[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-4-2022 by L.L. No. 2-2022[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Keeping of Animals, adopted 1-4-2022 by L.L. No. 1-2022.
This article of the Village of Canajoharie, New York, hereby
to be known as the "Keeping of Animals in the Village Law," repeals
and replaces Local Law No. 1 of 2022; regulates the keeping of animals,
including service and assistance animals; and prohibits possession
of farm animals and livestock within the Village limits.
A.
This article is enacted to clarify Village policy on the keeping
of animals within Village limits and is intended to add consistency
to the application of code provisions relating to animals for the
use and benefit of Village of Canajoharie residents.
B.
The Village must promote the health, safety, and welfare of its residents.
The harboring of farm animals and livestock is incompatible with this
objective, due to the hygienic, sanitary, and olfactory impacts that
the keeping of such animals introduces into the community.
C.
Still, the Village of Canajoharie is committed to making reasonable
accommodations for Village residents requiring such accommodations
due to disability. This includes the keeping and use of assistance
animals as defined herein. The Village must balance its responsibility
to maintain the character and quality of the Village, as well as the
health and safety of the community, with the needs of a person under
disability to keep a particular animal.
D.
In repealing Local Law No. 1-2022 and replacing it with the provisions
herein, this article addresses and rectifies redundancies, inconsistencies,
and omissions in its prior iteration.
This article was developed pursuant to the authority granted
to the Village of Canajoharie in § 10 of the Municipal Home
Rule Law and with the authority vested in the Village under these
and all laws of New York State. This law shall be incorporated into
the existing Code of the Village of Canajoharie, as it was adopted
on January 10, 2019, by Local Law No. 1-2019. Further, and consistent
with its Comprehensive Plan, the Village of Canajoharie intends to
keep the character of the Village as a nonagricultural municipality,
limiting the keeping and harboring of animals to those typically found
as household pets.
As used in this article, the following terms shall have the
meanings indicated:
Includes every living creature except a human being.
Shall be inclusive of a service animal, a therapy dog, or
other domesticated animal used for emotional support or companionship.
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer, which is raised under license from the
Department of Environmental Conservation, llama, goat, swine, fowl,
duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant
or other bird which is raised in confinement under license from the
State Department of Environmental Conservation before release from
captivity, except that the varieties of fowl commonly used for cockfights
shall not be considered domestic animals for the purpose of this article.
Shall include, but not be limited to, cattle, goats, horses,
donkeys, mules, sheep, and swine.
Any ungulate, poultry, species of cattle, sheep, swine, goats,
llamas, or horses. "Farm animal" also means any fur-bearing animals,
as defined in § 11-1907 of the Environmental Conservation
Law, which are raised for commercial or subsistence purposes. The
term "fur-bearing animal" shall not include dogs or cats for purposes
of this legislation.
Any dog or cat and shall also mean any other domesticated
animal normally maintained in or near the household of the owner or
person who cares for such. "Household pet" shall not include a "farm
animal," "domestic animal," or "domestic livestock" as defined in
this section.
Snakes no longer than two feet in length, rodents, bunnies,
birds, reptiles, and turtles, all of which must be maintained in cages
or aquariums, as appropriate, and none of which may weigh in excess
of five pounds. Only animals obtained from registered commercial vendors
(e.g., pet stores) or nonprofit enterprises (e.g., animal shelters)
shall qualify as "other domesticated animals."
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law. Generally, "disability"
means, with respect to an individual, a physical or mental impairment
that substantially limits one or more of the major life activities
of such individual.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability
in accordance with 28 CFR 35.136.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings, and is actually used for such purpose, or any dog
during the period such dog is being trained or bred for such purpose,
and does not qualify under federal or state law or regulations as
a service dog.
An animal which deviates from the above definitions of a
"household pet," "service animal," "therapy dog," or "other domesticated
animal."
A.
It shall be unlawful for any Village resident to keep, harbor, raise,
breed, sell, or allow to live or reside on or within his/her premises
any animal other than a lawfully licensed household pet, as defined
above. No farm animals, domestic animals, or domestic livestock shall
be allowed in the Village. Violations of this provision may additionally
violate Village of Canajoharie Code § 157-4's definition
of "farm operation," which provides that "[n]o poultry, commercial
fur-bearing animal, hog, goat, horse, pony, burro, jackass or mule
and no beef or dairy cow, bull, heifer or calf shall be boarded, kept,
harbored or maintained at any time on premises in the Village of Canajoharie
which is comprised of less than five acres of land."
B.
All service animals and therapy dogs shall be allowed within the
Village and shall be lawfully licensed by all applicable state or
federal entities as may be required.
C.
The Village shall make reasonable accommodation to any resident applicant
for an unusual animal to be kept as an assistance animal. The following
shall be provided to the Village prior to the keeping of any unusual
animal:
(1)
Proof from a physician that the requested accommodation is required.
