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HomeMy WebLinkAboutLL 2012 #13SOUTHOLDTOWNBOARD PUBLIC HEAR~G November 7, 2012 7:02 PM Present: Supervisor Scott Russell Town Justice Louisa Evans Councilman Albert ICmpski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Clerk Elizabeth Neville Town Attorney Martin Fiunegan This hearing was opened at 7:08 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 9th day of October, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animais~ in connection with Pet and Livestock 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 7th day of November, 2012, at 7:02 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 Pet and Livestock Waste" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Anlmals~ in connection with Pet and Livestock Waste". BE 1T 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 clarify the distinction between domestic pet (animal) and domestic livestock. This Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. 2 II. Chapter 83 of the Code of the Town of Southold is hereby mended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock 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, and cats.., horge:, DOMESTIC LIVESTOCK - Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. §83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock 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 or disposed of in a manner consistent with the Town of Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. II1. 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 that it was posted October 25, 2012 in the Suffolk Times and it was posted on the Town Clerk's bulletin board on October 10, 2012. I have some correspondence here, one is from Donald Wilcenski, chairman of the Planning Board. "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 adoption of this legislation." From Mark Terry, principal planner and LWRP coordinator, "The proposed action has been reviewed to the New York State Department of Environmental Conservation regulation 6 NYCCRR part 617 state environmental quality review and it is my determination that pursuant to part 617.5 C 27, the action as proposed is a type II action and therefore not subject to SEQRA review." I have a letter from Mark Terry, LWRP coordinator, "The proposed legislation has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold, LWRP policy standards. Based upon the information provided to this department as well as 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." And from Chief Planner, Sara Lansdale Director of Planning and Andrew Freleng, Chief Planner Suffolk County, "Pursuant to the requirements of sections A 14-14 through A 14-25 of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant county wide or inter-community impacts and a decision of local determination should not be construed as either an approval or a disapproval." That is it. SUPERVISOR RUSSELL: I am going to ask if there is anyone who would like to come up and address the Town Board on this particular local law? SAMANTHA PERRY: Samantha Perry, Southold. We have all been through this a bunch of different times and we are having a big issue with the wording, now the wording in there is you are requiring us to immediately remove any manure on any kind of public land including roadways, so that right there poses a huge safety risk for any of us riding. And I know you guys are bouncing back to the MS 4 requirement and I don't know and I can't find anywhere in there where it says that you need to require us to remove any kind of livestock manure. So if you can maybe tell me where that state it? I got correspondence from the EPA and they said yes, that it was up to the town to impose, "The town has the ability to decide what specific practices are necessary to meet the requirements of the permit" but I was wondering where within that whole document of permits says that livestock waste has to be removed anyway. Because I couldn't find it. SUPERVISOR RUSSELL: She wants to know what is compelling us under the MS 4 to even require removal of pet waste. MS. PERRY: Well, I understand pet waste .... 4 SUPERVISOR RUSSELL: We have an ongoing relationship with the DEC, the people who are in charge of.... MS. PERRY: I understand the pet waste because I found where it says pet waste but now it doesn't have any, now that we have established that horses are livestock. SUPERVISOR RUSSELL: That's really where we are going? MS. PERRY: Well .... SUPERVISOR RUSSELL: We just changed this code for you, despite the fact that we published... MS. PERRY: But now you are saying that we have to do it immediately. SUPERVISOR RUSSELL: But, no, no, no or disposed of in a manner consistent with the Town of Southold's management plan. We culled that out so you can go to Laurel Lake and if you look at the management plan, there are areas where you have no requirements to remove it at all. That's why there is the or in that. I am going to ask the Board to help clarify. I believe that, the genesis of this was to say that if you are on a trail that is not near that sensitive eco-system, there is no requirement to remove it at all. That is why we referred to the management plan. COUNCILMAN TALBOT: I am reading it here, it is underlined, this was added. "Or disposed of in a manner consistent with the Town of Southold's management plan for the particular publicly owned property." MS. PERRY: Okay, so we are riding down the road, what is the management plan for the public road? SUPERVISOR RUSSELL: Okay, that would be, that would require the removal. Now is the wording too draconian, in other words, is it the immediate, is that the concern? MS. PERRY: Yes. SUPERVISOR RUSSELL: Or the removal at all? MS. PERRY: Well, immediate is a problem. A big problem because it just doesn't work. You know, yeah. On a trail or on a road. SUPERVISOR RUSSELL: Can we change the language to simply say, unless all feces arc removed in a timely fashion by said person in a sanitary manner? Would that suffice? MS. PERRY: That would help. Well .... 