HomeMy WebLinkAboutDogs and Domestic Animals on Town Rec AreasSOUTHOLD TOWN BOARD
PUBLIC HEARING
January29,2013
4:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilman Christopher Talbot
Councilwoman Jill Doherty
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This hearing was opened at 5:03 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 2nd day
of January, 2013, a Local Law entitled "A Local Law in relation to Amendments to
Chapter 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic
Animals on Town Recreational Areas", 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 Southold Town Hall,
53095 Main Road, Southold, New York, on the 29th day of January, 2013, at 4:32 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 193~ Parks and Recreation Areas~ in connection with Dolls or Domestic
Animals on Town Recreational Areas" reads as follows:
LOCAL LAW NO. 2013
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 193~
Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town
Recreational Areas".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of
residents using Town recreational areas by enacting regulations pertaining to dogs
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January 29, 2013
and other domestic animals on Town-owned recreational areas, beaches,
children's play areas, picnic areas and athletic fields.
II. Chapter 193 of the Code of the Town of Southold is hereby amended as follows:
~193-3.1. Rel~ulations concernine does or domestic animals.
A. Prohibition. No person shall bring a dog or other domestic animal onto:
1. recreation areas, picnic areas, children's play areas and/or athletic
fields that are posted with signage indicating "No Dogs or
Domestic Animals Allowed" or "Dogs or Domestic Animals
Prohibited";
2. bathing beaches during such times that a lifeguard is on duty;
3. an area that is within 50 feet of any recreation area that is posted
for protection of piping plovers and other endangered species.
Dogs or other domestic animals are permitted on all other recreational
areas unless specifically prohibited in §193-3.1{A), subject to the
following:
1. All dogs or domestic animals shall be under immediate supervision
and control of the owner or other responsible person (the owner or
responsible person has the ability to leash the dog or other animal
immediately).
2. All dogs or domestic animals brought onto children's play areas,
picnic areas or athletic fields shall be leashed at all times.
All dog or domestic animal waste shall be removed in accordance with
§83-28(B).
The Superintendent may, in his or her discretion, promulgate additional
rules and regulations as necessary.
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 that it was posted on the January 17, 2013 in the Suffolk Times and a
notice that it was posted January 9, 2013 on the Town Clerk's bulletin board. We have a
letter from Suffolk County, "Pursuant to the requirements of 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
for local determination as there is no apparent significant county-wide or inter-
community impacts and a decision of local determination should not be considered as
either an approval or a disapproval." I have a letter from LWRP coordinator and Principal
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Planner Mark Terry which as stated before is consistent with the LWRP policy standards
and it is a type II action, SEQRA regulations. We had quite a bit of communication on
this, from the Audubon of New York "On behalf of Audubon New York, the state
program of the National Audubon Society representing 50,000 members, I would like to
offer the following comments regarding the proposed amendments to chapter 193 of town
code, a local law entitled a local law in relation to amendments to chapter 193, parks and
recreation areas, in connection with dogs or domestic animals on town recreational areas.
The mission of Audubon New York is to conserve and restore natural ecosystems,
focusing on birds, other wildlife and their habitats for the benefit of humanity and the
earth's biological diversity. Coastal environments support some of the worlds' highest
diversities of birds as well as some of its largest migratory and breeding congregations.
Audubon New York is committed to the protection of these habitats and coastal bird
species and its Long Island Bird Conservation program directly addresses the
conservation needs of those species. Of particular concem on Long Island are the piping
plovers (state endangered and federally threatened) and the least tern (state threatened).
These ground nesting species are vulnerable to disturbances and predators-including pets.
Dogs not only have the potential to crush or eat eggs if they enter fenced nesting areas
but also pose a risk to flightless chicks that use unfenced areas to forage. The presence
of both leashed and unleashed dogs, even outside of fenced areas causes adult birds to
flush from their nests and chicks, and unattended eggs or chicks are vulnerable to
predation and extreme temperatures. The beaches in the Town of Southold provide
critical nesting habitat for piping plovers and least terns. Eight beaches owned by the
Town of Southold are surveyed annually during the New York State Department of
Environmental Conservation's Long Island colonial waterbird survey for beach nesting
bird species. These sites have historically supported nesting piping plovers and or least
terns and contain suitable habitat for these species. Of those eight sites, four regularly
support nesting piping plovers and least terns. To help ensure successful nesting of these
species on Town of Southold beaches we recommend that dogs are prohibited from the
following sites from April Ist and August 31st each year: Kenney's Beach, Southold;
McCabe's Beach, Southold; Gull Pond, Greenport; Little Creek, Cutchogue. In addition,
all potential nesting sites should be monitored annually for the presence of nesting piping
plovers and least terns and if these species are nesting at additional sites, the town should
prohibit dogs on those beaches for the duration of the breeding season, April 1st through
August 31 st. Through many years of overseeing beach nesting bird stewardship at these
sites, our local chapter, North Fork Audubon Society, has the expertise necessary to
assess these beaches and advise the town if additional sites are found to be active. Piping
plovers are a federally threatened and state endangered species and as such are protected
under the endangered species act of 1973. Intentional or unintentional take, defined as
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect or to attempt to
engage in any such conduct of this species is prohibited and landowners assume the
responsibility if take occurs on a property. Prohibiting dogs from beaches with nesting
piping plovers not only benefits the birds but also benefits the town by eliminating the
possibility that dogs would lead to an unintentional take. We appreciate your
consideration of this important conservation issue and are happy to speak with you about
it further if you have any questions. Sincerely, Ken/ Dikun Long Island bird
conservation coordinator." And there was numerous other letters that came into the town
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January 29, 2013
as well as emails and they will be on record in the Town Clerk's office if anyone would
like to them all. That is it.
COUNCILWOMAN DOHERTY: Scott, before you invite other people to talk, in
speaking with people and ongoing research, I find that in the proposal being made, it is
really unclear with our other specs in chapter 83 and I would like to propose to add to the
proposal that we have tonight, a purpose and I will read as follows: 'the purpose of these
amendments is to protect the health, safety and well-being of residents using town
recreational areas by enacting regulations pertaining to dogs and other domestic animals
on town owned recreational areas: bathing beaches, children's play areas, picnic areas
and athletic fields. Nothing herein is intended to supersede, replace, invalidate or rescind
the provisions of sections 83-6 of the town code governing dogs running at large in all
other areas.' I just wanted to make that clear that in doing this proposed code, it does not
supersede our other code.
SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this
local law? I just want to remind everybody that before you speak we need your name and
the hamlet you reside in for the record.