This proof must demonstrate a disability-related therapeutic need
for the specific animal or type of animal requested to be kept. Such
proof must show a nexus between the disability and the need for the
unusual animal to be kept. Such proof need not detail the disability
or violate the resident's right to privacy. Such proof must also
show that the need for the particular unusual animal cannot be met
by another, less unusual or more commonly kept pet.
(2)
Proof that the animal is properly vaccinated and licensed in accordance with this section, § 38-7, and applicable law.
(3)
Any other proof as may be needed to satisfy the Code Enforcement
Officer or Village Board that the safety of Village residents —
and the applicant — shall not be compromised by the keeping
of such unusual animal within the Village.
Nothing in this article shall be interpreted to limit the keeping
of any type of animal by a person with a disability who demonstrates
a legitimate and documented medical need for such animal to be so
kept. Commonly kept household pets, including, but not limited to,
fish, hamsters, and small birds (e.g., parakeets), shall not be required
to obtain licensure.
Any unusual animal to be kept in the Village must be registered
and licensed by the Village of Canajoharie. Applications for said
licensure shall be made with the Village Clerk, who will transmit
the resident applicant's application to the Village Board. If
approved, licenses are valid for two years from the date the application
is approved and must be renewed pursuant to a new application to the
Village Board at least 60 days prior to the license expiration. Where
the animal is a dog or cat or other commonly kept household pet, the
state, county, and town laws shall apply and be sufficient proof of
said licensure without need for the resident to make application to
the Village. All animals must be properly vaccinated and licensed,
though the requirements may vary depending on the type of animal.
Domesticated ferrets, cats, and dogs must be vaccinated against rabies
in accordance with § 2141 of New York State's Public
Health Law.
A.
The application to possess and harbor an unusual animal shall state
the animal's species type, breed, sex (gender), actual or approximate
age, color, markings, and weight. The application will also identify
whether the animal has been spayed or neutered. All criteria must
be documented and corroborated in a letter signed by a veterinarian
licensed to practice in Montgomery County, New York ("veterinary affirmation").
The veterinary affirmation should contain the veterinarian's
credentials, professional assessment concerning the health and safety
of the animal, and professional assessment as to the likelihood of
aggression by the animal. The veterinary affirmation shall also list
all vaccinations that the animal has previously received and the dates
of such vaccinations. The veterinary affirmation shall furthermore
contain an itemized list of all vaccinations that the veterinarian
recommends that the animal receive, as well as a list of all vaccinations
the animal must receive pursuant to applicable federal, state, or
county law.
B.
The application must contain the name, address, contact information,
county, town, and village of residence of the owner/applicant. The
application must also reflect both the date that the application is
received by the Village Clerk and the municipal identification number
that the Village Clerk assigns to the application/animal. No two applications/animals
shall have the same municipal identification number.
C.
The application shall be accompanied by a license fee. The amount
of the fee shall be established and updated from time to time by the
Village Board pursuant to a resolution thereby. If the Village Board
denies the application, the fee will be returned to the applicant
in its entirety.
D.
In the case of an owner of an unusual animal who seeks licensure thereof as an assistance animal, a physician's letter corroborating the applicant's need for that particular animal will be required, as detailed in § 38-5.
E.
Upon approval by the Village Board and attendant validation by the
Village Clerk, the application shall become a license for said animal
for a period of two years from date of issuance, subject to the need
for additional vaccination or health requirements under New York State
or county or town law, or on recommendation of a qualified veterinarian.
Residents who obtain a license must maintain currency of all vaccinations;
failure to do so will result in the immediate revocation of the license.
F.
Village resident applicants must retain a copy of said license and
shall furnish such proof, if required, to redeem or adopt said animal
in the case of impounding or other result as a violation of this or
any other applicable laws.
A.
The Village Board must evaluate and issue a decision on all applications
it receives at the next regularly scheduled Board meeting, but in
any event no later than 90 days from receipt of the application. Applications
which properly satisfy all eligibility criteria for licensing are
not guaranteed licensure; approval or disapproval of applications
are the exclusive purview (and subject to the sole discretion) of
the Village Board in accordance with New York State Village Law § 4-412,
wherein the Mayor of the Village shall preside at a meeting of the
Board of Trustees, and approval or disapproval of resident applications
shall be effectuated by majority vote.
B.
The Village Board shall be empowered to require that applicants meet
and fulfill additional criteria and that applicants submit additional
information/documentation as may be specific to the type of unusual
animal for which applicants seek licensure. The Village Board may
also require that applicants submit additional proof or evidence to
corroborate representations made on the application, to include blood
screening results or a veterinary affirmation that reports the results
of blood testing to determine the animal's species and/or overall
health. The Village Board must consider the size of the residential
property and animal enclosure (if any) in its consideration of any
unusual animal license application. It must also take into consideration
the manner by which feces will be disposed and unpleasant odors mitigated.
The Village Board may set conditions on issuance of any license so
as to maximize public health/safety and minimize public nuisance.
C.