5 TOWN ATTORNEY FINNEGAN: When would you propose to remove it? I mean, I guess that is the confusion here. SUPERVISOR RUSSELL: Timely seems to be ambiguous enough to give you, you know the word immediately would be stricken. MS. PERRY: Yes, that is a big issue. SUPERVISOR RUSSELL: Well, then I just tried to address it and I am not going to throw things in the dark here. You give me specific language that works then. If the timely removal doesn't work, what does? MS. PERRY: Anybody else have any ideas? I am good then. SUPERVISOR RUSSELL: Any other issues? VITO DIVELLO: Good evening. Rocky DiVello, Mattituck. I believe, our concerns are mostly safety concems. The matter of dismounting as you are tiding, it is much easier and safer to come back later on which we do, and clean up after ourselves. I have gone back an hour later and cleaned up with my pickup track. But to dismount on a public road and try to do this and then handle livestock and keep him tied safely and all of that, you can just visualize what kind of situation would arise. SUPERVISOR RUSSELL: Sure. MR. DIVELLO: That is my concern and I believe it is the concem of most of our group. COUNCILWOMAN DOHERTY: I think Supervisor Russell, excuse me for interrupting but I think when he said timely, you can tide and then come back. MR. DIVELLO: Yes, that kind of gives you a little leeway, when you are done tiding to come back and cleanup. If you notice our group, we are very responsible in parades and everything, we always clean up after ourselves, even before it was a regulation. We have always done that, just being a good neighbor and trying to keep everybody happy pretty much. But that is really our, I believe, isn't that our concern? About safety, for everyone. TOWN ATTORNEY FINNEGAN: But I think the point has to be made the law isn't necessarily drafted to go chasing alter people like your group who are responsible, it has to be... MR. DIVELLO: I understand, you can't paint everyone with one brush. TOWN ATTORNEY FINNEGAN: ...maybe are just going to ignore this problem and we are mandated under MS 4 and I can't quote you chapter and verse as I sit here but we are required to deal with this type of waste going into stormwater runoff. So there has to be a way to deal with it. certainly the intent of the law is not to compromise anyone's safety, it is to deal with waste. I know for myself where I live, people come through on Halloween and ride their horses through and they don't come back immediately or otherwise to pick up so it does occur where people .... MR. DIVELLO: I understand. TOWN ATTORNEY FINNEGAN: They could make a modification to the issue of the timeliness of it, I don't think is a major substantive change here that we would have to re- notice this for a third time because....but this is probably going to be it for the Town Board in terms of addressing this law because it has to be done. MR. DIVELLO: The other matter is, we do appreciate, I mean, how do you go three or four miles back in the woods and cleanup way back in the woods? In environmentally safe, sensitive areas I understand what you are saying. COUNCILMAN ICRUPSKI: There might be places that are marked at some point in a preserve where it is really going to be a no discharge zone but for the most part, you would think most of the preserves would be a natural state and you wouldn't have to worry about it. MR. DIVELLO: I mean, I can see parking lots and roads and things like that, where people are. COUNCILMAN KRUPSKI: But as far as, how about if we just take 'immediately' out of it completely? Just be removed. COUNCILMAN TALBOT: It shall be a violation of this section unless all feces are removed by said person in a sanitary manner and then sealed and deposited in a garbage container. COUNCILMAN KRUPSKI: Right. COUNCILMAN TALBOT: It covers the same purpose here, it is being removed. It is not saying immediately and it would be right in line with what you are doing. SUPERVISOR RUSSELL: Can I get a consensus? If we just remove that. COUNCILMAN KRUPSKI: Just remove the word immediately. SUPERVISOR RUSSELL: Just remove the word immediately. MR. DIVELLO: Is that okay with everybody? COUNCILMAN TALBOT: It still says remove it. It is still addressing the problem. UNIDENTIFIED: Inaudible comments. COUNCILMAN KRUPSKI: No, no. it might not be an issue. It depends on the management plan for each town property. MR. DIVELLO: Like if you are near the lake or something like that. COUNCILMAN KRUPSKI: Right. You are in a gully by the lake, you don't want it