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ESSEX COUNTY LOCAL LAW NO. 3 OF 1998
A local law to prohibit the importation into, and liberation and release
within, Essex County of certain dangerous animals.
BE IT ENACTED by the Board of Supervisors of Essex County as follows:
1. Policy & Purpose
The preservation, promotion and maintenance of the health, safety and
welfare of persons and property in Essex County is of paramount
importance. It is a primary purpose and function of Essex County
government to prevent unreasonable and/or unnecessary risk of injury or
death to persons and/or damage to property within Essex County,
including but not limited to the risks and dangers to human beings or
domestic animals posed by certain live dangerous animals in the wild.
This purpose and function has been recognized by the State of New York
through the enactment of County Law 225
(1)(j) which authorizes Essex County and other counties to appropriate
and expend funds for the destruction of certain dangerous animals. The
importation into and the liberation or release within Essex County of
live dangerous animals poses a significant, serious and increased risk
and danger to persons and property within Essex County and will likely
result in the appropriation and expenditure of public funds for the
destruction of these same animals. Pursuant to its home rule powers
under Municipal Home Rule Law 10, it is hereby declared to be the policy
of Essex County to prohibit the importation into and liberation or
release within Essex County of certain live dangerous animals, whether
indigenous or non-indigenous, which in a wild state are carnivorous or
which because of their nature or physical makeup are capable of
inflicting serious physical harm or death to human beings or domestic
animals, or which otherwise present a risk of serious physical harm or
death to human beings as a result of their nature or physical makeup or
by being a carrier for rabies.
2. Definitions
As used in this local law:
(a) "Dangerous Animals" means any indigenous or non-indigenous animal,
other than a domestic animal, which in a wild state are carnivorous or
which because of their nature or physical makeup are capable of
inflicting serious physical harm or death to human beings or domestic
animals, or which otherwise present a risk of serious physical harm or
death to human beings as a result of their nature or physical makeup or
by being a carrier for rabies, including but not limited to bobcats,
wolves, wolfdogs, coyotes, coydogs, foxes, constricting or venomous
reptiles or mountain lions.
(b) "Domestic Animal" means any animal within the purview of section 108
of the New York Agriculture and Markets Law, including but not limited
to any domesticated sheep, horse, cattle, fallow deer, red deer, sika
deer, whitetail deer which is raised under license from the New York
State Department of Environmental Conservation, llama, goat, swine,
fowl, duck, goose, swan, turkey, confined domestic hare or rabbit,
pheasant or other bird which is raised in confinement under license from
the New York State Department of Environmental Conservation.
(c) "Importation" means the act of bringing into Essex County.
(d) "Liberation" means to set free, whether intentionally or
unintentionally, a dangerous animal so as to allow such animal to roam
and/or run at will on any public or private property,acting on its own
initiative and without restraint.
(e) "Person" means any individual, corporation, partnership, company,
society, association or organization, or any state or department or
agency thereof, or the United States or any department or agency
thereof.
(f) "Release" means to remove or cause to be removed, whether
intentionally or unintentionally, any restraint so as to liberate a
dangerous animal.
(g) "Restraint" means any device, apparatus or enclosure which prevents
a dangerous animal from being liberated and which places the dangerous
animal under the direct, complete and immediate control of the person
possessing such dangerous animal, including but not limited to chains,
leases and cages.
3. Importation and Liberation/Release of Dangerous Animals Prohibited
The importation and liberation or release within Essex County of any
live dangerous animal by any person is prohibited.
4. Exception: Transportation and Possession of Dangerous Animals Under
License
Nothing in this local law shall prohibit the transportation and
possession of any live dangerous animal pursuant to a valid license or
permit issued by the New York State Department of Environmental
Conservation under Section 11-0511 of the New York Environmental
Conservation Law.
5. Penalties
Any person violating a provision of this local law shall:
(a) in the case of a first violation, be guilty of a class B
misdemeanor, and upon conviction thereof shall be punished by a fine not
to exceed $5,000.00 or by imprisonment not to exceed 90 days, or both;
and
(b) in the case of a second or subsequent violation, be guilty of a
class A misdemeanor, and upon conviction thereof shall be punished by a
fine of not to exceed $10,000.00 or by imprisonment not to exceed 6
months, or both.
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