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1980-01-28 SPM1 P '-, v A Special Meeting of the Town Board of the Town of Wappinger was held on January 28, 1980 at 7:00 P.M. at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 7:09 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman' Bernice Mills, Councilwoman Janet Reilly, Councilwoman Frank Versace, Councilman Elaine Snowden, Town Clerk Notice of said meeting was sent to each Board Member on January 23, 1980, calling the meeting for January 28, 1980 at 7:00 P.M. Notices were sent to newspapers and radio stations and also posted on the Town Clerk's Bulletin Board. The following Local Law was introduced by COUNCILMAN JOHNSON; A local law relating to the control, confining and leashing of dogs. Section 1. Purpose. The Town Board of the Town of Wappinger finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical hard to persons, damage to property and have created nuisances within the Town. The purpose of this local law is to protect the health, safety and well being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Town. Section 2. Authority. This local law is enacted pursuant to the provisions of Article Seven of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. Section 3. Title. The title of this law shall be: "Dog Control Law of the Town of Wappinger". Section 4. Definitions of Terms. As used in this local law, the following words shall have the following respective meaning: (a) Dog means male and female, licensed and unlicensed, members of the species Canis Familiaris. (b) Owner means person entitled to claim lawful custody and possession of a dog and who is responsible for purchasing the license for such iog unless the dog is or has been lost, and such loss was promptly reported to the Dog Control Officer and a reasonable search has been made. If a dog is not licensed the term owner shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the town. Any person owning or harboring a dog for a period of one '(1) week prior to the filing of any complaint charging a violation of this local law, shall be held and deemed to be the owner of such dog for the purpose of this local law. In the event the owner of any dog found to be in violation of this chapter shall be under eighteen years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog and violation of this local law. (c). Run at large means to be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands. (d) Town means the Town of Wappinger. (e) Dog Control Officer means the person authorized by the Town Board from time to time, by resolution, to enforce the provisions of this local law. A dog control officer shall have all the powers of a constable or other peace officer in the execution of the provisions of this local law, including service of a summons, the service of an appearance ticket pursuant to and in accordance with Sect. 126 of the Agriculture and Markets Law of the State of NewYork as amended by Chapter 374 of the Laws of 1975, and the service and execution of any other order of process, notwithstanding any provision of the Justice Court Act. Section 5. Restrictions. It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to: (a) Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of the local law, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its. owner. (b) Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog. (c) Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the owner thereof. (d) Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury. (e) Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles or other vehicles while on a public street, highway or place, or upon private property without the consent or approval of the owner of such property. (f) Create a nuisance by defecating, urinating or digging on public property, or on private property without the consent or approval of the owner of such property. (g) If a female dog when in heat, be off theowner's premises undrstrained by a leash. Section 6. Enforcement. This local law shall be enforced by the Dog Control Officer or any other Law Enforcement Officer. (a) The Dog Control Officer or a peace officer observing a violation of this local law in his presence, or having reasonable cause to believe that a person has violated this local law, shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by this Board by resolution in accordance with the provisions of Section 126 of the Agriculture and Markets Law and this Local Law. L (b) The Dog Control Officer or any peace officer shall seize (1) any unlicensed dog whether on or off the owner's premises, (2) any dog not wearing a tag, and which is not on the owner's premises and (3) any dog found in violation of paragraph (a) of Section 5 of this local law. The Dog Control Officer or peace officer may also investigate and report to a Town Justice of the Town any dangerous dog as described in Section 121 of the Agriculture and Markets Law, and see that the order of the Town Justice in such case is carried out. (c) Any person who observed a dog in violation of this local law may file a complaint under oath with a Town Justice of the Town specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this local law. Section 7. Seizure of dogs. The Dog Control Officer is hereby empowered to seize any dog which has violated