washing right into it but if you are not .... MR. DIVELLO: I think that is fair. COUNCILMAN TALBOT: I think it will work and it addresses your concerns. UNIDENTIFIED: Inaudible comments from audience. COUNCILMAN TALBOT: Right, this will work. MR. DIVELLO: It works for me. My issue is the safety issue and just, I mean I just can't picture horses with giant diapers on, it just doesn't .... SUPERVISOR RUSSELL: We are not suggesting that, we are actually looking for the language that is going to meet your needs tonight. MR. DIVELLO: Okay. Well, that's my issue and .... SUPERVISOR RUSSELL: So we are striking the word immediately. Is there a consensus on that? MR. DIVELLO: Yes. That's it for me. SUPERVISOR RUSSELL: Would anybody else like to address us on this? Anymore before we close this? Because I just want to get through the rest of my term without talking about this issue at all. (No response) This heating was closed at PM Elizabeth A. Neville Southold Town Clerk ANDREW M. CUOMO GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 CESAR A. PERALES SECRETARY OF STATE December 7, 2012 Lynda M. Rudder, Deputy Town Clerk Office of the Town Clerk Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 RECEIVED DEC 1 2 2012 Southold Town Clerk RE: Town of Southold, Local Law No. 13 of the Year 2012, filed on November 21, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law forms may be obtained from the Department of State's website at www.dos.ny, gov. Sincerely, State Records & Law Bureau (518) 474-2755 VVWW.DOS.NY.GOV E-MAIL: INFO~DOS.NY.GOV Page 1 of 1 Rudder, Lynda From: Sent: To: Subject: Rudder, Lynda Wednesday, November28,2012 10:24 AM 'ezsupp' 11#13 Attachments: LL #13.doc 11/28/2012 Southold Town Board - Letter Board Meeting of November 7, 2012 RESOLUTION 2012-822 ADOPTED Item # 5.12 DOC ID: 8245 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-822 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2012: RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, 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: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated November 8, 2012 Page 17 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF V/TAL 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 November 19, 2012 Express Mail RE: EM390736704US Local Law No. 13 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 the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 13 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 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing 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. ~q County [] City [] Town of SOUTHOLD [] Village Local Law No. 13 of the year 2012. A Local Law entitled, A Local Law in relation to Amendments to Chapter 83, Animals, in connection with Pet and Livestock Waste Be it enacted the Town Board of the: Cl County [] City [] Town of SOUTItOLD [] Village I. Purpose. It is the intent of this Article to protect the health, safety and welfare of the community and to clarify the distinction between domestic pet (animal) and domestic livestock. This Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock 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, and cats. DOMESTIC LIVESTOCK - Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. §83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock 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 removed by said person in a sanitary manner and then sealed and deposited in a garbage container or disposed of in a manner consistent with the Town of Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev,05/05) 2 (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. 13 of 20 12 . of the (Czxx.~')(C~.~')(Town) (V:.'.'.age) of SOUTHOLD was duly passed by the TOWN BOARD on November 7 ,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 approvedXrepassed 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 (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. * Elective Chief Executive Officer means or Includes 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 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. 3 5. (City local law concerning Charter revision proposed by petition.) 1 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 ora 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.) l 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 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 1 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. Clerk of t e~ounty-legislat'ive'bo--"dy~.. City.-To-~vn or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: November 9~ 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 contains t~ri:e~e,,xt and that all proper proceedings have been had or taken for the enactment of the local law annexed ~ '~ ? Signature ~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq, Assistant Town Attorney Title Town of SOUTHOLD Date: November 9, 2012 4 RESOLUTION 2012-826 ADOPTED DOC ID: 8242 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-826 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2012: WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of October, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste" 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 therefore be it RESOLVED 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 Pet and Livestock Waste" that reads as follows: LOCAL LAW NO. 13 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock 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 clarify the distinction between domestic pet (animal) and domestic livestock. This Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. Il. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock 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). Resolution 2012-826 Board Meeting of November 7, 2012 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, and cats.., DOMESTIC LIVESTOCK - Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. §83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock to soil, defile, or defecate on any common thoroughibxe, 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 removed by said person in a sanitary manner and then sealed and deposited in a garbage container or disposed of in a manner consistent with the Town of Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 11/9/2012 10:48 AM by Lynda Rudder Page 2 RESOLUTION 2012-826 ADOPTED DOC ID: 8242 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-826 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2012: WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of October, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, in connection with Pet and Livestocl~ 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 therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendme~its to Chapter 83~ Animals, in connection with Pet and Livestock Waste" that 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 Pet and Livestock 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 clarify the distinction between domestic pet (animal) and domestic livestock. This Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock 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). Resolution 2012-826 Board Meeting of November 7, 2012 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, and cats. DOMESTIC LIVESTOCK - Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. §83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock 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 removed by said person in a sanitary manner and then sealed and deposited in a garbage container or disposed of in a manner consistent with the Town of Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. II1. 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 AS AMENDED [UNANIMOUS] MOVER: Albert Kmpski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 11/7/2012 9:31 PM by Elizabeth A. Neville Page 2 cooper, Linda From: Sent: To: Cc' Subject: Neville, Elizabeth Thursday, November 08, 2012 7:45 AM Cooper, Linda (Linda,Cooper@town.southold.ny.us); Rudder, Lynda (lynda.rudder@town.southold.ny.us); Doroski, Bonnie (Bonnie. Doroski@town,southold.ny.us); camLhydell@town.southold.ny.us; Norklun, Stacey (Stacey. Norklun@town.southold.ny.us); Sepenoski, John Finnegan, Martin; Krauza, Lynne 11/7/12 TB Resolutions All of the Resolutions were adopted with the exception of the following: #807 Tabled again #820 Adopted as Amended, added date of December 4, 2012 ~ ~(..,v~ ~)'/~ ~ #826 Adopted as amended, deleted the word "immediately from Sec. 63-28 8. line 7 olizabeth A. Neville, MMC uthold Town Clerk PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 RESOLUTION 2012-822 ADOPTED DOC ID: 8245 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-822 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2012: RESOLVED that thc Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, 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: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell #10899 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 25th day of October, 2012. Principal Clerk Sworn to before me this ,~ day of an relation to Amend ~"'~ 83 Anita i ments to Chater E IT ENACTED by the Town Board ~ of the Town of Southold as fo low ~ I Purpose. s: It is the n ent of ' . Jtec thehea thsAmcle o ro- c . /th, safely and we[£ P l ommumtyand cc '-- ~reofthe J tw~en domestic pe (animal) and do which domestic Town of Southold is hereby amended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock Waste §83-27. Definitions. Unless otherwise expressly stated.thc fo ow ng terms shall, for the purpose of this Chapter, have the meanings as here- in 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, un- abridged (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, and cats.., -.. ~. ged by any court of co to be ~nvahd, the judgment shall not affect the validity of this law as awhole or an,, ~ thepartsod~:~d~art thereof other than d to be uncons ' BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD pet waste and domeslic livestock waste Elizabeth A. Neville must be removed from public r . IL Chapter 83 of the C~-~p ope~rty. ~ 10 899-1T 10/25 Town Clerk [~ JCV ,,, 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01 V06105050 Quolified in Suffolk County My Commission Expires Febcuory 28, 2016 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the th Town of Southold, Suffolk County, New York, on the 9 day of October, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock 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 7m day of November, 2012, at 7:02 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 Pet and Livestock 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 Pet and Livestock 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 clarify the distinction between domestic pet (animal) and domestic livestock. This Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock 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, andcats.., ....... ~' ......... , ....... :~, ...... ~ ..... : ~, DOMESTIC LIVESTOCK - Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. §83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock 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 or disposed of in a manner consistent with the Town of Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. 