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HomeMy WebLinkAboutTOR RES 164 Office of the Town Clerk Diane M. Wilhelm, Town Clerl~ Registrar of Vital Statistics Records Management Officer Marriage Officer February 25, 2013 Suffolk County Planning Department LI. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on February 20, 2013. Resolution# -ADOPTS A LOCAL LAW AMENDING CHAPTER 58 ENTITLED "DOGS" OF THE RIVERHEAD TOWN CODE If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, ;;4, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901~ (631)727-3200 Ext. 260 ~ Fax (63t)208-4034 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of VitaI Statistics Records Management Officer Marriage Officer February 25, 2013 We would appreciate your signing this letter acknowledging receipt of the Resolution and returning it to the Office of the Riverhead Town Clerk. (Resolution# 164 Town Board Meeting 2.20.13) Sincerely, Diane M. Wilhelm Town Clerk Signature: date: ~/~L~_~/~"-~ DW:cd 200 Howell Avenue ~ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 02.20.13 ADOPTED 130164 TOWN OF RIVERHEAD Resolution # 164 ADOPTS A LOCAL LAW AMENDING CHAPTER 58 ENTITLED "DOGS" OF THE RIVERHEAD TOWN CODE Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Giglio WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 58 entitled "Dogs" of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 5th day of February 2013 at 2:05 o'clock p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 58 entitled "Dogs" of the Riverhead Town Code be and is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached notice of adoption once in the News Review, the official newspaper, and to post same on the signboard at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device, and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio [~Yes E~No Gabrielsen ~]Yes E~No Wooten []Yes F-]No Dunleavy [~Yes E]No Walter ~;;~Yes [--INo The Resolution Was [] Thereupon Duly Declared Adopted TA 2-20-13 Adopt Amendments to Chap.58 DOGS TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead adopted a local law amending Chapter 58 entitled "Dogs", of the Riverhead Town Code at its meeting held on February 20, 2013. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 58. DOGS & OTHER ANIMALS § 58-9. Prohibited Acts~ Seizure and impounding of dogs A_~. It shall be unlawful for any owner of any dog or other domestic animal to permit or allow such doq or other domestic animal in the Town of Riverhead to: (1) Be at large. (2) Disturb the comfort, peace or repose of any persons in the vicinity by long or frequent noise or odor. (3) · . Destroy property or habitually trespasses in a damaging way or commits a nuisance on the property or persons other than the owner of or person harboring said do.q or domestic/farm animal. (4) . . Shows vicious habits or molests passersby who are lawfully on a public street, public park or school ground, whether or not said dog or domestic/farm animal is on a public street or otherwise harass any person in such a manner as reasonable to cause intimidation or to put such person in reasonable apprehension of bodily harm. Do,q Control Officer, Police Officer, or any employee, officer or agent designated by the Town Board of the Town of Riverhead to apprehend and impound any dog or domestic/farm =nima! may seize and impound any do.q not under reasonable control of its owner which: A~, ~ Is an unlicensed dog. (2) Is running at large contrary to the provisions of this article. C~. ~ Has destroyed property or habitually trespasses in a damaging way or commits a nuisance on the property or persons other than the owner of or person harboring said dog cr 'FA 2-20-13 Adopt/unendments to Chap.58 DOGS (4) Shows vicious habits or molests passerby who are lawfully on a public street, public park or school ground, whether or not said dog e~Cem, es~c~cm an!ma! is on a public street or otherwise harass any person in such a manner as reasonable to cause intimidation or to put such person in reasonable apprehension of bodily harm. E~ ~ At any time has attached or bitten a person. F~. (6) Habitually enters on a public highway and runs or barks at pedestrians or vehicles. § 58-10. Redemption of impounded dogs. A. Unidentified dogs. Each dog which is not identified, whether or not licensed, shall be held for a period of seve~ five days from the day seized. (1) During the first seve~ five days the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law, as well as the following impoundment fees: (2) After a period of seve~ five days, such unidentified dog shall be available for adoption. § 58-10.1. Voluntary surrender of an identified dog, The owner or authorized agent of the owner of a dog licensed