[Adopted 10-16-1997 by Ord. No. 97-21 as Ch. 6.04 of the 1997 Municipal Code[1]]
[1]
Editor's Note: Prior amendments to this article
include an ordinance adopted 9-26-1974 and Ord. No. 90-14, adopted
7-26-1990.
It is hereby declared that this article is adopted
as a safeguard to the health of the inhabitants of the City, to prevent
nuisances and generally to protect the health, welfare and well-being
of the public.
[Amended 1-15-1998 by Ord. No. 97-029; 3-7-2013 by Ord. No. 2013-003]
A.
It shall
be unlawful, to harbor, house, keep, maintain, care for or stable
any horse, mare, donkey, mule, cattle, sheep, swine, mink, rabbits,
goats, or more than six cats per dwelling within the limits of the
City without first having obtained and having in full force and effect
a written permit therefor.
[Amended 11-7-2019 by Ord. No. 2019-006]
B.
The limitation
on the number of feral cats kept, held, or harbored shall not apply
to caretakers of feral cat colonies that act pursuant to the guidelines
and in accordance with the trap, neuter/spay, vaccinate, and return
program of The Colony Caregivers [a 501(c)(3) corporation formed under
the laws of the State of New York], if such colony has been registered
with the City Manager. A colony is considered "registered" when an
officer of The Colony Caregivers provides written notice (including
e-mails) to the City Manager of the property location of an established
feeding station. The registration of such colony in no way impedes
the power and ability of the City to declare such colony a public
nuisance.
Any person desiring to procure a permit under
this article shall make application to the Clerk/Treasurer upon a
form furnished by the City and grant to the City, its officers, servants,
agents and employees, the right to enter in and upon the premises
and place designated in said application for the purpose of making
an inspection at any time.
[Amended 5-3-2007 by L.L. No. 1-2007]
Upon the filing of the application and the granting
of the right of entry for inspection at any time, it shall be the
duty of the Sanitation Inspector, or whoever the City Manager shall
designate, to make an inspection of the premises and place for which
the permit is requested and file his report and recommendation with
the Clerk/Treasurer as to the approval or rejection of said application.
[Amended 5-3-2007 by L.L. No. 1-2007]
Upon the approval of said application by the
Sanitation Inspector, the Clerk/Treasurer shall, upon the payment
by applicant of a fee as set from time to time by resolution of the
City Council, issue a permit good until revoked or otherwise terminated
as hereinafter provided. No permit shall be assignable or transferable.
[Amended 5-3-2007 by L.L. No. 1-2007]
It shall also be the duty of the Sanitation
Inspector, or whoever the City Manager shall designate, to make inspections
from time to time and such other inspections as he may be directed
by the City Manager of the premises and place for which permits have
been issued to ascertain whether or not said premises or places are
maintained in accordance with the provisions of this article.
It shall also be the Inspector's duty to report
all violations of the provisions of this article and other provisions
of the Code, the Public Health Law of the state, and the rules and
regulations of all departments of the City, to the proper authorities.
[Amended 5-3-2007 by L.L. No. 1-2007]
The City Manager or the Sanitation Inspector
shall have full power to revoke and cancel any permit issued hereunder
for the holder's failure to comply with any of the provisions of this
article and of any and all other provisions of this Code, ordinances,
rules and regulations now existing or as may be hereafter enacted
or promulgated in any manner affecting the health, comfort and welfare
of the public and citizens of the City.
The premises and place where said horses, mares,
donkeys, mules, cattle, sheep, swine, mink, rabbits, goats, cats in
excess of six, or poultry are housed must be kept at all times in
a clean, wholesome, sanitary condition and free from offensive odors.
All accumulation or collection of manure and other refuse derived
from the keeping of said animals, swine and fowl must be disposed
of in a sanitary manner.
[Amended 5-3-2007 by L.L. No. 1-2007; 1-5-2009 by Ord. No.
2008-022; 3-7-2013 by Ord. No. 2013-003]
A.
No owner of, or other person having the custody of, or who harbors (as defined in § 253-13), houses, keeps, maintains, or cares for any dog, cat, horse, cattle, sheep, swine, or other animal shall suffer or permit any of such animals to run at large on any property open to the public, or on any property not owned or leased by the owner, or without the property owner’s permission.
B.
Subsection A above is specifically not applicable to caretakers of feral cat colonies that act pursuant to the guidelines and in accordance with the trap, neuter/spay, vaccinate, and return program of The Colony Caregivers [a 501(c)(3) corporation formed under the laws of the State of New York], if such colony has been registered with the City Manager. A colony is considered "registered" when an officer of The Colony Caregivers provides written notice (including e-mails) to the City Manager of the property location of an established feeding station. The registration of such colony in no way impedes the power and ability of the City to declare such colony a public nuisance.
[Amended 5-3-2007 by L.L. No. 1-2007]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine not exceeding $250 or imprisonment not exceeding 15 days or by
both such fine and imprisonment.
