[HISTORY: Adopted by the Town Board of the
Town of West Seneca 6-23-1958; amended in its entirety 12-20-2010 by L.L. No. 3-2010. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Trespassing — See Ch. 112.
For the purpose of this chapter, the following words and phrases
are defined and shall be construed as hereinafter set out unless it
shall be apparent from the context that a different meaning is intended:
A person of sufficient age and physical strength to be able
to restrain the dog within his or her control in the event that said
dog attempts to escape or attack another dog or person.
Any dog of either sex or any age.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Having been received into custody of the town police or any
other authorized agent or representative or employee of the town.
Any person who harbors or keeps any dog or other animal.
The person in whose name a dog was last licensed pursuant
to this chapter.
An individual who maintains a residence within the Town of
West Seneca.
No dog shall be permitted at any time to be on any street or
in any public park or public place or public building or upon any
unfenced lot or area, be it the premises of the owner or another,
in the Town of West Seneca unless effectively muzzled or restrained
by a hand chain or hand leash not exceeding eight feet in length and
in the charge and under the control of a competent person or on a
chain or leash or wire of any length; provided, however, that said
dog on said chain, leash or wire cannot leave the property of the
owner, it being the intention that the dog may run freely upon the
owner's property, controlled either by a fence or chain, leash or
wire.
A.
No
person owning, harboring, keeping, walking or in charge of any dog
shall cause or allow such dog to soil, defile, defecate on or commit
any nuisance on any sidewalk, gutter, street, play area, park or other
public area or on any private property without the permission of the
owner of such property.
(1)
Feces shall be picked up with a scoop, shovel, broom, tong, plastic
bag or similar implement and shall be placed directly in an airtight
container, plastic or otherwise, and then deposited in a container
used for the disposal of refuse.
(2)
In no event shall any feces be deposited in any storm sewer or drainage
ditch.
B.
Exclusion.
The provisions of this section shall not apply to a guide dog, hearing
dog or service dog accompanying any person with a disability.
C.
Enforcement.
The provisions of this section shall be enforced by members of the
Police Department, Highway Department, or any other town agent or
employee hereafter designated by the Town Board for that purpose.
Any dog found running loose or at large, contrary to the provisions of § 62-3 of this chapter, within the limits of the Town of West Seneca, shall be subject to seizure by any police officer, Highway Department employees, or any other Town authority or employee designated for the purpose of seizing and impounding such dogs.
A.
Redemption period; costs of seizure.
(1)
Each unidentified dog, licensed or not, must be held for a period
of three days from the date of seizure. Each identified dog where
notification to the owner has been provided personally must be held
for a period of three days from the date of the seizure. A day is
defined as a twenty-four-hour period from 12:00 midnight to 12:00
midnight. The tedemption period starts after 12:00 midnight following
the day of seizure. If the shelter is closed on the last day of the
redemption period, the redemption period is extended one more day
to give the owner the opportunity to redeem his or her dog. The owner
of a dog seized not bearing a license tag may redeem the dog by producing
to the person seizing the dog a license for the dog and by paying
to the Town Clerk of the Town of West Seneca fees as may be established
by the Town Board of the Town of West Seneca.
[Amended 10-22-2018 by L.L. No. 4-2018]
(2)
The owner shall pay additional fees as may be established by the
Town Board of the Town of West Seneca for each day after 24 hours
of seizing and impounding for the keeping, feeding and caring for
such dog while in custody.
B.
If said dog so seized bears a license tag, the officer or person designated above in § 62-4 shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or a member of his or her family at least 18 years of age with a notice, in writing, stating that the dog has been seized and will be destroyed unless redeemed within the period hereinafter provided.
C.
The owner of a dog seized bearing a license tag may redeem the dog
within 12 days by paying to the Town Clerk of the Town of West Seneca
the sums as may be established by the Town Board of the Town of West
Seneca.
If any dog so impounded is not redeemed as provided in this
chapter, the Police Department, keeper of said dog, Society for the
Prevention of Cruelty to Animals, or Town employee designated for
the purpose of seizing such dog may order the destruction of such
animal, provided that if said dog is not claimed or redeemed by its
lawful owner or his duly authorized agent, then the keeper may deliver
said dog to a responsible or proper person upon the payment of the
impounding fee and four days' keep and the production of a license
for the said dog.
The pound of the Town shall be kept open to the public for the
transaction of business from 8:00 a.m. until 3:00 p.m. on all days
other than Saturdays, Sundays and legal holidays, or any additional
hours designated by resolution of the Town Board.
