HomeMy WebLinkAboutLL 2010 #06DAVID A. PATERSON '
STATE OF NEW YORK
DEPARTIIENT OF STATE
ONE COMMERCE PLAZA
99 WASHINGTON AVENUE
ALBANY, NY 12231-0001
LOI~AINE A. CORTI~S-VAZQUEZ
SECRETARY OF STATE
September 1,2010
Lynda M Rudder
Town of Southold
Town Hall 53095 Main Road
PO Box 1179
Southold NY 11971
RECEIVED
SEP - 7 2010
Southold Town Clerk
RE: Town of Southold, Local Law 5&6&7&8, 2010, filed on 8/30/10
Dear Sir/Madam:
The above referenced material was filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.state.ny.us.
Sincerely,
State Records and Law Bureau
(518) 474-2755
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ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
· OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August27,2010
Fed Ex
RE:
Local Law No. 5, 6, 7 & 8 of 2010
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department o£ State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-001
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, 1
am enclosing herewith certified copy of Local Law No. 5, 6, 7 & 8 of 2010 of the Town
of Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
Local 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
[] Town of
[] Village
SOUTHOLD
Local Law No. 6
of the year 2010.
A Local Law entitled, A Local Law in relation to Amendments to Chapter 83, Animals.
~Be it enacted thc Town Board of the:
~ County
rn City
[] Town of
[] Village
SOUTHOLD
LOCAL LAW NO. 6 of 2010
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
The Town of Southold has designed and implemented a Stormwater Management Program (SWMP) to reduce
~he non-point source pollutants and sediments entering the Town's valuable waterways, thus satisfying the
~andates of the Clean Water Act. This Local Law is a component of the Town's SWMP that will decrease
bacteria levels in stormwater runoff entering the waters of the Town and will promote the health, safety aod
welfare of the residents of the Town.
11. Chapter 83 of thc Code of the Town of Southold is hereby amended as follows:
ARTICLE II
Dogs
§ 83-6. Prohibited activities.
It shall be unlawful for any person owning, o~ harboring, in possession of or in control of any dog in the Town
of Southold to permit or allow such dog to:
Run at large elsewhere than upon the premises of the owner or custodian unless said dog shall be on a
leash or accompanied by a person at least 12 years of age, having adequate control of such dog, or
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.05/05)
C.
D.
E.
unless it be upon the premises of another person with the knowledge and consent of such person. For the
purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as
accompanied by their owners.
Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any
person other than the owner or person harboring such dog.
Cause damage or destruction to property other than the property of the owner or person harboring such
dog.
Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such
person in reasonable apprehension of bodily harm or injury.
To soil, defile or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway,
street, beach, nature preserve, park or any other public or Town owned property; or any place where
people congregate or walk; or on any private property without the permission of the owner of said
property. It shall be a violation of this Section unless all feces are immediately removed by said person
in a sanitary manner and then sealed and deposited in a garbage container. Feces disposed of in street
storm collection systems is prohibited.
§ 83-7. Enforcement. [Amended 9-21-1982 by L.L. No. 8-19821
~prnY Dog Control Officer, Bay Constable, Code Enforcement Officer, or Police Officer shall enforce the
ovisions of this article.
§ 83-13. Penalties for offenses.
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty
ora violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or
by both such fine and imprisonment.
IlL SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(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.)
hereby certify that the local law annexed hereto, designated as local law No. 6 of 20 10 of the
f,~, ....... ',,~r,:..,~ , · ...-~,-) of SOUTHOLD was duly passed by the
TOWN BOARD on July 27 ,20 10 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
1 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)(re-passed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by 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)(repassed after
disapproval) by the 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.)
O 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) (repassed after
disapproval) by the on 20 Such local 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.
l-.lect~ve Chief Executive Officer means or lnc udes 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 ora 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.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that lhe 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
becmne 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 ora majority of the qualified electors of the cities of
said county as a unit and a majority of the qnalified electors of the towns of said county considered as a nnit voting at said
general election, became operative.
jif any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that l have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of' the whole of such original local law, and was finally adopted in the manner indicated
in paragraph I , above.
