LL #05-2010Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 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.
County
City of Wappinger
Town
Village
Local Law No.
5
of the year 20 10
A local law entitled, "Local Law No. 5 of the Year 2010, Amending Chapter 122, Fees and Fines,
(Insert Title)
Article IV, § 122-16.0 and Article V, § 122-20.D relative to Chapter 68, Dog Control Law"
Be it enacted by the Town Board of the
(Name of LegislativeBody)
❑ County
❑ City of Wappinger
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
DOS -239 (Rev. 05/05)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
Page 1 of 3
LOCAL LAW NO.5 OF THE YEAR 2010
A Local Law entitled "Local Law No. 5 of the Year 2010, Amending Chapter 122, Fees and
Fines, Article IV, § 122-16.C. and Article V, § 122-20.D. relative to Chapter 68, Dog Control Law."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I• Title:
This Local Law shall be known and cited as Town of Wappinger "Local Law No. 5 of the
Year 2010, Amending Chapter 122, Fees and Fines, Article IV, § 122-16.0 and Article V, § 122-
20.D. relative to Chapter 68, Dog Control Law" and by the adoption hereof shall rescind in their
entirety the aforementioned sections and replace them with new sections to coincide with the recent
adoption of Chapter 68, Dog Control Law, as set forth herein.
Section II: Legislative Intent: Purpose:
The purpose of this Local Law is to amend those portions of Chapter 122 of the Code of the
Town of Wappinger entitled "Fees and Fines" to coincide with the recent adoption of a new Dog
Control Law enacted simultaneously herewith. Recent amendments to the New York State
Agriculture and Markets Law transferred the function of dog licensing from the state to local
governments and authorized the NYS Animal Population Control Program to be administered by a
not-for-profit entity selected by the Department consistent with New York's procurement laws. This
Local Law will establish the fees and fines related to the newly enacted Dog Control Law.
Section III: Amendments:
1. Those sections of the Town of Wappinger Code, Chapter 122, dealing with fees and
fines associated with the Dog Control Law, specifically Article IV, § 122-16.C. and Chapter 122,
Article V, § 122-20.D. and are replaced with a new Chapter 122, Article IV, § 122-16.C. and
Chapter 122, Article V, § 122-20.D., to read as follows:
Chapter 122. Fees and Fines, Article IV, § 122-16.C. shall read as follows:
"C. Chapter 68, Dog Control Law
(1) § 68-8, License Fees for Dogs:
(a) Town fee for a license for a spayed or neutered dog: $5.00 per license year;
(b) Town fee for a license for an unsprayed or unneutered dog: $13.00 per
license year;
(c) In the event the Town Board mandates a dog census, an additional fee of
$5.00 will be assessed to all dog owners whose dogs are found to be
unlicensed at the time the dog enumeration is conducted; this fee is in
addition to the license fees set forth above.
(2) § 68-12.B., Redemption Fees:
(a) For first occasion: $50.00;
(b) For second occasion: $100.00;
(c) For third and subsequent occasion(s): $200.00;
(d) In addition to the above redemption fees, the redeeming party shall also pay
all costs incurred for kenneling, impoundment and veterinary care including
such items as required shots.
(3) § 68-14.A., Adoption: $50.00."
2. An additional portion of the Town of Wappinger Code, Chapter 122, Article V, §
122-20 is hereby rescinded in its entirety and is replaced with a new Chapter 122, Article V, § 122-
20.D. to read as follows:
"Chapter 122. Fees and Fines, Article V, § 122-20.D., Chapter 68, Dog Control Law
(1) § 68-12.A., Fine:
(a) Minimum: $50.
(b) Maximum: $250.
(2) § 68-12.B., Civil Penalty:
(a) First offense:
2
[ 1 ]
Minimum:
$100.
[2]
Maximum:
$300.
(b) Second and subsequent offenses:
[ 1 ]
Minimum:
$200.
[2]
Maximum:
$600.
Section IV: Reconfirmation and Ratification:
Except as herein modified, the remaining sections of Chapter 122 entitled "Fees and
Fines" are hereby reconfirmed and ratified.
Section V: Numbering for Codification:
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of
this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-
sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the
Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any
such rearranging of the numbering and editing shall not effect the validity of this Local Law or the
provisions of the Code effected thereby.
Section VI: Separability:
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 of the Town Board of the Town of Wappinger that this Local Law
3
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.
Section VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
��
W
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 10 of
the ( M) )(Town)(YIIJ W of WAPPINGER was duly passed by the
Town Board on November 18, 20 10 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
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)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 -and was (approvedK not approved)
(Elective Chief Executive Officer*)
on 20
Such local law was submitted 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 (general) (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 filed requesting 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)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to 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.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby 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 cities 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 indicated in
paragraph 1 above.
Cler f the county legislative body, City, Town or Village Clerk or
office esignated by local legislative body
(Seal)
Date: W L1 -'t o
(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.
r
Signature
Albert P. Roberts - Town Attorney
Title
um
Wof
Town
Wappinger
Date:
DOS -239 (Rev. 05/05) Page 3 of 3