HomeMy WebLinkAboutArticle 7 letter 2011 STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
Division of Animal Industry
Alblny, New Yo~k t 2235
518-457-3502
December 9, 2011
Carole A. Geiss
2155 Long Creek Drive
Southold, New York 11971-5313
Dear Ms. Geiss,
I am in receipt of your letter dated November 30, 2012. It appears
we had a misunderstanding dudng our phone conversation of November
17. I apologize if I gave the impression that I agrccd with your
conclusions on the lack of authority of NFAVVL to function as a dog control
.Officer. That was. definitely not my intent. In Order tO aVoid further
confusion I will once a{)ain review oUr P0sition~ ;:
: Section 113~2 of Article 7 gives the mu~icipa!ity the authority to
contract for dog control services with '.~.any incorporated humane society
or similar incorporated dog pretective association..." The North Fork
Animal Welfare League is an active incorporated nonpror~ organization as
listed on the Department of State webpage. By the nature of their name I
am assuming they meet this definition and the town can legally contract
with them for dog control services. Article 7 does not require the
contractor to specifically designate an individual as DCO only that they
supply dog control services. The Town of Southold has gone the extra
step of recognizing through the contract that Gillian Wood Pultz and
Bethany Clark Montoya have been designated as DCO's by the NFAWL.
In my opinion this is a positive for the community as theY are identifiable
as the DCO's.
Section 113.3 gives specific authority to DCO's to issue
appearance tickets, etc. It is my interpretation and I believe the intent of
the law that the powers enumerated in 113.3 would apply, to DCO's
operating under an appropriate contractual agreement Under !113.2. It is a
limited authority and dOes not extend beYOnd enfOrcement of Article 7.
Based on the contract I have seen it is the position of the Division
of Animal Industry that the Town of S°uthold has properly engaged the
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NFAWL to supply shelter and DCO services and in this respect is in
compliance with Article 7.
Cc
David Smith, Director DAI
Rick Arnold, Esq.
Scoff A. Russell, Town of Southold Supervisor
Sean Waiter, Town of Riverhead Supervisor