the duly authorized designee may seize such
cat temporarily for the purpose of eliminating the danger and determining
a responsible person to whom the cat may be released.
B.Â
Right of entry.
(1)Â
In such emergency, the Animal Control Officer, the Commissioner of Public Safety or duly authorized designee is hereby authorized to proceed upon public and private property within the village. However, this authority does not extend to a privately owned structure without the consent of the owner, lessee or other occupant in control of the premises or without other legal process or authority, except as provided in Subsection B(2).
(2)Â
If the life of a cat or personal injury is immediately
at risk, right of entry shall extend to a privately owned structure where
consent of the owner, lessee or other occupant in control of the premises
or other legal process or authority cannot be immediately obtained.
C.Â
Notice. If a cat is seized without the knowledge or consent
of the owner or occupant of the premises, a notice shall promptly be affixed
to said premises in an obvious location, directing the occupant to contact
the Animal Control Officer, Commissioner of Public Safety or duly authorized
designee, providing the address and telephone number of the same on said notice.
Neither the Commissioner of Public Safety nor any police or peace officer
designated for that purpose by the Commissioner of Public Safety, the Animal
Control Officer, the Society for Prevention of Cruelty to Animals or any similar
organization designated by the Commissioner of Public Safety may arrest or
cite by appearance ticket any person for violation of this chapter unless
he personally witnesses the violation, except that, upon written complaint
signed by the complainant and filed with said officer, he may cause an accusatory
instrument to be filed before the court charging the violation and requesting
the issuance of a summons naming the owner to be served pursuant to the requirements
of § 130.40 of the Criminal Procedure Law.
No person shall hinder, molest or interfere with anyone authorized or
empowered to perform any duty under this chapter.
A.Â
Maximum penalty. For each violation of any provision
of this chapter, the maximum penalty shall, upon conviction thereof before
the Village Justice or other judge authorized to hear and determine the matter,
be a fine not exceeding $250 or imprisonment in the county jail for a period
not exceeding 15 days, or both, in the discretion of the presiding judge.
B.Â
Except as otherwise provided, a fine of not less than $10 nor more than $25 shall be imposed for the first violation of any provision of this chapter. A fine of not less than $25 nor more than $50 shall be imposed for the second violation within one year. A fine of not less than $50 nor more than $100 shall be imposed for the third offense within 18 months. Fines for subsequent violations within a two-year period of the last violation shall be pursuant to Subsection A of this section, but in no event shall be less than $100.
C.Â
Separate violations. Each and every day in which a violation
of any provision of this chapter exists shall constitute a separate violation.
It shall be a separate violation as to each and every cat found to be the
subject of a violation of any provision of this chapter.
Wherever there shall appear in this chapter a reference to "he" or "she"
or words of similar import, such shall be considered inclusive of both sexes
and shall also include the plural, without exclusion.
This chapter shall take effect on or about February 1, 1993.
