The City Council of the City of Newburgh shall designate the
sites and/or facilities which shall constitute the public pound of
the City. In the absence of any such designation by the City Council,
the City Manager may make such designation.
Any animal found in any public street, thoroughfare, park or
other public or common grounds, property or area in violation of the
provisions of this article or of the Agriculture and Markets Law of
the State of New York shall be impounded.
A.
No horses, cattle, sheep, goats or hogs, or other farm, domesticated,
companion, service or other animals shall be driven or permitted to
be allowed on or driven along any street, or shall be allowed to be
on any City street or other property owned or controlled by the City,
including but not limited to parklands, waterfront or other City facilities
or buildings, unless led by suitable leash, harness, rope or strap
halters or driven by proper reins or other suitable and sufficient
physical means of control attached to each animal and giving complete
control thereof to the person leading it.
B.
No person shall lead or attempt to least or cause to be led along
any street any cattle, sheep, goats or hogs, or other farm or wild
animal otherwise than singly, one person with each animal.
No domesticated fowl shall be permitted in any street or other
public area owned or controlled by the City.
At the expiration of the time set forth in the New York State
Agriculture and Markets Law, all unclaimed impounded animals may be
destroyed or disposed of under the direction of the City veterinarian,
or City Chief of Police, or Code Compliance Officer, or Animal Control
Officer, or City Manager, or other City official with responsibility
for same.
No person shall breed or attempt to breed or aid or abet the
breeding of any animal in any public place within the City or in any
place within the City not entirely enclosed and completely screened
from observation from without the enclosure. Any such breeding shall
be allowed only in compliance with all applicable laws, rules and
regulations.
No person shall hunt, shoot, feed or in any manner interfere
with or annoy any wild animals, fish, game or birds within the City,
except as the City may permit or allow.
Every stable or other building where a horse or horses, or other
farm or domesticated animals are kept shall be maintained in a clean
and sanitary condition. All manure in or about a stable or enclosure
where animals are kept or confined, when allowed to accumulate for
more than 24 hours, shall be kept in properly constructed manure receptacles,
which shall be flyproof and watertight and provided with a well-fitting
cover, which shall be kept tightly closed, and which shall be adequate
and sufficient to fully contain such manure, and prevent the release
of odors, and prevent access thereto by insects or vermin, except
when in actual use of filling or emptying. No pile or deposit of manure
or other offensive substances shall be made within 100 feet of any
inhabited dwelling or business location, or anywhere on property owned
or controlled by the City, or on any street or parkland or other City
property.
The fee chargeable by the City Clerk, Chief of Police, Code Compliance Supervisor, City Manager, City Comptroller or Animal Control Officer for destroying and disposing of dogs and cats, either with the consent of the owners of such animals or as allowed or provided by the Agriculture and Markets Law and other laws of the State of New York, shall be as set forth in Chapter 163, Fees, of this Code. All fees received shall be remitted to the City Clerk.
A.
It shall be a violation for any person being the owner of any animals
or fowl, the person having the care and custody of the same, or the
owner, lessee or occupant of property where said animal or fowl are
kept, boarded or maintained to:
(1)
Cause, permit or allow said animal or fowl to engage in the making
of habitually loud noise or cause frequent or long-continued noise
so as to disturb the comfort or repose of any persons in the vicinity.
(2)
Cause, permit or allow said animal or fowl to cause damage or destruction
to the property of another or to injure another person.
(3)
Cause, permit or allow the premises, structures or enclosures in
which such animal or fowl is kept to be unclean or unsanitary, or
to cause or create a nuisance, including but not limited to the generation
of noxious or offensive odors, to attract insects or vermin, or to
present a hazard to human health or safety, or to pollute the environment.
(4)
Cause, allow or permit the premises, structures or enclosures in
which such animals are kept to deteriorate or be in such a state or
condition so as to create a dangerous condition to any animal; or
to fail to provide adequate food, water or care to any such animal
so as to injure or endanger the health of any such animal.
B.
Any person who violates this section or who knowingly permits the
violation thereof shall be deemed to have committed a violation punishable
by a fine of not more than $250 for each violation. Each day a violation
continues shall be deemed a separate violation.
A.
The keeping, maintaining or harboring in the City of chickens, ducks, geese or other fowl, pigs, swine, goats, sheep, horses, donkeys, mules, cows or other cattle, or any wild, feral or nondomesticated animals except as provided in Subsections B and C hereof, is hereby declared to constitute a public nuisance, and it shall be unlawful for any person as owner, occupant, lessor or lessee to keep, maintain or harbor any such animal or permit any land owned, occupied or controlled by such person to be used for such purpose.
B.
Notwithstanding Subsection A hereof, it shall be lawful to keep or harbor not more than two horses on any one parcel of property, provided that:
C.
No more than five cats, over six months old, may be harbored or permitted
to remain in any dwelling unit or lot in the City of Newburgh.
(1)
Any person who violates any of the provisions of this subsection
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 Newburgh for any expenses associated
with the seizure, impoundment, shelter, care or destruction of the
violator's cats. Each day that a violation is permitted to exist
shall constitute a separate offense.
(2)
In the event that a law enforcement agent or animal control officer
has probable cause to believe that a cat is being harbored or permitted
to remain in any dwelling unit or lot in violation of this subsection,
the law enforcement officer or animal control officer may petition
the Newburgh City Court to order the seizure and impoundment of the
cat pending hearing. The owner or custodian of any cat seized and
impounded pursuant to this subsection shall be afforded a hearing
upon appropriate notice within five days of said seizure to determine
if in fact a violation of this section has occurred.
