Dog Control Services-Village of Wappingers
Inter-Municipal Agreement ...'or Dog Control Services
Town of Wappinger with Village of Wappingers Falls
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TIllS AGREEMENT, made the J2 day of January, 1997, between
The Town of Wappinger,
a municipal corporation of the State of New York,
with an office and
principal place of business located at
20 Middlebush Road, Town of Wappinger,
Dutchess County, New York,
hereinafter referred to as the "TOWN"
and
The Village of Wappingers Falls,
a municipal corporation of the State of New York,
with an office and
principal place of business located at
#,sD'f/t1HUg Str<<t, Village of Wappingers Falls,
Dutchess County, New York,
hereinafter referred to as the "VILLAGE".
RECITALS:
WHEREAS, the TOWN has duly appointed a Dog Control Officer, pursuant to Section
114 of the Agriculture and Markets Law and also pursuant to the "Dog Control Law of the
Town of Wappinger," adopted as Local Law #3 of the year 1980; and
WHEREAS, Section 114, subd. 2 of the Agriculture and Markets Law also provides for
any Village to contract for Dog Control Officer services with any other municipality or to jointly
appoint with another municipality one or more Dog Control Officers having jurisdiction in each
of the cooperating municipalities; and
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WHEREAS, the VILLAGE is located partly within the Town of Poughkeepsie and partly
in the Town of Wappinger; and
WHEREAS, the VILLAGE had previously adopted the "Village Dog Ordinance,"
adopted as Local Law #_ of the year of the Village of Wappingers Falls; and
WHEREAS, the VILLAGE Dog Ordinance has incorporated all of the provisions of the
Agriculture and Markets Law; and
WHEREAS, the VILLAGE Dog Ordinance provides that it will be enforced partly by
the VILLAGE Police Department and partly by the VILLAGE Dog Warden; and
WHEREAS, the VILLAGE is desirous of utilizing the services of the TOWN's "Dog
Control Officer" and to appoint the TOWN's Dog Control Officer as the "VILLAGE Dog
Warden" to enforce the VILLAGE's Dog Ordinance within the portion of the VILLAGE that
is also located within the TOWN; and
WHEREAS, this Agreement is also authorized by Article 5G of the General Municipal
Law of the State of New York, which permits municipalities to contractually cooperate to
provide for common services.
W I T N E S S E T H:
NOW, THEREFORE, in consideration of One ($1.00) Dollar (actual consideration),
receipt of which is hereby acknowledged, and in further consideration of the promises
herein, the TOWN and VILLAGE agree as follows:
1. INCORPORATION.
All the recitals set forth of above are hereby incorporated and made part of this
Agreement as if fully set forth at length herein.
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2. TERM.
The term of this Agreement shall commence immediately and shall continue until
December 31, 1997. Commencing January 1, 1998, and thereafter, this Agreement may be
renewed for periods not to exceed two (2) years each, by the adoption of appropriate Resolutions
of the TOWN Board and VILLAGE Board.
3. DOG CONTROL OFFICER.
a. The TOWN represents that it has duly adopted the Dog Control Law of
the TOWN of Wappinger pursuant to Article 7 of the Agriculture and
Markets Law and has also appointed a Dog Control Officer pursuant to
said Dog Control Law of the TOWN.
b. The VILLAGE represents that is has duly adopted the VILLAGE Dog
Ordinance pursuant to the Agriculture and Markets Law and said
VILLAGE Dog Ordinance authorizes the position of "VILLAGE Dog
Warden" with the same powers and duties of a Dog Control Officer as
enumerated in Section 114 of the Agriculture and Markets Law.
c. For the purposes of this Agreement, the term "Dog Control Officer" shall
mean the Dog Control Officer duly appointed by the TOWN from time to
time hereafter, pursuant to the afore mentioned authority. The term
"VILLAGE Dog Warden" shall be deemed to mean the position of Dog
Warden authorized pursuant to the VILLAGE Dog Ordinance.
d. The TOWN hereby authorizes and permits the TOWN's Dog Control
Officer to simultaneously act as the Village Dog Warden, pursuant to the
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authority authorized by Article 7 of the Agriculture and Markets Law, for
all purposes required by the VILLAGE Dog Ordinance.
e. The VILLAGE hereby agrees to appoint the TOWN's Dog Control
Officer as a VILLAGE Dog Warden, with all of the powers authorized by
Article 7 of the Agriculture and Markets Law in the enforcement and
prosecution of the provisions of the Agriculture and Markets Law or the
provisions of the VILLAGE Dog Ordinance.
f. The Dog Control Officer, when acting as the VILLAGE Dog Warden
shall have jurisdiction only within that portion of the VILLAGE that is
located within the jurisdictional boundaries of the TOWN.
4. ENFORCEMENT OF AGRICULTURE AND MARKETS LAW.
The Dog Control Officer shall enforce the provisions of Article 7 of the
Agriculture and Markets Law in the TOWN of Wappinger, and within the portion of the
VILLAGE of Wappingers Falls that is located within the jurisdictional boundary of the TOWN
of Wappinger. All costs and expenses of enforcing the Agriculture and Markets Law within the
TOWN and within the portion of the VILLAGE located within the TOWN shall be a TOWN
charge.
