[Adopted 1-14-1991 by L.L. No. 1-1991]
This Article shall be in addition to the Cuba Village Code and shall be known as Article III of the Village Code.
The Board of Trustees of the Village of Cuba
Village, New York, hereby finds and determines that the soiling of
public streets, sidewalks and the area adjacent to the same by droppings
and fecal matter of animals is detrimental to the public health and
safety in areas such as the Village of Cuba Village, New York, and,
in the interest of public health and safety, all such soiling by animal
droppings and fecal matter is prohibited.
As used herein, the following terms shall have
the meanings indicated:
Includes all feces, excrement, manure, dung or solid waste
matter discharged or eliminated by an animal.
Includes each and every animal kept, controlled, harbored
or otherwise maintained or played with, whether the animal is owned
or not and whether the animal is a pet domestic or wild or semi-wild
animal, or a dog, cat or any other type of animal.
Includes all property, grounds and parks owned by, operated
by or subject to the control and supervision of the Village of Cuba
Village or any municipal body or agency having jurisdiction thereof.
Includes sidewalks, thoroughfares, byways, alleys, squares,
lanes and walks and shall include areas adjacent thereto, such as
lawns, public roads, streets and highways, parking lots, loading zones,
driveways and other areas accessible to the public or their animals,
leading to, adjacent to or in the vicinity of such public property,
grounds and places set forth.
No person shall suffer, allow or permit any
animal which such person owns or harbors, keeps, controls or otherwise
maintains to soil, defecate or deposit any droppings or fecal matter
on any public road, street, highway, sidewalk or area adjacent thereto
or upon any public grounds or parks or any private property without
the permission of the owner of said property, unless such person shall
make a reasonable effort to immediately clean and remove such droppings
and fecal matter in good faith and so as to prevent such soiling action,
which soiling action is declared to be a public nuisance detrimental
to public health.
Such soiling action shall be deemed prevented
if such persons shall immediately clean up all such fecal matter and
droppings by causing the same to be gathered in a suitable bag, wrapper
or other container and disposed of in a safe and sanitary manner.
Any person committing an offense against any
provision of this article shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or both such fine and imprisonment. The continuation of an
offense shall constitute, for each day the offense is continued, a
separate and distinct violation.