(Seal)
fd~e County legislative body. Cit~. Town or
Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: August 18~ 2010
(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 SUFFOLK
1, the undersigned, hereby certify that the foregoing local law co~orrect text and that all
have been had or taken £or the enactment of the local law anne~
/ /
Signatu~ ~/
Martin D.~egan, Town Attorney
Jennifer Andaloro~ Esq.~ Assistant Town Attorney
Title
Town of SOUTHOLD
Date:
August 18, 2010
proper proceedings
4
MARTIN D. FINNEGAN
TOWN ATTORNEY
martin.finnegan@town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer.andaloro@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
R£C~I~D
MEMORANDUM
Town
To:
Ms. Elizabeth A. Neville, Town Clerk
From:
Lynne Krauza
Secretary to the Town Attorney
Date:
August 26, 2010
Subject:
LL/Poop Scoop Legislation/SEQRA Review
For your records, I am enclosing the original, fully executed Shod
Environmental Assessment Form in connection with the referenced matter. We
have retained a copy of this document in our file.
Also enclosed is a copy of the resolution authorizing Supervisor Russell to
execute this document.
If you have any questions, please do not hesitate to call me. Thank you
for your attention.
/Ik
Enclosures
617.20 ORIGINAL
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. APPLICANT/SPONSOR ~. PROJECT NAME
Town of Southold /"Amendments to Chapter 83, Animals".
3. PROJECT LOCATION:
Municipality TownofSouthold County Su~olk
4. PRECISE LOCATION (Street address and road intemecfions, prominent landmarks, etc. or provide map)
Jurisdictional limits of thc Town of Southold
5. PROPOSEDACTION IS:
[] New [] Expansion [] ModificaUo~aiteralton
6. DESCRIBE PROJECT BRIEFLY:
AL ' " ' '
ocal Law entitled, A Local Law m relaaon to Amendments to Chapter 83, Animals".
7. AMOUNT OF LANDAFFECTED:
Initially NA. acres Ultimately NA acres
8. VVILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes [] No If No, descdbe bdefly
9. , AT ,s PRESE.T USE ,. OF PROJECT?
[] ResMential [] Industrial [] Commercial [] Agriculture [] PaddForest/Open Space [] Other
Describe:
NA
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[~ Yes L.J No If Yes, list agency(s) name and permil/approvals:
Filing with thc New York Department o£S~atc,
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L_J Yes [] No If Yes, list agency(s) name and permit/approvals:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [--~ NO
i CERTIFY THAT TH.~FORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
ApplicentJsponsorname: Townof.~5.~oldTown~l~ard . . Daf~ 7/26/2010
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
E]Yes ~-']No
B. WILL ACTION RECEIVE COORDINATED REVfEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative
declaration may be superseded by another invelved agency.
E~]Yes r~No
C. COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for eresion, drainage or flooding problems? Explein briefly:
None
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultura~ reseurcos; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, signiticant habitats, or threatened or endangered species? Explain briefly:
None
CA. A community's exJsting plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefiy:
None
C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain bdefiy:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
None
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENV RONMENTAL AREA (CEA)?
[] Yes [] No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT AL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determinewhetheritissubstantial, la~ge, impo~tantorothenvisesignificant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl.
EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supperting documentation, that the proposed action WILt
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Town of Southold Town Board
Name of Lead/~ency
Scott Russell ~
Print or Typ~~cy
Signat~ of Responsible Officer in Lead Agency
7/26/2010
~ Date
Supervisor
. Title of Responsible Officer
RESOLUTION 2010-585
ADOPTED
DOC ID: 6076
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-585 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 27, 2010:
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A
Local Law in Relation to Amendments to Chapter 783~ Animals" is classified as an Unlisted
Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town
Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated
review of this action and issues a Negative Declaration for the action in accordance with the
recommendation of Mark Terry dated July 26, 2010, and is consistent with the LWRP pursuant
to Chapter 268 of the Town Code of the Town of Southold, Waterfi'ont Consistency Review.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
RESOLUTION 2010-587
ADOPTED
DOC ID: 6074
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-587 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 27, 2010:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 29tn day of June, 2010, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 83~ Animals" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals" reads as
follows:
LOCAL LAW NO. 6 of 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town of Southold has designed and implemented a Stormwater Management
Program (SWMP) to reduce the non-point source pollutants and sediments entering the Town's
valuable waterways, thus satisfying the mandates of the Clean Water Act. This Local Law is a
component of the Town's S WMP that will decrease bacteria levels in stormwater runoff entering
the waters of the Town and will promote the health, safety and welfare of the residents of the
Town.
II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE II
Dogs
§ 83-6. Prohibited activities.