NICHOLAS MORTENSEN: Thank you Supervisor Russell and members of the council
for letting me speak. My name is Nicholas Mortensen, I own property at 1560 Bailie
Beach Road in Mattituck. It is approximately 500 feet from Long Island Sound. My
family has owned that property since 1979. As far as, I would like to address the
leashing of dogs on beaches in general and waste pickup. On sub paragraph B, section 1
it says the responsible person should have the ability to leash the dog and be in control of
the dog immediately. It is my observation over the last 30 some odd years, that the
people that bring their dogs to the beach always say they are in control of their dogs. In
control of your dog, when you say that, you leave a wide gap of what somebody could
do. Somebody could be in control of their dog, their dog could be 100 feet away.
Another dog could be five feet away and not in control. If it was that they had to be
leashed at all times, that is a different story. I walk my dog down on Bailie Beach quite
often, he is always leashed. In the last two years he has been attacked twice by other
dogs. Once by a Rottweiler that the woman was standing right next to him. And another
one where the owners of the dog was 100 feet away shouting at his dogs to stop. Both
times I had to use a piece of driftwood to protect my dog. So I believe that if dogs are
going to be on the beach at all, they should be leashed at all times. The second is, the
pickup of waste. I have noticed that most of the people that bring these dogs to the beach
don't want to pickup the waste. That is why they bring them to the beach. They allow
their dogs to go and 1 have seen dogs go down to the water, they think that the Long
Island Sound, not the dog, the person, thinks the Long Island Sound is the flushing toilet
and they just let the dog to its business right on the beach and it just goes out to the sea
and people go in swimming right after that. there are people, they do cover it over with a
little sand. But most don't. And I notice that the people that cover it over with a little
sand are usually because they are being watched, they do this. I have seen parents bring
their child down to dig in the sand after that. And they dig up dog dirt. That is pretty
disgusting. I would just like to say, if the intent of this is to have a beach like a dog park
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and to have dogs exercise and run in the water, that is fine and dandy. But to have every
beach in the Town of Southold to be a dog park, I think would be a little too much. Thank
you.
SUPERVISOR RUSSELL: Dan?
DAN CUTULLO: Dan Catullo, Mattituck. That guy is right on track, in fact, he stole
some of my thunder here but as a matter of point, on this control issue. Animal control is
so vague, the very definition is nebulous and it is not concise. In actual application it is
ambiguous, ambivalent and arbitrary. And as the fellow just said, everyone has a different
take. Different people with a different agenda at a different time will think of control in a
different manner. Some will just deny it entirely, some will accept it as I have when I
have seen people with dogs 100, 200 feet away hidden in the sand dunes claiming they
have control which is bizarre and against all logic and it insults our intelligence for that.
but they claim and they persists in this claim. So I am trying to prove, no, they don't
have control, what am I doing, I am trying to prove a negative. Philosophically, that is a
tough stance to take, as you know. It is an exercise in futility if nothing else. You need a
palpable, a tangible element or a real solid something to really give you the idea that
there is something restraining this animal. And a notion that you have control is not
going to affect real, solid control. The word control, it is everywhere. It is in the blurb I
got from the clerk's office here, 'all dogs shall be under immediate supervision and
control'. It is in our laws, it is on our discussions and it's, as the other fellow said it is so
vague that we really can interpret it any way we want, in any given time. You can't test
the temperament of these animals. Some people will say well, their dog is particularly
obedient, particularly well trained. Now, even a circus dog or a dog who is trained for a
show, show dog, these animals are going to be, break down, have a break down in their
discipline somewhere along the line. The examples that come to mind that are
particularly horrific are the two white tigers several years ago that were trained from
when they were little cubs, when they became adults they were well trained but one of
them tumed and almost killed one of their trainers, it was very close to killing him. Or a
year or two ago in Miami or somewhere in Florida where that killer whale, he lived up to
his name and actually killed his trainer, actually killed it there and it was supposedly well
trained, trustworthy animal. You can't test, you can't really know the temperament of
these animals. You can't tell when, where or why they are going to change or turn on
you. in essence, there is no true control without real physical restraint, period. And that
is an element that again, I agree with that fellow that just spoke. Another point, another
fellow, I think it was this fellow here that spoke at the January 2nd meeting, brought up
the point that if you close certain areas and certain beaches to dogs, you are going to
channel them through a funnel to elsewhere. Unfortunately, one of those elsewhere's is
my property and the adjacent beach, Bailie's beach as a matter of fact. So in essence, that
is defeating its own purpose by just transporting a problem from one place to another.
What is wrong with the dog park? I mean, it's an area you have confinement so the
animals can't get afield and create mischief, you have them running unfettered so that
they can socialize with each other and in fact, the owners can socialize, too. That was
brought up at a meeting last year, that it was important to a particular dog owner that he
be able to socialize with fellow dog owners. You will get some people that contend that
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there is nothing like the ocean for the animal, that a dog park just won't do. They will
say, look how happy he appears, his tail is wagging, he is in the surf, he deserves and
needs this recreation. You know, this is anthropocentric, this is projecting human values
and sensibilities into these animals. It is like the people that will put up a quarter million
dollar mausoleum or palace with pool and air-conditioner for their animals. That is an
extension of this mindset, to the extreme admittedly but and so on. Our country itself is
3,000 miles wide, we have a lot of animals in there. Millions and millions of dogs. If
you were to assume that all of these dogs are somehow deprived of this trip to the beach,
that they are seriously encumbered with a lack of a real experience that some of these dog
owners will propose, then you would have to say, the dog owners themselves in all these
spaces between the two shores of the United States, all these dogs that will never see an
ocean shore are being deprived by these owners and in fact, that the owners are abusing
them, not letting them have the opportunity to plow into the surf. So it is a ridiculous
argument but again, if you take the attitude of some of these people that there is such a
necessity to let the dog roam free into the ocean, that's where you go with it. the unique
part getting off the dog park issue, the unique part of a beach is the mean high water. We
have had any number of arguments here about mean high water, what it is, where it is,
etc., I won't go into that now but mean water where I am around Bailie Beach is the
differentiating line between private beach property and the public domain, the public
doctrine area where you have ability for access to the Sound or the ocean, salt water. It is
somewhat nebulous and how are you going to expect a dog to respect that? A free
ranging dog without a leash is not going to know what the mean high water line is, he is
not going to know where it is and he won't have any concept of private property or what
trespassing is either. It is not reasonable to think that way, so, do you mn flee, he will go
