City of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
[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.