No more than five cats, over six months old,
may be harbored or permitted to remain in any dwelling unit or lot
in the City of Middletown.
Any person who violates any of the provisions
of this article shall be guilty of an offense within the meaning of
the Penal Law of the State of New York and, upon conviction thereof,
shall be subject to a fine of not less than $50 nor more than $250
for each violation and in addition may be required by the court in
its discretion to pay restitution to the City of Middletown for any
expenses associated with the seizure, impoundment, shelter, care or
destruction of the violator's cats. Each day that a violation is permitted
to exist shall constitute a separate offense.
In the event that a law enforcement agent or
Animal Control Officer has probable cause to believe that a cat is
being harbored or permitted to remain in any dwelling unit or lot
in violation of this article, the law enforcement officer or Animal
Control Officer may petition the Middletown City Court to order the
seizure and impoundment of the cat pending hearing. The owner or custodian
of any cat seized and impounded pursuant to this article shall be
afforded a hearing upon appropriate notice within five days of said
seizure to determine if in fact a violation of this article has occurred.