[HISTORY: Adopted by the Town Board of the
Town of Westfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-5-1962; amended in its entirety 2-1-2006 by L.L. No.
1-2006]
The title of this article shall be the "Dog
Control Law of the Town of Westfield."
This article is enacted pursuant to § 124
of the Agriculture and Markets Law.
The Town of Westfield, New York, finds that
the running at large and other uncontrolled behavior of dogs cause
physical harm to persons, damage to property and nuisances to Town
residents. The purpose of this article is to impose restrictions and
regulations upon the keeping of dogs so as to minimize such behavior
and thereby protect the health, safety and well-being of persons and
property.
As used in this article, the following terms
shall have the meanings indicated:
Where a dog is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
Accompanied by and under the immediate supervision
and control of the owner or other responsible person;
A police work dog in use for police work; or
Accompanied by its owner or other responsible
person and is actively engaged in hunting or training for hunting
on unposted land or on posted land with the permission of the owner
of the land.
To provide food or shelter to any dog.
Any person who harbors or keeps any dog. In the event that
any dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of the household in which
said person resides).
No dog shall:
A.
Be at large.
B.
Engage in habitual loud howling, barking, crying or
whining or conduct itself in such a manner so as to unreasonably and
habitually annoy any person.
C.
Cause damage or destruction to property or commit
a nuisance by defecating or urinating upon the premises of a person
other than the owner of such dog.
D.
Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E.
Habitually chase, run alongside of, or bark at motor
vehicles or bicycles.
F.
For female dogs, be at large when in oestrum (heat,
season).
G.
Not be licensed in compliance with § 110
of the Agriculture and Markets Law.
H.
Harass other animals on private property.
This article shall be enforced by any Dog Control
Officer or peace officer when acting pursuant to his special powers.
A.
Any dog in violation of the provisions of § 56-5 of this article may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered,
fed and watered for the redemption periods set forth in § 118
of the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of
licensing and identification pursuant to the provisions of Article
7 of the Agriculture and Markets Law and by paying the impoundment
fees set forth in § 118 of said article. These fees shall
be:
(1)
A pick-up fee of $10 and $15 per day for each day
through the five-day redemption period.
(2)
A pick-up fee of $20 and $15 per day for a second
impoundment within one year of the first impoundment for any dog owned
by the same person.
(3)
A pick-up fee of $30 and $15 per day for a third and
subsequent impoundments for any dog owned by the same person.
D.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his or her dog.
E.
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provisions of § 118 of the Agriculture and
Markets Law.
Any person who observes a dog in violation of
this article may file a complaint under oath with a Justice of the
Town of Westfield specifying the nature of the violation, the date
thereof, a description of the dog and the name and residence, if known,
of the owner of such dog. Such complaint may serve as the basis for
enforcing the provisions of this article.
Any Dog Control Officer or peace officer, when
acting pursuant to his duties, or a police officer in the employ of
or under contract to the Town of Westfield, upon observing a violation
of this article shall issue and serve an appearance ticket for such
violation.
A.
Notwithstanding the provisions of § 119
of the Agriculture and Markets Law, any person found to have violated
this article shall be deemed to have committed a violation and shall
be subject to a fine not exceeding $250 and imprisonment for a period
not exceeding 15 days, or both such fine and imprisonment.
B.
Any person having been previously convicted of a violation,
upon conviction for a second or greater offense, shall be deemed to
have committed a misdemeanor and be subject to a fine not exceeding
$1,000 and imprisonment for a period not exceeding one year, or both
such fine and imprisonment.
[Adopted 12-1-2010 by L.L. No. 5-2010[1]]
[1]
Editor's Note: This local law also repealed former Art.
II, Licensing Fees, adopted 5-6-1992 by L.L. No. 1-1992. Local Law
No. 5-2010 provided that it would take effect 1-1-2011.
All dogs in the Town of Westfield shall be licensed with the
Town Clerk by the age of four months, and any person applying for
a dog license shall present a current certificate of rabies vaccination
at the time of making application for a license or for the renewal
of an existing license.
All dog licenses shall be valid for a period of one year or
three years and shall expire at the end of the month one year or three
years from the date of issuance.
C.
A three-year license shall be available only to dogs on a three-year
rabies cycle that coincides with the license period.
D.
All licenses shall be purchased in person at the Town offices or
by regular mail. If licensing or renewing a license by mail, the appropriate
fee shall accompany the forms. There shall be no refund of fees.
E.
The fee for a replacement tag is $3.
F.
All license fees shall be used in funding the administration of the
Animals Law of the Town of Westfield.
G.
The amounts of the fees listed herein may be reviewed from time to
time by the Town Board and amended by resolution of the Town Board
as it deems necessary.
When the Town Board determines the need for a dog enumeration,
a fee of $5 will be assessed to the owner of any dog found unlicensed
or for which the license has expired and has not been renewed at the
time the enumeration is conducted.
The Town of Westfield shall not issue purebred and kennel licenses.
All dogs shall be licensed individually in accordance with the provisions
and fees set out above.
The Town of Westfield shall require a license for any guide
dog, service dog, hearing dog or detection dog, as those terms are
defined by Article 7 of the Agriculture and Markets Law, but no license
fee shall be required therefor.
The Town of Westfield does not allow the licensing of dogs by
a shelter. The shelter shall send the adoptive dog owners to the Clerk
of the town or city in which the dog will be harbored for licensing
or to the Town Clerk of the Town of Westfield where the shelter is
located, for the purchase of licensing prior to adoption.