any of the provisions of this local law, and/or Article 7 of the Agriculture and Markets Law, and any such dog so seized shall be impounded or taken to such place as may be designated by the Town Board as a place of detention, until disposition thereof shall have been made in accordance with the provisions of this local law. Section 8. Redemption. (a) Periods of redemption - Control Officer shall continue to for the following prescribed time TYPE OF SEIZURE Unlicensed or Unidentified dog Licensed dog Licensed dog any dog seized by the Dog be impounded and held by him periods: REDEMPTION PERIOD 5 days 5 days (if personal notice, from date of notice) 7 days (if mail notice, from date of mailing) (b) Redemption fees - at any time during the period of redemption the owner of any dog seized may redeem such dog provided that such owner produces proof that the dog has been licensed and has been identified and provided further that the owner pays the following redemption fees: NUMBER OF TIMES IMPOUNDED REDEMPTION FEE First Second, within 1 year of first impoundment Third or more within 1 year of first impoundment $10.00 plus $4.00 per day costs $20.00 plus $4.00 per day costs $30.00 plus $4.00 per day costs Section 9. Disposition of seized dogs. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be available for adoption or euthanized. The Town shall keep for one (1) year a record of the disposition of all dogs seized, which records shall be open to public inspection. Section 10. Adoption. (a) At the expiration of the appropriate redemption period an unredeemed dog may be made available for adoption for the following adoption fees: 165 166 TYPE OF DOG Puppies up to six months Purebred or purebred type Mixed breed ADOPTION FEES $ 5.00 10.00 5.00 (b) Adoption of either a male or female dog shall be further conditioned upon the provision that the dog shall be spayed or neutered before release from custody of the Dog Control Officer, and at the expense of the adoptive_owner. Puppies six months and under shall be exempt from the Spaying and Neutering requirements. They shall be released from custody on the express written stipulation that at such time as the owners Veterinarian deems it appropriate such dog shall then be spayed or neutered. Such written stipulation shall be provided to the Dog Control Officer who shall verify its compliance by written certificate from the Veterinarian that such Spaying or Neutering has been performed at the appropriate time. Failure to comply with such stipulation shall be a violation of this Local Law and be grounds for the seizure of said dog. Section 11. Trial Procuedure (a) The owner of a dog who is issued an appearance ticket pursuant to Section 7 herein may answer the same by registered or certified mail, return receipt requested, within five (5) days of the violation (s) as hereunder provided in lieu of a personal appearance on the return date at the time and Court specified in said appearance ticket. (b) If the person charged with the violation admits to the violation as charged in the appearance ticket, he may complete the appropriate form on such appearance ticket and forward such form and appearance ticket to the office specified on such appearance ticket. (c) If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket to the Town Court. Upon receipt, such answer shall be entered in the docket and a new return date established by said court. Such person shall be notified by mail of the date and place of such return date and/or trial. If a person shall fail to appear at a return date a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law. (d) In the event that there is a violation of this local law based upon an information and not an appearance ticket, the Dog Control Officer or other Law Enforcement Officer shall immediately proceed to file an information with a Town Justice Court as soon as possible. The rules of procedure and proof applicable in criminal actions shall apply. Section 12. Penalties. Any person convicted of a violation of this local law, and/or Section 119 of the Agriculture and Markets Law, shall be deemed to have committed a violation and shall be subject to a fine not exceeding Two Hundred Fifty ($250) Dollars or imprisonment for a period not to exceed fifteen (15) days. Section 13. Separability. Each local law shall be deemed independent and if any provisions shall be deemed provisions hereof shall remain valid separate provision of this of all other provisions herein, or declared invalid, all other and enforceable. Section 14. Repealer. This local law shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Town of Wappinger and they shall be, upon the effectiveness of this local law, null and void. Section 15. This Local Law shall take effect immediately, upon adoption and as prescribed by the Municipal Home Rule Law. The following resolution was introduced by COUNCILMAN JOHNSON, who moved its adoption: WHEREAS, there has been duly presented and introduced at a Special Meeting of this Town Board on the 28th day of January, 1980, a proposed Local Law relating to the control, confining and leashing of dogs, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 13th day of February, 1980 at 8:00 P.M. on such day at Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town. Seconded by: Mrs_ Reilly