[HISTORY: Adopted by the Village Board of the Village of
Webster as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
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:
A dog off the premises of the owner.
Both male and female dogs, except where the context requires
otherwise.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
No
person who owns a dog shall permit the premises, structures or enclosures
in which such dog is kept to be unclean or unsanitary.
G.
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.
A.
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.
B.
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.
