The purpose of this chapter shall be to promote the health, safety, morals, and general welfare of the Town of Webster, including the protection and preservation of the property of the Town and its inhabitants and of the peace and good order by adopting and enforcing certain regulations and restrictions on the privileges of the owners of dogs and domestic animals and the rights and privileges of the residents of the Town of Webster and imposing restrictions upon the keeping and running at large of dogs or domestic animals within the Town of Webster.
The purpose of this chapter is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage.
The Town Board of the Town of Webster accepts, for the purposes of this chapter, the applicability of Article 7 of the New York State Agriculture and Markets Law, specifically §§ 108 and 123 thereof, as to "dangerous dog(s)."
[Added 5-16-2013 by L.L. No. 1-2013]
As used in this chapter, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- Any individual appointed by a municipality to assist in the enforcement of this chapter.
- AT LARGE
- Any dog or domestic animal that 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.
- C. Accompanied by its owner or other responsible person and actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.
- DANGEROUS DOG
- Any dog that acts or places any person in fear of immediate bodily harm.
- DOG or DOMESTIC ANIMAL
- As defined in the Agriculture and Markets Law of the State of New York, Article 7, § 108, "domestic animal" means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the Department of Environmental Conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this chapter except where the context requires otherwise.
- LEASHED or RESTRAINED BY LEASH
- All dogs must be equipped with a collar of sufficient strength to restrain the dog, to which is attached a leash of sufficient strength. Said leash shall be held by a person having the ability to control and restrain the dog by means of the collar or harness and leash. Said leash shall not be more than eight feet long. A harness worn by a guide dog for the blind shall be considered a suitable leash hereunder.
- LICENSE TAG
- The object issued by the Town of Webster and bearing the number of the license issued to the owner. Said tag will reference the name of the municipality and contact information.
- Includes any person who owns, keeps, harbors or has the care, custody or control of a dog or domestic animal. Dogs and domestic animals owned by minors shall be deemed to be in the custody and control of the minor's parents, guardian or other head of the household where the minor resides.
No person shall permit a dog or domestic animal owned by him to be at large within the Town of Webster unless restrained by a leash or lead; provided, however, that dogs may be unleashed while controlled or contained on the owner's premises or when on the private premises of another with the knowledge, consent and approval of such person or when hunting in the company of and under the control of a hunter or hunters upon the property of another with the knowledge, consent and approval of the property owner.
No animal, whether leashed or unleashed, shall be in any restaurant, grocery or commercial establishment which sells food for human consumption, or in any cemetery, except that a service dog for the disabled may enter any such premises if leading or accompanying a disabled person therein.
No person shall keep or permit to be kept an animal which has attacked any person peaceably conducting himself in any place where such a person may lawfully be, or which has attacked, chased or worried or killed any domestic animal, as defined in § 108 of the Agriculture and Markets Law of the State of New York, or any dog or cat, while such animal is in any place where it may lawfully be.
[Amended 5-16-2013 by L.L. No. 1-2013]
No person who owns a dog or domestic animal shall permit or suffer such animal to damage or destroy property of any kind.
Upon the deposit of waste by a dog or other domestic animal on the property of another person, the owner of such dog or animal shall remove the waste, and make proper disposal thereof.
No person shall keep or permit to be kept on the premises occupied by such person any dog which by its continual barking, howling or whining or other frequent or long continued noises shall unreasonably disturb the comfort or repose of other persons.
[Amended 5-16-2013 by L.L. No. 1-2013]
No person who owns a dog or domestic animal shall permit the premises, structures or enclosures in which such animal is kept to be unclean or unsanitary.
No owner of a female dog shall permit such dog to be off the owner's premises, whether such dog is leashed or unleashed, while such female dog is in estrus.
The Town Board shall appoint Animal Control Officer(s) as needed pursuant to the appropriate statutes of the State of New York. It shall be the duty of any designated Animal Control Officer or peace officer within the Town of Webster to enforce the provisions of this chapter as well as the New York State Agriculture and Markets Law and Title 4 of New York State Health Law.