[Adopted 11-20-2001 by L.L. No. 3-2001]
It appearing that cats in the Village of Fort
Plain 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 Village Board of the Village of Fort Plain 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 Fort Plain."
As used in this article, the following terms
shall have the meanings indicated:
The person authorized by the Village Board from time to time,
by resolution, to enforce the provisions of this article. If no other
person has been approved by the Mayor of the Village of Fort Plain,
then the person designated as the Dog Control Officer shall also hold
the position of Control Officer under 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.
Includes any person who keeps, feeds or harbors or has the
care, custody or control of a cat. Cats owned by minors shall be deemed
to be in the custody and control of the minor's parents, guardian
or other head of household where the minor resides. The owner need
not be a resident of the Village of Fort Plain, but, for a violation
to occur, the cat must be in the Village limits of the Village of
Fort Plain.
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 Fort Plain 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 Fort Plain unless currently
vaccinated against feline rabies.
A.
This article shall be enforced by the Control Officer
or by the Village Police Department or any other peace or enforcement
officer. Such officers may issue, pursuant to the Criminal Procedure
Law, an appearance ticket, or in lieu thereof, a uniform appearance
ticket and simplified information for any violation of this article.
B.
Any person who witnesses or suffers from a violation
of the restrictions of this article may file a verified information
with the Control Officer, who shall issue and serve an appearance
ticket based upon such information.
C.
Any person who observes a cat violating any section
of this article may file a signed complaint under oath with such Justice,
specifying the objectionable conduct of the cat, the date thereof,
the alleged violation, a description of the cat and the name and residence,
if known, of the owner or other person harboring said cat.
Any Justice of the Town of Minden shall have
jurisdiction to hear all signed complaints, appearance tickets, uniform
appearance tickets or uniform appearance tickets and simplified information
filed as hereinafter provided and all actions and proceedings hereunder
and of all prosecutions for the violation of this article. Upon receipt
by such Justice of any complaint against the conduct of any particular
cat, such Justice shall summon the alleged owner or other person harboring
said cat to appear in person before him; if the summons or any appearance
ticket, uniform appearance ticket or uniform appearance ticket and
simplified information is disregarded, such Justice may permit the
filing of an information and issue a warrant for the arrest of such
person.
A violation of this article shall be deemed
an offense, and a person convicted of a violation shall be liable
to a fine of up to $250 or by imprisonment for not more than 15 days,
or both. 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.
If any provision of this article shall be invalidated
by any court, such provision shall be deemed severable, and, the remaining
provisions shall continue in full force and effect.
The chapter designation and numerical/lettering
designations of the sections and article(s), included in this local
law shall be delegated to the discretion of General Code Publishers,
which may renumber the chapter, sections and articles(s) included
in this local law as necessary to accommodate incorporation of this
local law in the Code of the Village of Fort Plain.
Any local law or part or parts of any local
law in conflict herewith are hereby repealed.
