ARTICLE IV, Wild Animals and Venomous Reptiles

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ARTICLE IV, Wild Animals and Venomous Reptiles

§ 85-25. Definitions

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

WILD ANIMALS OR VENOMOUS REPTILES -- Wild game or exotic animals customarily existing in a wild state, but shall not include a dog or cat.

§ 85-26. Restrictions

No person shall possess, keep, harbor or maintain any wild animal or venomous reptile within the corporate limits of the Village of Ilion.

§ 85-27. Exceptions

A. Upon application to the Village Board, the Village Board may permit, in its sole discretion, and under such terms and conditions as it may prescribe, the possession, maintenance and harboring of wild animals or venomous reptiles, for zoological, educational and scientific purposes or for the propagation of such wildlife in captivity for preservation purposes, provided the same are suitably confined to prevent escape. Such permits shall be further subject to any appropriate provisions of the Agriculture and Markets Law, Conservation Law, and federal laws or regulations.

B. There is further specifically excepted from provisions or prohibitions of § 85-25 above, the common household pets such as goldfish, tropical fish, turtles, parrots, canaries, lovebirds and other similar birds, rabbits, hamsters, mice or gerbils and nonvenomous lizards and reptiles.

C. For the safety and humane treatment of the animal, and for the maintenance of order in the Village, no reptile may be out of doors at any time or for any reason, unless such animal is safely secured in an adequately sized, constructed and ventilated cage or animal carrier with the intent to transport the animal to or from a pet store or veterinarian. All other public displays of such animals are otherwise prohibited except by permission granted under Subsection A above.

D. Proof of intent to transport shall be a signed, dated and timed affidavit or a verifiable appointment logged with a veterinarian or pet store or a dated, timed and employee-signed sales receipt.

E. All endangered, threatened and special-concern fish and wildlife species as listed in the Code of Federal Regulations, 50 CFR 17.11 and 17.12, or in the list maintained by the State of New York Division of Fish and Wildlife (or any revision of said federal or state lists) shall be prohibited except by permission granted under Subsection A, above.

§ 85-27.1. Enforcement

A. The Codes Enforcement Officers and Village Police Officers hereby have full authority to investigate all violations of this chapter with and/or without receiving any complaints regarding any violations of the same. All investigations will be conducted under the general rules and conduct and in accordance with the Criminal Procedure Law and Penal Law of the State of New York.

B. If the person upon whom the Warning is served fails, neglects or refuses to comply with said Warning within twenty four (24) hours, the Village may serve a Notice of Fine upon the owner. The terms of payment for the fine are set forth in Schedule C. Every twenty four (24) hours that a violation of this chapter continues shall be and does hereby constitute a separate and distinct offense, subject to the terms set forth in Schedule C.

C. At any time after the service of a Notice of Fine the Village may, but is under no obligation to, issue an appearance ticket to the owner to appear in the proper court of jurisdiction that may subject the owner to additional penalties and demands set forth by the court.

§ 85-28. Penalties for offenses

A. Penalties for violating provisions of this chapter are provided in Schedule C.

B. In addition, the wild animal shall be seized and impounded and shall be either offered to a recognized institution for scientific or educational purposes or surrendered to the Department of Environmental Conservation or destroyed.