[HISTORY: Adopted by the Village Board of the Village of Webster as indicated in article histories. Amendments noted where applicable.]
Noise — See Ch. 85.
[Adopted 1-11-1996 by L.L. No. 1-1996]
The purpose of this article shall be to promote the health, safety and general welfare of the Village of Webster, including the protection and preservation of the property of the Village of Webster and its inhabitants and of the peace and good order by adopting and enforcing certain regulations and restrictions on privileges of the owners of dogs and the rights and privileges of the residents of the Village of Webster and by imposing restrictions upon the keeping and running at large of dogs within the Village of Webster.
As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- A dog off the premises of the owner.
- Both male and female dogs, except where the context requires otherwise.
- LEASHED OR RESTRAINED BY A LEASH
- The dog is equipped with a collar of sufficient strength to restrain the dog, to which collar is attached a leash of sufficient strength, not more than eight feet long, which leash shall be held by a person having the ability to control and restrain the dog by means of the collar and leash. A harness worn by a guide dog for the blind shall be considered a suitable leash hereunder.
- Includes any person who owns, keeps or harbors or has the care, custody or control of a dog. Dogs owned by minors shall be deemed to be in the custody of the minor's parents or other head of the household where the minor resides.
No person shall permit a dog owned by him to be at large within the Village of Webster unless restrained by a leash; provided, however, that dogs may be unleashed while off the owner's premises 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 dog, 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 guide dog for the blind may enter any such premises if leading or accompanying a blind person therein.
No person shall keep or suffer to be kept a dog 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.
No person who owns a dog shall permit or suffer such dog to damage or destroy property of any kind or to deposit waste on the private property of other persons.
No person shall keep, suffer 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.
No person who owns a dog shall permit the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary.
No person shall permit a female dog owned by him to be off such owner's premises, whether such dog is leashed or unleashed, while such female dog is in heat.
It shall be the duty of the designated Animal Control Officer or peace officer of the Town of Webster to enforce the provisions of this article as well as of the Agriculture and Markets Law of the State of New York, with respect to dogs in the Village of Webster.
Annual license fees in the Village of Webster shall be established by resolution of the Webster Town Board.
The designated Animal Control Officer or peace officer of the Town of Webster shall seize any dog which is found at large within the Village of Webster in violation of this article, as well as any dog or dogs otherwise required to be seized under and by virtue of the Agriculture and Markets Law of the State of New York.
Every dog seized shall be properly fed and cared for until disposition thereof is made by the Town as provided in Chapter 101, Dogs and Other Animals, of the Town of Webster Code. The redemption of a seized dog shall be in conformance with and pursuant to the provisions of the Agriculture and Markets Law of New York, both as to licensed and unlicensed dogs.
Any Town Justice of the Town of Webster shall have jurisdiction to hear all signed complaints filed as hereinafter provided and all actions and proceedings hereunder and of all prosecutions for the violation of this article. Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice shall summon the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the Town Justice say permit the filing of information and issue a warrant for the arrest of such person.
Any person who observes a dog causing damage or destruction to the property of a person other than its owner or violating any section of this article may file a signed complaint, under oath, with a Town Justice of the Town of Webster, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
A violation of this article shall be deemed an offense against this article and shall be punishable by either a fine not exceeding $150, removal of the dog from the Town of Webster, by imprisonment not exceeding 30 days, or such fine and imprisonment, plus reimbursement to the Town for the caring, feeding and housing of the dog commencing from arraignment to final disposition. Each separate offense shall constitute a separate additional violation. The provisions hereof are in addition to the regulations, restrictions, requirements and penalties contained in Article 7 of the Agriculture and Markets Law.
The invalidity of any such sentence, clause, paragraph or provision of this article shall not invalidate any other sentence, clause, paragraph or provision or part thereof.
This article shall take effect upon publication and posting as required by law.