HomeMy WebLinkAboutLL 2012 #08ANDREW M. CUOMO
GOVERNOR
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
99WASHINGTON AVENUE
ALBANY, NY 12231-0001
July 2, 2012
CESAR A. PERALES
SECRETARY'OF STA'r E
Lynda M Rudder
Depu~ Town Clerk
Town Ha11,53095 Main Road
PO Box1197
Southold NYl1971
RECEIVED
JUL - 5
RE: Town of Southold, Local Law 8 2012, filed on June 27, 2012
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
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NewYork 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
EM390736681US
June 22, 2012
Express Mail
Local Law No. 8 of 2012
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Dear Ms. Lasch:
In accordance with provisions of Section 27 of thc Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 8 of 2012 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
Customer Copy
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SOUTHOLD, New York
119711000
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Customer Copy
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
rn City
[] Town of
rn Village
SOUTHOLD
Local Law No.
8 of the year 2012.
A Local Law entitled, A Local Law in relation to Amendments to Chapter 83, Animals, in connection with
Waterfowl and Gull Feeding and Pet Waste
Be it enacted the Town Board of the:
rn County
cl City
[] Town of
rn Village
SOUTHOLD
I. Purpose.
It is the intent of this Article to protect the health, safety and welfare of the community and to assist the
Town of Southold and its wildlife by prohibiting the feeding of migratory, non-migratory, or resident waterfowl
and gulls within publicly owned land or waterways of the Town of Southold. The feeding of waterfowl and
gulls increases the potential for damage to lands; can cause water quality problems, beach closures, and
contamination of shellfish growing areas; and increases the potential for the spread of disease to residents. In
addition, it is the intent of this Article to protect the welfare of the waterfowl and gulls themselves, since
wildlife studies have shown that the feeding of waterfowl and gulls can interrupt their normal migration
patterns, cause nutritional problems, and promote the spread of serious waterfowl and gulls' diseases such as
avian influenza, avian cholera, plague and botulism. This Article also expands the scope of the Pooper Scooper
Program to include a prohibition of leaving domestic pet waste on any public property with a goal of further
reducing non-point source pollutants and bacteria levels in stormwater runoff entering waters of the Town.
11. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
§83-6. Prohibited activities.
It shall be unlawful for any person owning, 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
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev 05/05)
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.
ARTICLE IV
Waterfowl and Gull Feeding and Domestic Pet Waste
§83-27. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings
as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's
Third International Dictionary of the English Language, unabridged (or latest edition).
DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or about the habitation of
humans and is dependent on people for food and shelter. Domestic pets include, but are not limited to, dogs,
cats, horses, swine, donkeys, and goats.
FEED or FEEDING - To place, deposit, scatter, or distribute in a location accessible to waterfowl or gulls any
type of food, including but not limited to corn, wheat or other grains, bread, popcorn, scraps, or any substance
liable to be eaten by the waterfowl or gulls.
PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or
agency or any other entity recognized by law as the subject of rights and duties.
PUBLICLY OWNED PROPERTY - Any land which is owned, maintained, leased or managed by the Town of
Southold for any purpose whatsoever, including but not limited to, parks, preserves, beaches and marinas.
WATERFOWL - Those species of birds commonly known as "swans", "geese", and "ducks" and any other
waterfowl falling under the jurisdiction of the United States Fish and Wildlife Service, and are either migratory,
non-migratory, or resident fowl.
WATERWAYS - A general term referring to lakes, ponds, streams, creeks, stormwater basins, and harbors.
§83-28. Prohibitions.
A. Waterfowl and Gull Feeding:
It shall be unlawful for any person to:
Feed or provide food for any waterfowl or gulls on publicly owned lands or waterways within
the Town of Southold at any time of year.
2
2. Create any condition which results in a congregation of waterfowl or gulls on Town property
which:
(a) results in an accumulation of waterfowl or gull feces or droppings;
(b) results in damage to flora, fauna or property;
(c) results in a threat or nuisance to the public health, safety or welfare;
(d) results in a threat to the health, safety or welfare of said waterfowl or gulls.
B. Domestic Pet Waste:
It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet in the Town of
Southold to permit or allow such domestic pet to soil, defile, or defecate on any common thoroughfare,
sidewalk, passageway, roadway, highway, street, beach, park, preserve 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. Any feces disposed of in
street storm collection systems is prohibited.
{}83-29. Enforcement.
The provisions of this Article shall be administered and enforced by the Zoning Inspector and/or Southold
Town Police/Bay Constables who have the power to issue appearance tickets; provided, however, that for the
first year after the effective date of this law, such personnel shall only issue warnings for violations of this law.
{}83-30. Penalties for offenses.
Any person committing an offense against any provisions of this Article shall, upon conviction thereof, be
guilty of a violation punishable by a fine not exceeding $250.00.
{}83-31. Statutory Authority.
In accordance with Section 10 of the Municipal Home Rule Law of the State of New York, the Town Board of
the Town of Southold has the authority to enact local laws and amend local laws and for the purpose of
promoting the health, safety or general welfare of the Town of Southold and for the protection and enhancement
of its physical environment.
III. 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.
3
(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.)
I hereby certify that the local law annexed hereto, designated as local law No. 8 of 20 12 . of the
(Cz:::..~')(C~,~')(Town) (~i44~g~) of SOUTHOLD was duly passed by the
TOWN BOARD on June 5 ,20 12 , 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*.)
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)(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 ofa (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 (approvedXnot 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.
* Elective Chief Executive Officer means or Includes the chief executive officer ora 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.
'5. i~ity 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.)
1 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 Role 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 ., above.
Clerk~of tl~2~-n~ty-'l~glsl"'"'a[ivgbod~. Qi-ty.~Tow% or
Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: Jane 11, 2012
(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
I, the undersigned, hereby certify that the foregoing local law contati~Tfie c-O:n~t text and that all proper proceedings
have been had or taken for the enactment of the local law annexed~
Signatu~,,~_ ~
Martin D. Fi'ffnegan, Town Attorney
Jennifer Andaloro, Esq., Assistant Town Attorney
Title
Town of SOUTItOLD
Date:
June 11, 2012
5
RESOLUTION 2012-491
ADOPTED DOC ID: 7922
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-491 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 5, 2012:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the l0th day of April, 2012, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull
Feeding and Pet Waste" and
WHEREAS the Town Board of the Town of Southold held a public heating 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~ in
connection with Waterfowl and Gull Feeding and Pet Waste" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in
connection with Waterfowl and Gull Feeding and Pet Waste".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
It is the intent of this Article to protect the health, safety and welfare of the community
and to assist the Town of Southold and its wildlife by prohibiting the feeding of migratory,
nonmigratory, or resident waterfowl and gulls within publicly owned land or waterways of the
Town of Southold. The feeding of waterfowl and gulls increases the potential for damage to
lands; can cause water quality problems, beach closures, and contamination of shellfish growing
areas; and increases the potential for the spread of disease to residents. In addition, it is the
intent of this Article to protect the welfare of the waterfowl and gulls themselves, since wildlife
studies have shown that the feeding of waterfowl and gulls can interrupt their normal migration
pattems, cause nutritional problems, and promote the spread of serious waterfowl and gulls'
diseases such as avian influenza, avian cholera, plague and botulism. This Article also expands
the scope of the Pooper Scooper Program to include a prohibition of leaving domestic pet waste
on any public property with a goal of further reducing non-point source pollutants and bacteria
levels in stormwater runoff entering waters of the Town.