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: October 9, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Please publish on October 25~ 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 Town Board Members Web site Town Attorney STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly swom, says that on the day of ~c4t- ,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: Chapter 83 11-7-12 (_JElizabeth A. Neville Southold Town Clerk Sworn before me this //~ day of ~__~ ,2012. ~qot'ary P([blic LINDA d COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk Cour Term Exp res December 31,20 Southold Town Board - Letter Board Meeting of October 9, 2012 RESOLUTION 2012-766 ADOPTED Item # 5.26 DOC ID: 8187 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-766 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TO'vVN BOARD ON OCTOBER 9, 2012: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of October, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of November, 2012, at 7:02 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 Pet and Livestock 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 Pet and Livestock 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 clarify the distinction between domestic pet (animal) and domestic livestock. This Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. Il. Chapter 83 of the Code of the Town of Southold is hereby amended as tbllows: ARTICLE IV Waterfmvl and Gull Feeding and Domestic Pet/Livestock Waste §83-27. Definitions. Generated October I0, 2012 Page 48 Southold Town Board - Letter Board Meeting of October 9, 2012 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 uot limited to, dogs, and *' ......... :-~ '~"~ .......'~ gc, ats. cats.., DOMESTIC LIVESTOCK - Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. §83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock 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 properly. 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 or disposed of in a manner consistent with the Town of Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. II1. 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 Gcnerated October 10, 2012 Page 49 Southold Town Board - Letter Board Meeting of October 9, 2012 Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ABSENT: Jill Doherty Generated October 10, 2012 Page 50 Resolution 2012-766 Board Meeting of October 9, 2012 but are not limited to, dogs, and cats.., kc=cz,~"'";-~.....~, d~.r2~cyz, and gcat:. DOMESTIC LIVESTOCK - Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. §83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock 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 or disposed of in a manner consistent with the Town of Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. 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: Christopher Talbot, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ABSENT: Jill Doherty Updated: 10/9/2012 10:53 AM by Lynne Krauza Page 2  RESOLUTION 2012-766 ADOPTED DOC ID: 8187 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-766 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 9, 2012: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of October, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of November, 2012, at 7:02 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 Pet and Livestock 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 Pet and Livestock 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 clarify the distinction between domestic pet (animal) and domestic livestock. This Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. Il. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock 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, COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner RECEIVED Southold Town Clerk Division of Planning and Environment Town of Southold P.O. Box 1179 Southold, New York 11935 Att: Elizabeth A. Neville, Town Clerk October 25, 2012 Applicant: Town of Southold Zoning Action: Amendment: Chapter 83 "Animals, in Connection with Pet and Livestock Waste" Resolution No.: 2012-766 Public Hearing Date: Nov. 7, 2012 S.C.P.D. FileNo.: SD-12-LD Dear Ms. Neville: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Chief Plann6r ~ APF:mc H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY t 1788-0099 · (631) 853-5191 PLANNING BOARD MEMBERS DONALD J. WILCENSK1 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 MEMORANDUM RECEIVED NOV 7 ~12 