and do what dogs will do, he will, well, what might they do? I have observed dogs on the
beach for 50 years, I have been here for 50 years. And what they might do is the
following and what they might do, they have done actually; they will run up over the
beach, someone is sunbathing, they will kick some sand around, bark loudly,
disturbingly, they will perhaps in friendship lick a little of the bare skin of one of those
sunbathers, sniff around areas that he probably shouldn't and in fact, if he were a human
being be arrested for all these activities. But I have observed all these things. He will
take personal objects and run offwith them, my brother-in-law fi-om way upstate, Orange
county, came down, one of his shoes was taken by a dog and even with the help of the
owner, took us about half an hour to retrieve this shoe. These aren't major tragedies but
they are major nuisances. And taken in the aggregate, they add up like Chinese water
torture or death from a thousand cuts. They will add up to a bad result and a decline in
quality of life. You don't have to, realize now these are all friendly dogs, all these
incidents such as they, as unpleasant as they may be, are all friendly dogs. God help you
if you were having a bad day and your luck runs out the way mine did that bad day last
May when I was attacked by two dogs and you don't have to be on your own beach
either. You can be traveling along the property line that is public domain and as such,
you may see a dog coming from the opposite direction, bounding well ahead of it's
owner, 200 or 300 feet ahead perhaps ahead, certainly out of what might be considered
reasonable control. What is the intent of this animal? Is he coming after me or at me for
purposes of satisfying his curiosity or is it out of malice? It is hard to tell but from my
experiences, my perception of this is that if it looks like an attack dog, sounds like an
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attack dog and it is charging me as an attack dog, then it is an attack dog. Until proven
otherwise. Meanwhile, a peaceful, pleasant walk on the beach has been tainted with a tint
of terror and it has just not the way to live. Alright and the last point I want to make is,
whether admitted or not by dog owners, dogs do bite. Case in point, I have a copy of
(inaudible) paper article headline, dog bites account for more than one third of
homeowners insurance claims. Over one third, it is not a rare occurrence. And more
recently and locally, Riverhead animal control officer mauled by dog at shelter. Rushed
to PBMC for treatment. Now these are, these are not rare things and these people that are
at these shelters are experts. These are pros, they should know how to handle these
animals. But you can't always tell about the temperament of them. Now the general
consensus of the people that were at this place, this was supposedly a safe, quote safe,
dog. And as I said, you can't always tell about temperament. So my opinion is we need
a real strict leash law, no way to get around it and we are in trouble because about the
time of my attack, up Port Washington it was, just about the time of my attack last May,
within two weeks of my attack, there was a $30 million lawsuit filed and it was because a
young boy lost an ear to a dog attack. Well, it was approximate enough in geography and
in time to my own event to be a sobering enough food for thought. So just hope that we
give serious consideration of what we are doing as far as the leash law goes and in
support of what that fellow was saying as well. Thanks.
SUPERVISOR RUSSELL: Thank you. who else would like to address the Town Board
on this issue?
ROBERT DUNN: Robert Dunn, Peconic. This kind of came to fruition last summer and
I believe it was the gentleman who was just before me. This kind of came to a head last
summer at a meeting here and I believe it kind of happened because it was the gentleman
here that was speaking about Bailie Beach becoming a dog beach because the Mattituck
beaches in the park district didn't allow dogs and in fact were coming, that's my biggest
problem with this and I said it earlier, is making just certain areas not allow dogs and
other areas have no (inaudible). In fact, as the way this ruling is going to lead, the result
of that attack on Bailie Beach is going to leave Bailie Beach with less protection than it
had then because as I remember, it was you Ms. Neville, went out and brought in the laws
and you were surprised that there was a law that said no animals on beach at all. Period.
Now in fact we are not only going to allow them but we are going to make them go to
certain places because they are prohibited from other places. Now you can just shut me
down if you, you were talking this morning Ms. Doherty, that maybe this needs to be
tweaked a bit and if the prohibition is going to be everywhere and I might agree and I
don't agree with a prohibition, I will get to that in a minute but I just don't think it should
be, I think the term now is bathing beaches. You established that at the last board
meeting when you recognized certain beaches as bathing beaches, so everywhere else is
okay, including some of the nature areas. If dogs are allowed to run in the nature areas,
they are just going to go wherever they want and no one is going to chase a dog into the
bush or go into the bush to pick up after him. So some of our conservation areas, they
will just be free to do what they want to do and if it is not on a leash, it is not on a leash.
I kind of, living across the street from the beach, I kind of like seeing the dogs at the
beach, 1 think it adds to the character we have out here on the north fork. Mr. Ruland and
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I and another gentleman from Newsday had a discussion in that first meeting in January
and Mr. Ruland had mentioned how when he was growing up, there were dogs
everywhere. And kids even brought them to school and they sat outside in the yard and
that just to me is one of the nice things about the north fork. So I am not for banning
dogs but I do think it might be appropriate that they be leashed at a time during a season,
perhaps it is May until the end of September, perhaps it is only in the daytime and then
the people who are intimidated by the dogs are aware of that and they have to adjust too.
Because the people who own dogs and want to bring the dogs have just as much right as
the people who don't want to be subjected to the dogs, to use the beach and enjoy the
beach and quite frankly, the dogs are fun. Seeing a big floppy eared dog running around
in the water is fun. You can get those big long leashes that go out 25, 30 feet and you are
still in control. That is when there are people on the beach. Today, you could have gone
to any beach in this town and you wouldn't have bothered anybody. You could have let
your dog run forever, wouldn't have cared. And somebody brought up a point at the
work session this moming that that dog run is really not a run, so I mean, the idea of
having, letting dogs run on the beach is kind of nice, too. The other thing about just
having dogs not allowed on the town beaches or the bathing beaches might set up a legal
problem because if you are doing that you are identifying that dogs are a problem, well,
if you go to one of the other town beaches, not bathing beaches, and someone is hurt,
then you could say well wait a minute, then you have established that and this would be
something for you to talk to Mr. Finnegan about. You have established that dogs could
be a problem yet you don't do it here, so there could be a liability. I think this, whatever
needs to be done here, whatever is going to be done, needs to be thought about more.
There is just too many questions, 1 think it is evident just by the number of people in this
room. I come to these meetings quite often and we have six people, so there is some
turmoil and then of course, the big thing that I raised last time and I will raise it again, I
don't think anything should be done until some of the summer people get time to
respond. I mean, you can't wait forever for them but I mean to do it when we just had six
degree weather, they are not out here and you are only going to have people back here in
the middle of next summer complaining one way or the other.
SUPERVISOR RUSSELL: Thank you. Jeff?.