It shall be unlawful for any person owning, o~ harboring, in possession of or in control of any
dog in the Town of Southold to permit or allow such dog to:
Run at large elsewhere than upon the premises of the owner or custodian unless said dog
shall be on a leash or accompanied by a person at least 12 years of age, having adequate
Resolution 2010-587
C.
D.
E.
Board Meeting of July 27, 2010
control of such dog, or unless it be upon the premises of another person with the
knowledge and consent of such person. For the purpose of this article, a dog or dogs
hunting in company with a hunter or hunters shall be considered as accompanied by their
owners.
Engage in habitual howling or barking or conduct itself in such a manner as to habitually
annoy any person other than the owner or person harboring such dog.
Cause damage or destruction to property other than the property of the owner or person
harboring such dog.
Chase or otherwise harass any person in such manner as reasonably to cause intimidation
or to put such person in reasonable apprehension of bodily harm or injury.
To soil, defile or defecate on any common thoroughfare, sidewalk, passageway, roadway,
highway, street, beach, nature preserve, park or any other public or Town owned
property; or any place where people congregate or walk; or on any private property
without the permission of the owner of said property. It shall be a violation of this
Section unless all feces are immediately removed by said person in a sanitary manner and
then sealed and deposited in a garbage container. Feces disposed of in street storm
collection systems is prohibited.
§ 83-7. Enforcement. [Amended 9-21-1982 by L.L. No. 8-19821
Tho Any Dog Control Officer, Bay Constable, Code Enforcement Officer, or Police Officer shall
enforce the provisions of this article.
§ 83-13. Penalties for offenses.
Any person committing an offense against any provision of this article shall, upon conviction
thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for
a term not exceeding 15 days, or by both such fine and imprisonment.
III. SEVERAB1LITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adiudged by any
court of competent iurisdiction to be invalid, the iudgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Updated: 7/27/2010 3:04 PM by Lynda Rudder Page 2
Resolution 2010-587 Board Meeting of July 27, 2010
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Updated: 7/27/2010 3:04 PM by Lynda Rudder Page 3
SOUTHOLD TOWN BOARD
PUBLIC HEARING
July 27, 2010
4:40 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski
Councilman William Ruland
Councilman Vincent Orlando
Councilman Christopher Talbot
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This hearing was opened at 5:32 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day
of June, 2010, a Local Law entitled "A Local Law in relation to Amendments to
Chapter 83~ Animals"
and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 27th day of July, 2010 at 4:40
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to
Chapter 83, Animals" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~
Animals".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town of Southold has designed and implemented a Stormwater Management
Program (SWMP) to reduce the non-point source pollutants and sediments entering the
Town's valuable waterways, thus satisfying the mandates of the Clean Water Act. This
Local Law is a component of the Town's SWMP that will decrease bacteria levels in
stormwater runoff entering the waters of the Town and will promote the health, safety
and welfare of the residents of the Town.
II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE II
Dogs
§ 83-6. Prohibited activities.
Amendments to Chapter 83, Animals 2
July 27, 2010
It shall be unlawful for any person owning, o~ harboring, in possession of or in control of
any dog in the Town of Southold to permit or allow such dog to:
A. Run at large elsewhere than upon the premises of the owner or custodian unless
said dog shall be on a leash or accompanied by a person at least 12 years of age,
having adequate control of such dog, or unless it be upon the premises of another
person with the knowledge and consent of such person. For the purpose of this
article, a dog or dogs hunting in company with a hunter or hunters shall be
considered as accompanied by their owners.
B. Engage in habitual howling or barking or conduct itself in such a manner as to
habitually annoy any person other than the owner or person harboring such dog.
C. Cause damage or destruction to property other than the property of the owner or
person harboring such dog.
D. Chase or otherwise harass any person in such manner as reasonably to cause
intimidation or to put such person in reasonable apprehension of bodily harm or
injury.
E. To soil, defile or defecate on any common thoroughfare, sidewalk, passageway,
roadway, highway, street, or any other public or Town owned property; or any
place where people congregate or walk; or on any private properly without the
permission of the owner of said property. It shall be a violation of this Section
unless all feces are immediately removed by said person in a sanitary manner and
then sealed and deposited in a garbage container. Feces disposed of in street
storm collection systems is prohibited.
§ 83-7. Enforcement. [Amended 9-21-1982 by L.L. No. 8-1982l
T?.e Any Dog Control Officer, Bay Constable, Code Enforcement Officer, or Police
Officer shall enforce the provisions of this article.