The keeper of the dog or other person in charge of such pound
shall keep a record of each animal impounded, a description of the
animal, the date of receipt of such animal and the date and manner
of its disposal and, if redeemed, the name of the person by whom redeemed,
the address of such person and the amounts of all fees received or
collected for or because of the impounding, together with the number
of tags and the number of and date of any license exhibited upon the
redemption of such animal.
[Amended 11-1-2021 by L.L. No. 7-2021]
A.
No household shall keep more than three dogs, four months of age
or older, on any residence in the Town of West Seneca.
B.
Exemptions. The Town Clerk shall not issue any dog licenses in any
instance where more than three dogs, four months of age or older,
will be kept on any residence unless a multiple dog housing license
is secured, which is subject to the following conditions:
(1)
Any premises with more than three dogs must secure a multiple dog
housing license. The Town Clerk shall issue a multiple dog housing
license after the Dog Control Officer performs an inspection of the
premises. The West Seneca Dog Control Officer shall apply the following
criteria for issuance of a multiple dog housing license:
(a)
Capacity of the owners to provide sufficient food and water
for the dogs;
(b)
Capacity of the owners to limit barking by the dogs;
(c)
Sufficient housing for the dogs that does not subject the dogs
to extreme temperatures;
(d)
Capacity of the owners to maintain the dogs in a clean manner;
and
(e)
Capacity of the owners to provide necessary veterinary care
for the dogs.
(f)
The dogs are the owner's pets and are not for sale or in
any way use for any business.
C.
In the event the number of dogs at a premises increases, additional
licenses shall be required.
D.
All dogs within the Town of West Seneca shall be licensed by the Town Clerk's Office. The owner of each dog required to be licensed shall obtain a dog license from the Town Clerk's Office and pay any license fee, applicable license surcharge and any such additional fee as may be established by the Town Board of the Town of West Seneca. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, in which case vaccination shall not be required. Each license shall be valid for a period of one year and shall not be transferred. The Town Clerk shall not issue any dog license to an owner who is not in compliance with Subsection A or B above.
E.
Exemptions. Exempted from payment of the license fee are any guide,
hearing, service, war, working search, detection, police and therapy
dogs. The person owning, possessing or harboring such a dog bears
the burden of demonstrating to the satisfaction of the Town Clerk
that the dog is such a service dog and exempt from licensing.
F.
License fees and surcharges:
(1)
License fees and surcharges under this chapter shall be prescribed
from time to time by the Town Board of the Town of West Seneca by
resolution.
(2)
In the event that an owner of a dog which is licensed by another
municipality in New York State moves into the Town of West Seneca,
he/she must obtain an identification tag from the Town Clerk's
Office. In such instance, there will be no additional fee owing to
the Town of West Seneca until such time as the license from the other
municipality expires.
G.
The Dog Control Officer can revoke a license, after granting the
license, in the event the owner does not comply with the criteria
set forth in this chapter. The license holder shall be notified in
writing of the criteria with which the owner has failed to comply.
The license owner shall be provided 60 days to correct the failure
to comply. In the event that the owner fails to make said corrections,
the license may be revoked.
H.
Identification of dogs. Each dog licensed by the Town of West Seneca
shall be assigned, at the time the dog is first licensed, a municipal
identification number. Such identification number shall be carried
by the dog or an identification tag which shall be affixed to a collar
on the dog at all times.
The owner or duly authorized agent of a dog who requests that
the Town of West Seneca pick up and dispose of such dog, whether dead
or alive, shall pay any such fee as may be established by the Town
Board of the Town of West Seneca.
A.
Any person
or persons, association or corporation committing an offense against
this chapter or any section or provision thereof is guilty of a violation
punishable by a fine not less than $25 and not exceeding $250 or by
imprisonment for a period not exceeding 15 days for each such offense,
or by both such fine and imprisonment. For a second or subsequent
offense committed within one year of the first offense, there shall
be a minimum fine of not less than $50 and not exceeding $250. Said
fine or period of imprisonment shall be in addition to any redemption
fees herein provided.
B.
If any clause, sentence, paragraph, subdivision, section, or other
part of this chapter shall for any reason be adjudged by any court
of competent jurisdiction to be unconstitutional or otherwise invalid,
such judgment shall not affect, impair or invalidate the remainder
of this chapter, and it shall be construed to have been the legislative
intent to enact this chapter without such unconstitutional or invalid
parts therein.
