[Adopted 9-20-2011 by L.L. No. 7-2011]
The purpose and intent of this article shall be to preserve
the public peace and the good order in the Town of Van Buren and to
contribute to the public welfare and the preservation and protection
of the property and the inhabitants of the Town by declaring and enforcing
certain regulations and restrictions on the activities of livestock
and owners of livestock within the Town.
As used in this article, the following terms shall have the
meanings indicated:
Any livestock that is off the property or premises of its
owner as defined herein and not under the control or restraint of
a competent person. Livestock shall not be deemed at large for purposes
of this article if legally crossing streets, roads or lanes under
sufficient control or restraint of a competent person.
To provide food or shelter to any livestock.
Cattle, sheep, swine, goats, horses or any other animals
of the bovine, ovine, porcine, lagomorph, caprine, or equine species,
as well as poultry, ratites, and cervine, that are privately owned
and raised for breeding stock, food, fiber, and other products.
Any person owning, renting, leasing, keeping, boarding, exercising
dominion and control over or harboring livestock within the Town of
Van Buren. A third party who causes livestock to be at large as defined
herein or otherwise causes a violation of this article arising from
said third party's theft, vandalism, intentional misconduct,
criminal act or reckless or negligent act or omission shall be deemed
the owner of said livestock for the limited purpose of enforcing this
article and shall be responsible and liable for any and all penalties
arising from violations of this article.
Owners of livestock shall confine such livestock within an adequate
fence or enclosure, or within a house, garage, barn, coop or other
building of sufficient height and construction to prevent the livestock
from leaving the owner's property or shall keep such livestock
confined by leash or chain affixed to the livestock's collar
and under the control of a person, and adequate to prevent any livestock
from being at large.
It shall be unlawful for the owner of any livestock to permit
or allow such livestock in the Town of Van Buren to:
B.
Be at large or to be pastured or herded in or upon any private property
within the Town of Van Buren that is not owned, leased or rented by
the owner such livestock.
C.
Cause damage or destruction to public or private property, or commit
a nuisance by defecating or urinating upon the premises of a person
(other than the owner of such livestock) or upon public property.
D.
Chase or otherwise harass any person or other animals in such manner
as reasonably to cause intimidation or to put such person or other
animals in reasonable apprehension of bodily harm or injury.
E.
Disturb, scatter or rummage through rubbish and rubbish containers
in any neighborhood.
Any person who observes livestock in violation of this article
may file a complaint under oath with the Code Enforcement Officer
or any law enforcement agency specifying the nature of the violation,
the date thereof, a description of the livestock and the name and
residence, if known, of the owner of such livestock. Such complaint
may serve as the basis for enforcing the provisions of this article.
The Code Enforcement Officer, or such other title as may be
given by the Town Board, or any law enforcement agency, is empowered
to enforce the provisions of this article and to issue and serve appearance
tickets and such other process as may be required and/or authorized
by these regulations or the Criminal Procedure Law in the course of
such enforcement proceedings. Any enforcement action or proceeding
may be commenced upon the personal knowledge of the Code Enforcement
Officer or upon the sworn statement of another individual. All appearance
tickets issued hereunder shall be returnable in the Town Court of
the Town of Van Buren.
A.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a fine of $250 and/or imprisonment for a period not to exceed 15 days for a conviction of a first offense; for a conviction of a second offense, punishable by a fine of $500 and/or imprisonment for a period not to exceed 15 days; and for a conviction of a third or subsequent offense, punishable by a fine of $750 and/or imprisonment for a period not to exceed 15 days. Each day of continuance of an offense shall be considered a separate offense. The penalties under this subsection may be waived for extenuating circumstances, including but not limited livestock becoming at large due to damage or destruction to an owner's enclosure as described in § 86-20 of this article resulting from falling trees, floods, damaging winds or similar acts of nature.
B.
Any person violating any of the provisions of this article shall
become liable to the Town for any expenses, loss or damage occasioned
by the Town by reason of such violation, including but not limited
to costs of cleanup, necessary repairs to Town property, and/or any
other costs incurred by the Town in the enforcement of this provision.
Upon filing of a verified statement by the Code Enforcement Officer
regarding said costs/expenses with the Town Clerk, such amount shall
constitute a lien against the property of the person in violation
of this article and the same shall be added to the next assessment
roll of general Town taxes and shall be collected and enforced in
the same manner, by the same proceedings, at the same time and under
the same penalties as the general Town tax and as a part thereof.
In addition thereto, interest shall run thereon from the date of filing
the verified statement to the date of actual payment at the same rates
as taxes and shall be collected and enforced by the same officer and
in the same manner as Town taxes.
C.
Furthermore, the court may order restitution be paid to any person
for the actual out-of-pocket loss arising from or caused by violation
of this article. The court shall fix the amount thereof, the manner
of performance, specifically state the date when restitution is to
be paid in full.