§ 83-13. Penalties for offenses.
Any person committing an offense against any provision of this article shall, upon
conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adiudged by
any court of competent iurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Amendments to Chapter 83, Animals 3
July 27, 2010
A full amendment with the law and the reading of the law has been posted and has been
noticed on Town Clerk website on July 16, 2010. Notice of the public hearing in the
Suffolk Times on July 15, 2010, a letter from the Department of Planning, Suffolk
County stating that it is going to be a matter of local determination. It is consistent with
the LWRP policies and from the Planning Board, they thank us for the opportunity to
provide comments on the local law referenced above. 'The Planning Board has reviewed
the proposed legislation and supports it with one suggestion added, please consider
adding the word beach to the list of public places in 83-6E.' One amendment that I
would like to finish up on, since 83-6, prohibited activities, E; to soil, defile or defecate
on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach,
nature preserve, park or any other public or town owned property or any place where
people congregate or walk or on any private property without the permission of the owner
of said property, it shall be a violation of this section unless all feces are immediately
removed by said person in a sanitary manner and then sealed and deposited in a garbage
container. Feces disposed of in a street storm collection system is prohibited. And that is
it.
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this
issue? This is otherwise as the pooper scooper law, if anybody hasn't figured that out
with the reference to the word feces 15 times. Would anybody like to address the Town
Board on this particular issue?
BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I am curious why traffic control
officers are not being, I mean, we are paying them, they are out there, they might be in a
better position than some of the other enforcement officers listed in the statute. Also by
including bay constables in this enforcement of the poop law, does that also authorize
them to enforce the leash law and the no parking law? Kind of curious to have the bay
constables enforcing it. the sentence, the last sentence in section E came up in red on the
word processor for grammatical errors, feces disposed of in street storm collection
systems is prohibited so I would suggest changing that to disposal of feces in a street
stormwater collection system is prohibited. Makes a little more sense. Question, do you
know if Greenport storm sewers go into a sewage treatment plant or does the Village not?
SUPERVISOR RUSSELL: Are you talking about the Village of Greenport?
MR. SCHWARTZ: Yes.
SUPERVISOR RUSSELL: I would ask you to direct that question to the Village Board
of Trustees.
MR. SCHWARTZ: Okay. did Southold consult with Greenport Village on this at all?
SUPERVISOR RUSSELL: On the pooper scooper law?
MR. SCHWARTZ: Yes.
Amendments to Chapter 83, Animals 4
July 27, 2010
SUPERVISOR RUSSELL: I don't think that was necessary.
MR. SCHWARTZ: Maybe not necessary but they do have pet waste bag dispensers ....
SUPERVISOR RUSSELL: So do we.
MR. SCHWARTZ: ...in their park. Yes, we do. we have at the dog park and also at the
animal shelter, they were donated by the North Fork Animal Welfare League at the
animal shelter. Is there any possibility we will put them anywhere else?
SUPERVISOR RUSSELL: It is always a possibility, I think that people that own an
animal certainly that want to take an animal on the Arshamomaque preserve or something
like that, that want to keep it on a leash, could probably front the cost of the bag. But we
will certainly take it under advisement.
MR. SCHWARTZ: That wasn't the point.
SUPERVISOR RUSSELL: I am not sure I know what was, Benja.
MR. SCHWARTZ: My point is that having a law doesn't always mean that it would be
of aid.
SUPERVISOR RUSSELL: And giving free bags doesn't mean it will be of aid. But
then, again, we hope for the best.
MR. SCHWARTZ: But that is one of the primary means of law enforcement, is
voluntary. In fact, I thank the Board for proposing this law. I had noticed already a
voluntary increase in scooping the poop.
COUNCILMAN TALBOT: Benja, in 83-7 enforcement, any dog control officer, bay
constable, code enforcement officer or police officer shall enforce the provisions in this
article and it would be all the chapters in that section.
MR. SCHWARTZ: Traffic control officers would be included?
COUNCILMAN TALBOT: Yes, dog control, bay constable, code enforcement or
police officer.
MR. SCHWARTZ: Thank you. It is my understanding that no dogs are allowed on
Southold Town beaches or in the town parks.
SUPERVISOR RUSSELL: Not all parks. In the preserves, dogs are allowed if they are
leashed. You would have to look at the stewardship plan and the particular parcel that
you are referencing but in many cases animals are allowed if they are leashed by the
ov~ler.
