failure to confine cat

[canal]

new york

received apperance ticket for violation of section 5-1 sub=div.(2) of olean city law. section 5-1 is prohibited in city:sub-div 2 reads:cats may be mainained within the limits of the city if confined to the owners property. they shall not be allowed t run at large and become an nuisance to adjoining property owner.

plead not guilty and will go to trial 6/26. animal control officer picked up cat in street. have petition signed by adjoining property owners stating that cat is not a nuisance to them and none of the filed complaint.

feel that if cats should be confined to owners property law would not have included last part about being nuisane to adjoining property owners.

do i have a case or should i change plea to guilty?

 

[JETX]

Plead guilty and confine your cat in the future.

The law reads in THREE parts (and not inclusive):
"cats may be mainained within the limits of the city if confined to the owners property."
"they shall not be allowed to run at large" and
"(they shall not be allowed to) become an nuisance to adjoining property owner."

As I read it, the lack of 'a nuisance' is not the only condition of the statute.

 

[William Johnson]

does this mean you can't take the poor cat to the vet because that would require removing the cat from your home?
i interperate the statute to imply that the combination of not confining the cat to home, allowing the cat to run freely, and causing a nuisance combined must be violated for the statute to be inforced.
i agree that the cat should be confined in the future because it would only require 1 complaint by a neighbor to find you guilty of this crime.
it is important to inforce such rules regarding confinement of pets because they can injure children, other pets and damage property. if you get accused of one of these events, you could find yourself knee deep in cat crap.