[Adopted 3-9-2009]
[Amended 11-21-2023]
It shall be unlawful to permit any of the following
farm animals to be harbored or allowed to remain in any dwelling or
lot in the City of Middletown: cattle, chicken, donkey, duck, goat,
goose, guineafowl, horse, pheasant, pig, quail, rooster, sheep, or
turkey.
[Amended 11-21-2023]
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, or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment, 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 animals. Each day that a violation is permitted to exist shall constitute a separate offense. The term "person," as used in this article, shall include the owner, property manager as defined in Chapter 296 of the City Code, occupant, mortgagee, vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation directly or indirectly in control of a premises or part thereof.
In the event that a law enforcement agent or
Animal Control Officer has probable cause to believe that any of the
above farm animals 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 farm animal pending
hearing. The owner or custodian of any farm animal 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.