Amendments to Chapter 83, Animals 5
July 27, 2010
MR. SCHWARTZ: Well, I would encourage the Board to consider permitting dogs in
more places as long as they are well behaved and well taken care of by their owners.
Thank you.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this
local law? Can I get a motion to close?
This hearing was closed at 5:39 PM
Elizabeth A. Neville
Southold Town Clerk
~MARTIN D. FINNEGAN
TOWN ATTORNEY
m ar tin.fi nnegan (a)town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer.andaloro@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@/.own.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 76'5-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To:
From:
Date:
Subject:
MEMORANDUM
Ms. Sandi Berliner
Lynne Krauza
Secretary to the Town Attorney
August 12, 2010
LUAmendments to Chapter 83 (Poop Scoop) - SEQRA
I am enclosing an original Short Environmental Assessment Form in
connection with the referenced matter. A resolution authorizing Scott to sign this
document is also attached hereto.
In this regard, kindly have Scott sign this form in both places where
indicated and return to me for processing.
Thank you for your attention. If you have any questions, please do not
hesitate to call me.
/Ik
Enclosures /
cc: Ms. Elizabeth A. Neville, Town Clerk (w/enols.)
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by A~pIIcant or Project Sponsor)
1. APPLICANT/SPONSOR 12. PROJECT NAME
Town of' Southold ~,,Amendments to Chapter 83, Animals".
3. PROJECT LOCATION:
Municipality TownofSouthoId County Su£t'olk
4. PRECISE LOCATION (Slreet address and road ~ntersections, prominent landmarks, etc., or provide map)
Jurisdictional limits of the Town of Southold
5. PROPOSED ACTION IS:
[] NOW [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
A Local Law entitled, "A Local Law in relation to Amendments to Chaptcr 83, Animals".
7. AMOUNT OF LAND AFFECTED:
Initially NA acres Ultimately NA acres
8. WILL~_~PROPOSED ACTION~ COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes I I No If No, describe briefly
9. WHAT ,S PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Induslrlal [] Commercial [] Agriculture [] Park/Foresl/Open Space [] Other
Describe:
NA
10. DOES ACTION INVOLVE A PERM T APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes [] No If Yes, list agency(s) name and perrail/approvals:
Filing with thc New York Department of State.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [] Ne If Yes, list agency(s) name and permit/approvals:
NA
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[]Yes r~No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: Town of Southold Town Board Date: 7/26/2010
Signature:
I If the action is in the Coastal Area, and you are a state agency complete the
Coastal Assessment Form before proceed ng with this assessment I
OVER
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinale the review process and use tile FULL EAF.
'B. ' WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNIISTED ACTIONS iN § NYCRR, PART 617.67 If No, s negative
declaration may be superseded by another involved agency.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwrillen, if legible)
C 1. Existing air quality, surface or groundwater qualily or quantily, noise levels, exlsllng Iraffic pallern, solid wasle production or disposal,
potential for erosion, drainage or flood ug problems? Explain briefly:
None
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly;
None
C4. A community's existing plans or goals as o ftc a y adopted or a change In use or intensily of use of land or cther naturel resources? Explain briefly;
None
C5. Growth, subsequent development, or reMted activities likely to be induced by the proposed action? Explain briefly:
None
C6. Long term, shor~ lerm, cumulative, or other effects not Idenllfled ~n Cl -C57 Explain briefly:
None
C7. Other impacts (Including changes In use of ellher quantity or type et energy)? Explain briefly:
Nono
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes [] No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly:
'~I~RT Itl - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: F~reachadverseeffectidenfi~edab~ve~determinewhetheritissubstantia[~arge~irop~rtant~r~therwisesignifjcant~ Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure lhat explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, tf question D of Part II was checked
yes, the determination of significance must evaluate the potential impact of lhe proposed action on the environmental characteristics of the C EA.
[] Check this box if you have identified one or more potentiafly large or significant adverse impacts which MAY occur. Then proceed direcli~ to the FULl
EAF and/or prepare a positive declaration.
