[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:
AT LARGE
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:
A.
Accompanied by and under the immediate supervision
and control of the owner or other responsible person;
B.
A police work dog in use for police work; or
C.
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.
HARBOR
To provide food or shelter to any dog.
OWNER
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).
This article shall be enforced by any Dog Control
Officer or peace officer when acting pursuant to his special powers.
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.
[Adopted 12-1-2010 by L.L. No. 5-2010]
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.
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.