1976-10-28 PHA Public Hearing was held by the Town Board of the Town of Wappinger
on October 28, 1976 at 8:00 P.M. at the Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York, on a proposed local
law relating to the control, confining and leashing of dogs.
Supervisor Diehl opened the Hearing at 8:06 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized by Albert Osten of the
W&SD News. (Affidavits are attached hereto and made a part thereof
of the minutes of this hearing).
The public in attendance and the Town Board members were familiar
with the contents of the proposed Local Law, therefore the reading
of this law was waived.
Mr. Clausen explained there was a big difference in the present
ordinance and the proposed Local Law.
Mr. Guarino, Dog Warden, spoke in reference to Section 8, Paragraph
d1, thought this very good, something they do not have at present.
The Dog Warden has no authority now.
Steve Barrotta, Quiet Acres was present, he said, because of what
has been happening in his neighborhood. One dog caused a two car
crash on New Hackensack Road, now he is more confined than before.
Other people in the neighborhood have a large dog who attached three
men. They were nice guys and did not wantlto press charges. Dogs
are running at Ketcham High School - large dogs you just can't walk
up to, in the cafeteria, all over. You can't put garbage cans out,
it's getting to be a nuisance, but when people's lives and physical
86 9,6
well being is involved, that's a different set of circumstances,
so he's in favor of a leash law or whatever restrictions they have.
Richard Kallman, Roberts Road, lives next door to a family with 35
to 50 dogs. He had been to Mr. Wells, Dog Warden, complaining many
times - noise late in evenings, dogs running loose late or early
in the morning. Within the last 45 days he called the people and
told them it was very annoying having about 20 dogs coming down to
his property at 5:30 in the morning and waking him up, bothering
his cat. One of their german shepherds physically attached his
six year old daughter on his own property. He's bitten quite a
feq people - the owners said they were sorry and both them and
Mr. Wells said it would be taken care of. To this day the german
shepherd is still allowed to run loose and is still attacking people.
He does not want to have a dog locked up or put away but when there's
10 to 20 dogs at your house at midnight, then again at 5:30 AM, it
does not make for good living conditions. He has talked to Judge
Bulger and feels Mr. Wells is tired of hearing him, but he hopes
this ordinance will allow him to press charges. The excuse the
neighbors gave him was that they go to work at 7AM and there is no
other way to take care of all the dogs unless they let them run at
this hour. He had hoped the people would be here.
Mr. Wells said this law would not be any different unless they could
get the judges and others to stand behind them. They always had the
right to bring people to court. They did bring them to court but
they never got fined, the judge would tell them what to do, and
what not to do, but the same thing would happen in a couple of
weeks. It has to be enforced or it's no good.
Mr. Jensen felt that this law had more strength and enforcement
powers.
Mr. Versace asked Mr. Kallman if the 35 to 50 dogs he referred to
were in a pen, or in the house 24 hours a day. He was told they
were not confined that long, they ran loose at the hours he said.
L
3(29c
More discussion followed on problems of the "non -conforming" kennel
on Roberts Road and various solutions that would help. They dis-
bussed the procedure the Dog Wardens followed and the difference
with the new law. The complainant does not have to appear in court -
the judge would take the word of the Dog Warden, if he saw the action.
The penalties to be imposed on first, second and third offense could
make a difference with persistent offenders.
No one else spoke.
The Hearing closed at 8:42 P.M.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF
PROPOSED LOCAL LAW NO. 3, 1976
ENTITLED LOCAL LAW RELATING' TO
THE CONTROL, CONFINING AND
LEASHING OF DOGS.
1
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
POSTING
a`
ELAINE H. SNOWDEN, being duly sworn, deposes and says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on October 20, 1976, your deponent posted a copy
of the attached notice of Public Hearing on a proposed Local
Law Relating to the Control, Confining and Leashing and
Dogs, on the signboard maintained by your deponent in her
office in the Town Hall of the Town of Wappinger, Mill
Street, in the Village of Wappingers Falls, Town of Wappinger,
Dutchess County, New York.
Sworn to before me this 24;
1976.
L A(
h•tary Public
DONALD G. DUCK
Notary FuLne of Hsrr Y9114 State
Rexdu 3 Cuteness Count)
Commission ecyires March 30, 107'
LLD kastiell.ic()Oti.
•
Elaine H. Snowden
Town Clerk
Town of Wappinger
W. and S. P.
NEWS
DISPLAY ADVERTISING
20 EAST MAIN STREET - WAPPINGERS FALLS
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AFFIDAVIT OF PUBLICATION
State of New Yak.
County of Dutchess.
Town of Wappinger.
Beatrice Osten
of the
Town of Wappinger. Dutchets County. New York.
being duly swan, says that he is. rind sit the several
times hereinafter was. thego: Ed itSIZ P.141:04 bAlf
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappinger,
Dutchess County. New York, and that the annexed
NOTICE wu duly published in the said newspaper for
one week successively once in each week.
commencing on the.... 2 t. day of...QC tobex ... a
1974 and on the following dates thereafter. namely on
and ending on the
2lstdoy of
1976. both days inclusive.
Oc
Subscribed and swan to before me
ibis....7rMt day of ftstphqr.19a
Notary Public
My commission expires
ALBERT M. OSTEN
NOTARY PUBLIC, SATE OF 1IEW YORK
QUALIFIEI IN C'L'C;iESS COUNTY
414-8240760 p
COMMISSION EXPIRES. MARCH 30, 186