[] Check Ihis box if you have determined, based on the information and analysis above and any supporting documentation, thai lhe proposed action WILt,
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, fire reasons suppodlng this deternllnaflor
Town of Southold Town Board
Name of Lead Agency
Scott Russell
Print or Type Name of Responsible Officer in Lead A0ency
Signature of Responsible O~cer in Lead Agency
7/26/2010
Date
Supervisor
RESOLUTION 2010-585
ADOPTED
DOC ID: 6076
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-585 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 27, 2010:
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A
Local Law in Relation tO Amendments to Chapter 783~ Animals" is classified as an Unlisted
Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town
Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated
review of this action and issues a Negative Declaration for the action in accordance with the
recommendation of Mark Terry dated July 26, 2010, and is consistent with the LWRP pursuant
to Chapter 268 of the Town Code of the Town of Southold, Waterfi'ont Consistency Review.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED IUNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
O~'~ICE LOCATION:
Town Hail Annex
54375 State Route 25
cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
RECEIVED
To: Supervisor Scott Russell
Town of Southold Town Board
./'
From: Mark Terry, Principal Planner ~
LWRP Coordinator
JUL 2 7 2010
Southold Town Clerk
Date: July 26, 2010
Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83,
Animals".
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency
Review of the Town of Southold Town Code and the Local Waterfront Revitalization
Program (LWRP) Policy Standards. Based upon the information provided to this
department as well as the records available to me, it is my recommendation that the
proposed action is CONSISTENT with the LWRP Policy Standards and therefore is
CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
Jennifer Andaloro, Assistant Town Attorney
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JOSEPH L. TOWNSEND
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
To:
From:
Date:
Re:
Scott Russell, Town Supervisor
Members of the Town Board
Martin Sidor, Chairman, Planning Boardf~ ~ ~\
July 26, 2010
Proposed Local Law: A Local Law in relation to Amendments to
Chapter 83, Animals
Thank you for the opportunity to provide comments on the proposed Local Law
referenced above.
The Planning Board has reviewed the proposed legislation and supports it with
one suggested addition. Please consider adding the word "beach" to the list of
public places in §83-6 E.
cc: Town Clerk
Town Attorney
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
RECEIVED
JUL 2 7 2010
To: Supervisor Scott Russell
Town of Southold Town Board
From: Mark Terry, Principal Planner,~"~
LWRP Coordinator
Southold Town Clerk
Date: July26, 2010
Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~
Animals".
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency
Review of the Town of Southold Town Code and the Local Waterfront Revitalization
Program (LWRP) Policy Standards. Based upon the information provided to this
department as well as the records available to me, it is my recommendation that the
proposed action is CONSISTENT with the LWRP Policy Standards and therefore is
CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
Jennifer Andaloro, Assistant Town Attorney
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I. PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor)
1. APPLrCANT/SPONSOR 12. PROJECT NAME
Town of Southold / "Amendments to Chapter 83, Animals".
3. PROJECT LOCATION:
Municipality TownofSouthold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Jurisdictional limits of the Town of Southold
5. PROPOSED ACTION iS:
[] New [] Expansion [] Modiflcatio~alteration
6. DESCRIBE PROJECT BRIEFLY:
A Local Law entitled, "A Loca Law in relation to Amendments to Chapter 83, Animals".
7. AMOUNT OF LAND AFFECTED:
Initially NA ac~es Ultimately NA acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes [] No If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other
Describe:
NA
10. DOES ACT ON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes [] NO If Yes, list agency(s) name and permit/approvals:
Filing with the New York Department of State.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
~J Yes [] No if Yes, list agency(s) name and permit/approvals:
NA
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[]Yes r~No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsorname: TownofSouthold TownBoard Date: 7/26/20]0
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF,
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative
declaration may be superseded by another involved agency.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
None
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
None
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None
C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain briefly:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefly:
None
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRiTiCAL
ENVIRONMENTAL AREA (CEA)?
[] Yes [] No If Yes, explain bdefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes,
explain
briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, la~ge, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irmversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the infom3ation and analysis above and any supporting documentation, that the proposed action WILl
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the masons supporting this determination
Town of Southold Town Board 7/26/2010
Name of Lead Agency Date
Scott Russell Supervisor
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
m~o7/2e/2o...z o e.8: 5e
RECEIVED
JUL 2 0 2010
~,outhold Town Cleft
_G3~-853-4044
$ C PLANIN~ DEPT
COUNTY OF SUFFOLK
STEVE k~v'Y
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
luly20,2010
PAGE 81
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF ~LANNING
To~ of Sout~old
PO Box 1179
Southold, New York 11935
Att; Ms. Elizabeth A, Neville, Clerk
Applioant:
Z~rdng Action:
Resolution No,:
Public Hearing Dato:
S.C.P.D. File No.:
Tow~a of Southold
Amendmel~ts Chapter g3 "Animals";
Chapter 136 "E,x'z~rior lighting Lave'
2010-4/1 & 201(5-470
July 27, 2010
8D-10-LD
De~t Ms. Neville:
pursuant to the requiremeras of S~cQons A14-14 thr~ A14-25 of thc Suffolk County
Aclministradve Code, the above referericed application which lm,s been submitr~ to the Suffolk
CounW Plann.kig Commission is con, idled to be a mat~r for local da~,~duation as there is no
apparent dg~ificam oouaty-wide or intcr-cornmuni~' impact(s). A decision of local d~Imination
should uo~ be construed a~ either au approval or disapproval.
