[Amended by L.L. No. 7-1999]
The Board of Trustees of the Village of New
Paltz is concerned about the proliferation throughout the Village
of cats which do not appear to be domesticated household pets and
enact this legislation to reduce the chances of rabies and other feline
diseases spreading through cat colonies and to reduce the adverse
affect stray and feral cats have upon the quality of life in the Village.
As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Any cat of either sex and of any age.
Any cat kept in or about the residence of the owner which
is not vicious, dangerous or otherwise obnoxious, objectionable or
offensive.
Any cat found outdoors which does not wear a form of identification required by § 70-10B hereof.
Any unsecured portion of premises in which a cat can move
at will.
Every person having a right of property in a cat and every
person who has a cat in his or her keeping or who harbors a cat or
the adult member of a family in which a minor owner of a cat resides.
Any establishment, public or private, for the confinement
of cats seized either under the provisions of this article or otherwise.
A.
No more than two cats per household may be allowed
outside the residence of the owner at any time.
B.
No cat shall be allowed outside the residence of the
owner at any time unless the cat wears a collar and tag, tattoo, microchip
or other reliable form of identification stating the name, address
and telephone number of the owner.
C.
No cat shall be fed outdoors unless the owner is present.
D.
No cat shall be allowed outside the residence of the
owner unless it has been vaccinated for rabies and feline leukemia
nor unless it has been spayed or neutered.
E.
All cats, to the extent practicable, shall be restrained
to stay within the boundaries of the premises of the owner.
A.
The Municipal Code Enforcement Officer or such other person or agency designated by the Mayor to enforce this article, acting under the auspices of the New Paltz Police Department or an agent or officer of a duly incorporated society for the prevention of cruelty to animals, is hereby authorized to seize and retain any lost, strayed, homeless or abandoned cat or any cat found upon any public or private property within the Village which does not have the identification specified in § 70-10B hereof at the time the cat is apprehended. However, no person administering the provisions of this article shall enter into a house, apartment, garage or other secured facility without the consent of the owner or tenant of the premises unless a search warrant issued by a justice of the Town Court of the Town of New Paltz is first obtained.
B.
Any cat so apprehended shall be retained by the Village
or designated agency in a properly sheltered and secure place and
shall be properly fed and watered for a period of seven days.
C.
Within the period of seven days after the cat is apprehended, the
owner may reclaim the cat upon reasonable proof of ownership to the
person or agency having custody of the cat upon proof of payment to
the Village Treasurer of a fee as set annually by resolution of the
Board of Trustees.
[Amended 10-22-2014 by L.L. No. 13-2014]
D.
If the cat has not been claimed by the reputed owner within seven
days after it has been held, any person may adopt the cat upon payment
to the Village Treasurer of a fee as set annually by resolution of
the Board of Trustees and reimbursement of all fees and expenses paid
by the Village for veterinary treatment rendered to the cat while
in the custody of the Village.
[Amended 10-22-2014 by L.L. No. 13-2014]
E.
If, after a period of seven days, a cat has not been adopted or it appears to the satisfaction of the person or agency retaining a cat in custody that the cat is injured, diseased or is not domesticated, as defined in § 70-9 hereof, the custodian shall deliver the cat to a person or animal care facility with whom the custodian believes the cat will be properly cared for. If no facility is available, the custodian may allow the cat to be euthanized or otherwise disposed of in a humane manner consistent with the provisions of § 374 of the Agriculture and Markets Law of the State of New York.
F.
Neither the Village, its officers or employees, the
New Paltz Police Department, agent or officer of a duly incorporated
society for the prevention of cruelty to animals, nor the persons
or agencies authorized by the Mayor to enforce the provisions of this
article shall be liable in damages or otherwise for the seizure, detention,
adoption or euthanizing of any cat found without appropriate identification
outside the residence of the owner.
Pursuant to the authority granted to the Board
of Trustees by § 22 of the Municipal Home Rule Law of the
State of New York, any provisions of the Agriculture and Markets Law
of the State of New York which limit the authority of the Board of
Trustees to enact the provision of this article in effect on the effective
date of this article are hereby superseded to the extent such provisions
are inconsistent herewith.
A.
Appearance tickets, issuance of. The Municipal Code
Enforcement Officer or other person authorized to enforce this article
shall issue an appearance ticket pursuant to the Criminal Procedure
Law for any violation of any provision of this article and an answer
to such appearance ticket shall be made to the Town Court of the Town
of New Paltz on the return date at the time specified in said appearance
ticket.
B.
Any person violating any provision of this article shall be guilty
of a violation, as defined in the Penal Law of the State of New York,
and shall be punishable by a fine as set annually by resolution of
the Board of Trustees.
[Amended 10-22-2014 by L.L. No. 13-2014]