To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner ' LWRF' Coordinator 5outhold Town Clerk Date: November 7, 2012 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, in connection with Pet and Livestock 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 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, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM RECEIVED ): Scott Russell, Supervisor Members of the Southold Town B,~ From: MarkTerry, Principal Planner ~ LVVRP Coordinator Southold Town Clerk Date: November 7, 2012 Re: A Local Law entitled,_"A Local Law in relation to Amendments to Chapter 83, Animals, in connection with Pet and Livestock Waste" The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5C(27), the action, as proposed, is a Type II action and therefore not subject to SEQRA review. Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILL/AM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southald, 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: MEMORANDUM RECEIVED Elizabeth A. Neville, Town Clerk Donald J. VVilcenski, Chairman ~)~,) October 23, 2012 OCT 2 4 2012 $outhold Town Clerk Resolution Number 2012-"766 & 768: "A Local Law in Relation to Amendments to Chapter 83, Animals, in Connection with Pet and Livestock Waste" of the Code of the Town of Southold. 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 adoption of this legislation. CC; Scott Russell, Town Supervisor Members of the Town Board Town ^ttorney 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.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 12, 2012 Re: Resolution Numbers 2012- 766 & 768 "A Local Law of the Town of Southold in Relation to Amendments to Chapter 83, Animals, in Connection with Pet and Livestock Waste "of the Code of the Town of Southold. Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on October 9, 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 7:02 PM, Tuesday, November 7, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold Town 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 (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 12, 2012 Re: Resolution Numbers 2012 - 766 & 768 "A Local Law of the Town of Southold in Relation to Amendments to Chapter 83, Animals, in connection with Pet and Livestock Waste" of the Code of the Town of Southold Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town 8oard at their regular meeting held on October 9, 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 8oard for their review. The date and time for this public hearing is 7:02 P.M., Tuesday, November 7, 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 Town Attorney RESOLUTION 2012-766 ADOPTED DOC ID: 8187 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-766 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 9, 2012: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of October, 2012, a Local Law entitled A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of November, 2012, at 7:02 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 Pet and Livestock 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 Pet and Livestock 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 clarify the distinction between domestic pet (animal) and domestic livestock. This Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE lV Waterfowl and Gull Feeding and Domestic Pet/Livestock 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). Resolution 2012-766 Board Meeting of October 9, 2012 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, and cats.., ....... , ....... , ...... ~ ~, .... r. ..... DOMESTIC LIVESTOCK - Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. {}83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock 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 or disposed of in a manner consistent with the Town of Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ABSENT: Jill Doherty Updated: 10/9/2012 t0:53 AM by Lynne Krauza Page 2 RESOLUTION 2012-768 ADOPTED DOC ID: 8189 THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-768 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 9, 2012: RESOLVED that the Town Board of the Town of Southold 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 Pet and Livestock 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: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ABSENT: Jill Doherty Page I of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, October 10, 2012 10:41 AM To: Reisenberg, Lloyd Subject: Chapter 83, Animal, Livestock waste 11-7-12 Attachment~: Chapter 83, Animal, Livestock waste 11-7-12.doc when you get a chance, please post on the website. thank you Icoop 10/10/2012 Page I of 1 Cooper, Linda From: Candice $chott [cschott@timesreview.com] Sent: Wednesday, October 10, 2012 11120 AM To: Cooper, Linda Subject: RE: Chapter 83, Animal, Livestock waste 11-7-12 Hi Linda, I have received the notice and we are good to go for the ~L0/25 issue. Thanks and have a great day! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Wednesday, October 10, 2012 10:40 AM To: tr-legals Subject: Chapter 83, Animal, Livestock waste 11-7-12 Good morning on this dreary, rainy Wednesday morning. Please confirm receipt of this Legal Notice for the 10/25/12 edition of the Suffolk Times. Thanks! Icoop 10/10/2012