JEFF SMITH: Jeff Smith, Cutchogue. 1 am chairman of the Cutchogue-New Suffolk
park district and my biggest concern on this law is item number 2 under prohibition,
where it says the bathing beaches at such times when a lifeguard is on duty. Both of my
beaches have areas that are part of Southold town beach but they do not have lifeguards.
That is where the people bring their dogs. Now my beach down on Pequash is just this
one small area. The people come down at the end of Pequash, they run their dogs. Now
tell me how that dog, as this gentleman said, differentiate between here is my line and
here is the town line. It doesn't work. If they are going to mn them down on those
beaches, they have to be leashed. The same thing at Nassau Point, you go all the way
down Skunk Lane, that's town property but from the bath house over, is the park district.
Now you bring a dog down there, he is going to go, he is going either way. They have
got to be leashed if they are on the beaches. I mean, I don't have a problem with them in
the mornings, I am an early riser, I go down to the end of Pequash. The people who live
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in Fleets Neck, they walk their dogs and they pick up after their dogs, continuously. The
barrel is there, god knows what is in that barrel at the end of the day when the people are
done. You know, I would say the majority of the people that walk their dogs there do
pick up after them but when those beaches are being used, those dogs mn free. And they
really should be leashed.
COUNCILMAN TALBOT: Jeff, do you have a regulation that the park district, no dogs
on the beach at all?
MR. SMITH: No dogs on the beach. Yup. And that is where we run into a problem
because right now, they can go on the Southold Town beach ....
SUPERVISOR RUSSELL: That would be similar to the Bailie Beach which is ....
MR. SMITH: Yeah, exactly the same thing.
SUPERVISOR RUSSELL: But tight next door is the park district.
MR. SMITH: Right. Right next door and like you said, how does a dog differentiate?
To be honest with you, most of the people don't pay attention to it either, so you can't
just blame the dogs. Thank you.
SUPERVISOR RUSSELL: Who else would like to address the Town Board?
CHARLENE CATULLO: Charlene Catullo, Mattituck. I was just concerned with the
wording that you have on the law because once again, it is a matter of control. And
unless you can define control and number one, if you are going to impose a fine or how
do you police it? you know, if it is ambiguous and you can't police it, it is not a law.
You know, so those are things. As far as, I mean, I utilize Bailie Beach and use to more
in the past but I have encountered dogs, they will come running up to you, I will stop in
my tracks because I don't know whether it is a friendly dog or not a friendly dog. So you
know, I will call to someone and say can you call your dog and even one fellow said well,
he is a friendly dog and I simply said, well listen, you know I am not really fond of dogs.
I had a dog growing up but maybe it is a fear that came later in life and when I was in my
20's, my girlfriends dog while talking to her, just leaped at my neck. Whether it was a
hand gesture that triggered it, I don't know but I would call her and I would say listen, I
am not going in your house unless you lock the dog up. Because you don't know when a
dog will turn. I don't know what caused the dog to do that to me and maybe that instilled
my fear of a dog when they are loose. So I would prefer to see dogs on a leash especially
if you can't impose a law. How are you going to impose it? Am I supposed to take a
video camera down to the beach to show a dog is not in control of their master, does he
have to call the dog one, two or three times? So, I mean I just think that you need to sit
back and recognize it. as far as utilizing the beach at other times, you know, technically
the beach is my front yard. I would like to go out and into my front yard without having
to decide whether a dog know where mean high tide is. You know, to sit on my beach or
something like that. and unless you leash them because no one has ever said anything
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about allowing the dogs to walk on the beach leashed, it is when you talk about control. I
have encountered many a dog, you know, it is where I say they come running up to me.
Thank god no bites. My sister-in-law was bit by a pit bull and has stitches up her arm.
She was walking her dog. So you don't know, as I say, what a dog is going to do. So I
don't think really you should invite you know, any accidents to occur by allowing dogs to
run free. Thank you.
SUPERVISOR RUSSELL: Thank you. Lillian?
LILLIAN BALL: Hi, Lillian Ball, Southold town. As many of you know, I am a dog
lover. I have a dog and I walk on the beach quite often with my dog. I walk with other
people walking with their dogs and I think it is one of the nice aspects of Southold town.
But I am also extremely concerned about water quality and as is usually the case, it is not
the dog, it is the dog owner that is the problem. So I would like to reinforce that plea for
enforcement if you are making decisions based on these issues, you have to enforce it. I
mean, I know how tireless I am in telling people, I pick up other dogs poop. I have my
bag, you know, I am walking with people that are environmentally sensitive, they don't
do it. people don't do it and so if the dog is leashed, you at least have some control over
where they are leaving their business. And if dogs are going to be on the beach, there has
to be some way to enforce cleanup because water quality is really essential in our town
and dog poop is poop. I don't have to spell it out any more clearly. I don't envy you
guys for having to make a law about this, it is a very difficult issue and I know myself
just how many people I beg, please, please pick it up. Don't ruin it for the rest of the dog
owners who are out here, trying very hard to have their dogs obey. And if they are
leashed, you can at least keep track of what the waste is. The second issue that I wanted
to make is Goldsmiths Inlet also have piping plovers. They have been found there on that
beach several times. If you are going to be considering piping plovers, I would add
Goldsmiths Inlet beach to the list from the Audubon Society because we have had
exclosures there and it is definitely a place where there is an issue with piping plovers.
So I don't envy you this project but I would like to figure out some way enforcement can
work, I don't know whether there could be neighborhood captains perhaps?
Neighborhood people who are aware, there are places in Florida I am told, housing
developments where they have the DNA of the dog on file so when somebody leaves
poop, that is very....I was just shocked that there would be such follow through, such
enforcement. So they know whose dog it is. I don't know that that is something for
Southold Town but I do know that water quality is the basis of our economy and our
pleasure in our neighborhood and we have to make sure that there is someway people
will follow through and take care of their dog waste. Thank you.
COUNCILMAN RULAND: Lillian, I would say that to the contrary of what you might
think, your input and everyone who offers their input is what makes it easier for us to
make the decision. Because it doesn't really matter what you propose until you hear what
people usually that have had a first hand experience can tell you, you really don't really
know. And part of it is not so much the factual presentation of a fact versus the personal
presentation where you can see in the face of the person that they have had an adverse
situation that probably affected them and might affect them for a long time in the future.
Amendments to Chapter 183 Public Hearing
January 29, 2013
11
So the input is valuable. I mean, sometimes people laugh at why do you have a public
hearing? Well, it is obvious, that is why you have a public hearing. To hear what the
public has to say.
MS. BALL: And I also do think that the more of us that participate in the public heatings
and give you our feedback, the better our town works. So, I would invite everybody to
put in their two cents worth. Thank you.
