[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.
A. 
Purpose. The purpose of this chapter is to promote the public health, safety and welfare of the residents of the Town of West Seneca by providing for:
(1) 
The licensing and identification of dogs;
(2) 
The control and protection of the dog population;
(3) 
The protection of the persons, property, domestic animals and deer from dog attacks and damage; and
(4) 
The control of noise by dogs.
B. 
Applicability. This chapter shall apply to the entire Town of West Seneca.
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:
COMPETENT PERSON
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.
DOG
Any dog of either sex or any age.
IDENTIFICATION TAG
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.
IMPOUNDED
Having been received into custody of the town police or any other authorized agent or representative or employee of the town.
OWNER
Any person who harbors or keeps any dog or other animal.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant to this chapter.
RESIDENT
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.
I. 
In the event that more than three dogs are housed without a multiple dog housing license, the individual maintaining the dogs shall be noticed that they have 30 days to comply with Subsection A above.
J. 
A fee in the sum of $50 will be due annually for the multiple dog housing permit in Subsection B above.
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.