It shall be unlawful to permit any of the following
farm animals to be harbored or allowed to remain in any dwelling or
lot in the City of Middletown: cattle, chicken, duck, goose, goat,
horse or pig.
Any person who violates any of the provisions
of this article shall be guilty of an offense within the meaning of
the Penal Law of the State of New York and, upon conviction thereof,
shall be subject to a fine of not less than $50 nor more than $250
for each violation and in addition may be required by the court, in
its discretion, to pay restitution to the City of Middletown for any
expenses associated with the seizure, impoundment, shelter, care or
destruction of the violator's animals. Each day that a violation is
permitted to exist shall constitute a separate offense.
In the event that a law enforcement agent or
Animal Control Officer has probable cause to believe that any of the
above farm animals is being harbored or permitted to remain in any
dwelling unit or lot in violation of this article, the law enforcement
officer or Animal Control Officer may petition the Middletown City
Court to order the seizure and impoundment of the farm animal pending
hearing. The owner or custodian of any farm animal seized and impounded
pursuant to this article shall be afforded a hearing upon appropriate
notice within five days of said seizure to determine if in fact a
violation of this article has occurred.