[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:
Any person or persons, firm, association or corporation owning, harboring
or keeping a dog.
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.
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.Â
Shall prolongedly or persistently bark or howl for 1/2
hour or more; or
B.Â
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.Â
No dog shall be permitted or allowed to run at large
within the Village of Westfield.
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
The Dog Control Officer shall have all the powers provided
in § 114 of the Agriculture and Markets Law.
C.Â
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.