SUPERVISOR RUSSELL: Let me just say, Dan, before you speak again, I usually run a
policy, I like to have everyone comment at least once before I go for the second time, so
if anyone who hasn't been heard yet would like to, please?
STEVE HUSAK: Steve Husak, Laurel. I have been here as a summer kid, now as an
adult. Had dogs all my life. Had water breeds who were petrified of the water and dogs
who shouldn't have swum, water swum to Connecticut. Leash the dogs. We just went to
Montauk last week to see the seals. I took a 25 foot piece of rope with me, put a clip on
the end of it. put the dog on the end of the 25 foot rope. He ran all over the beach. He
got close to where people were, unclipped that rope, put a regular leash back on him.
Plain and simple. I mean, if we are going to put a law on, who is going to enforce these
laws? We are not enforcing little laws. We are not enforcing short fish laws. Who is
going to enforce these laws? Are you going to call 801 down, 805 down off of patrols in
town to walk the beach to write tickets for dogs on beach? I don't think so. I don't think
the cops want to do it. watched an interesting show the other night, 3:30 in the morning.
About Montana. Out there you are caught leaving litter in the woods, caught breaking
any of their laws, you never get a hunting license, you never get a fishing license, you
never get a parking pass ever again. One time. Done. Maybe it is time we do it here.
Maybe it is time we do it here. But if we are going to make laws, let's make laws we can
enforce. And every day we open them up, the federal government is forcing laws on us.
The state is forcing laws on us. They are passing them in the middle of the night.
Nobody is thinking about, nobody is thinking what it is, how we are going to enforce it
and how it is going to affect our quality of life. You know, I love dogs. I don't want to
be attacked by a dog. I can't go to the dog park. My kids can't go to the dog park, it has
become a bully pulpit there. People bring their dogs, throw them in the dog park and
then go back and sit in their cars. I heard a story and I would like a clarification of it, that
there was two Rottweiler's attacked a dog last month at the dog park and then the owner
of the Rottweiler and the other dog got into a fight and from what I understand, the
Rottweiler was stabbed. True or false?
SUPERVISOR RUSSELL: No one has reported that to the Town Board.
MR. HUSAK: Well, that was the story. My daughter is petrified to go to the dog park
now. We are not enforcing dog laws at the dog park, we are going to enforce dog laws
on the beach. Really, I commend you guys for, and ladies, sorry Jill, for thinking it out
and listening to everybody but please, don't be New York State, don't be the federal
government, passing laws in the middle of the night that we can't enforce and we can't
justify.
Amendments to Chapter 183 Public Hearing 12
January 29, 2013
COUNCILMAN TALBOT: Steve, where do you, you are saying leash the dogs but are
you saying also, let the dogs go on the beach ....
MR. HUSAK: Let the dogs go on the beach.
COUNCILMAN TALBOT: Because there are a couple of different things, the dog waste
thing is already a law.
MR. HUSAK: If you are not decent enough to pick up your dog's waste, then really,
what kind of a person are you?
COUNCILMAN TALBOT: But that is not part of this public hearing.
MR. HUSAK: It really comes down to what kind of a person are you? You know? A
dog takes a poop on the beach, have some courtesy.
COUNCILMAN TALBOT: I agree with you. you can't get everybody to do it
obviously, because of....
MR. HUSAK: I had a husky growing up, that dog would swim to Connecticut ifI let her.
I had a 75 foot piece of rope and she would literally swim across Mattituck inlet. From
what we used to call tar tank beach, down there.
COUNCILMAN TALBOT: Tar docks.
MR. HUSAK: All the across to the back side of Bailie beach. Give her a tug or two and
she would get back in the water and swim back across. My dog, after the Montauk trip,
she came home, passed out in front of the wood stove. Believe me, more than enough
room and energy for a dog to run on a 50 foot piece of rope. So, just let's think about it
and maybe time, the owners ....
COUNCILMAN TALBOT: Seems like that is the biggest thing, its all coming back to
the owners.
MR. HUSAK: Inaudible.
COUNCILMAN TALBOT: I did hear something about that, my wife was down there at
the dog park there and said there was a fight between the dogs but I didn't hear anything
about anybody getting stabbed.
MR. HUSAK: There's an example, it is a town owned piece of property for dogs and we
are not enfoming any laws there. People are being bullied there.
COUNCILMAN TALBOT: It is generally handled with the owners, I have got to say I
sat up here when it was talked about the dog park and I said I have never been to a dog
park and I don't think I will ever go. And I was there.
Amendments to Chapter 183 Public Hearing 13
January 29, 2013
MR. HUSAK: Truthfully, you will never see me at the dog park. You know I am in the
middle ora mid-life career change, I am in New York City more than I am here.
COUNCILMAN TALBOT: But the issues down there are generally addressed by the
owners and kind of well, as everybody has been mentioning tonight, it comes down a lot
of it to the owners. Obviously.
COUNCILWOMAN DOHERTY: 1 just want to mention, if everybody was courtesy and
picked up after their dogs, we wouldn't have to have a code hem. This code is not for
dogs, it is for people.
MR. HUSAK: Absolutely. I agree with you. I agree with you. I go down surf fishing
most of the time I leave with more than I ever brought in.
COUNCILWOMAN DOHERTY: It is unfortunate that we have to.
MR. HUSAK: And I have to get yelled at and chased at by homeowners because of the
people that are allowed to come in and do it and most of the time it is non residents. So
maybe the Montana, if we can't do it to ourselves, maybe we can do it to the out of town
residents whose parking permits are pieces of paper on dash boards. You know, you
come up the beach and you left all the trash there, yank the parking pass, right then and
there.
SUPERVISOR RUSSELL: Thank you.
MR. HUSAK: Good luck.
CECILIA MORTENSEN: My name is Cecilia Mortensen, Bailie beach patron. The one
aspect I don't think anyone has brought up yet is children. Our grandchildren that I bring
down to Bailie beach maybe two years old, one is five, one is three, one is four. When
these big dogs am running loose on that beach, I am petrified. I own two dogs myself, it
is not that I am a dog hater, I love dogs. But when you have children and you cannot, a
person is not controlling which is our main issue here is control, control that dog. When
there is children on the beach, you can't, I won't even leave my dog alone with my
grandchildren. It is a big goofy lab, golden retriever lab. Why? Because I don't trust a
dog, I just don't and 1 love my dog. Twelve years I have had him. And I won't leave
him alone with my kids, my grandchildren I mean. And I think that is a very important
aspect that no one has brought up. There is children on that beach, alright, maybe not
24/7 but when they are, I want to feel safe and not have these big animals running around
like my own dog which is always on a leash, always. Even at one time with a rope like
this gentleman said, got wrapped around my leg, I had it infected from my dog because
he was on a rope and ran around and ripped my leg open but he was on a rope. We never
let him run loose. Control. Period. That is all I have got to say.