by the Town of Riverhead may vc~'"'+"~a", make application to the Town of Riverhead Animal Shelter for the voluntary surrender of such dog to the Town of Riverhead Deg~e~q~4:~er Animal Shelter ..... ~ The Town of Riverhead Animal Shelter or their designee shall have the authority and discretion to accept dogs for voluntaw surrender. An owner or authorized agent of the owner of the dog shall be required to pay a surrender fee of $25 and execute a written consent to fofieit all title to such dog. Any dog voluntarily surrendered to the Town of Riverhead Animal Shelter may be offered for adoption immediately or euthanized at the discretion of the Town of Riverhead Animal Shelter and/or Do,q Control Officer. TA 2-20-13 Adopt Ame~dments to Chap,58 DOGS § 58-14. Penalties for offenses. Any person owning or harboring a dog or domestic/farm animal in violation of any of the provisions of this article other than §§ 58-2 to § 58-7-9_ shall be guilty of a violation punishable by imprisonment for a term not in excess of 15 days and/or by a fine of not less than $50 for the first offense and not less than $100 for each subsequent offense. Underline represents addition(s) Strikethrough represents deletion(s) Dated: Riverhead, New York February 20, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK TA 2-20-13 Adopt Amendments to Chap. 58 DOGS Town of Riverhead Local Law# 2-2013 CHAPTER 58 DOGS & OTHER ANIMALS § 58-9. Prohibited acts, seizure and impounding of dogs. It shall be unlawful for any owner of any dog or other domestic animal to permit or allow such dog or other domestic animal in the Town of Riverhead to: (1) Be at large. (2) Disturb the comfort, peace or repose of any persons in the vicinity by long or frequent noise or odor. (3) Destroy property or habitually trespasses in a damaging way or commits a nuisance on the property or persons other than the owner of or person harboring said dog or domestic/farm animal. (4) Shows vicious habits or molests passersby who are lawfully on a public street, public park or school ground, whether or not said dog or domestic/farm animal is on a public street or otherwise harass any person in such a manner as reasonable to cause intimidation or to put such person in reasonable apprehension of bodily harm. Any Dog Control Officer, Police Officer, or any employee, officer or agent designated by the Town Board of the Town of Riverhead to apprehend and impound any dog may seize and impound any dog not under reasonable control of its owner which: (1) Is an unlicensed dog. (2) Is running at large contrary to the provisions of this article. (3) Has destroyed property or habitually trespasses in a damaging way or commits a nuisance on the property or persons other than the owner of or person harboring said dog. (4) Shows vicious habits or molests passerby who are lawfully on a public street, public park or school ground, whether or not said dog is on a public street or otherwise harass any person in such a manner as reasonable to cause intimidation or to put such person in reasonable apprehension of bodily harm. (5) At any time has attacked or bitten a person. (6) Habitually enters on a public highway and runs or barks at pedestrians or vehicles. § 58-10. Redemption of impounded dogs. A. Unidentified dogs. Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized. (1) During the first five days the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law, as well as the following impoundment fees: (2) After a period of five days, such unidentified dog shall be available for adoption. § 58-10.1. Voluntary surrender of an identified dog. The owner or authorized agent of the owner of a dog licensed by the Town of Riverhead may make application to the Town of Riverhead Animal Shelter for the voluntary surrender of such dog to the Town of Riverhead Animal Shelter. The Town of Riverhead Animal Shelter or their designee shall have the authority and discretion to accept dogs for voluntary surrender. An owner or authorized agent of the owner of the dog shall be required to pay a surrender fee of $25 and execute a written consent to forfeit all title to such dog. Any dog voluntarily surrendered to the Town of Riverhead Animal Shelter may be offered for adoption immediately or euthanized at the discretion of the Town of Riverhead Animal Shelter and/or Dog Control Officer, § 58-14. Penalties for offenses. Any person owning or harboring a dog or domestic/farm animal in violation of any of the provisions of this article other than §§ 58-2 to § 58-9 shall be guilty of a violation punishable by imprisonment for a term not in excess of 15 days and/or by a fine of not less than $50 for the first offense and not less than $100 for each subsequent offense.