Upon receipt of a notice of violation by the Code Enforcement Officer or upon receipt of written complaint by a third-party Village resident, as contemplated in § 38-10C herein, the Village Board shall be empowered to rescind or revoke its approval of an application and subsequent grant of a license as is appropriate and necessary. To do so, the Mayor of the Village shall preside at a meeting of the Board of Trustees; rescission/revocation of an animal license shall be effectuated by majority vote.
A.
All animals required to be licensed must be so licensed by all applicable agencies. Irrespective of species, Village residents shall not harbor, possess, or maintain their animals in an unsanitary manner. Animal feces and other waste must be promptly removed from residential premises and properly discarded so as to avoid the occurrence and transmission of communicable diseases, eliminate offensive odors and sights, and minimize environmental contamination. Violations of this provision may constitute violations of other provisions of the Village of Canajoharie Code, to include § 79-62 ("Domestic animals and pets shall be kept in an appropriate manner and shall not be permitted to run at large.") and § 79-42, obligating occupants of dwelling units to keep "domestic animals and pets in an appropriate manner and under control."
B.
Village residents shall comply with any and all state laws pertaining
to the ownership, care, possession, abandonment, disposal, and licensing/identification
of animals. Residents endeavoring to maintain animals at their residences
must be familiar with the New York State Agriculture and Markets Law
and, in particular, Articles 7 and 26 thereof.
C.
It is the responsibility of all Village of Canajoharie officials
to ensure the safety, health, and welfare of Village residents and
to promptly respond to residents' complaints pertaining to offensive
sights, sounds, smells, or trespasses emanating from animals in the
Village. Therefore, and notwithstanding any other provisions of the
Village of Canajoharie Code, any violation of this article is hereby
declared to be a public nuisance which may be enjoined, subject the
violator to the fines, penalties, administrative and/or legal proceedings,
including, but not limited to, removal of the animal constituting
the nuisance, attachment of a lien against real property, and action
for the enforcement of such lien and collection of all legal expenses
incurred in the enforcement of this article.
A.
The Village shall, from time to time, appoint and authorize a Code
Enforcement Officer to police and/or enforce the regulations and prohibitions
of this article; to issue warnings, notices of violation, and/or notices
to comply; issue citations and/or assess fines, abate, defend and/or
seek any and all available remedies arising out of or from any claim
and/or cause of action for and against the Village, its Board, and/or
officers, for any matter arising out of a real or alleged violation
or other grievance under this article.
B.
Fines/penalties. Upon receiving formal written notice of a violation
of the "Keeping of Animals in the Village Law," the offending resident
will have 10 days to cure the violation (i.e., removal of the animal).
Any person who shall thereafter continue to violate any provision
of this article may be subject to a daily fine or penalty —
the amount of which is to be determined by resolution of the Village
Board — for each day upon which such violation shall exist and
not be remedied. Each day subsequent to the 10th day after which notice
of the violation was first given, and upon which said violation continues
unremedied, shall constitute a separate and continuing violation for
which the aforesaid daily fine or penalty shall be newly and continually
assessed. The Village may also order removal of an animal. In the
event that a resident fails to comply with an order of removal, the
Village may remove the animal; any costs associated with said removal
or impounding of the animal will be assessed to the resident.
C.
Complaints. Any person may file a complaint with the Code Enforcement
Officer that a violation of this article may have occurred. The Code
Enforcement Officer shall properly record and investigate any such
complaint. The Code Enforcement Officer may also investigate any alleged
violation he/she has reason to believe has occurred or is occurring.
D.
Notice to comply. A notice to comply shall be prepared and served
by the Code Enforcement Officer and shall contain:
(1)
The name of the owner or occupant to whom the notice shall be addressed;
(2)
The location of the premises involved in the violation;
(3)
A statement of the facts which are alleged to violate this article;
(4)
A demand that the violation or situation be remedied so as to be
in compliance with this article within 10 days after service or mailing
of the notice;
(5)
A statement that a failure to comply with the demand may result in
the situation being remedied by the Village in a manner consistent
with this article, including, but not limited to, assessing fines,
prosecution, and/or the forcible removal of the animal in question;
and
(6)
A copy of this article.
E.
Enforcement. The Code Enforcement Officer is hereby authorized to
issue an appearance ticket to any person(s) whom he/she has reason
to believe has violated this article and shall cause such person(s)
to appear before the appropriate justice or, in the alternative, to
provide the Village Board with a written inspection and report concerning
the nuisance, upon which the Village Board may commence proceedings
as needed to remedy the situation. Pursuant to the New York State
Town Law and applicable provisions of the Village of Canajoharie Code,
the Village may seek civil or criminal penalties.
This article shall take effect immediately upon its filing with
the New York Secretary of State and remain in full force until repealed
or otherwise amended in accordance with the laws of the State of New
York, including, but not limited to, the New York Municipal Home Rule
Law and Statute of Local Governments.
The provisions of this "Keeping of Animals in the Village Law"
are hereby declared to be severable; if any clause, sentence, word,
section, or provision is declared void or unenforceable for any reason
by any court of competent jurisdiction, it shall not affect any portion
of this article other than said part or portion thereof.