SUPERVISOR RUSSELL: Thank you. Has anybody not spoken yet that would like to
be heard? Ma'am.
Amendments to Chapter 183 Public Hearing
January 29, 2013
14
ANITA BUSBY: My name is Anita Busby and I live in Peconic very close to Goldsmith
beach. And some of the, you know, my dog is free on the beach whenever I take her for
a walk, however, I live there so I am very close by, I can go down to the beach before
8:00 in the morning and t here is no one on the beach and I am home before there is any
people on the beach. And the same in the evening, I go after sunset, I walk her then. So l
am listening to all these comments and I totally understand people's fear of the dogs
running and getting into your picnic basket, as my dog would do easily or kissing small
children and knocking them fiat, she has totally done all of that but at my house. My
family. But what I am suggesting is the timing, maybe we can work out something where
this is timing. Now, I am not talking about going to Goldsmiths beach, I am talking
about the general area there. But maybe if on the other beaches if there is a time period
where it would be allowed for you to walk the dogs and other people would be aware of
those times, then maybe it would be a good time not to be there with small children. It is
just a suggestion. And the other thing I know you are not talking about pooper scooper
laws or any of those things but one of our problems at Goldsmiths is we don't have a
garbage pail there most of the time. Sorry, I have got a scratchy throat. Usually it
doesn't show up until the 4th of July and it is usually gone by Labor Day and I think it
would be very helpful if there was garbage pails on most of the beaches for those of us
who are fairly diligent about cleaning up after our dogs. Okay?
MARY MCTIGUE: I am Mary McTigue and I live in Southold. I wanted to, everything
I wanted to say was pretty much covered although we covered safety but we really didn't
touch much on the sanitary conditions of the beaches. I went down to Kenney's beach
fight before coming here and there is lots of bundles. I photographed if you ever wanted
to be curious what goes on off season but the beach is might filled with dog waste as it is
now and we are the full time residents that supposedly care more than the part timers. So
if the condition of the beaches remains the way it was today, the summer is only going to
get worse. So, I just, I wanted to say something because if you relax this code, that all of
a sudden became outdated, in my opinion the code was written to protect the safety and
sanitary conditions of the beaches. I don't know when that became outdated. Those two
things can't go away. And I understand what everybody said here about leashes and 25
foot long and 30 feet long, all I can envision is crossing ropes and how is this going to
work? So I would just like to suggest the alternative of creating better dog parks. The
one we have in Peconic I am not familiar with it but from other dog owners I have heard
it is too small, it is not clean and it is not a friendly atmosphere for the dog and its
owners. So maybe to take some of the town property and enhance it, to make it dog
parks on 5 acre pieces, not just in Peconic but in other towns with water sprinkler systems
or whatever needed to happen to make it an enjoyable experience. I can't envision
relaxing the code at this point for a lot of the reasons the residents just mentioned. It
would change my experience, the way l use the beach which is after 5:00. I don't go at
high noon, I don't need to work on my tan. I like to go at night and at night at my beach
in particular, it has just become more traffic by dogs and I understand everybody means
well with their dogs, I am not trying to deny anybody that experience but I am afraid for
my nieces and nephews that come down there with me and for myself sometimes. You
are very vulnerable if you are not used to being around dogs ordinarily. So I guess that is
all. Thank you.
Amendments to Chapter 183 Public Hearing 15
January 29, 2013
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town
Board? Has anybody not been heard yet?
NANCY SAWASTYNOWICZ: Good evening, I am Nancy Sawastynowicz and I live in
Cutchogue. I am sorry all that has happened at Bailie beach. Our little beach at the end
of Pequash, we never have a problem, we always pick up and I never go in the summer
because it is too hot and I always control my three pugs. I have a letter to read and a few
questions and suggestions. On the proposed changes of Southold Town law on dogs and
recreational areas. Thank you for recognizing that dogs do belong in recreational areas.
The current law which might be understood as prohibiting dogs from beaches should be
changed. Most of the people I know that have dogs do control their dogs. I mean, the
north fork as most of us know is part of a beach, most of the north fork is a beach. I am
the fourth generation and I can't stand when people say I have been here for 50 years
blah blah blah. I noticed 50 years ago they started trying to keep people off the beach.
So that is just a point. It doesn't matter how long you are here, we have to work together
and I am very happy that you are examining this law, it is very important. And the
woman that was attacked by the pit bull in Riverhead at the shelter, that dog was lef~ in a
crate on the side of the road and they didn't know the dogs behavior, it was an accident.
That wasn't something that just happened. Even in the areas where dogs are prohibited,
there should be exceptions to permit service dogs and therapy dogs, that hasn't been
mentioned. You know, I think it should be put in there because there are seeing eye dogs
that need to go into parks and recreational areas. Are you going to think about that
particular subject?
SUPERVISOR RUSSELL: We will certainly take all the recommendations that are
being supplied tonight and include that in the discussion.
MS. SAWASTYNOWICZ: Okay, thank you. Okay, paragraph should be clarified or it
should be eliminated. What kind of additional rules and regulations do you expect to be
made?
SUPERVISOR RUSSELL: Again, that is a good question. I think one of the issues that
the town is trying to address is what are the needs? We put this for public hearing so we
can get this input. I think we recognize prior to the meeting tonight that this law is far
from perfect, so we are getting all that input from the public. What you are hearing
tonight is what I have been getting via mails and phone calls. People on both sides of
the issue, people looking for more stringent standards, people looking for more relaxed
standards. That is what we are trying to get from the public.
MS. SAWASTYNOW1CZ: Balance. Okay, so in that paragraph D, it refers to the
superintendent. Who would that be? Would that be the Town Board?
SUPERVISOR RUSSELL: Historically it has been recognized as the superintendent of
the department of public works.
Amendments to Chapter 183 Public Hearing 16
January 29, 2013
MS. SAWASTYNOWlCZ: Okay. And will additional rules and regulations be changed
on this proposal?
SUPERVISOR RUSSELL: That was a catch all phrase that was designed to intend that
if new law needed to be, he would have the authority or she would have the authority to
put new rules in place.
MS. SAWASTYNOWICZ: And if that happens, will the changes be made public?
SUPERVISOR RUSSELL: Absolutely.
MS. SAWASTYNOWICZ: Okay. How will the proposed law be enforced?
SUPERVISOR RUSSELL: Like any new law, as best as we can.