II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
{}83-6. Prohibited activities.
It shall be unlawful for any person owning, harboring, in possession of or in control of any dog
in the Town of
Southold to permit or allow such dog to:
Resolution 2012-491
Board Meeting of June 5, 2012
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.
ARTICLE IV
Waterfowl and Gull Feeding and Domestic Pet Waste
§83-27. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter,
have the meanings as herein defined. Any word or term not noted below shall be used with a
meaning as defined in Webster's Third International Dictionary of the English Language,
unabridged (or latest edition).
DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or about the
habitation of humans and is dependent on people for food and shelter. Domestic pets include,
but are not limited to, dogs, cats, horses, swine, donkeys, and goats.
FEED or FEEDiNG - To place, deposit, scatter, or distribute in a location accessible to
waterfowl or gulls any type of food, including but not limited to corn, wheat or other grains,
bread, popcorn, scraps, or any substance liable to be eaten by the waterfowl or gulls.
PERSON - An individual, association, firm, syndicate, company, trust, corporation, department,
bureau or agency or any other entity recognized by law as the subject of rights and duties.
PUBLICLY OWNED PROPERTY - Any land which is owned, maintained, leased or managed
by the Town of Southold for any purpose whatsoever, including but not limited to, parks,
preserves, beaches and marinas.
Updated: 6/11/2012 12:07 PM by Lynda Rudder Page 2
Resolution 2012-491
Board Meeting of June 5, 2012
WATERFOWL - Those species of birds commonly known as "swans", "geese", and "ducks"
and any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife
Service, and are either migratory, nonmigratory, or resident fowl.
WATERWAYS - A general term referring to lakes, ponds, streams, creeks, stormwater basins,
and harbors.
§83-28. Prohibitions.
A. Waterfowl and Gull Feeding:
It shall be unlawful for any person to:
1. Feed or provide food for any waterfowl or gulls on publicly owned lands or
waterways within the Town of Southold at any time of year.
2. Create any condition which results in a congregation of waterfowl or gulls on
Town property which:
(a) results in an accumulation of waterfowl or gull feces or droppings;
(b) results in damage to flora, fauna or property;
(c) results in a threat or nuisance to the public health, safety or welfare;
(d) results in a threat to the health, safety or welfare of said waterfowl or
gulls.
B. Domestic Pet Waste:
It shall be unlawful for any person, owning, harboring, keeping, or in charge of any
domestic pet in the Town of Southold to permit or allow such domestic pet to soil, defile, or
defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach,
park, preserve 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. Any feces
disposed of in street storm collection systems is prohibited.
§83-29. Enforcement.
The provisions of this Article shall be administered and enforced by the Zoning Inspector and/or
Southold Town Police/Bay Constables who have the power to issue appearance tickets;
provided, however, that for the first year after the effective date of this law, such personnel shall
only issue warnings for violations of this law.
§83-30. Penalties for offenses.
Any person committing an offense against any provisions of this Article shall, upon conviction
thereof, be guilty of a violation punishable by a fine not exceeding $250.00.
§83-31. Statutory Authority.
In accordance with Section 10 of the Municipal Home Rule Law of the State of New York, the
Town Board of the Town of Southold has the authority to enact local laws and amend local laws
and for the purpose of promoting the health, safety or general welfare of the Town of Southold
and for the protection and enhancement of its physical environment.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
Updated: 6/11/2012 12:07 PM by Lynda Rudder Page 3
Resolution 2012-491 Board Meeting of June 5, 2012
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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doheny, Kmpski Jr., Evans, Russell
Updated: 6/11/2012 12:07 PM by Lynda Rudder Page 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
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
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To:
From:
Date:
Subject:
Ms. Elizabeth A. Neville, Town Clerk
Lynne Krauza
Secretary to the Town Attorney
June 12, 2012
LI_/ Waterfowl & Gull Feeding & Pet Waste - SEQRA
For your records, I am enclosing the original, fully executed Short
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 Scott to sign same.
If you have any questions, please do not hesitate to call me. Thank you
for your attention.
Ilk
Enclosures
617.20
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 2. PROJECT NAME ,,
Town of Southold "Amendments to Chapter 83
3. PROJECT LOCATION:
Municipality Southold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Town-wide
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY;
"A Local Law in relation to Amendments to Chapter 83, An mals, in connection w~th Waterfowl and Gull Feeding and Pet Waste"
7. AMOUNT OF LAND AFFECTED:
Initially N'~' acres 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:
All
10. DOES ACTION 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:
New York Department of State
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] 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 ~]No
Applicant/sponsor name: '~.~,/(.~ /q ~,~ .~ O C.~ 7~ (~ ~/*c:~/' Date: 6/4/12
If the action is in the Coastal Area and you are a state agency, complete the
Coas~l Assessment Fo~ before proceeding with th s 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, coo;dinate the review process and use the FULL EAF.
r~Yes r~No
E. 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.
~]Yes ['~-'~ No
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 levets, existing traffic pattern, setid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain bdefly:
None
C2. Aesthetic, agricolturah archaeological, historic, or other natural or co~tura~ resources; or community or neighborhood character? Explain briefly:
None
03. Vegetation or fauna, fish, shellfish or wilfllife species, significant habitats, or threatened or endangered spedes? Explain briefly:
None
04. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of tend 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
06, Long term, shmt 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 bbefiy:
None
O. 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:
Yes, however, the impact would be positive by reducing events capable of degrading water quality.
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, large, 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) irreversibility; (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.
