Village of Westfield, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Westfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-18-1961 as Ch. I, Art. XXIX, of the 1961 Ordinances; amended in its entirety 6-18-1973]
It is the purpose of this article to provide control of the keeping or the running at large of dogs in the Village of Westfield in such a way as to protect the safety and property of the residents and persons in the Village of Westfield.
As used in this article, the following terms shall have the meanings indicated:
OWNER
Any person or persons, firm, association or corporation owning, harboring or keeping a dog.
OWNER'S PREMISES
Any premises owned, occupied or under the control of the dog owner, but shall exclude any portion which is part of a public street, sidewalk or public place.
RUN AT LARGE
A dog shall be deemed to be "running at large" if it is elsewhere than on the premises of the owner while not in the control of the owner or the owner's agent and without the knowledge, consent or approval of the owner of such lands.
[Amended 10-30-1995 by L.L. No. 5-1995]
[Amended 10-30-1995 by L.L. No. 5-1995]
Every owner must secure a license for every dog of licensing age which he owns, harbors or keeps and shall keep on each licensed dog a suitable collar, to which shall be securely attached the license tag applicable to each such dog as provided in the Agriculture and Markets Law.
No owner shall permit a dog to become a public nuisance. A dog shall be considered a public nuisance if it:
A. 
Shall prolongedly or persistently bark or howl for 1/2 hour or more; or
B. 
When in heat, is not controlled so as not to permit undesired contact with other dogs.
[Amended 10-30-1995 by L.L. No. 5-1995][1]
[1]
Editor's Note: Original §§ 51-5 and 51-6, regarding dangerous dogs and complaints, respectively, which immediately followed this section, were deleted 10-30-1995 by L.L. No. 5-1995.
[Amended 10-30-1995 by L.L. No. 5-1995]
A complainant may notify, either orally or in writing, the Chief of Police or Dog Control Officer of the Village of Westfield of any violation, giving details of the nature of said violation, including the time and place of the same. The Chief of Police or Dog Control Officer shall then cause to be served a written notice of the complaint upon the owners of the dog. If a subsequent complaint regarding the dog is thereafter received and filed, the fact that a prior notice of a complaint had been served upon the owner shall constitute presumptive evidence that the owner has knowingly permitted the dog to commit the prohibited act.
A. 
No dog shall be permitted or allowed to run at large within the Village of Westfield.
B. 
Every dog while off the owner's premises shall be restrained by a chain or leash not exceeding eight feet in length and shall be under the charge and control of a person effectively able to control and restrain the dog.
C. 
Every dog not so restrained and found off the owner's premises shall be seized by the Dog Control Officer, by any police officer or by any other person or agency designated by the Village or authorized by law to seize such dog, and such person(s) shall be empowered to exercise such degree of humane force as shall be necessary to effect the seizure of the dog.
[Amended 10-30-1995 by L.L. No. 5-1995]
D. 
Owners shall be responsible for the immediate removal, cleanup and safe and sanitary disposal of all waste matter created by their dog or pet.
[Added 10-5-1998 by L.L. No. 9-1998]
[Amended 10-30-1995 by L.L. No. 5-1995]
A. 
If the dog seized bears a license tag, the officer seizing the dog or the Dog Control Officer shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or adult member of his family with a notice, in writing, stating that the dog has been seized and will be destroyed unless redeemed within the period herein provided.
B. 
The owner of a dog seized may redeem the dog within five days, except that the owner of a dog bearing a license tag may redeem the dog within seven days, if notification to the owner is served personally, or within nine days from the date of mailing, if notification is given by mail, by paying to the Village Clerk the sum of $10 for the seizure of the dog. The owner shall also pay a charge of $10 for each and every day the dog has been boarded. If the dog is not redeemed by the owner, the dog shall be disposed of as provided in § 118 of the Agriculture and Markets Law.
[Amended 10-30-1995 by L.L. No. 5-1995]
A. 
There is hereby created the position of Dog Control Officer, who shall be appointed by and serve at the pleasure of the Board of Trustees, with remuneration to be determined by the Board of Trustees.
B. 
The Dog Control Officer shall have all the powers provided in § 114 of the Agriculture and Markets Law.
C. 
The Dog Control Officer shall keep a record and description of each animal seized, including the date of seizure, receipt by him of such animal, the date and manner of its disposition or redemption and the name and address of the person by whom redeemed and any other information required by the Agriculture and Markets Law.
[Amended 10-30-1995 by L.L. No. 5-1995]
No person shall hinder, resist or oppose the Dog Control Officer, any police officer or agent or employee or representative of the Village in the performance of his duties under this article.
[Amended 10-30-1995 by L.L. No. 5-1995]
Unless otherwise provided in Article 7 of the Agriculture and Markets Law, any person, firm or corporation who or which shall violate any of the provisions of this article shall be guilty of an offense and shall be subject to a fine not exceeding $250 or a term of imprisonment not exceeding 15 days, or both. Each day's continued violation shall constitute a separate offense.
[Added 10-5-1998 by L.L. No. 9-1998]
Modifications and amendments to this article as required may take effect only by resolution of the Village Board of Trustees.
[Added 10-5-1998 by L.L. No. 9-1998]
This article shall be effective upon filing with the Secretary of State.