[Adopted 9-16-1997 by L.L. No. 1-1997]
It appearing that cats in the Village of Fultonville have, in some instances, been allowed to roam free on property of others and to cause annoyance and damage to the persons and properties of others, the Board of Trustees of the Village of Fultonville enacts the following article to protect the health, safety and property of others from annoyance and damage caused by cats and to establish the responsibility and liability of cat owners arising out of the conduct of their pets.
The title of this article shall be the "Cat Control Law of the Village of Fultonville."
As used in this article, the following words shall have the following respective meanings:
CONTROL OFFICER
The person authorized by the Board of Trustees from time to time, by resolution, to enforce the provisions of this article. The control officer shall have all the powers of a peace officer in the execution of the provisions of this article, including the service of a summons, the service of an appearance ticket and the service and execution of any other order of process, notwithstanding any provision of the Uniform Justice Court Act.
OWNER
Any person who is an owner of a cat and any person who keeps, feeds or harbors a cat. The owner need not be a resident of the Village of Fultonville but, for a violation to occur, the cat must be in the village limits of the Village of Fultonville.
It shall be unlawful for any owner of or any person harboring any cat to permit or allow such cat while in the Village of Fultonville to:
A. 
Be vicious or to spray or to defecate in such a way as to cause annoyance to any person other than the owner or person harboring such cat.
B. 
Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner or person harboring such cat.
C. 
Remain in the Village of Fultonville unless vaccinated currently against feline rabies.
A. 
This article shall be enforced by the control officer or by any enforcement agency having jurisdiction in the Village of Fultonville.
B. 
Any person who witnesses or suffers from a violation of the restrictions of this article may file verified information with the control officer, who shall issue and serve an appearance ticket based upon such information. The appearance ticket shall be in the form prescribed by the Board by resolution in accordance with the provisions of this article.
A. 
The owner of a cat who is issued an appearance ticket pursuant to § 44-24 herein may answer the same by registered or certified mail, return receipt requested, within five days of the violation(s) as hereunder provided, in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
B. 
If the person charged with the violation admits to the violation as charged in the appearance ticket, the person may complete the appropriate form on such appearance ticket and forward such form and appearance ticket to the office specified on such appearance ticket. Such appearance ticket shall set forth the schedule of penalties and fines for violations of this article, and a certified check or money order in the amount of the penalty for the violation charged shall be submitted with such answer.
C. 
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, the person may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket. Upon receipt, such answer shall be entered in the docket and a new return date established by said court officer. Such person shall be notified by return mail of the date and place of such return date and/or trial, and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.
D. 
In the event that there is a violation of this article based upon any information and not an appearance ticket and the owner of the cat demands a trial, the control officer or other law enforcement officer shall immediately proceed to file an information with a Village Justice so that the matter will appear on the docket of the Village Justice Court as soon as possible. The rules of procedure and proof applicable in criminal actions shall apply.
A violation of this article shall be deemed an offense, and a person convicted of a violation shall be liable to a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each days' continuation of the offense shall be considered a separate offense. In addition, a cat found to be unvaccinated against feline rabies may be required to be vaccinated for feline rabies as a condition of sentence of the court. In addition, the court may order restitution as a condition of any sentence for violation of the provisions of this article.