MS. SAWASTYNOWICZ: Will there be penalties for the violations?
SUPERVISOR RUSSELL: Adjudicated as part of the court process. Those fines would
be up to a judge.
MS. SAWASTYNOWICZ: Okay. Will the warrants be put on file?
SUPERVISOR RUSSELL: The warrants?
MS. SAWASTYNOWICZ: If they are violated. If the person is violated in the law
that ....
COUNCILWOMAN DOHERTY: Just like any other violation in the town, same
process.
MS. SAWASTYNOWICZ: Because I would like to suggest, if they do cause a violation
with a dog and the owner, really, is the person in charge, they should get a warning and
then the second time they are not allowed on the beach. I don't know who is going to
enforce that but I have never had a problem on our little beach, we pick up, everybody
picks up and if I don't, I mean if somebody doesn't pick up not only the dog poop but
also glass and any garbage we find and I am glad that you are really listening to the
town's people on this and there are good dog people out there. Thank you.
BENJA SCHWARTZ: Good evening. I have reviewed this law and I am appreciative
that the Town Board has taken up the issue. 1 am going to try to be, give some
constructive criticism here. I do feel like I need to mention one thing regarding the, or a
couple of things in the purpose statement of the law. And this is something that is an
issue that is very general but it is also very specific here. This law says that the purpose
of it is to protect the health, safety and well being of residents. And that sounds fine
except if you have a legal background and you know that residents are only a subset of
the public and why are we protecting residents and not protecting their guests? Or even
Amendments to Chapter 183 Public Hearing
January 29, 2013
17
just a tourist or other people who are in town. I think that should be changed instead of
for the well being of residents, the public. Residents are part of the public. And that is
the purpose of government and the purpose of this law, should be to protect the public
health safety and welfare. Not just the health safety and welfare of residents. Another
thing is the reference to domestic animals. In looking up domestic animals, I find that
sheeps and goats are, you know, this man over here apparently saw a tiger on the beach.
I have never seen a tiger on the beach, with or without a leash. And I certainly think any
tigers that are on the beach should be on a leash. But in this law, I would direct the law
and title the law and talk about in the law companion animals, rather than domestic
animals. 1 think that would be more specific. I am not sure why it is only talking about
bathing beaches, I think it came from pieces of other laws that are on the books. And
children's play areas, 1 don't know exactly what that is but I think you meant
playgrounds. I don't quite understand, my understanding was that this law was a
replacement or a modification of section 193-9 b under behavior and conduct for
recreational areas that basically said no dogs except in the parking lots and I thought that
is why this was, this whole law was raised, this issue was raised. I am surprised I don't
see anything in the proposed changes to change that law. I mean, chapter 86 is something
else but section, I don't understand why this is being proposed as section 193-3.1. 193-3
is regulation about motor vehicles in the recreational areas of the town, so I don't, this
doesn't seem to belong there. In looking around other sections of chapter 193, I did note
very curious, it doesn't have too much to do with this law but fishing is not allowed on
any beach in the Town of Southold unless it is posted as a fishing beach. I have never
seen a beach posted as a fishing beach. So that means that all the fishermen who fish off
the beach are breaking the law also. So I am glad that you are thinking about changing
this law and I would like to see it done consistently and you know with, the other pints of
the law, I think before you consider adopting a new law, it would be important to identify
the areas that you are talking about, where dogs will be allowed and the areas where dogs
won't be allowed. For what it is worth, I took some time today and I rewrote the law so
that sections A, B and 3 are more logical. Basically the general rule as I see should be
that dogs and other companion animals are permitted on all recreational areas subject to
certain conditions and prohibitions which are specifically included in sections B and C.
Now, I mean, I know there's people here who have little dogs and I used to have a little
dog who would not hurt a baby if she, you know, I have a little dog now that it loves
people so it will run up to people. But I know how to control it, I have a leash with me, I
use it when I need it and there is absolutely no reason. You know, we have a lot of
terrible car accidents. Does that mean we are going to outlaw cars? No. We have to
think about specific dogs and the problem as I see it is basically in this case is the
aggressive dogs. So I would just like to quickly read the revised two paragraphs that I
revised. Every companion animal on a recreational area must be under the supervision
and control of the owner or other person in possession of the animal. Supervision means
the person in possession of the animal is aware of where the animal is and what the
animal is doing. Control means that the person in possession of the animal is capable of
restraining the animal from any aggressive behavior towards and any uninvited contact
with any person. So I looked around to try to find a law I could use as a model, I
couldn't find one. I wrote that one out of my head. I hope it helps you. I will give you a
copy of it but I thought about including something about leashes and I decided against it
Amendments to Chapter 183 Public Hearing 18
January 29, 2013
probably primarily because of an experience I had a couple of years ago when I had this
most wonderful dog and somebody who was parked on the side of the road, their dog
came and started attacking my dog and I had to attack the dog back and kick it and get rid
of it. And they came running over and said oh, oh, oh, we have a leash, I am sorry, we
have a leash right here. Well, fine you have a leash but if the dog is attacking someone, I
probably in retrospect, should have called the police. And I think it is to some degree,
alright, I will give you a copy of that. the other thing that I just feel hasn't been
mentioned and should be mentioned, is the related issue. You know, this is related to the
law that was passed regulating, prohibiting people from letting their dogs leave their poop
all over town, not just on beaches. Now, on the one hand I think that should be a separate
law, shouldn't be mentioned as a part of this law as it is, there is a paragraph in this law
referring to that other section that's inconsistent with the rest of the town code and I
didn't like that but on the other hand, I think that the poop law as we have been calling it,
has not been enforced and is not enforceable as it stands. And I don't see anything funny
about the companies and the experts who have devised ways to do DNA analysis of
feces. There is a clinic under the auspices of the University of California that has a
program called dog pile ID and you can get samples for, in some case, in a lot of cases
they will do the testing free for dog owners if they want to eliminate their dog but you
know, that is not only the only way to enfome that law but the experience of many
communities and living, like apartment buildings and all that have started to implement
some forms of DNA testing. And the experience has been that the problems have
disappeared. Even if we don't test every dog and every poop on the beach, just having
that mechanism in place might go a long way towards alleviating the need for regulation.
COUNCILMAN TALBOT: And I say, what the heck is this world coming to if we are
going to be doing DNA testing, hey, bring your dog in Mr. Talbot, we have a report that
your dog left something on the beach and we are going to do a DNA test on it.