] Checkthisb~xify~uhaveidentifled~ne~rm~rep~tentia~y~a~ge~rsigni~cantadverseimpactswhichMAY~ccur- ThenproceeddirectlytotheFULI
EAF and/or prepare a positive declaration,
] Check this boxif you have determined, based on the information and analysis above and any supporting docomentation, that the proposed action WILl
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Town of Southold 6/4/12
/~~ Name of Lead Agency
Scott Russell ~
Print~ o~Lead Agency
--~lgnaFum of'R~sf~onsible Officer in Lead Agency
Date
Supervisor
ngmt Title of Responsible Officer ~
Ute of Prepare?f different from~onsibie officer)
~,~ RESOLUTION 2012-490
~ffY ADOPTED DOC ID: 7920
THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-490 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 5, 2012:
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "_~A
Local Law in relation to Amendments to Chapter 83, Animals~ in connection with
Waterfowl and Gull Feeding and Pet Waste" 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 June 4, 2012, and authorizes Supervisor Scott A. Russell to sign the short form EAF
in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town
Code of the Town of Southold, Waterfront Consistency Review.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUSl
MOVER: Albert Krupski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
SOUTHOLD TOWN BOARD
PUBLIC HEARING
June 5, 2012
7:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Christopher Talbot
Councilwoman Jill Doherty
Town Clerk Elizabeth Neville
Town Attorney Martin Fiunegan
This hearing was opened at 7:50 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 l0th day
of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to
Chapter 83~ Animals~ in connection with Waterfowl and Gull Feeding and Pet
Waste" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public heating on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012 at 7:32 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~ in connection with Waterfowl and Gull Feeding and Pet
Waste" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~
Animals~ in connection with Waterfowl and Gull Feeding and Pet Waste".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Amendments to Chapter 83 Public Hearing 2
June 5, 2012
I. Purpose.
It is the intent of this Article to protect the health, safety and welfare of the
community and to assist the Town of Southold and its wildlife by prohibiting the feeding
of migratory, nonmigratory, or resident waterfowl and gulls within publicly owned land
or waterways of the Town of Southold. The feeding of waterfowl and gulls increases the
potential for damage to lands; can cause water quality problems, beach closures, and
contamination of shellfish growing areas; and increases the potential for the spread of
disease to residents. In addition, it is the intent of this 3aticle to protect the welfare of the
waterfowl and gulls themselves, since wildlife studies have shown that the feeding of
waterfowl and gulls can interrupt their normal migration pattems, cause nutritional
problems, and promote the spread of serious waterfowl and gulls' diseases such as avian
influenza, avian cholera, plague and botulism. This Article also expands the scope of the
Pooper Scooper Program to include a prohibition of leaving domestic pet waste on any
public property with a goal of further reducing non-point source pollutants and bacteria
levels in stormwater runoff entering waters of the Town.
II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
§83-6. Prohibited activities.
ARTICLE IV
Waterfowl and Gull Feeding and Domestic Pet Waste
.~83-17. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this
Chapter, have the meanings as herein defined. Any word or term not noted below shall
be used with a meaning as defined in Webster's Third International Dictionary of the
English Language, unabridged (or latest edition).
DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or
about the habitation of humans and is dependent on people for food and shelter.
Domestic pets include, but are not limited to, dogs, cats, horses, swine, donkeys, and
goats.
FEED or FEED1NG - To place, deposit, scatter, or distribute in a location accessible to
waterfowl or gulls any type of food, including but not limited to corn, wheat or other
Amendments to Chapter 83 Public Hearing 3
June 5, 2012
grains, bread, popcorn, scraps, or any substance liable to be eaten by the waterfowl or
gulls.
PERSON - An individual, association, firm~ syndicate, company, trust, corporation,
department, bureau or agency or any other entity reco..cmized by law as the subiect of
fights and duties.
PUBLICLY OWNED PROPERTY - Any land which is owned, maintained, leased or
managed by the Town of Southold for any purpose whatsoever, including but not limited
to, parks, preserves, beaches and marinas.
WATERFOWL- Those species of birds commonly known as "swans", "geese", and
"ducks" and any other waterfowl falling under the jurisdiction of the United States Fish
and Wildlife Service, and are either migratory, nonmigratory, or resident fowl.
WATERWAYS - A general term referring to lakes, ponds, streams, creeks, stormwater
basins, and harbors.
§83-18. Prohibitions.
A. Waterfowl and Gull Feeding:
It shall be unlawful for any person to:
1. Feed or provide food for any waterfowl or gulls on publicly owned lands
or waterways within the Town of Southold at any time of year.
2. Create any condition which results in a congregation of waterfowl or gulls
on Town property which:
(a) results in an accumulation of waterfowl or gull feces or droppings;
(b) results in damage to flora, fauna or property;
(c) results in a threat or nuisance to the public health, safety or
welfare;
(d) results in a threat to the health, safety or welfare of said waterfowl
or gulls.
B. Domestic Pet Waste:
It shall be unlawful for any person, ownln,% harboring, keeping, or in charge of
any domestic pet in the Town of Southold to permit or allow such domestic pet to soil,
defile, or defecate on any common thoroughfare, sidewalk, passageway, roadway,
highway, street, beach, park, preserve 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. Any feces disposed of in street storm collection
systems is prohibited.
§83-19. Enforcement.
The provisions of this Article shall be administered and enforced by the Zoning Inspector
and/or Southold Town Police/Bay Constables who have the power to issue appearance
Amendments to Chapter 83 Public Hearing 4
June 5, 2012
tickets; provided, however, that for the first year after the effective date of this law, such
personnel shall only issue warnings for violations of this law.
§83-20. Penalties for offenses.
Any person committing an offense against any provisions of this Article shall, upon
conviction thereof, be guilty of a violation punishable by a fine not exceeding $250.00.
§83-21. Statutory Authority.
In accordance with Section 10 of the Municipal Home Rule Law of the State of New
York, the Town Board of the Town of Southold has the authority to enact local laws and
amend local laws and for the purpose of promoting the health, safety or general welfare
of the Town of Southold and for the protection and enhancement of its physical
environment.
III. 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.
I have a notice from the LWRP coordinator Mark Terry, 'The proposed local law has
been reviewed to Chapter 268, Waterfront Consistency Review of the Town Code and the
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 LWRP policy standards and therefore is consistent with the LWRP.' A
letter from the Suffolk County Planning Department saying that this is a matter for local
determination and that it was posted in the Suffolk Times on May 24, 2012 and it was
posted on the Town Clerk's bulletin board on April 12, 2012. And that is all I have.
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this
particular local law? (No response) See, that's the one I thought you were all here for.
No one wants to comment on the pooper scooper law.
COUNCILMAN KRUPSKI: This is actually an important law, too, because it expands
our existing pooper scooper law and because of the MS 4 program we are trying to open
up more creeks to shellfishing and to keep existing creeks that are open, open to
shellfishing. And this will go a long way towards the state recognizing our efforts to
keep this type of animal waste out of the creeks. So it is actually an important law for
water quality.
Amendments to Chapter 83 Public Hearing
June 5, 2012
5
SUPERVISOR RUSSELL: Let me just also quickly mention for those who are using the
town's dog park, this law pertains to you. we are having a problem, you will probably
read about it in the local papers in the next few days, if you are using the dog park, you
must pick up after your dog. We simply don't have the resources to do it for you.
