[HISTORY: Adopted by the Town Board of the Town of Fallsburg 8-11-2014 by L.L. No. 5-2014. Amendments noted where applicable.]
The title of this chapter shall be the "Cat Control Law of the
Town of Fallsburg."
As used in this chapter, the following terms shall have the
meanings indicated:
The Agricultural and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter and as amended thereafter.
Any cat of either sex and of any age.
Any cat born and/or raised in the wild, or who has been abandoned
or lost and turned to wild ways in order to survive, and is not socialized
or tame, nor comfortable with human contact.
Any cat that, at any time, is not confined to its owner's
property or residence and travels freely about the Town of Fallsburg
shall be considered a free-roaming cat. A free-roaming cat interacts
socially with people and is considered friendly. A free-roaming cat
may be owned, stray, born feral, abandoned or lost.
To provide food or shelter to any cat.
Any cat found outdoors which does not wear a form of identification required by § 111-6 hereof.
For the purposes of this chapter, "nuisance" will be considered
any behavior of cats causing reasonable annoyance, damage to property,
excrement, smell, noise or compromise to the quality of one's
life, business or property.
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 any person who harbors
a cat for more than seven days or the adult member of a family in
which a minor owner of a cat resides. Any firm, corporation, organization
or department harboring, keeping or having an interest in or having
control or custody of a cat.
A.
The Town of Fallsburg finds that the running at large and other uncontrolled
behavior of cats within the Town of Fallsburg has caused physical
harm to persons and other animals and damage to property. Harboring
large numbers of cats, unhealthy cats, unspayed, unneutered and unvaccinated
cats has created a nuisance and threat to public safety within the
Town.
B.
The purpose of this chapter is to protect the health, safety and
well-being of persons and property within the Town of Fallsburg by
imposing restrictions and regulations upon the keeping and running
at large of cats and the seizure thereof within the Town.
Pursuant to the authority granted by 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 Town Board to enact the provisions of this chapter in effect on
the effective date of this chapter are hereby superseded to the extent
such provisions are inconsistent herewith.
A.
This chapter shall be enforced by any animal control officer, peace
officer, when acting pursuant to his special duties, or police officer
in the employ of or under contract with the Town of Fallsburg or the
Town Code Enforcement Officer or other designated Town officer, including
issuing of violation tickets, seizure of cats, redemption and disposition.
Such enforcement will be at the discretion of the attending officer.
B.
Neither the Town, its officers or employees, agents or officers of
a duly incorporated society for the prevention of cruelty to animals,
nor the persons or agencies authorized by the Town Board to enforce
the provisions of this chapter, 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.
Any owner of any cat over four months of age that shall be free roaming, as defined for the purposes of this chapter, at any time in any place other than the property or residence of its owner within the Town of Fallsburg shall be required under the penalty of this chapter to identify said cat by affixing a collar to said cat or by permanent tattoo or microchip. Such identification shall state the name, address and telephone number of the owner of the cat. All identification shall remain on the cat at all times. All collars, microchips and tattoos must be listed with the Town of Fallsburg Clerk, at no expense to the owner, to identify ownership. It will be a requirement of every free-roaming cat owner to provide to authorities, as set forth in § 111-5 of this chapter, an identification, certificate of spay/neuter and/or a rabies certificate on demand. Such certificates shall correspond to the Town Clerk's List of Cats.
It shall be unlawful for any person other than an animal control
officer, police officer, a licensed veterinarian, an employee of a
licensed animal shelter, an employee of a licensed municipal pound,
or a person authorized by an Animal Control Officer to remove any
identification from any cat not owned by the person.
A.
It shall be unlawful for any cat to be outside the residence of the owner at any time unless the cat wears a collar, tattoo or microchip as described in § 111-6 of this chapter.
B.
It shall be unlawful for any cat to be allowed outside the residence
of the owner unless it has been currently vaccinated for rabies, and
spayed or neutered. A cat may be exempt from vaccination by the Animal
Control Officer or other designated Town officer upon presentation
of proof from a licensed veterinarian that vaccination is not in the
best interest of that particular cat.
C.
It shall also be unlawful to permit your cat to run at large as a
nuisance as defined for the purposes of this chapter.
D.
It shall be unlawful for any owner of, or any person harboring, any
cat to permit or allow such cat, while in the Town of Fallsburg to:
A.
It shall be unlawful in the Town of Fallsburg to feed any cats, whether
feral, free roaming or tagged with identification, outdoors in/on
or around any business property or campground or apartment complex,
multifamily dwelling or trailer park or in any zone within the Town
of Fallsburg. It shall also be unlawful to feed cats at any other
location, including private homes or property, that has been determined
to attract additional cats, attract vector species or create a nuisance
to adjoining or proximal property owners by the Animal Control Officer,
a police officer or a Code Enforcement Officer.
B.
An exemption will be available only by written application to the
Town Board of Fallsburg. Subsequent review and approval by both the
Animal Control Officer and the Town Board will be required. This exemption
will also be available to organized feral colonies, to those meeting
the criteria for approval of a feral cat colony stipulated by the
Town of Fallsburg. This exemption will be subject to review and/or
termination at any time at the discretion of the Animal Control Officer
in concert with the Town Board.
A.
Any cat running at large within the Town of Fallsburg shall be subject
to seizure and impounding by any agent or officer duly designated
by the Town or authorized by the provisions of Article 26 of the New
York State Agriculture and Markets Law.
B.
Every cat seized shall be humanely fed and cared for during seizure
period.
C.
Notice of impounding. The Animal Control Officer, or authorized person
seizing any cat, shall exercise reasonable diligence to ascertain
the owner of the cat, and shall give or cause to be given reasonable
notice to such owner, or an adult member of his or her family, that
the cat has been seized. Such notice shall be personally served whenever
possible or via phone or mail.
