This article is adopted pursuant to the authority
set forth in § 117 of the Agriculture & Markets Law
of the State of New York for the purpose of establishing and implementing
an animal population control program in the Town of Newburgh to reduce
the population of unwanted and stray cats; to reduce the potential
threats to the public health and safety posed by a large population
of stray cats. This article seeks to accomplish its purpose by encouraging
residents of the Town of Newburgh to participate in providing low-cost
spaying and neutering services as outlined in the provisions of the
New York State Agriculture and Markets Law. This article authorizes
the Town Board of the Town of Newburgh to contract with a not-for-profit
organization to be selected by the Town Board to provide spay/neutering
services and to encourage the residents of the Town of Newburgh, through
voluntary contributions, to establish a segregated fund in the Town
of Newburgh to be used exclusively to spay/neuter stray cats in the
Town of Newburgh. The Town Board deems it is in the public interest
to prevent increase in the population of diseased cats and to prevent
the further spread of commonly contracted diseases such as leukemia
and rabies.
This article authorizes the Animal Control Officer
of the Town of Newburgh to assist the Town Board of the Town of Newburgh
to implement the intent of this article.
All funds received from the public and contributed
to the spay/neuter program reserve account set forth above shall be
used exclusively and solely for the program outlined in this article.
Nothing contained herein is intended to override, supercede or replace
any provisions contained in § 117-A of the Agriculture and
Markets Law.
If any part or provision of this article or the application
thereof to any person or circumstance be judged invalid by any court
of competent jurisdiction, such judgment shall be confined to the
part or provision or application directly involved in the controversy
in which such judgment shall have been rendered and shall not affect
or impair the validity of the remainder of this article or the application
thereof to other persons or circumstances, and the Town Board of the
Town of Newburgh hereby declares it would have passed this article
or the remainder thereof had such invalid application or invalid provision
been impaired.