This hearing was closed at 7:54 PM
Southold Town Clerk
RESOLUTION 2012-490
ADOPTED DOC ID: 7920
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-490 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 5, 2012:
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A
Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with
Waterfowl and Gull Feeding and Pet Waste" 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 June 4, 2012, and authorizes Supervisor Scott A. Russell to sign the short form EAF
in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town
Code of the Town of Southold, Waterfront Consistency Review.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell
MARTIN D. FINNEGAN
TOWN ATTORNEY
mar tin.finnegan@tewn.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
j ennifer.an daloro@ town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
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
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To:
From:
Date:
Subject:
MEMORANDUM
Ms. Sandi Berliner
Lynne Krauza
Secretary to the Town Attorney
June 11, 2012
LUWaterfowl & Gull Feeding & Pet Waste - SEQRA
I am enclosing an original Short Environmental Assessment Form in
connection with the referenced matter. A copy of the resolution authorizing Scoff
to sign this document is also enclosed.
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
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. APPLICANT/SPONSOR /2. PROJECT NAME
Town of Southold /"Amendments to Chapter 83"
3. PROJECT LOCATION:
Municipality Southold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Town-wide
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modiflcationla,eration
6. DESCRIBE PROJECT BRIEFLY:
"A Local Law in relation to Amendments to Chapter 83, Animals, in connection with Waterfowl and Gull Feeding and Pet Waste"
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 [] No If No, describe
briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] Park/ForestJOpen Space [] Other
Describe:
All
; 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 perm~approvals:
New York Department of State
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
L~ Yes [] No If Yes, list agency(s) name and permit/approvals:
N^
12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r']Yes J~No
I CERTIFY THaT THE INFORMATIO~ P ROVIJ~E D ABOVE I~ TRUE T(~THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: '~ ~) (.x.J/~1 ~;) -J~ ~ ~) ./~.~ 7~ O ~/'c:~' Date: 6/4/12
Signature:
I If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment I
OVER
'
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A, DOES ACTION EXCEED ANY TYPE t THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF,
[~Yes ~:]No
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.
[--]Yes I~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWiNG: (Answers may be handwritten, if legible)
C1. Existing air quality, sun<ace or groundwater quality or quantity, ne[se levels, existing traffic patfem, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain bdefly:
None
C2. Aesthetic, agficuitural, archaeologicel, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife spedes, signiticant habitats, or threatened or endangered species? Explain briefly:
None
C4. A community's e3dsting plans or goals as offmially adopted, or a change in use or intensity of use of land or other natural resources? Exptain briefly:
None
C5. Growth, subsequent development, or related activities likery to be induced by the proposed action? Explain bdefly:
None
C6. Long term, short term, cumulative, or other effects not ideotified in C1 -C57 Explain briefly:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bpefly:
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 briefly:
Yes, however, the impact would be positive by reducing events capable of degrading water quality.
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: F~reachadversee~ectidentifiedabeve~determinewhetheritissubstantiaI~~arge~imp~rtant~r~therwisesigni~cant- 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 necessaPj, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identlfied and adequately addressed. If question D of Pan< II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental charactedstica of the CF-A.
] Check this box if you have idendfled one or more pofenUally la~ge or significant adverse impacts which MAY occur. Then proceed directly to the FUU
FAF and/or prepare a positive declaration.
] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WiLt
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding this determination
Town of Southold 6/4/] :2
~. Name of Lead Agency
Scott Russell
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
Date
Supervisor
,e~.~ Title of Responsible Officer
~gnature of Prepa.7 erent from~onsib e o icer)
, ~ RESOLUTION 2012-490
(~ ADOPTED DOC ID: 7920
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-490 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 5, 2012:
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A
Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with
Waterfowl and Gull Feeding and Pet Waste" 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 June 4, 2012, and authorizes Supervisor Scott A. Russell to sign the short form EAF
in accordance therewith, and is consistent with thc LWRP pursuant to Chapter 268 of the Town
Code of the Town of Southold, Waterfront Consistency Review.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
SUMMARY OF LL/WATERFOWL & GULL FEEDING & PET WASTE
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S
PUBLIC HEARING AMENDS CHAPTER 83 OF THE SOUTHOLD TOWN
CODE.
THE PURPOSE OF THE PROPOSED AMENDMENTS IS TO NOT ONLY
PROTECT THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY BUT
TO ALSO ASSIST THE TOWN AND ITS WILDLIFE BY PROHIBITING THE
FEEDING OF MIGRATORY, NONMIGRATORY, OR RESIDENT WATERFOWL
AND GULLS WITHIN PUBLICLY OWNED LAND OR WATERWAYS OF THE
TOWN.
THIS ARTICLE ALSO EXPANDS THE SCOPE OF THE POOPER SCOOPER
PROGRAM TO INCLUDE A PROHIBITION ON LEAVING DOMESTIC PET
WASTE ON ANY PUBLIC PROPERTY WITH A GOAL OF FURTHER
REDUCING NON-POINT SOURCE POLLUTION AND BACTERIA LEVELS IN
STORMWATER RUNOFF ENTERING WATERS OF THE TOWN.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR
REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the /d.t'c day of ,~..,q~,./~ ,2012, 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: Chpt 93 -Waterfowl, Gull Feeding & Pet Waste 6/5/12
Elizabeth ~. Neville
Southold Town Clerk
Sworn before me this
,/~ day of ~/~,_h~ ,2012.
~otary Public ~
LINDA J COO1'~5~
NOTARY PUBLIC, State of New
NO. 01CO4822563, Suffolk Cou ~t¥
Term Expires DecemPer 31,
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 l0th day of April, 2012, a Local
Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in
connection with Waterfowl and Gull Feeding and Pet Waste" 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 5th day of June, 2012 at 7:32 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~ in connection with Waterfowl and Gull Feeding and Pet
Waste" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~
Animals~ in connection with Waterfowl and Gull Feeding and Pet Waste".
BE IT ENACTED by the Town Board of the 1-own of Southold as follows'
I. Purpose.
It is the intent of this Article to protect the health, safety and welfare of the
community and to assist the Town of Southold and its wildlife by prohibiting the feeding
of migratory, nonmigratory, or resident waterfowl and gulls within publicly owned land
or waterways of the Town of Southold. The feeding'of waterfowl and gulls increases the
potential for damage to lands; can cause water quality problems, beach closures, and
contamination of shellfish growing areas; and increases the potential for the spread of
disease to residents. In addition, it is the intent of this Article to protect the welfare of the
waterfowl and gulls themselves, since wildlife studies have shown that the feeding of
waterfowl and gulls can interrupt their normal migration patterns, cause nutritional
problems, and promote the spread of serious waterfowl and gulls' diseases such as avian
influenza, avian cholera, plague and botulism. This Article also expands the scope of the
Pooper Scooper Program to include a prohibitio~ of leaving domestic pet waste on any
public property with a goal of further reducing non-point source pollutants and bacteria
levels in stormwater runoff entering waters of the Town.
II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
§83-6. Prohibited activities.
ARTICLE IV
Waterfowl and Gull Feeding and Domestic Pet Waste
§83-17. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this
Chapter, have the meanings as herein defined. Any word or term not noted below shall
be used with a meaning as defined in Webster's Third International Dictionary of the
English Language, unabridged (or latest edition).
DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or
about the habitation of humans and is dependent on people for food and shelter.
Domestic pets include, but are not limited to, dogs, cats, horses, swine, donkeys, and
goats.
FEED or FEEDING - To place, deposit, scatter, or distribute in a location accessible to
waterfowl or gulls any type of food, including but not limited to corn, wheat or other
grains, bread, popcorn, scraps, or any substance liable to be eaten by the waterfowl or
gulls.
PERSON - An individual, association, firm, syndicate, company, trust, corporation,
department, bureau or agency or any other entity recognized by law as the subject of
rights and duties.
PUBLICLY OWNED PROPERTY Any land which is owned, maintained, leased or
managed by the Town of Southold for any purpose whatsoever, including but not limited
to, parks, preserves, beaches and marinas.
WATERFOWL - Those species of birds commonly known as "swans", "geese", and
"ducks" and any other waterfowl falling under the jurisdiction of the United States Fish
and Wildlife Service, and are either migratory, nonmigratory, or resident fowl.
WATERWAYS - A general term referring to lakes, ponds, streams, creeks, stormwater
basins, and harbors.
§83-18. Prohibitions.
A. Waterfowl and Gull Feeding:
It shall be unlawful for any person to:
1. Feed or provide food for any waterfowl or gulls on publicly owned lands
or waterways within the Town of Southold at any time of year.
2. Create any condition which results in a congregation of waterfowl or gulls
on Town property which:
(a) results in an accumulation of waterfowl or gull feces or droppings;
(b) results in damage to flora, fauna or property;
(c) results in a threat or nuisance to the public health, safety or
welfare;
(d) results in a threat to the health, safety or welfare of said waterfowl
or gulls.
B. Domestic Pet Waste:
It shall be unlawful for any person, owning, harboring, keeping, or in charge of
any domestic pet in the Town of Southold to permit or allow such domestic pet to soil,
defile, or defecate on any common thoroughfare, sidewalk, passageway, roadway,
highway, street, beach, park, preserve 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. Any feces disposed of in street storm collection
systems is prohibited.
§83-19. Enforcement.
The provisions of this Article shall be administered and enforced by the Zoning Inspector
and/or Southold Town Police/Bay Constables who have the power to issue appearance
tickets; provided, however, that for the first year after the effective date of this law, such
personnel shall only issue warnings for violations of this law.
.~83-20. Penalties for offenses.
Any person committing an offense against any provisions of this Article shall, upon
conviction thereof, be guilty of a violation punishable by a fine not exceeding $250.00.
§83-21. Statutory Authoritv.
In accordance with Section 10 of the Municipal Home Rule Law of the State of New
York, the Town Board of the Town of Southold has the authority to enact local laws and
amend local laws and for the purpose of promoting the health, safety or general welfare
of the Town of Southold and for the protection and enhancement of its physical
environment.
III. 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.
Dated: April 10, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Town Clerk
Please publish on MAY 24, 2012 and forward one (1) affidavit of publication to
Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold, NY 11971.
Copies to the following:
The Suffolk Times
TC Bulletin Bd
Police Dept/Bay Constable
Town Board Members
Web site
Town Attorney
Zoning Inspector
#10704
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
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), successfully commencing on the
24th day of May, 2012. ~?~..~...~__ ~
Principal Clerk
Sworn to before me this
~'day
NOTARY PUBLIC-STATE OF NEW YORK
No. 01V06105050
Qualified In Suffolk County
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS tlEREBY GIVEN,
there has been presented to the Town
Board of the Town of Southold, Suffolk
County, New York, on the 10th day of
April, 2012, a Local Law entitled "A Lo-
cal Law in relation to Amendments to
Chapter 83. Animals. in connection with
Waterfowl and Gall Feeding and Pet
W~te" and
NOTICE IS HEREBY FURTHER
GIVEN that thc 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 thc 5th
day of June, 2012 at 7.32 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 ID Amendmenls lo
Chauler 83. Animals. in connection with
Waterfowl and Gull Feedint and Pet
Waste" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Lgw
in relation 1o Amendments to Chaoter
83. Animals~ in ~onnecBon with Water-
fowl and Gull Feedin~ and Pet Waste".
BE IT ENACTED by the Town Board
of the Town of Southold as follows: L Purpose.
It is the intent of this Article to pro
tect the health, safety and welfare of the
community and to assist the Town of
Southold and its wildlife by prohibiting
the feeding of migratory, nonmigratory,
or resident waterfowl and gulls within
publicly owned land or waterways of
the Town of Southold. The feeding of
waterfowl and gulls increases the po-
tential for damage to lands; can cause
water quality probIems, beach closures,
and contamination of shellfish growing
areas; and increases the potential for
the spread of disease to resident~ In
addition, it is the intent of this Article
to protect the welfare of the waterfowl
and gulls themselves, since wildlife
studies have shown that the feeding of
waterfowl and gulls can interrupt their
normal migration patterns, cause nutri-
tion al problems, and promote the spread
of serious waterfowl and gulls' diseases
such as avian influenza, avian cholera,
plague and botulism. This Article also
expands the scope of the Pooper Senn-
per Program to include a prohibition
of leaving domestic pet waste on any
public property with a goal of further
reducing non-point source pollutants
and bacteria levels in stormwater runoff
entering waters of the Town.
Il. Chapter 83 of the Code of the
Town of Southold is hereby amended as
follows:
§83-6. Prohibited activities.
ARTICLE IV
Waterfowl and Gall Feeding
below shall be used with a meaning as
DOMESTIC PET (ANIMAL) Any
and is denendent on neoole for food and
shelter. Domestic nets include, but are
not limited to. does. cats. horses, swine,
donkeys, and ~oat~
FEED or FEEDING - To ula¢~, de
t>osit, scatter, or distribute in a location
accessible to waterfowl or flails any typ_e
of food. including but not limited to
corn. wheat or other trains, bread. ~OD-
corn. scram, or any substance liable to be
eaten by the waterfowl or ~allx
PERSON - An individual associa-
tion. firm. syndicate, comnanv, trust, cor-
ooration, deoartment, bureau or agefi.cy
or any other entity recomxized bv law ~_s
the subject of rights and duties.
PUBLICLY OWNED PROPER~I~f
- Any land which is owned, maintained.
leased or manated by the Towrl of
WATERFOWL - Those soecies of
terfowl fallm~ under the Jurisdiction of
the United States Fish and Wildlife Scr-
§83-18. Prohibitions.
fowl or lulls on lmbliclv owned lands or
2. Create any condition which results
in a congreeation of waterfowl or gll[ls
on Town orooertv which;
(a~ results in an accumulation of wa-
terfowl or gull feces or droonin~s;
(b} results in damage to flora, fauna
or property;
(el results in a threat or nuisance to
thc nubile health, safety or welfare:
L~J results in a threat to the heahh.
s~af=tv or welfare of said walerfowl or
B. Domestic Pet Waste:
It shall be unlawful for any pc~
son. owninm harborbm, keevine, or in
charge of any domestic Del in the Town
of Southold to Permit or allow such do-
mes0c oct to soil. defile, or defecate on
any common thoroughfare, sidewalk,
passageway, roadway, hiehwav, streeL
beach. Dark. ~reserve or any other pub-
lic or Town-owned orooertv: or an'/
niece where neoole con~re~ate or walk;
or on any private DroCertv withou! !he
permission of thc owner of said ~ronert¥.
