[Adopted 5-18-2004 by L.L. No. 15-2004]
As used in this article, the following terms
shall have the meanings indicated:
All species of mammals, except humans, and all species of
birds.
Any municipally owned or operated facility maintained for
the confinement of dogs and other animals.
Includes any vehicle which is self-propelled and any trailer
which is attached to a self-propelled vehicle.
A.Â
No person owning or otherwise having possession, charge,
custody, dominion or control of an animal shall place or confine such
animal or allow it to be placed or confined or to remain in an unattended
motor vehicle without sufficient ventilation or under other conditions
or for such a period of time as may endanger the health or well-being
of such animal due to heat, lack of water or such other circumstances
as may reasonably be expected to cause suffering, disability or death.
B.Â
No person owning or otherwise having possession, dominion
or control over a motor vehicle shall place or confine an animal or
permit an animal to be placed or confined or to remain in an unattended
motor vehicle without sufficient ventilation or under other conditions
or for such a period of time as may endanger the health or well-being
of such animal due to heat, lack of water or other circumstances as
may reasonably be expected to cause suffering, disability or death.
Any police officer, peace officer or animal control officer of the Town of Yorktown who finds an animal in a motor vehicle in violation of § 115-13 of this article may break and enter the motor vehicle, without civil or criminal liability, to remove the animal. The person so removing the animal shall take said animal, or cause said animal to be delivered, to the animal shelter of the town involved. The person shall, in the event that the owner or custodian of said animal cannot be otherwise contacted, leave in a prominent place in the motor vehicle a written notice bearing his name and department and the address where the animal may be claimed by the owner thereof. The animal shall be surrendered to the owner if the owner claims the animal within five days from the time the animal was removed from the motor vehicle and pays all reasonable charges which have accrued for the maintenance of the animal. The animal shelter having custody of the animal shall make reasonable efforts to contact the owner and give notice that the animal is in its custody and that the animal may be reclaimed by the owner upon payment of the reasonable maintenance charges. If the owner does not reclaim the animal within the specified time, the animal shelter may dispose of the animal in accordance with prevailing laws and regulations.
Any person who violates § 115-13 of this article shall be guilty of a violation punishable as follows:
A.Â
For a first violation: a fine of not less than $100
nor more than $250.
B.Â
For a second violation within five years: a fine of
not less than $250 nor more than $400 or by imprisonment for a period
not to exceed 15 days, or by both such fine and imprisonment.
C.Â
For a third violation within five years: a fine of
not less than $400 nor more than $550 or by imprisonment for a period
not to exceed 15 days, or by both such fine and imprisonment.
D.Â
For a fourth and subsequent violations within five
years: a fine of not less than $550 nor more than $650 or by imprisonment
for a period not to exceed 15 days, or by both such fine and imprisonment.
