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City of Hornell, NY
Steuben County
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Table of Contents
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[Adopted 6-24-2013]
The purpose and intent of this article shall be to preserve the public peace and good order of the City of Hornell and to contribute to the public welfare and the preservation and protection of the property and the person of inhabitants of said city by declaring and enforcing certain regulations and restrictions on activities of cats and owners of cats within the City of Hornell.
As used in this article, the following terms shall have the meaning indicated.
ABANDONED
A cat of any age, which shall be left either without food, wafer or shelter or unattended for a period of at least 72 hours.
ANIMAL CONTROL OFFICER
The person or persons or company appointed by the City of Hornell or under contract with the City of Hornell to the position of animal control officer charged to carry out enforcement of the provisions of this article. This person shall have the powers of a constable or other peace officer in the execution of the provisions of this article.
CAREGIVERS
Any person who provides food, water and shelter to feral cats.
CAT
Any member of the domestic feline species.
FERAL CAT
A descendant of a domestic cat that has returned to the wild. It is distinguished from a stray cat, which is a pet cat that has been lost or abandoned. Feral cats are born in the wild.
IDENTIFICATION
Registered cats will need a tag which sets forth an official identification number as required by the provisions of this article. A microchip also constitutes an identification tag. Feral cats that have gone through the TNR program will be identified by a "notched" ear, tattoo or any such marking as designed by a duly designated enforcement officer.
LANDLORD
An owner of real property who leases (rents) that property to a tenant under a lease agreement or oral tenancy.
OWNER
When applied to the proprietorship of a cat, shall include any person having a right of property or custody in such cat, and any person who has such cat in his/her keeping or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises or vehicle owned or occupied by that person. If the owner of the cat is a minor, the owner of the said property shall be deemed to be the parent or guardian of the minor for the purposes of this section.
PERSON
Any individual, corporation, partnership, organization or association of persons commonly recognized as such by law.
STRAY CAT
A pet cat that has been lost or abandoned.
This article shall apply to all cats harbored within the City of Hornell. Cats that are found to be feral will be placed in the TNR program and returned to a feral cat colony within the City. Stray cats that are found are to be sent to a duly designated shelter and held for five days and, if not claimed, put up for adoption.
A. 
All cat owners are required to register their cat(s) with the City.
B. 
Application for a cat license shall be made to the City Clerk at a cost set by that office.
C. 
The application shall be accompanied by a certificate of rabies.
D. 
By definition, the caregiver of a feral cat will be considered its owner unless such person is acting at the direction and under the supervision of a designated enforcement officer administering the City of Hornell's TNR program.
E. 
Feral cats are not required to be licensed.
A. 
All owners shall keep the quarters where cats are kept clean and sanitary such as to not create a health hazard or nuisance.
B. 
No owner shall leave a cat unattended in a vehicle when the conditions in that vehicle would constitute a health hazard.
C. 
Landlords will be held responsible for any abandoned cat(s) found on their property.
D. 
A maximum of no more than five cats who are six months or older shall be allowed per household. (This provision shall be effective on January 1, 2014.)
A. 
Restraint required (for all non-feral cats).
(1) 
It shall be unlawful for a cat to be on property other than that of the owner or possessor or on private property without the consent of the owner or persons in possession of such private property unless the cat is effectively restrained in the immediate custody and control of its owner or possessor by a leash, chain or other restraining device capable of reasonably restraining the animal. A person owning or possessing a cat that is not so restrained, with or without the knowledge, consent or fault of such person, shall be guilty of a violation of this section.
(2) 
It shall be presumed that a cat on the private property of a person other than the cat's owner or possessor is without the consent of the owner or person in possession of such private property.
B. 
Nuisance Prohibited (for all non-feral cats).
(1) 
It shall be unlawful for the owner of any cat to permit such cat to defecate, urinate or commit a nuisance on private property, other than the owner's property, or to defecate or commit a nuisance on public property unless such feces are immediately removed in accordance with Subsection B(2) of this section. A person owning or possessing a cat which defecates, urinates or commits any nuisance as prohibited herein, with or without the knowledge, consent or fault of such person, shall be guilty of a violation of this section. It shall be presumed that a cat defecating, urinating or committing a nuisance on private property of a person other than the cat's owner or possessor does so without the consent of the owner or persons in possession of such private property.
(2) 
The owner or possessor of any cat shall immediately remove all feces deposited by said cat by placing such feces in a plastic bag, which shall be sealed and deposited in a covered garbage receptacle.
A. 
Any person violating this article shall be subject to a fine of not less than $100 and no more than $250 for each offense. Each day a violation continues shall constitute a separate offense. Such fines shall be in addition to any redemption fees that the animal control may impose as a result of the enforcement of this article.
B. 
Caregivers of feral cats will not be immune from prosecution as prescribed by this article unless they are acting at the direction and under the supervision of a designated enforcement officer administering the City of Hornell's TNR program.
C. 
Any person abandoning a cat will be subject to a fine of $100.
It shall be the duty of the Animal Control Officer or a member of the City of Hornell Police Department or any other person designated by the City to bring action against any person, within the City limits, who has committed any violation as set forth in this article.
The Mayor, with the approval of the Common Council, may enter into such agreement or agreements with the Humane Society of Hornell or other such organization pertaining to cat control and care within the City as may be deemed advisable. This includes, but is not limited to, the housing of abandoned cats and assisting in the TNR program.