It shall be a violation of this Section un-
less all feces are immediately removed
bv said oerson in a sanitary manner ami
then sealed and deoosited in a ~arbege
container. Any feces disoosed of in street
storm collection systems is prohibited.
~3-19. Enforcement.
Thc ~rovisions o£ this Article shall be
administered and enforced bv the Zon-
§8~-20. Penalties for offenses.
a~ainst any Provisions of this Article
shall, uoon conviction thereo£ be euiltv
of a violation ounisbeble bv a fine not
exceedint $250.00,
IdAY 3 1 201~
Southold Town Clerk
,J!~: 4. 2(:112 ~ 42PM NO, 760, P. ~
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION ITo be completed by A[~plicant or Project Sponsor)
1, APPLICANT/SpONSOR !2' PROJECT NAME
To~vn of Southold /' Amcndment~ m Chapter 83'
3. PROJE. CT LOCATION;
MunidpalitY 8outhold Counb~ Suffolk
4. PRECISE LOCATION (Street address and mad intersectlons, prominent landmarks, ale.. or provide rnap)
Town-w~d¢
5. pROPOSEDACTION IS:
[] New [] E.xpsnsion [] Mod[ficatlon/alteratJo.
6 DESCRIBE PROJE~ BRIEFLY:
"A Loc~ ~w i~ rela~on to Amm~ents to Chapter 83, Anlma[~, in co~ectlon wi~ Wate~owl ~ Gull Feeding aud Pet ~aste
7. AMOUNTOF ~NDAFFECTED;
Initially ~A ams Ultima~ly NA
~ WILL PROPOSED A~ION COMPLY WI~ ~I~ING ZONING OR OTHER EXISTING ~ND USE RE~RICTIONS? ~ Yes ~ NO [f No, descri~ bti~
9. WHAT I$ PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Inctestda, [] Commercial
All
[] Ag~culturo [] Park/Forest~Open Space [] Other
DOES ACIlON INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULT MATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes [] No If Yes, list agency(s) name and pan'nil/approvals:
New York D~partrnent of S~.te
11.
DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [] No If Yes. list agency(s) name and permit/approvals:
NA
12 AS A RESULT OF PROPOSED ACTION V~LL EY, ISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[~Yes ~']No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Ap plic. anUSpo nsor name: Date; 6/4/12
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceedl,n..g with this assessment,
OVER
,A,. 4. 2~ 12' 3:a-2PM NO. 760 ? 2
PART II - IMPACT ASSESSMENT (To be completed by Lead A[lency)
A DOES ACTION EXCEED ANY TypF I THRESHOLD IN 6 NYCRR, PART 617-47 if yes, coo~ifinate the review process eno use t~e FULL ~AF.
~]Yes r~No
@. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS [N 6 NYCRR. PART 617,67 If No~ a negaflve
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (At,ewerS may be handwntten, If legible)
C3. Veg~ation or ~una, fish, shel~sh or wilifii~ spades, sign,=ut habitab, or threatened or endangered spedas? Explain brle~y:
Hone
None
D WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRLTICAL
ENVIRONMENTAL AREA (C~A)?
[] Yes [] No If Yes, explain briefly:
Yes, howcvcc, the impact would be positive by reducing events capable of de~'adi[~g water quality.
E i$ THERE. OR IS THERE LIKELY TO BE, CONTEOVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Ye~ [] No If Yes, explain briefly;
PART III - DETERMINATION OF SIGNIFICANCE ~To be completed by Agency)
INSTRUCTIONS: For each adveme effect identified above, cietermine whether il is substantial, large,/repellant or otherwise significant. Each
effect should be assessed in connectioll with i~ (a) setting (i.e. urban or rural); (b) probabllit~ of occurring; (c) duration: (d) irreversihilit'y; (e)
geocjraphic scope; and (f) magfiltude. If necessa~, add atlachments or reference supporting materials. Ensure that explanations contain
sulficen~deta teshowtha~aflrelevantadverseimpactshavebeenidentif~dandadequatetYaddresaed, ifquestionDefPartllwaschecked
yes, the determination of significance must evaluate the potentialimpact of the proposed action on the environmental chars ctecistic-~ of the CEA_,
] Check this bo~ if you have identified one or more potentially la~e et si@flificant adverse impacts Which MAY occur, Then proceed dLrectly 1~ the F U L[
FAF and/or prepaee a poslflve declaration.
[] Check this boxifyou have demrmlned, based on Ihe intermation end analysis above and any Supp°rting d°cOmenlati°n' that the pr°p°"~l acti°n W1Lt
NOT ~esutt in any significant adveme environmental impaCtS AND provide, on attachmeflts es necessary, the reasons suppo~tlng this determinafion
Town of $outhold
Name of Lead Agency
Scot~ Russell
Print or Type Name o[ Responsible Officer in Lead Agency
6/4/12
Date
Su!amwisor
g. ~sponsiPle Officer ~
natur~ of PmpaTf cl~e~onsit~le o~cer)
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
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
RECEIVED
To~
From:
Date:
Re:
MEMORANDUM
Elizabeth A. Neville, Town Clerk
Donald J. Wilcenski, Chairman, Planning Board
May 14, 2012
Resolution Numbers 2012-338 & 339: "A Local Law in Relation to
Amendments to Chapter 83, Animals, in connection with
Water Fowl and Gull Feeding and Pet Waste of the Code of the
Town of Southold
#AY 1 5 201~
Southold Town Clerk
Thank you for the opportunity to provide comments on the proposed
amendments to the Town Code referenced above.
The Planning Board has reviewed the proposed amendments and supports the
changes.
CC;
Scott Russell, Town Supervisor
Members of the Town Board
Town Attorney
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVEN BELLONE
SUFFOLK COUNTY EXECUTIVE
April 18, 2012
SARAH LANSDALE, AICP
Director of Planning
RECEIVED
Town of Southold
PO Box 1179
Southold, New York 11935
Att: Ms. Elizabeth A. Neville, Clerk
Applicant:
Zoning Action:
Public Hearing Date.:
Resolution No.:
S.C.P.D. File No.:
Dear Ms. Neville:
APR 2 3 2012
Southold Town Clerk
Town of Southold
Amendment; Chapter 83 "Animals in connection with
Waterfowl and Gull Feeding and Pet Waste"
June 5, 2012
2012-388
SD- 12-LD
Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suflblk County
Administrative Code, the above referenced application which has been submitted to the Suflblk
County Planning Commission is considered to be a matter for Local Determination as there is no
apparent significant county wide or inter-community impact. A decision of Local Determination
should not be construed as either an approval or disapproval.