Very truly yours,
Thomas A- Isles, AIcP
.. :,. ,, ChiefPlarul~r
APF:ds
JUL 2 o 2010
LOCATION
H, LEE DE~II$ON BLDG, -4TH FLOOR
lOO VETERANS MENIOFUAL HIGHWAY
MAIUNG ^DDRI{S~
P. O. BOX Sl0O
HAUPPAUGE. NY '{ 17~e-009g
TELECOPIER (831)
[ 'd 696 'ON WVO~:OI.OJO~ 'Og 'l[l? ...
9853
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Sworn to before me this
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successively, commencing on the
15th dayof July, 2010.
Principal Clerk
NOTARY P!!, ~ , ,h'~ OF NEW YORK
LEGAL NOTICE
NOTICE OF PUBBC HEARING
NOTICE IS HEREBY GIVEN,
there has been presented to the Town
Board of the Town of Southold, Suffolk
County, New York, on the 29th day of
June. 2010, a Local Law entitled "A Lo-
LOCAL LAW NO. 2010
A Local Law entitled, ~
Town.
in reasonable apprehension of bodily
harm or injury.
common thorou~Jffare, sidewalk, pas-
safeway, roadway, highway, street, or any
other nublic or Town owned property:or
any place where oeople congregate or
walk: or on any orivate ~)ronertv with-
out the permission of the owner of said
prot~ertv. It shall be a violation of this
Section unless all feces are immediately
removed bv said ~erson in a sanitary
manner and then sealed and deposited
in a earbaee container. Feces disoosed
of [n street storm collection systems is
orohibited.
§ 83-7. Enforcement. [Amended 9-21-
1982 by L.L No. 8-1982]
~ Any Dog Control Officer, B~a.y
Constable. Code Enforcement Officer.
or Police Officer shall enforce the provi-
sions of this ar ticie.
§ 83-13. Penalties for offenses.
Any person committing an offense
against any provision of this article shall,
upon conviction thereof, be guilty of a
violation punishable by a fine not ex-
ceeding $250 or by imprisonment for a
term not exceeding 15 days, or by both
such fine and imprisonment.
If any clause, sentence, oaraerat~h,
section, or oart of this Local Law shall
be adiudeed bv any court of competent
iurisdiction to be invalid, the Judgment
shall not affect the validity of ~is ~aw as
a whole or any oart thereof other than
the oart so decided to be unconstit~fi.O~-
IV, EFFECTIVE DATE
T~is Local Law shall take effect
mediatel~ uoon filing with the Secretary
of State as orovided by
Dated: June 29, 2010
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
9853-1T 7/15
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 29th day of June, 2010, a Local
Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals"
and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 27th day of July, 2010 at 4:40
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to
Chapter 83~ Animals" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~
Animals".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town of Southold has designed and implemented a Stormwater Management
Program (SWMP) to reduce the non-point source pollutants and sediments entering the
Town's valuable waterways, thus satisfying the mandates of the Clean Water Act. This
Local Law is a component of the Town's SWMP that will decrease bacteria levels in
stormwater runoff entering the waters of the Town and will promote the health, safety
and welfare of the residents of the Town.
Il. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE II
Dogs
§ 83-6. Prohibited activities.
It shall be unlawful for any person owning, o~ harboring, in possession of or in control of
any dog in the Town of Southold to permit or allow such dog to:
Run at large elsewhere than upon the premises of the owner or custodian unless
said dog shall be on a leash or accompanied by a person at least 12 years of age,
having adequate control of such dog, or unless it be upon the premises of another
person with the knowledge and consent of such person. For the purpose of this
article, a dog or dogs hunting in company with a hunter or hunters shall be
considered as accompanied by their owners.
