[Amended 4-27-2022 by L.L. No. 10-2022]
A. It shall
be unlawful for the owner of any deceased animal weighing more than
five pounds at the time of its death to abandon or to dispose of its
remains other than by:
(1) Delivery
thereof to a licensed veterinarian who consents to accept such deceased
animal and who shall dispose of the animal by delivery thereof to
a regulated pet crematory or pet cemetery; or
(2) Delivery
thereof to a regulated pet crematory or pet cemetery who consents
to accept such deceased animal; or
(3) The
owner of any such deceased animal may arrange for the disposal of
such animal by the Town Department of Environmental Control who shall
charge the owner of such animal a fee which shall be established by
Town Board resolution.
B. A violation of Subsection
A is an offense, and, upon conviction thereof, a fine of not less than $250 and not more than $1,000 must be imposed or imprisonment for a period not to exceed 15 days, or by both.
C. A person
being the owner or possessor, or having charge, custody or possession
of an animal, who abandons such animal, or leaves it to die in a street,
road or public place, or who allows such animal, if it becomes disabled,
to lie in a public street, road or public place more than three hours
after he knew or should have known that it is left disabled, is guilty
of a Class A misdemeanor, and, upon conviction thereof, a fine of
not less than $500 and not more than $5,000 must be imposed or imprisonment
for a period not to exceed one year, or both.
D. Any person found by the Bureau of Administrative Adjudication to have violated Subsection
A or to have abandoned an animal in violation of Subsection
C shall likewise be subject to a monetary penalty in an amount within the range of fines authorized in Subsections
B and
C, respectively.
As used in §
106-30C, the following terms shall have the meanings indicated:
ABANDON
To leave an animal unattended for any period of time without
water or for more then five hours without food or for any period of
time on any property without permission of the owner of said property
or for any period of time on public property or for any period of
time on any property when said animal is sick, malnourished, disabled,
incapacitated, emaciated, debilitated or injured. Nothing herein shall
prohibit an animal owner from leaving an animal for less then an 30
minutes on public property while engaged in an activity in the immediate
proximity of the animal, such as at a park, ball field, etc., while
engaged as a participant or spectator of activities.
UNATTENDED
Without the owner or possessor, or person having charge,
custody or possession of an animal, in close proximity to listen or
observe said animal; not cared for, not taken care of or seen to;
not escorted, not accompanied.