5. ENFORCEMENT OF VILLAGE DOG ORDINANCE.
The TOWN Dog Control Officer shall be deemed a VILLAGE Dog Warden
whenever it is necessary to enforce the provisions of the VILLAGE Dog Ordinance, which are
separate and/or exclusive of Article 7 of the Agriculture and Markets Law. When acting in such
capacity, the VILLAGE Dog Warden shall enforce the VILLAGE Dog Ordinance in the
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VILLAGE of Wappingers Justice Court; any costs incurred in enforcing the VILLAGE Dog
Ordinance (exclusive of the provisions of Article 7 of the Agriculture and Markets Law) shall
be deemed a charge against the VILLAGE; any fines paid by a dog owner for violations of the
VILLAGE Dog Ordinance shall be paid to the VILLAGE. The TOWN shall also permit the
Dog Control Officer, when acting as VILLAGE Dog Warden, to utilize the TOWN owned Dog
Control Officer vehicle for transporting any animals requiring transport when enforcing the
VILLAGE Dog Ordinance.
4. COMPENSATION.
The compensation to be paid by the VILLAGE to the TOWN for the shared
services of a Dog Control Officer shall be the sum of One ($1.00) Dollar per annum, receipt
of which is hereby waived.
The TOWN shall otherwise pay the salary of the Dog Control Officer with no
contribution thereof by the VILLAGE.
5. EMPWYMENT RELATIONSHIP.
Whenever the Dog Control Officer acts as VILLAGE Dog Warden and exercises
the powers authorized pursuant to this Agreement within the jurisdictional boundaries of the
VILLAGE, the Dog Control Officer, acting as VILLAGE Dog Warden, shall be deemed an
officer, agent and/or employee of the VILLAGE. The VILLAGE shall identify the Dog Control
Officer as its employee in all of its General Liability Insurance policies for purposes of
coverage.
6. .JURISDICTION.
The authority of the Dog Control Officer to act pursuant to the powers of Article
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7 of the Agriculture and Markets Law, or as VILLAGE Dog Warden pursuant to the VILLAGE
Dog Ordinance, shall be limited to the portion of the VILLAGE located within the jurisdictional
boundaries of the TOWN.
7. TERMINATION.
This Agreement may be terminated by either the VILLAGE or TOWN as follows:
a. By the VILLAGE - at any time, by Resolution of the Village Board
and upon one week's notice to the TOWN; and
b. By the TOWN - at any time by Resolution of the TOWN Board and
upon sixty (60) days notice to the VILLAGE.
8. NOTICES.
All Notices, Demands or other communications provided for by this Agreement
shall be in writing and shall be deemed to have been given when mailed at any general or branch
of the United States Post Office, enclosed in a certified post-paid envelope, return receipt
requested and addressed to the address of the respective Party stated below or to such changed
address that the Party might have fixed by Notice:
Town of Wappinger
20 Middlebush Road
Post Office Box 324
Wappingers Falls, New York 12590
Village of Wappingers Falls
.7 Sp141fg 5trtet :<';;'~rN /Iv
Wappingers Falls, New York 125Zr1tfo
Any Notice of Change of Address shall only be effective when received.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, any written Notice, Demand or
other communication may be served on the Clerk of the TOWN or Clerk of the VILLAGE at
the above referenced address.
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8. APPLICABLE LAW.
This Agreement is authorized pursuant to Article 5G of the General Municipal
Law of the State of New York, and this Agreement shall be governed by the Law of the State
of New York.
9. ENABLING RESOLUTION.
The Supervisor of the TOWN of Wappinger was duly
a.
TOWN:
authorized to execute this Agreement pursuant to Resolution duly adopted
by the TOWN Board on the c~ 7 T!:J day of "'\af\()aru\ ' 1997.
b. VILLAGE: The Mayor of the VILLAGE ofWappingersFalls was duly
authorized to execute this Agreement pursuant to Resolution duly adopted
by the VILLAGE Board on the 8th
day of January
1997.
TOWN OF WAPPINGER
By:
~({).~
Constance O. Smith, Supervisor
VILLAGE OF W APPINGERS FALLS
By:
AUTHORIZED BY TOWN BOARD
ON ~I ~ 7 I q '7
, ~
COMMENTS
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STATE OF NEW YORK )
) SS:
COUNTY OF DUTCHESS )
(1t ,
On this~ day of Ja1lM.IH" , 1997, Constance O. Smith, before me came to me known who
being by me duly sworn, did depose and say that she resides in Wappingers Falls, New York,
that she is Supervisor of the Town of Wappinger, the municipality described in and which
executed the foregoing instrument, and that by order of the Town Board she signed her name
thereto.
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NOTARY PUBLIC
ELAINE H. SNOWDEN
NOfARY PUBuc, STATB OF NEW YORK
NO. 14-3753190
QUALIFIED IN DUTCHESS COVNTY h ( )
MY COMMISSION EXPIRES JAN. 2L ' 19 'Li..
STATE OF NEW YORK )
) SS:
COUNTY OF DUTCHESS )
On this 8th day of Jan. , 1997, Edwin E. Hinzmann, before me came to me known who
being by me duly sworn, did depose and say that he resides in Wappingers Falls, New York,
that he is Mayor of the Village of Wappingers Falls, the municipality described in and which
executed the foregoing instrument, and that by order of the Village Board he signed his name
thereto.
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NOTARY P LIC --:~
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IDIARY PUBLIC, State of N_1It
No: 30 - 4652214
(lualified in Dutchess CounfI
Commiss~n Uilires Au&. 31 J9:z;l