[Adopted 1-6-2009 by L.L. No. 1-2009]
The Board of Trustees of the Village of Ravena is concerned
about the proliferation throughout the Village of cats which do not
appear to be domesticated household pets and enacts this article to
reduce the chances of rabies and other feline diseases spreading through
cat colonies and to reduce the adverse effect stray and feral cats
have upon the quality of life in the Village.
As used in this article, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated.
Any cat of either sex and of any age.
Any cat kept in or about the residence of the owner.
Any cat found outdoors which does not wear a form of identification required by § 57-16B hereof.
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 who harbors a cat or
the adult member of a family in which a minor owner of a cat resides.
Any establishment, public or private, for the confinement
of cats seized either under the provisions of this article or otherwise.
A.
No more than two cats per household may be allowed outside the residence
of the owner at any time.
B.
No cat shall be allowed outside the residence of the owner at any
time unless the cat wears a collar and tag, tattoo, microchip or other
reliable form of identification stating the name, address and telephone
number of the owner.
C.
No cat shall be fed outdoors unless the owner is present.
D.
No cat shall be allowed outside the residence of the owner unless
it has been vaccinated for rabies and feline leukemia nor unless it
has been spayed or neutered.
E.
All cats, to the extent practicable, shall be restrained to stay
within the boundaries of the premises of the owner.
A.
The Municipal Code Enforcement Officer or such other person or agency designated by the Mayor to enforce this article, acting under the auspices of the Village Board or an agent or officer of a duly incorporated society for the prevention of cruelty to animals, is hereby authorized to seize and retain any lost, strayed, homeless or abandoned cat or any cat found upon any public or private property within the Village which does not have the identification specified in § 57-16B hereof at the time the cat is apprehended. However, no person administering the provisions of this article shall enter into a house, apartment, garage or other secured facility without the consent of the owner or tenant of the premises unless a search warrant issued by a Justice of the Village Court of the Village of Ravena is first obtained.
B.
Any cat so apprehended shall be retained by the Village or designated
agency in a properly sheltered and secure place and shall be properly
fed and watered for a period of seven days.
C.
Within the period of seven days after the cat is apprehended, the
owner may reclaim the cat upon reasonable proof of ownership to the
person or agency having custody of the cat, upon proof of payment
to the Village Treasurer of a fee in the sum of $25 per day for each
day or fraction thereof that the cat is held in custody and reimbursement
of all fees and expenses paid by the Village for veterinary treatment
rendered to the cat while in the custody of the Village.
D.
If the cat has not been claimed by the reputed owner within seven
days after it has been held, any person may adopt the cat upon payment
to the Village Treasurer of a fee of $15 and reimbursement of all
fees and expenses paid by the Village for veterinary treatment rendered
to the cat while in the custody of the Village.
E.
If, after a period of seven days, a cat has not been adopted or it appears to the satisfaction of the person or agency retaining a cat in custody that the cat is injured, diseased or is not domesticated, as defined in § 57-15 hereof, the custodian shall deliver the cat to a person or animal care facility by whom the custodian believes the cat will be properly cared for. If no facility is available, the custodian may allow the cat to be euthanized or otherwise disposed of in a humane manner consistent with the provisions of § 374 of the Agriculture and Markets Law of the State of New York.
F.
Neither the Village, its officers or employees, the Police Department,
agent or officer of a duly incorporated society for the prevention
of cruelty to animals, nor the persons or agencies authorized by the
Mayor to enforce the provisions of this article 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.
Pursuant to the authority granted to the Board of Trustees by
§ 22 of 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 Board of Trustees to
enact the provisions of this article in effect on the effective date
of this article are hereby superseded to the extent such provisions
are inconsistent herewith.
A.
Issuance of appearance tickets. The Municipal Code Enforcement Officer,
appropriate police agency, or other person authorized to enforce this
article shall issue an appearance ticket pursuant to the Criminal
Procedure Law for any violation of any provision of this article,
and an answer to such appearance ticket shall be made to the Village
Court of the Village of Ravena on the return date at the time specified
in said appearance ticket.
B.
Penalties. Any person violating any provision of this article shall
be guilty of a violation, as defined in the Penal Law of the State
of New York, and shall be punished by a fine of not more than $125
for a first offense; not more than $250 for the second offense; and
not more than $375 for the third offense and for all subsequent offenses.
