The purpose of this article is to mitigate the
adverse effects of large cat colonies upon the quality of life in
the Town of Greenport. The Town Board of the Town of Greenport finds
that colonies of unidentified cats have caused damage to property
and have created nuisances within the Town. The purpose of this article
is to protect the health, safety and well-being of persons and property
by imposing restrictions on cats within the Town.
As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
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 § 46-13 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 chapter or otherwise.
The following regulations apply to all parcels
of land located in the Town of Greenport:
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 phone 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 Dog Control Officer, or a member of the Greenport Police Department, 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 cat identified pursuant to § 46-13 of this chapter and 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 Greenport 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 provided food and water 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 Greenport 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.
A member of the Greenport Police Department,
or any agent or officer of a duly incorporated Society for the Prevention
of Cruelty to Animals is hereby authorized to seize, retain, and euthanize
any lost, strayed, homeless or abandoned cat found upon any public
or private property in the Town of Greenport pursuant to the procedure
delineated in §§ 373 and 374 of the Agriculture and
Markets Law of the State of New York.
Neither the Town of Greenport, its officers
or employees, the Greenport Police Department, the agents or officers
of a duly incorporated Society for the Prevention of Cruelty to Animals,
nor the Town of Greenport Dog 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 chapter.
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 chapter in effect
on the effective date of this chapter are hereby superseded to the
extent that such provisions are inconsistent herewith.
The violation of any provision of this article
shall constitute a violation punishable by a fine of not more than
$50 for a first offense; not more than $75 for a second offense; and
not more than $100 for the third and all subsequent offenses.
