[Adopted 12-9-2015 by L.L. No. 3-2015]
The Town Board of the Town of Lumberland hereby finds and determines
that the overpopulation of cats in the Town of Lumberland poses a
potential threat to the health and safety of the residents of the
Town and to animals and property within the Town. The Town further
finds that spaying and neutering cats will help alleviate their overpopulation.
It is the purpose of this chapter to provide for the health, safety
and welfare of the residents of the Town, the owners of property within
the Town, and animals within the Town by participating with the The
Animal Rights Alliance, Inc. (TARA), in a low-cost spay/neuter certificate
program for cats owned by residents of the Town.
This chapter is enacted pursuant to the authority of Chapter
365 of the Laws of 1976, which added a new Subparagraph (3) to Paragraph
d of Subdivision 1 of § 10 of the Municipal Home Rule Law,
authorizing a town to adopt a local law which may amend or supersede
in its application to it any provision of the Town Law relating to
the property, affairs or government of the town or in relation to
any of the other enumerated subject matters in such § 10,
unless there is a state legislative restriction on such amendment
or supersession. To that end, the provisions of this article are designed
to supplement the provisions in the New York State Agriculture and
Markets Law as said provisions address the spaying and neutering of
cats.
Contingent upon the Town of Lumberland having an active contract
with The Animal Rights Alliance, Inc., as set forth below, any bona
fide resident of the Town of Lumberland may apply to the Town Clerk
for a certificate entitling the Town resident to a spay or neuter,
rabies shot, ear cleaning and nail trimming for one cat. A maximum
of 25 will be issued per calendar year, first come, first served.
"Spay/neuter certificate" forms and applications shall be promulgated
by the Town of Lumberland, and shall require proof of the applicant's
residency in the Town of Lumberland and proof of the applicant's
ownership of the cat for which services are being sought. Acceptable
proof of ownership of the cat shall include a bill of sale, adoption
certificate or a certification by the owner under oath that the cat
is owned by the resident. Acceptable proof of residency shall be a
government issued identification document or a utility bill bearing
a physical, residential address within the Town for that particular
resident. The physical description of the cat (including sex, age,
weight and coloring) must be provided in the application and the spay/neuter
certificate, along with the owner's name, address and phone number.
The certificate will entitle the cat owner to bring the cat to a clinic
administered by The Animal Rights Alliance, Inc., for the spay/neuter
services, by appointment only. The cat owner is responsible to make
the appointment. Certificates expire 60 days from the date they are
issued by the Town. There will be a nonrefundable fee of $52 per certificate
issued by the Town.
The Town Board of the Town of Lumberland is authorized to contract
with The Animal Rights Alliance, Inc., for the provision of spay/neutering
services for its residents' cats at the rate of $52 per certificate
used, as set forth above. Said fee will be offset by the fees collected,
as set forth above. The Animal Rights Alliance, Inc., must, as a condition
precedent, invoice the Town monthly using the Town's voucher
and attaching details regarding the numbers of spays and neuters performed
along with copies of each certificate used. The Town will pay all
such invoices in due course, with a maximum of 25 per calendar year.
Should The Animal Rights Alliance, Inc., increase or decrease the
rate for performing spay/neuter services, or should the Town desire
to change the rate, the change in rate shall be amendable by resolution
of the Town Board. Should the Town desire to increase or decrease
the maximum number of certificates issued or paid in a calendar year,
such amendment may be by resolution, as well.
