02
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CORBALLY, GARTLAND AND RAPPLEYEA
~. aM C!fm.tl~rg at "!laht
CHARLES J. CORBALLY (1966)
JOHN J. GARTLAND, JR.
ALLAN E.RAPPLEYEA
DANIEL F. CURTIN-
FRED W. SCHAEFFER
JON HOLDEN ADAMS
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAUL O. SULLIVAN-
BARDAVON BUILDING
35 MARKET STREET
FLORIDA OFFICE:
309 BELLEVIEW BOULEVARD
BELLEAIR, FLORIDA 33516
813-461-3144
POUGHKEEPSIE, NEW YORK 12601
914-454-1110
STEPHEN G. WATTS, OF COUNSEL"-
..MEMBER OF FLORIDA BAR ONLY
MILTON M. HAVEN
JOSEPH F. HAWKINS.
COUNSEL
BRANCH OFFICE:
BANK OF MILLBROOK BUILDING
FRANKLIN AVENUE
MILLBROOK, NEW YORK 12545
914 -677-5539
.MEMBER N. Y. AND FLORIDA BAR
September 9, 1983
Town Board
Town of Wappinger
P. O. Box 324
Wappinger Falls, NY 12590-0324
RECEIVED
SEP 12119831
ELAINE H. SNOWDEN
Re: Enforcement of Local Laws and Ordinances
Dear Members of the Town Board:
In response to a request by the ordinance committee that we
review enforcement provisions of the various local laws and ordinances
of the town, please be advised that we find that only a few permit
enforcement by officials of the town. The Zoning Administrator is
authorized, by express provision, to enforce the Building Code
ordinance, the zoning ordinance, the others similarly enforceable
are noted below.
A significant number of local laws or ordinances do not have
any provision which permit a local town official to enforce the same.
Illustrative is the noise ordinance. Absent such provisions, these
may not be enforced by any local town official as an express provision
would be necessary granting such enforcement powers. If you deem
it necessary, such amendments could be undertaken. However, I also
feel that there is a broad policy question raised by your inquiry
as to how the town wishes to have its various laws and ordinances
enforced on a local level through town officials.
The absence of provisions in many of the local laws and ordinances
for enforcement by a town official does not mean that such local laws
and ordinances are unenforceable. They are enforceable by law enforce-
ment personnel generally, such as the New ork ate Police and the
Dutchess County Sheriff, as these indi u 1 as law enforcement
officials enjoy the broad authority enf ce 11 laws.
Ve
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