[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:
AT LARGE
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.
HARBOR
To provide food or shelter to any livestock.
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.
OWNER
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:
A. 
Be at large or to be pastured or herded in or upon any of the streets, roads, lanes or public places within the Town of Van Buren or to be otherwise noncompliant with § 86-20, Article IV, Chapter 86 of the Code of the Town of Van Buren.
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.