[HISTORY: Adopted by the Board of Trustees
of the Village of Shortsville 9-12-2006 by L.L. No. 3-2006. Amendments noted where
applicable.]
The purpose of this chapter shall be to preserve
the public peace and good order in the Village of Shortsville, to
contribute to the public welfare, and to preserve and protect the
person and property of the inhabitants of the Village by declaring
and enforcing certain regulations and restrictions on the activities
of livestock within the Village of Shortsville.
The title of this chapter shall be "Livestock
Control Law of the Village of Shortsville."
As used in this chapter, the following terms
shall have the meanings indicated:
Other than on the premises of the owner; or on the premises
of another person without the knowledge, consent and approval of said
other person; or on the public highways of the Village of Shortsville.
The person authorized by the Board of Trustees to enforce
all regulations with respect to dogs, cats and livestock within the
Village of Shortsville.
Adequate caging, fencing, penning, encircling, cooping, enclosing,
shutting in or detaining livestock in a safe and reasonable manner.
Cattle, sheep, hogs, goats, horses, poultry, ratites such
as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo,
fur-bearing animals and wool-bearing animals such as alpacas and llamas.
Any person who is an owner of livestock, and any person who
keeps, feeds or harbors livestock for a period of over one week.
Adequate fencing and gates to confine livestock in a safe
and reasonable manner.
It shall be unlawful for any owner of or any
person harboring livestock in the Village of Shortsville to permit
or allow such livestock to:
A.
Run at large without restraint or confinement.
B.
Enter in or upon the lands of another.
C.
Enter in or upon the public highways or lands of the
Village of Shortsville.
D.
Cause the destruction to property or commit a nuisance
upon the premises of another person other than the owner or person
harboring livestock.
This chapter shall be enforced by the Code Enforcement
Officer or by the Village Police Department or by any other law enforcement
officer.
A.
Any person who observes livestock in violation of
this chapter or who observes livestock causing damage to or destruction
of the property of a person other than the owner or person harboring
said livestock may file a complaint under oath with a court having
jurisdiction, specifying the objectionable conduct of said livestock,
the date thereof, the damage caused, if any, a description of the
livestock and the name and residence address of the owner or other
person harboring said livestock.
B.
Upon receipt by a court of competent jurisdiction
of any complaint described in the foregoing paragraph, said court
may summon the alleged owner or person harboring said livestock to
appear in person before said court.
The Code Enforcement Officer, having reasonable
cause to believe that a person has violated this chapter, shall issue
and serve upon said person an appearance ticket for such violation.
Said appearance ticket shall be in the form prescribed by the Board
of Trustees by resolution in accordance with the provisions of § 371
of the Agriculture and Markets Law, § 150.20 of the Criminal
Procedure Law and this chapter.
An offense against the provisions of this chapter
shall be deemed a violation, and the person convicted of such violation
shall be subject to a fine of not more than $50, except that where
the person is found to have violated this chapter within the preceding
five years, the fine may be not more than $100, and where the person
was found to have committed two or more such violations within the
preceding five years, he or she shall be punishable by a fine of not
more than $250 or imprisonment for not for than 15 days, or both.