Very truly yours,
Sarah Lansdale
Directpgr~ Planning
n rew P. Freleng/
Chief Planner
/
APF:ds
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLQOR P.O. BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
-'-/Jk, 4 2()12"'!1:17AM N0756 P. 1
OFFICE LOCATION;
To~n H~I1 Annex
~37~ State Route 25
(cor. Ma~n Rd. & ¥oun~$ Ave.)
Southold, ~ 11971
IHAILINGADDRESS:
P,O. Box 1179
Southold, NYl1971
Telephoner631 765-1938
F~: 631 765-3136
LOCAL WATERFRONT REVITALIT~A.TION PP~OGRAI~
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM
To:
Supervisor Scott Russell
Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: June 4, 2012
Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 83,
Animals, in connection with Waterfowl and Gull Feedin,q and Pet Waste"
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
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF 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
April 12, 2012
Re: Resolution Numbers 2012~ 338 & 339 "A Local
Law in Relation to Amendments to Chapter 83,
Animals, in connection with Waterfowl and Gull
Feeding and Pet Waste" of the Code of the Town
of Southold.
Andrew P. Freleng, Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freleng:
The Southold Town Board at their regular meeting held on April 10, 2012 adopted the
resolutions referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law is also being sent to the Southold Town Planning Board for their review.
The date and time for this public hearing is 7:32 PM, Tuesday, June 5, 2012. Please do not
hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Southold lown Clerk
Enclosure
cc: Town Board
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O Box 1179
Southold, NewYork 11971
Fax (63I) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 12, 2012
Re: Resolution Numbers 2012- 338 & 339 "A Local
Law in Relation to Amendments to Chapter 83
Animals, in connection with Waterfowl and Gull
Feeding and Pet Waste of the Code of the Town of
$outhold.
Donald Wilcenski, Chairman
Southold Town Planning Board
Southold Town Hall
53095 Main Road
Post Office Box 1179
Southold, New York 11971
Dear Mr. Sidor:
The Southold Town Board at their regular meeting held on April 10, 2012 adopted the
resolutions referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law is also being sent to the Suffolk County Department of Planning for their
review. The date and time for this public hearing is 7:3:2 PM, Tuesday, June 5, 2012, Please
do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
$outhold lown Clerk
Enclosure
cc: Town Board
RESOLUTION 2012-338
ADOPTED
DOC ID: 7776
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-338 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 10, 2012:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the l0th day of April, 2012, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull
Feeding and Pet Waste" 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
5th day of June, 2012 at 7:32 p.m. at ~vhich 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~ in connection with Waterfowl and Gull Feeding and Pet Waste" reads as follows:
LOCAL LAW NO. 2012
A Local La~v entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in
connection with Waterfowl and Gull Feeding and Pet Waste".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intent of this Article to protect the health, safety and welfare of the community
and to assist the Town of Southold and its wildlife by prohibiting the feeding of migratory,
nonmigratory, or resident xvatertbwl and gulls within publicly owned land or water*vays of the
Town of Southold. The feeding of waterfowl and gulls increases the potential for damage to
lands; can cause water quality problems, beach closures, and contamination of shellfish growing
areas; and increases the potential for the spread of disease to residents. In addition, it is the
intent of this Article to protect the welfare of the waterfowl and gulls themselves, since wildlife
studies have shown that the feeding of waterf'owl and gulls can interrupt their normal migration
patterns, cause nutritional problems, and promote the spread of serious waterfowl and gulls'
diseases such as avian influenza, avian cholera, plague and botulism. This Article also expands
the scope of the Pooper Scooper Program to include a prohibition of leaving domestic pet waste
on any public property with a goal of further reducing non-point source pollutants and bacteria
levels in stormwater runoff entering waters of the Town.
Resolution 2012-338
Board Meeting of April 10, 20t2
II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
~83-6. Prohibited activities.
ARTICLE IV
Waterfowl and Gull Feeding and Domestic Pet Waste
§83-17. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter,
have the meanings as herein defined. Any word or term not noted below shall be used with a
meaning as defined in Webster's Third International Dictionary of the English Language,
unabridged (or latest edition).
DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or about the:
habitation of humans and is dependent on people for food and shelter. Domestic pets inclnde.
but are not limited to, dogs, cats, horses, swine, donkeys, and goats.
FEED or FEEDING - To place, deposit, scatter, or distribute in a location accessible to
waterfowl or gulls any type of food, including but not limited to corn, wheat or other grains,
bread, popcorn, scraps, or any substance liable to be eaten by the waterfowl or gulls.
PERSON An individual, association, firm, syndicate, company, trust, corporation, department=
bureau or agency or any other entity recognized by law as the subject of rights and duties.
PUBLICLY OWNED PROPERTY Any land which is owned, maintained, leased or manage~d
by the Town of Southold for any purpose whatsoever, including but not limited to, parks,
preserves, beaches and marinas.
Updated: 4/10/2012 2:32 PM by Lynda Rudder Page 2
Resolution 2012-338 Board Meeting of April 10, 2012
WATERFOWL - Those species of birds commonly known as "swans", "geese", and "ducks"
and any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife
Service, and are either migratory, nonmigratory, or resident fowl.
WATERWAYS - A general term referring to lakes, ponds, streams, creeks, stormwater basins,
and harbors.
§83~18. Prohibitions.
A. Waterfowl and Gull Feeding:
It shall be unlawful for any person to:
Feed or provide food for any waterfowl or gulls on publicly owned lands or
waterways within the Town of Southold at any time of year.
Create any condition which results in a congregation of waterfowl or gulls on
Town property which:
(a)
(b)
(c)
(d)
results in an accumulation of waterfowl or gull feces or droppings;
results in damage to flora, fauna or property;
results in a threat or nuisance to the public health, safety or welfare;
results in a threat to the health, safety or welfare of said waterfowl or
gulls.
B. Domestic Pet Waste:
It shall be unlawful for any person, owning, harboring, keeping, or in charge of any
domestic pet in the Town of Southold to permit or allow such domestic pet to soil, defile, or
defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach,
park, preserve 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. Any feces
disposed of in street storm collection systems is prohibited.
§83-19. Enforcement.
The provisions of this Article shall be administered and enIbrced bv the Zoning Inspector and/or
Southold Town Police/Bay Constables who have the power to issue appearance tickets;
provided, however, that for the first year after the effectivc date o f this law, such personnel shall
only issue warnings for violations of this law.
§83-20. Penalties for offenses.
Any person committing an offense against any provisions of this Article shall, upon conviction
thereof, be guilty ora violation puuishable by a fine not exceeding $250.00.
