[Adopted 9-8-1998 by L.L. No. 9-1998]
[Amended 4-15-2019 by L.L. No. 1-2019]
The Village of Brockport Board of Trustees recognizes that state law preempts the Village from regulating cats that are lost, strayed, homeless and/or abandoned pursuant to New York Agriculture and Markets Law Chapter 26 regulating said animals. The Board further recognizes that the Agriculture and Markets Law does encourage municipalities to promote humane population control programs for said animals. Therefore, the Board finds and declares that a community cat program is an effective method to both care for and meet the public's desire to see community cats cared for in a humane manner. It improves neighborhood tranquility and public health, while at the same time reducing the number of community cats, "nuisance" complaints, impound and killing, and wasteful expenditures of public and private resources.
[Amended 4-15-2019 by L.L. No. 1-2019]
As used in this article, the following terms shall have the
meanings indicated:
A member of the species Felis catus.
A group of one or more community cats.
A free-roaming cat.
A person who provides care to one or more community cats.
However, community cat caregivers are not the owner, harborer, controller,
or keeper of a community cat.
The nonlethal process of humanely trapping, sterilizing,
vaccinating for rabies, ear-tipping, and releasing community cats
to their habitats .
The removal of the one-fourth-inch tip of a community cat's
left ear, performed while the cat is under anesthesia in compliance
with any applicable federal or state law and under the supervision
of a licensed veterinarian.
To spay or neuter a cat to render it incapable of reproduction.
A program in which community cats are humanely trapped, evaluated,
vaccinated, sterilized, and ear tipped by a veterinarian and returned
to the trap location with the intent of humanely controlling or reducing
feline population and reproduction.
A person licensed to practice veterinary medicine in the
State of New York.
[Added 4-15-2019 by L.L.
No. 1-2019[1]]
A.
TNVR of community cats shall be legal in the Village of Brockport
and interested citizens are encouraged to participate in and support
TNVR activities on a voluntary basis. Persons who are actively engaged
in TNVR activities may register with the Village Clerk.
B.
All persons who attempt to trap community cats for TNVR in the Village
of Brockport shall be familiar with the guidelines, supported by regional
and national feral and community cat organizations, regarding appropriate
methods of TNVR.
C.
An ear-tipped cat received by local shelters shall be returned to
the location where trapped unless veterinary care is required.
D.
A trapped, ear-tipped community cat shall be released on site unless
further veterinary care is required, in which case the cat will be
returned once the animal no longer needs care.
E.
A community cat caretaker may reclaim a community cat if impounded
at a local shelter or impoundment facility, without fee, if sterilized
or for purposes of placing the cat in a community cat TNR program.
F.
Trapping of a community cat is only permitted for purposes of a community
cat program, providing needed veterinary care, adoption, transfer
to a rescue group, or reunification with his/her owner.
G.
Socialized cats and all kittens subject to TNVR shall be eligible
to be, but not mandated to be, resocialized and put up for adoption.
H.
It shall not be a violation of this section to determine that the
best course of action for a particular cat, or cat colony, is to be
left alone.
I.
Leash laws, stray laws, licensing laws, and limitations on the number
of cats owned, kept, held, or harbored, and feeding bans shall not
apply to community cat caretakers.
J.
All enforcement officers shall use appropriate opportunities to inform
stakeholders about TNVR.
K.
The Village of Brockport shall implement and administer this article
in consultation with community cat welfare experts who make themselves
known to the Village Board.
It shall be unlawful for any owner of or any person harboring
any cat to permit or allow such cat in the Village of Brockport to:
A.
Be vicious or to spray or to defecate in such a way as to cause annoyance
to any person other than the owner or person harboring such cat.
B.
Cause damage or destruction to property or to commit a nuisance upon
the premises of a person other than the owner or person harboring
such cat.
C.
Remain in the Village of Brockport unless vaccinated currently against
feline rabies.
[Amended 12-15-2014 by L.L. No. 4-2014]
Any Village Justice of the Village of Brockport shall have jurisdiction
to hear all actions and proceedings hereunder and of all prosecutions
for the violation of this article.
[Amended 6-20-2005 by L.L. No. 2-2005]
All complaints concerning alleged violations of this article
shall be communicated to the Town of Sweden Dog Control Officer or
Deputy Dog Control Officer. All such complaints shall be investigated,
and it shall be the duty of the Town of Sweden Dog Control Officer
or Deputy Dog Control Officer, in the appropriate case, to proceed
with civil or criminal enforcement of the article or any provision
of law pertaining thereto.
The Animal Control Officer or Deputy Animal Control Officer,
having reasonable cause to believe that a person has violated this
article, shall issue and serve upon such person an appearance ticket
for such violation. The appearance ticket shall be in the form as
prescribed by resolution of the Village Board in accordance with the
provisions of this article.
[1]
Editor's Note: Former § 5-25, Enforcement,
seizure of cats at large, was repealed 6-20-2005 by L.L. No. 2-2005.
A.
For any cat seized pursuant to § 5-25 above, the following notification and redemption procedure shall be followed:
(1)
Unidentified cats shall be held for a period of five days from the
day of seizure, during which time the owner may redeem the cat.
(2)
For identified cats, the owner shall be notified personally or by
certified mail, return receipt requested, of the facts of the seizure
and the redemption procedure. If notification is made personally,
the cat shall be held for seven days after the day of notice; if notification
is made by mail, the cat shall be held for a period of nine days,
during which period the owner may redeem the cat.
B.
In either of the above cases, the owner must produce proof of current
vaccination against feline rabies and pay seizure fees and impoundment
fees in order to redeem the cat. The seizure and impoundment fees
shall be as set, from time to time, by the Village Board of Trustees.
If not so redeemed, the owner shall forfeit all title to the
cat, and the cat shall be sold or destroyed by the Village of Brockport
Animal Control Officer. In the case of sale, the purchaser must pay
all accrued charges and have said cat vaccinated against feline rabies,
if proof of vaccination does not already exist. The Animal Control
Officer who destroys or has destroyed a cat shall make written report
of such destruction and disposition to the Village Clerk, who shall
keep a record thereof.
The Village of Brockport Animal Control Officer is hereby authorized
to pick up unwanted cats that are owned by residents who are financially
unable to properly care for their cats, including the cost of vaccination
against feline rabies, when such owner requests the Village to dispose
of these cats, in accordance with the following rules:
A.
The owner of the cat must execute a form relinquishing all claim
of ownership to the cat and agreeing to its disposition according
to the law and absolving the Village of Brockport and the Village
of Brockport Animal Control Officer of any liability.
B.
The owner is responsible for paying all costs related to the disposition
of the cat.
The Village of Brockport reserves the right to pick up those
unwanted cats as space is available and to discontinue the service
by resolution of the Village Board of Trustees if necessary.
[Amended 6-20-2005 by L.L. No. 2-2005]
A violation of this article shall be deemed a violation, which
shall be punishable by a fine not exceeding $250 or by imprisonment
not exceeding 15 days, or by both such fine and imprisonment.
If any section, paragraph, subdivision, clause or provision
of this article shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this article shall be deemed valid
and effective. Any ordinance or part thereof in conflict herewith
is hereby repealed.