Roll Call Vote: 5 Ayes 0 Nays Since Olympic Day was February 5th, 1980, and ceremonies had been planned for the arrival of the Olympic Runner, at the Bell Site, and Mr. Diehl felt that the employees of the Town should be present,- he therefore, wanted discussion from the Board on closing the Town offices for either the day or 1 day or part of the day, perhaps two hours. The ceremonies were due to start at about 9 A.M. and arrangements had been made with the restaur- ant at the site to serve coffee and danish. After discussion it was felt that a late opening of 11 A.M. of Town offices would give the employees enough time to enjoy the ceremonies and refreshment afterward. MR. JOHNSON moved that the Town offices be ppened at 11 A.M. on the 5th of February, 1980 and that all Town employees be encouraged to attend the Olympic ceremonies. Seconded by Mr. Versace Motion Unanimously Carried 168 Mr. Diehl then noted that he had heard from Dr.. Sturgis, Superintendent of the Wappinger School District who had informed him that the schools would not be closed that day, due to the confusion it might cause,butstudents would be excused if parents wished to transport them to attend the ceremonies. The teachers are being encouraged to bring their pupils if they can arrange transportation by the parents. The employees of the Town presented a request to the Town Board to exchange two holidays that had been designated as legal Town Holidays by the Town Board, at their Reorganizational Meeting. A Poll conducted at the Town Hall resulted in a preference by the employees to work on February 12th, in exchange for November 28th, 1980, which was the day after Thanksgiving, and work on November llth, in exchange for December 26th, 1980, the day after Christmas. The Highway Department had been polled, but preferred to keep the holidays as hadbeen designated, but would have no hard feelings if the Board granted this request for the other departments. The departments in favor of the change included all Town Hall offices, the Assessor's Office and Justice Court. MR. JOHNSON moved that the request be granted to swap February 12th, 1980 for November 28th, 1980, the day after Thanksgiving, and November llth, 1980 be swapped for December 26th, 1980, the day after Christmas, for all Town offices, with the exception of the Highway Department. Seconded by Mr. Versace 1 b.i. Motion Unanimously Carried Mr. Diehl had sent memos to the Board concerning the repairs mandated by the insurance company to the fire escape and repairs to the furnace in the Town Hall which are badly needed due to the fact that the building has been without heat many times this winter. Informal bids had been sent out on these items since the expenditure did not necessitate formal bid procedure. MRS. REILLY moved approval be given for repair of the Town Hall furnace in the amount of $893.00 AB submitted in bid by John DelVecchio and further moved that the fire escape be repaired as mandated by insurance carrier and illuminated "exit" sign 1 1 be installed. Seconded by Mr. Johnson 169 Motion Unanimously Carried MR. DIEHL moved that the Town of Wappinger offer a reward of $500.00 for information leading to the detection, arrest and conviction of the person guilty of leaving the scene of an accident which resulted in the death of ',eater Storm, and this amount be taken from Federal Revenue Sharing Funds or General Fund, to be determined by the Comptroller at the time it is debited. Seconded by Mr. Johnson Roll Call Vote: Councilman Johnson Aye Councilwoman Mills Nay Councilwoman Reilly Nay Councilman Versace Aye Supervisor Diehl Aye Motion Carried Before the vote was taken, Mr. Johnson said that he had spoken to a number of residents since the last Board meeting when this motion was defeated and felt this action was supported by people in different areas of the Town, not just the locality where this occurred. It represented, to him, an attempt by the Town to indicate its feeling of outrage of such an action. It was a small token, he admitted, but he shared Mr. Diehl's feelings that perhaps it would help accomplish what they intended it to do and that would be the only reason they needed to take this action. Both Mrs. Mills and Mrs. Reilly had spoken to people with the direct opposite reaction --they did not feel the Board should act affirma- tively on this matter. Mr. Versace asked what account it would be taken out of when it came to that point, and if it could come out of Federal Revenue Sharing. Mr. Diehl pointed out that no matter what account it was taken from, it would be town -wide. The next item on the agenda was that of approval by the Board to expend the amount of $100.00 for Olympic Day ceremonies. Mr. Diehl explained that the LaFonda Del Sol Restaurant offered the use of the restaurant for the Committee to serve coffee, hot g170 chocolate and pastries to the band, consisting of 150 people and officials of the Town. MR. DIEHL moved that the amount of $100.00 be expended for refreshments for Olympic Day ceremonies and that this amount be taken from account number A7550.4, Celebrations. Seconded by Mrs. Mills Motion Unanimously Carried MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. Reilly and unanimously carried. The meeting adjourned at 7:36 P.M. cna,„ Elaine H. Snowden Town Clerk Spl. Mtg. 1/28/80 1 1