Town of Fallsburg, NY Chapter 89 Animals

[HISTORY: Adopted by the Town Board of the Town of Fallsburg 1-25-2011 by L.L. No. 1-2011. Amendments noted where applicable.]

GENERAL REFERENCES

Dogs — See Ch. 112.

Property maintenance requirements for — See Ch. 156, § 156-41.

Noise — See Ch. 197.

Keeping of domestic animals — See §§ 310-5.2 and 310-5.2.1.

Article I Notification of Wild Animals

[Adopted 1-25-2011 by L.L. No. 1-2011]

§ 89-1 Title.

This article shall be entitled: "A Local Law for Notification of Presence of Wild Animals" of the Town of Fallsburg, New York.

§ 89-2 Legislative intent.

The purpose of this article shall be to preserve the public peace and good order in the Town and to contribute to the public welfare, safety, and good order of its people by establishing certain regulations and the notification of the presence of wild animals that are consistent with the rights and privileges of other residents of the Town.

§ 89-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

EMERGENCY SERVICES PERSONNEL

Fire, police and ambulance personnel.[1]

WILD ANIMAL

All of the following orders and families: non-human primates and prosimians, Felidae (with the exception of domestic cats), Canidae (with the exceptions of domestic dogs), Ursidae, all venomous snakes and all constrictors and python snakes that are 10 feet or greater in length: and Crocodilia that are five feet or greater in length.

[1] Editor’s Note: The former definition of “person,” which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

§ 89-4 Reporting of wild animals.

A. The State Fire Administrator, in consultation with the Department of Environmental Conservation, shall develop and maintain a list of the common names of wild animals to be reported.

B. Except for pet dealers as defined in § 752 of the General Business Law and Zoological Facilities licensed pursuant to 7 USC § 2132, every person owning, possessing, or harboring a wild animal within the state shall report the presence thereof to the Clerk of the Town of Fallsburg. Such report shall be filed annually on a date to be determined by the State Fire Administrator in the manner prescribed by the State Fire Administrator. A separate report shall be filed for each street address at which any such wild animal may be found.

C. A report must be filed with the Town Clerk before April 1 of each calendar year for each location that a wild animal is harbored. There is no registration fee required. All reports and a full listing of the wild animals are available at the Town of Fallsburg Town Clerk's Office.

D. The Town Clerk shall forward a copy of such report to each state police troop, county sheriff, and municipal police agency having jurisdiction over the location of such wild animal. A copy thereof shall also be forwarded to each fire department, fire corporation, or fire company serving such location and to each ambulance or emergency medical service department, ambulance corporation, or ambulance or emergency medical service company serving such location. In lieu of forwarding a copy of each report, the clerk may compile the contents of the several reports, and forward the compilation.

E. Any person who fails to report the presence of a wild animal as required in this section shall be subject to a civil penalty of $250 for the first offense, and upon being found guilty of a second or subsequent offense, by a civil penalty of not less than $250 and not more than $1,000. Except as otherwise provided by law, such a violation shall not be a crime and the penalty or punishment imposed therefore shall not be deemed for any purpose a criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of a person found guilty thereof.