Updated: 4/10/2012 2:32 PM by Lynda Rudder Page 3
Resolution 2012-338
§83-21. Statutory Authority.
Board Meeting of April 10, 2012
In accordance with Section 10 of the Municipal Home Rule Law of the State of New York, the
Town Board of the Town of Southold has tlhe authority to enact local laws and amend local laws
and for the purpose of promoting the health, safet,/or general welfare of the Town of Southold
and for the protection and enhancement of :its physical environment.
III. 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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoma~a
SECONDER: William Ruland, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Updated: 4/10/2012 2:32 PM by Lynda Rudder Page 4
RESOLUTION 2012-339
ADOPTED
DOC ID: 7778
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-339 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 10, 2012:
RESOLVED that the To~vn Board of the Town of Soathold hereby authorizes and directs the
Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to
Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull Feeding and Pet
Waste" to the Southold Town Planning Board and the Suffolk County Department of Planning,
for their recommendations and reports.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Page 1 ot'1
Cooper, Linda
From: Candice Schott [cschott@timesreview,com]
Sent: Thursday, April 12, 2012 10:17 AM
To: Cooper, Linda
Subject: RE: Chapter 83 Animals, Pet Waste 6-4-12
Hello again,
The 24th of May!!?? You are REALLY on top of things.
We are good to go for that date!
Candice
From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us]
Sent: Thursday, April 12, 2012 10:10 AM
To: tr-legals
Subject: Chapter 83 Animals, Pet Waste 6-4-12
This is the last one, promise!
Please confirm for the May 24 edition of the Suffolk Times.
Thanks again and have a great week
Linda Cooper
4/12/2012
RESOLUTION 2012-338
ADOPTED
DOC II): 7776
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-338 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 10, 2012:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the l0th day of April, 2012, a 1,ocal Law entitled "A Local Law in
relation to Amendments to Chapter 83~ Animals7 in connection with Waterfowl and Gull
Feeding and Pet Waste" noxv, 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
5th day of June, 2012 at 7:32 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 837
Animals~ in connection with Waterfowl and Gull Feeding and Pet Waste" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 837 Animals~ in
connection with Waterfowl and Gull Feeding and Pet Waste".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
It is the intent of this Article to protect the health, safety and welfare of the community
and to assist the Town of Southold and its wildlife by prohibiting the feeding of migratory,
nonmigratory, or resident watcr~bwl and gulls within publicly owned land or waterways of the
Town of Southold. The feeding of watertbwl and gulls increases the potential for damage to
lands; can cause water quality problems, beach closures, and contamination of shellfish growing
areas; and increases the potential for the spread of disease to residents. In addition, it is the
intent of this Article to protect the welt;are of the waterfowl and gulls themselves, since wildlife
studies have shown that the feeding of waterlbwl and gulls can interrupt their normal migration
patterns, cause nutritional problems, and promote the spread of serious watertbwl and gulls'
diseases such as avian influenza, avian cholera, plague and botulism. This Article also expands
the scope of the Pooper Scooper Program to include a prohibition of leaving domestic pet waste
on any public property xvith a goal of further reducing non-point source pollutants and bacteria
levels in stormwater runoff entering waters of the Town.
Resolution 2012-338 Board Meeting of April 10, 2012
!1. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
§83-6. Prohibited activities.
ARTICLE IV
Waterfowl and Gull Feeding and Domestic Pet Waste
§83-17. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter,
have the meanings as herein defined. Any word or term not noted below shall be used with a
meaning as defined in Webster's Third International Dictionary of the English Language,
unabridged (or latest edition).
DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or about the
habitation of humans and is dependent on people for food and shelter. Domestic pets include,
but are not limited to, dogs, cats, horses, swine, donkeys~ and goats.
FEED or FEEDING To place, deposit, scatter, or distribute in a location accessible to
~vaterfowl or gulls any type of lbod, including but not limited to corn, wheat or other grains,
bread, popcorn, scraps, or any substance liable to be eaten by the waterfowl or gulls.
PERSON - An individual, association, firm. syndicate, company, trust, corporation, department,
bureau or agency or any other entity recognized by law as the subiect of rights and duties.
PUBI,ICLY OWNED PROPERTY Any land which is owned, maintained, leased or managed
by the Town of Southold for any purpose whatsocver, including but not limited to, parks.
preserves, beaches and marinas.
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Resolution 2012-338 Board Meeting of April 10, 2012
WATERFOWL Those species of birds commonly known as "swans", "geese", and "ducks"
and any other xvaterfowl falling under the iurisdiction of the United States Fish and Wildlife
Service, and are either migratory, nonmigratory~ or resident lbwl.
WATERWAYS - A general term referrin~ to lakes, ponds, streams creeks, stormwater basins,
and harbors.
§83-18. Prohibitions.
A. Watertbwl and Gull Feeding:
It shall be unlawful fbr any person to:
Feed or provide lbod for any waterfowl or gulls on publicly owned lands or
waterways within the Town of Southold at any time of year.
Create any condition which results in a congregation of waterfowl or gulls on
Town property which:
(a)
(b)
(c)
(d)
results in an accumulation of watertbwl or gull feces or droppings;
results in damage to flora, fauna or property;
results in a threat or nuisance to the public health, safety or welfare;
results in a threat to the health, safety or welfare of said waterfoxvl or
gulls.
B. Domestic Pet Waste:
It shall be unlaxvful for any person, owning, harboring, keeping, or in charge of any
domestic pet in the Town of Southold to permit or alloxv such domestic pet to soil, defile, or
defecate on any common thoroughfare, sidewalk, passageway, roadway, highwa,/, street, beach,
park, preserve or any other public or Town-owned property; or any place where people
congregate or walk; or on any private property ~vithout 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. Any feces
disposed of in street storm collection systems is prohibited.
.l:}83-19. Enforcement.
The provisions of this Article shall be administered and enforced by the Zoning Inspector and/or
Southold Town Police/Bay Constables who have the power to issue appearance tickets;
provided, however, that for the first year after the effective date of this law, such personnel shall
only issue warnings tbr violations of this law.
§83-20. Penalties for offenses.
Any person committing an offense against any provisions of this Article shall, upon conviction
thereof, be guilty ora violation punishable by a finc not exceeding $250.00.
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Resolution 2012-338
§83-21. Statutory Authority.
Board Meeting of April 10, 2012
In accordance with Section 10 of the Municipal Home Rule Law of the State of New York, the
Town Board of the Town of Southold has the authority to enact local laws and amend local laws
and Ibr the purpose of promoting the health, safety or general welfare of the Town of Southold
and for the protection and enhancement of its physical environment.
IlL SEVERABILITY
If any clause, sentence, paragraph, section, or part of this l.ocal I.aw 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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED IUNANIMOUSI
MOVER: Jill Doherty, Councilwoman
SECONDER: William Ruland, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr.. Evans, Russell
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