In conjunction with property management, business owners, landlords
and any other entity experiencing nuisance cats, the Town of Fallsburg
will be occasionally permitting TNR programs, including trap, neuter
and release or relocation, euthanasia or adoption of subject cats
at the discretion of the Town Board and the Animal Control Officer.
These will be planned and scheduled events with notice provided in
advance to those residents potentially affected. Residents will be
responsible to keep their cats indoors during the designated times
to avoid capture and inadvertent disposition of their cats.
The Town of Fallsburg, in an attempt to create an alternative
to euthanasia, will be accepting applications for permits for a limited
number of feral cat colonies. Strict adherence to the Town's
Feral Cat Colony Rules and Regulations will be part of the criteria
in maintaining an active colony. Once a permit is approved and issued,
any violation of the rules and regulations will result in immediate
termination of the permit.
A.
An application for a Town permit is available to any resident of
Fallsburg desirous of establishing and maintaining a feral cat colony
in an approved location within the Town of Fallsburg. All criteria,
as follows, must be met for review and approval of the Board of the
Town of Fallsburg and the Fallsburg Animal Control Officer.
B.
Permits will only be issued to approved locations in areas where
public nuisance, i.e., odor, defecation, property damage and annoyance,
is not an issue and in a location not prohibited by any other ordinance
within the Town of Fallsburg.
C.
The colony manager must be an adult, 21 years or older, a permanent
resident of the Town of Fallsburg.
D.
The colony owner must be the property owner of the land on which
the feral cat colony will exist.
E.
The colony manager must be able to provide a satisfactory financial
plan for basic sustenance of said colony, including, but not limited
to, veterinary care, euthanasia, food, shelter and any other miscellaneous
expenses necessary to maintain the colony in a clean, humane and organized
fashion.
F.
All colonized cats must be spayed/neutered, rabies vaccinated and
must have an ear notch. Note: If documented proof can be provided
that a cat has been previously spayed/neutered and rabies vaccinated
prior to ear notching, the Town will waive the ear notch requirement.
The cat must be visually identified by means other than an ear notch,
i.e., collar.
G.
All cats will be cared for in a manner consistent with Article 26
of the New York State Agriculture and Markets Laws.
H.
Colony cats must be restricted, at all times, to the residence and
property hosting the colony.
I.
Cats will be fed/watered in amounts large enough to prevent straying.
J.
The colony manager agrees to prevent any and all nuisance to any
other properties, residents and businesses within the Town of Fallsburg.
K.
The colony manager agrees to allow periodic routine inspection of
the feral cat colony at the discretion of the Town of Fallsburg Animal
Control Officer or the Town Board four times per calendar year.
L.
Two written warnings will be provided to the colony manager upon
confirmed violation of the above rules and regulations. A third violation
will result in immediate revocation of said permit. The colony manager/property
owner will be required to remove and place appropriately all cats
within 30 days. Failure to remove cats will result in legal action
against the colony manager/property owner and property. The property
owner/manager of the colony will be subject to prosecution of any
and all violations of Town and state codes resulting from termination
of the Town permit.
M.
The colony manager shall notify the Town of the termination of the
colony and will be responsible to trap and rehome/euthanize all participating
cats. Upon termination date of the town permit, all cats will be removed
and placed appropriately within 30 days. Failure to remove cats will
result in legal action against the colony manager/property owner and
property.
The owner will be required to have the cat identified as described
in this chapter. Proof of rabies/spay/neuter will be required and
fees paid in full to the Town of Fallsburg Clerk as per the fee schedule
set forth in this chapter. If the cat is not spayed/neutered/rabies
vaccinated, the owner will be required to secure/pay a veterinarian
to provide such while the cat remains as seized by the Town of Fallsburg
or agree to prevent the cat from free roaming.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
A.
Seizure fee: The Town shall be entitled to a seizure fee as set by
resolution of the Town Board.
B.
Boarding fee: The Town shall be entitled to a boarding fee as set
by resolution of the Town Board.
C.
Impound fee: provided that the owner produces proof that the cat
is listed with the Town Clerk and is clearly identified pursuant to
this chapter and pays a fee as set by resolution of the Town Board.
The impoundment fee shall be in addition to the seizure fee and the
boarding fee.
D.
All expenses incurred by the Town in connection with the proceedings
to enforce this chapter shall be assessed against the property upon
which the cat is harbored and shall be levied and collected in the
same manner as provided in Article 15 of the Town Law for the levy
and collection of a special ad valorem levy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
If not redeemed within the five-day mandatory redemption period,
the cat shall then be made available for adoption or euthanized subject
to the provisions of § 374 of the New York State Agriculture
and Markets Law.
Any person specified in the Enforcement section of this chapter
having enforcement powers, having reasonable cause to believe that
a person has violated this chapter, shall issue and serve upon such
person an appearance ticket for such violation.
A.
Any person convicted of a violation of this chapter shall be liable
for a mandatory civil penalty of $50 for a first violation, $150 for
a second violation and $300 for a subsequent violation.
B.
Any person convicted of a second or subsequent violation of this
chapter shall be deemed to have committed a violation and in addition
to being subject to a fine, may be imprisoned for a period not exceeding
15 days.
No person shall interfere with, hinder or molest any agent of
the Town of Fallsburg in the performance of any duty as herein provided.
Any person violating this section shall be deemed guilty of a misdemeanor
and shall be subject to a fine of not less than $250 and not more
than $500.
If any part of this chapter shall be held invalid, such part
shall be deemed severable, and the invalidity thereof shall not affect
the remaining parts of this chapter.