Engage in habitual howling or barking or conduct itself in such a manner as to
habitually annoy any person other than the owner or person harboring such dog.
Cause damage or destruction to property other than the property of the owner or
person harboring such dog.
Chase or otherwise harass any person in such manner as reasonably to cause
intimidation or to put such person in reasonable apprehension of bodily harm or
injury.
To soil, defile or defecate on any common thoroughfare, sidewalk, passageway,
roadway, highway, street, or any other public or Town owned property; or any
place where people congregate or walk; or on any private property without the
permission of the owner of said property. It ~hall be a violation of this Section
unless all feces are immediately removed by said person in a sanitary manner and
then sealed and deposited in a garbage container. Feces disposed of in street
storm collection systems is prohibited.
§ 83-7. Enforcement. [Amended 9-21-1982 by L.L. No. 8-1982]
Th.c Any Dog Control Officer, Bay Constable, Code Enforcement Officer, or Police
Officer shall enforce the provisions of this article.
§ 83-13. Penalties for offenses.
Any person committing an offense against any provision of this article shall, upon
conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or pan of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any pan thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: June 29, 2010
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON July 15, 2010, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
TC's Bulletin Board
Town Board Members
Accounting Dept.
Town Attorney
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
dulyswom, says that on the /c.r~ dayof f,v,-f ,2010, she affixed a notice of
which the annexed printed notice is a tree copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: "pooper scooper"
~O Elizabe~ A. Neville -
Southold Town Clerk
Sworn before me this
ho day of~ad,~/e~, 2010.
~Xlotary Pu~ic
LINDA J COOPER
NOTARY PUBLIC, State of New York
NO. 01CO4522563, Suffolk Corn
Term Expires December 31, 20
RESOLUTION 2010-471
ADOPTED
DOC ID: 6013
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-471 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 29, 2010:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 29th day of June, 2010, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 83~ Animals" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
27th day of July, 2010 at 4:40 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~
Animals" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town of Southold has designed and implemented a Stormwater Management
Program (SWMP) to reduce the non-point source pollutants and sediments entering the Town's
valuable waterways, thus satisfying the mandates of the Clean Water Act. This Local Law is a
component of the Town's SWMP that will decrease bacteria levels in stormwater runoff entering
the waters of the Town and will promote the health, safety and welfare of the residents of the
Town.
II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE II
Dogs
§ 83-6. Prohibited activities.
It shall be unlawful for any person owning, o~ harboring, in possession of or in control of any
dog in the Town of Southold to permit or allow such dog to:
A. Run at large elsewhere than upon the premises of the owner or custodian unless said dog
Resolution 2010-471
Board Meeting of June 29, 2010
shall be on a leash or accompanied by a person at least 12 years of age, having adequate
control of such dog, or unless it be upon the premises of another person with the
knowledge and consent of such person. For the purpose of this article, a dog or dogs
hunting in company with a hunter or hunters shall be considered as accompanied by their
owners.
Engage in habitual howling or barking or conduct itself in such a manner as to habitually
annoy any person other than the owner or person harboring such dog.
Cause damage or destruction to property other than the property of the owner or person
harboring such dog.
Chase or otherwise harass any person in such manner as reasonably to cause intimidation
or to put such person in reasonable apprehension of bodily harm or injury.
To soil, defile or defecate on any common thoroughfare, sidewalk, passageway,
roadway, highway, street, or any other public or Town owned property; or any place
where people congregate or walk; or on any private property without the permission
of the owner of said property. It shall be a violation of this Section unless all feces
are immediately removed by said person in a sanitary manner and then sealed and
deposited in a garbage container. Feces disposed of in street storm collection systems
is prohibited.
§ 83-7. Enforcement. [Amended 9-21-1982 by L.L. No. 8-1982]
· Jae Any Dog Control Officer, Bay Constable, Code Enforcement Officer, or Police Officer shall
enforce the provisions of this article.
§ 83-13. Penalties for offenses.
Any person committing an offense against any provision of this article shall, upon conviction
thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for
a term not exceeding 15 days, or by both such fine and imprisonment.
IlL SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adiudged by any
court of competent iurisdiction to be invalid, the iudgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Updated: 6/29/2010 3:23 PM by Lynda Rudder Page 2
Resolution 2010-471
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell
ABSENT: Louisa P. Evans
Board Meeting of June 29, 2010
Updated: 6/29/2010 3:23 PM by Lynda Rudder Page 3