LL #04-200141 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Cuui
LWof W42pin&e_K ------------------------------------------------------------------------
Town
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Local Law No. -----------#4 --------------------- of the year 20.01_-
Alocal law --- entitled " REMOVAL OF CANINE FECES/ WASTE BY DOG OWNERS OR PERSONS
---------------------- -
!/nsen r;r,e,
IN CONTROL OF DOGS" -----------------
-------------------------------------------------------------------------------------------
Be it enacted by the -------- WN_ BOARD----------------------------------------------------------------- of the
(N.., ofL<galwrry Body)
at'
M of ------------ Wappinger--------------------------------------------------------------- as follows:
Town
UW
TEXT COMMENCES ON THE NEXT PAGE
4
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS -239 (Rev. 11/99)
LOCAL LAW 464 OF THE YEAR 2001
TOWN OF WAPPINGER
A Local Law entitled "Removal of Canine Feces/ Waste By Dog Owners or
Persons in Control of Dogs."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Schon 1: Iitle:
This Local Law shall be known and cited as Town of Wappinger Local Law No.
#4 of 2001, entitled "Removal of Canine Feces/ Waste By Dog Owners or Persons
in Control of Dogs" and by the adoption hereof shall create and add Chapter 69 to the
Code of the Town of Wappinger.
The Town hereby adopts a new Chapter 69 to the Code of the Town of Wappinger
to read as follows:
"Chapter 69
Removal of Canine Feces/ Waste by Dog Owners or Persons in Control of Dogs
69.1 Legislative Intent, Purpose and Findings.
a. The Town Board finds that the uncontrolled production, discharge or
depositing of canine feces/ waste is unsightly, unsanitary and imposes
a threat to the health, safety and welfare of the residents of the Town
of Wappinger. The Town Board has determined that it will serve the
public interest by prohibiting the production, discharge or depositing of
canine feces/waste on public or private property, except on the
' property of the owner or the person in charge of the dog as hereinafter
set forth.
to
b. The purpose of this Local Law is to prohibit canine defecation on
public property or on private property, unless consent has been so
given by the private property owner.
o:\WAPPINGE\Town Board\Locallaw\Pooper\Law-2001.doc
69.2 Prohibition. It shall be unlawful for the owner of any dog or any person
in possession, custody, control or in charge of any dog to allow such dog
to defecate or urinate on public property or on any private property without
the permission of the owner of said property. The prohibition set forth in
this section shall not apply to the paved portion of any public street or
highway lying between the curb lines or shoulders of said street or
highway which may be used by a dog owner or person in possession,
custody, control or in charge of any dog to allow the dog to defecate on
the paced portion of the road bed provided that:
a. The person who allows such dog to defecate on a public
street or highway must immediately remove such canine
feces/ waste by placing same in a plastic bag or other
proper receptacle and properly disposing same in a
container for the disposal of refuse; and
b. Canine feces/ waste shall never be disposed in sewers or
storm drains under any circumstances.
69.3 Removal of Feces/ Waste. In the event any dog defecates on any
public property or private property without permission of the owner,
it shall be the duty of such dog owner or person in possession,
custody, control or in charge of such dog, upon being notified that
said dog has defecated or deposited canine feces/ waste on such
public or private property, to immediately remove such canine
feces/ waste by depositing same in a plastic bag or other proper
receptacle and properly disposing same in a container for the
disposal of refuse.
69.4 Exception. The provisions of this Local Law shall not apply to a
guide dog, hearing dog or service dog accompanying any person
with a disability, as defined in §292, subd. 21 of the New York State
Fxect hive Law.
69.5 Enforcement. The Local Law will be enforced by the Animal
Control Officer, Zoning Administrator or any police agency having
jurisdiction within the Town of Wappinger.
O:\WAPPINGMTown Board\Locallaw\Pooper\Law-2001.doc
Revised 5/29/01
69.6 Fines.
a. A conviction of a violation of this Local Law shall
constitute a violation punishable by a fine or civil penalty of
not more than Twenty -Five Dollars ($25) for the first
offense;
b. a conviction for a second offense shall be punishable by a
fine or civil penalty of not more than Fifty Dollars ($50);
and
c. a conviction for a third and subsequent offenses shall be
punishable by a fine or civil penalty of not more than One -
Hundred Dollars ($100)."
The provisions of this Local Law are separable and if any provision, clause,
sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity or
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of this Local Law or their
application to other persons or circumstances. It is hereby declared to be the legislative
intent that this Local Law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been
included therein, and if such person or circumstance to which the Local Law or part_
thereof is held inapplicable, had been specifically exempt therefrom.
Se .tion IV_- Fffective Date.
This Local Law shall become effective immediately upon filing with the Secretary
of State as provided by law.
O:\WAPPINGE\Town Board\Locallaw\Pooper\Law-2001.doc
(Complete the certification in the paragraph that applies to the fling of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------- I4-------------------- of 20.01__
of the ���il(Town)(X� of ---- ISA.EP_II�IG1R---------------------------------------------- was duly passed by the
---______TQWN _BOARD----------------------- on _Juua_25._____ 20 01, in accordance with the applicable provisions of law.
(Name of Legulative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of------------------------------------------------------------- was duly passed by the
_______________________________________________ on ------------------ 20 --- , and was (approved)(not approved) (re passed after
(Name ofLegislative Body)
disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20------
of the (County)(City)(Town)(Village) of--------------------------------------------------------------- was duly passed by the
___________________________________________________ on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Bodv)
disapproval) by the ------------------------------------------------- on------------------- 20---- . Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (genera l)(special)(annual) election held on ------------------ 20---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was fled requesting
referendum.)
1 hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
___________________________________________________ on ------------------ 20____ , and was (approved)(not a pp roved)(repassed after
(Name of Legislative Body) 4
disapproval) by the -------------------------------------------------- on ------------------ 20 --- • Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20---- , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or�veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hercby.certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the County of ---------------------------------------------------- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding.local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ------1-----, above. I —Z/V
Merk of the County legis) a dy, Cit}v own or Village Clerk
or officer designated by I ca egislative y
GLORIA MO E, own Cle
(Sea!) Date: 2001
L
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature -
ALBERT P. ROBERTS
Attorney to Town
Title
O&MYr
of Wappinger
Town
Date:
(3)