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Justice at last, two years after being run out of town!

Posted by Smart Snakes Chad at 11/22/2013 5:59:12 PM



https://www.facebook.com/notes/andy-swift/village-of-cuba-modification-of-the-animal-law/10151769934063483

Village of Cuba - Modification of the Animal Law

November 22, 2013 at 2:46pm

Hello Village residents,

 

       I am writing this note to explain the changes to the definition of animals in the Village of Cuba.  As of the November board meeting in 2013, several laws and regulations regarding animals have been modified.  This has been about a 2 year effort to get this agreed upon and put in place.  Please contact me if you have questions.

 

The purpose of the changes are to fix incorrect wording, minimize the use of permits for animals in the Village, extend the total amount of animals allowed, and modify an overly restrictive definition. 

  • The incorrect wording was primarily with the word poisonous.  The word that should have been used was venomous.  The following examples explain the difference.  If you bite something poisonous, you could die.  If something venomous bites you, you could die.

  • In the past, most of our permits were written for chickens, rabbits and snakes.  All existing permits for chickens, rabbits and snakes are now expired, as there is no longer a requirement for permits to keep these animals.  Permits can still be requested for animals that meet the new requirements, but there should be very little need for these in the future as most of the newly defined animals will not be permitted.  My primary objection to requiring permits for most pets and chickens is that the permit requires the requester to relinquish their 4th Amendment rights so that the Village animal control officer can inspect the premises at any time.  I don't believe it's too much of a hardship on the Village to have a judge sign a warrant if there is reason to suspect animal abuse.

  • The past practice of the Village was to allow only 4 total animals including dogs and cats.  I felt that this was too restrictive, so we modified the zoning law to include a total of 6 dogs and cats in any combination per household.  This does not include other pets, or animals that require a permit.  In addition, you may have up to 6 rabbits and chickens (hens only) in any combination.  This will allow, for example, a family with 2 cats and 4 dogs to also raise 6 chickens.

  • A strongly contested portion of this change was the removal of snakes and other reptiles from the definition of animals.  I believe that the fear of snakes, which is quite common, led to the previous definition which was restrictive and punitive to reptile enthusiasts.  The Village Code no longer lists them specifically, but the dangerous snakes and reptiles are part of the NY State DEC code that was referenced in the Village definition of Animals.  They will not be allowed without a permit, and getting approval for that permit will be somewhere between difficult and impossible.  Below, I have copied the portion of the DEC code we have referenced to define wild animals.

 

N.Y. ENV. LAW § 11-0103 5(e) - Wild animal includes, and is limited to, any or all of the following orders and families: (1) Nonhuman primates and prosimians, (2) Felidae and all hybrids thereof, with the exception of the species Felis catus (domesticated and feral cats, which shall mean domesticated cats that were formerly owned and that have been abandoned and that are no longer socialized, as well as offspring of such cats) and hybrids of Felis catus that are registered by the American Cat Fanciers Association or the International Cat Association provided that such cats be without any wild felid parentage for a minimum of five generations, (3) Canidae (with the exception of domesticated dogs and captive bred fennec foxes (vulpes zerda)), (4) Ursidae, (5) All reptiles that are venomous by nature, pursuant to department regulation, and the following species and orders: Burmese Python (Python m. bivittatus), Reticulated Python (Python reticulatus), African Rock Python (Python sabae), Green Anaconda (Eunectes maurinus), Yellow Anaconda (Eunectes notaeus), Australian Amethystine Python (Morelia amethistina and Morelia kinghorni), Indian Python (Python molurus), Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus nilocitus), White Throat Monitor (Varanus albigularis), Black Throat Monitor (Varanus albigularis ionides) and Crocodile Monitor (Varanus salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof, (6) Crocodylia.

 

Here is a copy of the text of our new Village laws for your reference:

 

§ 76- 10. Definitions.

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

ANIMAL or ANIMALS — Horses, cattle, goats, sheep, swine, alpaca, ostrich, emu, or any animal generally considered by species to be wild as defined by NYS DEC, or other living creature housed outside the dwelling unit (excluding rabbits and chickens). The term "animal," as used in this Article, shall not be deemed to include dogs or cats.

 

§ 200-10 Definitions.

KENNEL — Any premises on which six (6) or more dogs or cats in any combination, six (6) months old or older, are kept, bred and/or boarded.

 

§ 200-25 Regulations.

AA. No dwelling units shall be allowed to keep more than six (6) dogs and cats in any combination, which are more than six (6) months of age. In addition, no dwelling units shall be allowed to keep more than six (6) chickens or rabbits, in any combination, which are more than six (6) months of age.





 Comments: View Oldest First  


Sonja K. ,
Posted At: 11/22/2013 8:23:16 PM  

Congratulations! I hope your fellow residents realize and appreciate all your efforts.



Niki ,
Posted At: 11/22/2013 8:43:58 PM  

Glad to see small battles being won! Congrats!!



George H. Wessel VII,
Posted At: 11/24/2013 4:26:48 PM  

Nice!



Lauren ,
Posted At: 11/25/2013 9:00:22 AM  

That's great, congrats!


  
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