ARTICLE II, Cats

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ARTICLE II, Cats

§ 85-10. Purpose

The purpose of this article is to control and set forth licensing rules and regulations regarding cats in the Village.

§ 85-11. Definitions

As used in this article, the following terms shall have the meanings indicated:

OWNER -- Any person who is the owner of a cat or any person who keeps, feeds or harbors a cat. The owner need not be a resident of the Village, but, for violation to occur, the cat must be in the Village.

§ 85-12. Prohibited acts

It shall be unlawful for any owner of or any person harboring any cat to permit or allow such cat while in the Village to:

A. Be vicious or to stray 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 commit a nuisance upon the premises of a person other than the owner or person harboring such cat.

C. The owner of any cat shall be responsible for cleaning up excrement of their animal when elsewhere other than owner's premises.

D. No person who owns a cat shall permit the premises, structure or enclosure in which such cat is kept to be in an unclean or unsanitary condition. Each day an owner fails to comply with this provision shall be deemed a separate offense.

§ 85-13. Enforcement

Any police officer of the Village, or any other person or agency designated by the Village or authorized by law to seize or impound a cat and shall have the authority to enforce the provisions of this article, including the issuance of a warning (“Warning”) and a notice of fine (“Notice of Fine”) in forms substantially similar to those in Schedule C, and/or serve a summons or an appearance ticket or execute of any other appropriate court process. [See also §85-27.1 Enforcement]

§ 85-14. License required

On or before January 2001, all cat owners are required to secure a Village cat license from the Village Clerk upon completion of the Village application form. The license fee chargeable to the owner will be $2.50 for neutered or spayed cats and $7.50 for cats not spayed or neutered. The cat license must be attached to a collar at the neck of the cat being licensed and remain there.

§ 85-15. License fee; term of license

The license fee will be a one-time charge to the owner for that cat, and the license will remain valid so long as the cat ownership shall remain the same.

§ 85-16. Nontransfer of license

In the event ownership of the cat is transferred, then the current license will be deemed to have expired, and the new owner shall have to secure a new license for the cat. No license is transferable from one cat to another.

§ 85-17. Disposition of unlicensed

Effective January 1, 2001, the Village Animal Control Officer will apprehend unlicensed cats within the Village and deliver such cats to the designated humane facility or such other organization as may be designated by the Board of Trustees of said Village.

§ 85-18. Penalties for offenses

Penalties for violations shall be as follows:

A. First offense: a mandatory civil penalty of $100;

B. Second offense within a five-year period: a mandatory civil penalty of $150;

C. Third offense within a five-year period: a mandatory civil penalty of $250.

§ 85-19. Seizure of cats running at large

A. Any cat running at large within the limits of the Village shall be subject to seizure and impounding by any peace officer or by any person or agency designated by the Village.

B. Every cat seized shall be humanely fed and cared for at the designated humane facility until disposition thereof shall be made as herein provided.

C. Notice of impounding. The peace officer or authorized person seizing any such cat shall exercise reasonable diligence to ascertain the owner of the cat and shall give or cause to be given reasonable notice to such owner or an adult member of his or her family that the cat has been seized and will be destroyed unless redeemed within the period herein provided. Such notice shall be in writing and shall be personally served whenever possible (reasonable diligence to this end being made in accordance with Article 7, § 118, of Agriculture and Markets Law).

D. Disposal of unredeemed cats. If not redeemed, within the period set forth in § 118 of the Agriculture and Markets Law, the owner of the cat shall forfeit all title to the cat, and the cat shall be humanely destroyed by the designated humane facility (Article 25B, §§ 331 and 332, of the Agriculture and Markets Law).

E. Enforcement provisions. Any police officer of the Village, the Animal Control Officer or any other person or agency designated by the Village or authorized by law to seize and impound a cat pursuant to the provisions of this article shall have the power to seize and impound any cat in violation of any section of this article and issue appearance tickets.

F. Redemption fees. Any cat seized in accordance with the provisions of this article may be redeemed by the owner of the same upon payment to the designated humane facility in accordance with Article 7, § 118 of the Agriculture and Markets Law and proof of current license and vaccination.