As used in this chapter, the following terms
shall have the meanings indicated:
ANIMAL WILDLIFE
Any nondomesticated rodent life, including but not limited
to squirrels, chipmunks, woodchucks, moles, muskrats, beavers and
raccoons.
[Added 6-14-1993 by L.L. No. 6-1993]
DOMESTIC ANIMAL
Any animal which is trained or adapted to live with and be
of use to human beings.
HARBOR
To give permanent or long-term home or shelter to an animal.
The feeding of community cats in conjunction with TNVR practices as
provided in § 8-6(B)(7) shall not constitute the harboring
of cats.
[Added 6-24-2019 by L.L.
No. 4-2019]
KENNEL
Any premises that:
A.
Accommodates the boarding, sale or care of more
than three (3) domestic animals.
B.
Harbors more than three (3) domestic animals
over the age of three (3) months.
WILD WATERFOWL
Any nondomesticated waterfowl, migratory or otherwise, including
but not limited to mallard ducks and Canada geese.
[Added 6-14-1993 by L.L. No. 6-1993]
Cats are prohibited within the village except
as follows:
A. Any person harboring a cat shall make a reasonable
effort to keep the animal on the premises and under the control of
said person.
B. No person shall harbor a cat which by its frequent
yowling shall unreasonably disturb the comfort or repose of the community.
C. Any person harboring a cat shall make a reasonable
effort to expeditiously remove any droppings left by the cat on any
public place or on any private property not under the control of said
person.
Any domestic animal shall be considered a public
nuisance if it has no known owner, no known place of care or shelter
and habitually trespasses upon private or public property.
[Added 9-29-2014 by L.L. No. 9-2014]
A. Definitions
for the purpose of this section shall be as follows:
AT LARGE
Not confined, outside an area of escape such as a pen, corral,
yard, cage, house, vehicle, or other secure enclosure, unless otherwise
under appropriate human control.
BEST FEEDING PRACTICES
Best feeding practices means a person supporting one or more
community cats which shall adhere to the following:
[Added 6-24-2019 by L.L.
No. 4-2019]
(1)
Feeding is conducted on a regular schedule;
(2)
Feeding is limited to the offering of food intended for community
cats to approximately one hour per day;
(3)
Providing only food appropriate for cats, and not scraps or
other foods that may be dangerous, deadly, or hazardous to other cats
or other animals;
(4)
The community cat feeding area is kept clean and free of trash;
(5)
Food and/or water intended for community cats is kept in containers
and not on the ground;
(6)
Feeding shall be conducted only within the confines of the property
of the person engaged in TNVR practices.
COLONY
Group of one or more community cats.
COMMUNITY CAT
Any cat that is:
(1)
Homeless, stray, or at large, where the cat:
(a)
Has been socialized to people, or is less than five weeks old;
(b)
Could become feral as connection with humans is farther removed;
and
(c)
In the case of cats older than five weeks, has a good potential
to quickly become domesticated once again; or
(2)
Feral, where the cat:
(a)
Is not socialized toward humans;
(b)
Is born in the wild or is the offspring of an owned cat; or
(c)
Is a formerly owned cat that has been abandoned; or
(3)
A cat that lives in the community but is not owned by a human,
sometimes referred to as a "free-roaming" or "street" cat.
DOMESTICATED CAT
A cat:
(1)
That is social towards humans;
(2)
That currently lives within the residence or on the property
of a person or persons accepted as the cat's owner; and
(3)
That is considered appropriate as a companion for humans.
EAR TIPPING
A straight line cutting of the tip of the left ear of a cat
while the cat is anesthetized.
NEUTER
To permanently sterilize male cats to render them incapable
of impregnating female cats by means of either surgery performed to
remove the reproductive organs or chemical sterilization by which
the cats are injected with a drug approved by the United States Food
and Drug Administration for that purpose.
SPAY
To permanently sterilize female cats to prevent estrus (heat)
cycles and eliminate their ability to become pregnant by means of
either surgery performed to remove the ovaries and uterus or chemical
sterilization by which the cats are injected with a drug approved
by the United States Food and Drug Administration for that purpose.
TRAP, NEUTER, VACCINATE AND RETURN PROGRAM (TNVR)
A program in which community cats are humanely trapped, which
sometimes requires feeding, evaluated, vaccinated, sterilized, and
ear-tipped by a veterinarian and returned to the trap location with
the intent of controlling or reducing feline population and reproduction.
VETERINARIAN
A person licensed to practice veterinary medicine in the
State of New York.
B. General
policy.
[Amended 6-24-2019 by L.L. No. 4-2019]
(1) TNVR of community cats shall be legal in the Village of Williamsville
and interested citizens are encouraged to participate in and support
TNVR activities on a voluntary basis on their own private property
or residence.
(2) All persons who attempt to trap community cats for TNVR in the Village
of Williamsville should be familiar with the guidelines supported
by regional and national feral and community cat organizations, as
well as the American Veterinary Medical Association (AVMA), regarding
appropriate methods of TNVR.
(3) Socialized cats and all kittens subjected to TNVR shall be eligible
to be, but not mandated to be, resocialized and put up for adoption.
(4) An ear-tipped cat received by local shelters shall be returned to
the location where trapped unless veterinary care is required. A trapped
ear-tipped cat shall be released on site unless veterinary care is
required.
(5) Animal control officers shall use appropriate opportunities to inform
stakeholders about TNVR.
(6) It shall not be a violation of this section to determine that the
best course of action for a particular cat, or cat colony, is to be
left alone.
(7) It shall be permitted in the Village of Williamsville to feed community
cats pursuant to the best feeding practices.
C. Implementation.
The Code Enforcement Officer, or such other official as designated
by the Village Board, shall implement and administer this section
with the goal of reducing intakes and eliminating humane destruction
of cats via TNVR, in consultation with community cat welfare experts
including Alley Cat Allies, NYC Feral Cat Initiative, Best Friends
Animal Society, Neighborhood Cats, IndyFeral, and No Kill Advocacy
Center.
[Amended 6-24-2019 by L.L. No. 4-2019]
D. Severability.
Should any section or provision of this section be declared by a court
of competent jurisdiction to be invalid, such determination shall
not affect the validity of the section, other than the part declared
to be invalid.
This chapter shall be enforced by the Village
Code Enforcement Officials, Town of Amherst Dog Warden and Amherst
Police Department, each of whom are hereby authorized to issue and
serve appearance tickets upon any person in violation of this chapter.
[Amended 8-26-1991 by L.L. No. 7-1991]
Except as otherwise provided in Article 7 of
the Agriculture and Markets Law, any person committing an offense
against any of the provisions of this chapter shall be guilty of a
violation as defined by the Penal Law and, upon conviction thereof,
shall be punishable for each offense by a fine not to exceed $250
or imprisonment for not more than 15 days, or by both a fine and imprisonment.