[Adopted 12-6-2016 by L.L. No. 4-2016]
As used in this article, the following terms shall have the
meanings indicated:
Any cat of any sex and of any age, unless otherwise indicated
herein.
That which is domestic is related to household uses. A domestic
animal is one that is sufficiently tame to live with a family, such
as a dog or cat, or one that can be used to contribute to a family's
support, such as a cow, chicken, or horse.
Any one or more persons, corporations, partnerships or associations,
or any entity capable of being sued or prosecuted, who or which owns
any animal or has custody of a minor owning any animal.
The Village of Buchanan.
It shall be the duty and responsibility of every owner of any
cat or other domestic animal to exercise and maintain such care and
control over it that it does not become a nuisance, as set forth in
this article, within the confines of the Village.
A cat or other domestic animal shall become a nuisance whenever
it shall engage in or commit any of the following actions within the
confines of the Village:
A.
Injure
or threaten injury to persons or other domestic animals or birds.
B.
Injure
property, including lawns, flowers, shrubs, trees, and furniture.
C.
Upset or
otherwise interfere with garbage receptacles.
D.
Be found
in any commercial establishment without the consent or permission
of the owner thereof.
E.
Be kept
or placed by its owner under cruel, unsanitary or otherwise inhumane
conditions, or be abandoned by its owner.
F.
Defecate,
urinate, dig on or otherwise damage property other than the property
of the owner.
G.
Engage
in loud or habitual crying or whining or conduct itself in such a
manner as to unreasonably and habitually disturb the comfort or repose
of any person other than the owner of such cat or other domestic animal.
H.
Cats or
other domestic animals together in a pack or in any way forming a
pack of cats or other domestic animals. (For the purpose of this article,
the word "pack" is hereby defined to mean three or more such cats
or domestic animals.)
A.
Any person
who observes or has knowledge of a cat or other domestic animal violating
any provision of this article may file a signed complaint, under oath,
with the Village Clerk or his/her designee specifying the objectionable
conduct of the cat or other domestic animal and the name and address,
if known, of the owner or other person harboring said animal.
B.
Upon receipt
by the Village Clerk or Village Police of any such complaint, said
complaint shall be forwarded to the Town of Cortlandt Animal Control
Officer. In the event that any cat or other domestic animal is found
by the Town of Cortlandt Animal Control Officer to be in violation
of any provision of this article, the Town of Cortlandt Animal Control
Officer shall make a statement to the Village Police with respect
to the same, and the Police Department shall issue and deliver to
the owner of said cat or domestic animal an appearance ticket, detailing
the violations and instructing the owner to appear before the Village
Court or to answer such appearance ticket by registered or certified
mail, return receipt requested, within five days of the date of such
violation. If said appearance ticket is disregarded by such person,
the Village Police or complainant may file information with said Court,
which Court may then issue a warrant for the arrest of such person.
C.
Any person
thereafter convicted of a violation of this article shall be punished
for a first-time offense by a fine not to exceed $100; for a second
offense by a fine not to exceed $200; for a third offense by a fine
not to exceed $300.
Any cat or other domestic animal found in violation of this
article may be seized by the Town of Cortlandt Animal Control Officer
or any such agency as he or she shall call, such as the Society for
the Prevention of Cruelty to Animals (SPCA), and the owner, in order
to obtain possession of the cat or other domestic animal, must pay
a fine and per-diem expenses incurred in the keeping of said cat or
other domestic animal. The expense, if seized by the Town of Cortlandt
Animal Control Officer, shall be in such amounts as follows:
A.
On the
first pickup of any cat or other domestic animal, a fine of $100 per
animal for the release of said cat or other domestic animal, said
fine to be paid to the Village Clerk of the Village of Buchanan or,
if released at the SPCA, a fine of $100 plus per-diem expenses shall
be paid to the SPCA, which shall reimburse the Village of Buchanan
on a monthly basis for the fines so collected. The per-diem expenses
shall be retained by the SPCA.
B.
On the
second pickup of the cat or other domestic animal, a fine of $200
per animal for the release of said cat or other domestic animal, said
fine to be paid to the Village Clerk of the Village of Buchanan or,
if released at the SPCA, a fine of $200 shall be paid, plus existing
per-diem expenses. In turn, the SPCA shall reimburse the Village of
Buchanan on a monthly basis for the fines so collected, but shall
retain the per-diem expenses.