MR. SCHWARTZ: Well, that is why I don't think we should require every dog to do
DNA test. But I think if we, if someone is going to go around and find a little tiny poop
on the side of the beach and test that and then go and chase after a little dog that didn't, I
am not saying that we shouldn't pick up little dogs poops, I do, they are a lot easier but
the ones that really bother me are the big ones and they are a lot harder to pick up. I am
lucky I don't have a big dog but you know, if you see the same type poop all the time in
the neighborhood, I don't see why you couldn't get the dog control officer to come and
take a sample, do a test on it and then if you can identify which dog it might be, do a
comparison.
COUNCILMAN TALBOT: This isn't part of this public hearing anyway, right?
SUPERVISOR RUSSELL: You know, this is a town that can't enforce a one yard sale a
year rule, I mean, now we are going to do a DNA, you need a database for all that, you
need money, you need resources, you need personnel. I think we need to stay more
focused on the specifics here which is simply controlling dogs when and where and how.
Amendments to Chapter 183 Public Hearing
January 29, 2013
19
MR. SCHWARTZ: Well, I am looking at the wider picture and I am looking around
seeing what is happening in the Hamptons and in other communities around the country
and around the world and I think you know, we are affected by that and I think the idea
that this law is only for residents or only to protect and serve residents ....
COUNCILMAN TALBOT: I think that is a good point.
SUPERVISOR RUSSELL: No, that was a good point.
MR. SCHWARTZ: Is reflective of a lack ofbroader view.
COUNCILMAN TALBOT: The general public.
MR. SCHWARTZ: May I provide you with a copy? Inaudible. If you put a leash on
your dog, that means that the person on the other end has to be on a leash too. And not
all dogs, some dogs you can control, you can supervise them without a leash. Thank you.
SUPERVISOR RUSSELL: Would anybody else like to be heard that hasn't been heard
yet? Please?
RICHARD JORDAN: Hello, my name is Richard Jordan, I live in Cutchogue. This is
the first time I have ever been here. 1 have owned the house here since 1985 and I have
lived here since 2008. And like Jeff says, we all pick up after our dogs and we walk the
beach and pick up all kinds of debris. I think we shouldn't overlook the fact that it isn't
just the benefit of the dog, that it isn't just the dog that benefits when you take a dog
down to the beach and I always leash my dog. But the companionship of an animal is
very positive for the people, for the residents and for the public. And I don't think it is
appropriate that those who would bring a leashed dog are restricted from bringing a
leashed dog to the bathing beach when a life guard is on duty. I don't understand what's
being protected by that. and as far as the other provisions of this, I think the leash, the
definition of control is pretty good but I think you should also define the length of the
leash. When I heard someone say 25 foot leash, as someone who has four kids I would
be little bit concerned about some aggressive dogs in that respect. And lastly, you do
have reference to the animal waste provision and I assume that the superintendent could
promulgate additional rules to that?
SUPERVISOR RUSSELL: Well, actually that is a requirement of federal and state law,
the MS 4. You are talking about the pooper scooper law?
MR. JORDAN: No, I am talking about C, all dogs or domestic animal waste shall be
removed in accordance with, and then D is superintendent may, in his discretion
promulgate additional rules.
SUPERVISOR RUSSELL: Regarding...
MR. JORDAN: That is my question, could it be regarding waste removal?
Amendments to Chapter 183 Public Heating 20
January 29, 2013
SUPERVISOR RUSSELL: I don't believe he has the authority.
COUNCILMAN TALBOT: It was more regards to different parks, like say we have the
Mill Lane park in Mattituck that is just a walk in park, a wooded walk in park and if we
found that there some issues or complaints in the area ....
COUNCILWOMAN DOHERTY: It was more for the signage of areas; that the
superintendent can put a sign saying no dogs or dogs have to be leashed.
MR. JORDAN: So he has the authority to determine what will be signed or what won't
be signed? Yes?
SUPERVISOR RUSSELL: Yes.
COUNCILMAN TALBOT: But it was something other than beach signage.
MR. JORDAN: Because I read this and I thought it meant, are posted, meaning today.
And if it is not posted today and if the sign doesn't say no dogs or domestic animals
allowed, quote, it is quoted, it is not restricted.
COUNCILWOMAN DOHERTY: There are a lot of areas that aren't posted today and
we didn't want to have to do a resolution each time a section had to be posted. We
wanted to be able to have that department post the areas of the town, without getting a
resolution every single time.
MR. JORDAN: So the intention is that many areas that residents feel we can take the
dogs to may no longer be available? That is what you anticipate?
COUNCILWOMAN DOHERTY: No, I am just saying that there are a lot of areas that,
of town property that don't have any signs at all. And we need to put signage up and we
are just saying that the person, the superintendent can do his job without coming for a
resolution for every little sign that he is going to put up. Regardless of what the sign
says.
MR. JORDAN: So every area could have a sign in town?
COUNCILMAN TALBOT: I can't see that happening, I mean we would definitely hear
it and hopefully the residents would, when something comes up like this they are not
afraid to come out and speak, which you shouldn't be but ....
MR. JORDAN: But he will have the authority, there won't be a heating then. He can
issue the ....
COUNCILMAN TALBOT: Well, it is a good point that you are bringing up because it
looks like we can then paint the broad stroke across the whole town and block animals off
many things.
Amendments to Chapter 183 Public Hearing 21
January 29, 2013
COUNCILWOMAN DOHERTY: That is not our intention. Our intention is say you
want a sign at the end of Pequash and your whole community comes and says we want
the sign to say this and what have you, then you can go right to that department and make
a sign and put it there. Without having to go through a big public heating for just that
one little sign.
MR. JORDAN: Without a big public hearing? Well, that is exactly what I, so it could be
(inaudible) ....
COUNCILWOMAN DOHERTY: What I am saying is ....
MR. JORDAN: I heard what you said.
COUNCILWOMAN DOHERTY: Yeah, I know. And if tums out that ....
SUPERVISOR RUSSELL: It's language that should be struck from the legislation.
MR. JORDAN: Okay, thank you.
SUPERVISOR RUSSELL: Anybody that hasn't spoken yet? Ma'am, did you want to
speak?
MARGARET KNOWLDEN: I am Margaret Knowlden and at the age of 7 I was bitten
in the face by a dog. I lived my whole life in fear of dogs. As an adult, I finally was able
to get past it. I raised two children that have no fear of dogs, however, I was at the beach,
Founders Landing, last summer and someone came, they could have been a summer
person and they just let their dog loose. It could have had the leash on it but I think the
point I am going to make tonight is, when you have a fear of animals, any animals, you
emit like a I guess a chemical and the animal knows, they know you are afraid of them.
And the other thing is, if a child, you know, is afraid of an animal like this not everyone
takes care of their animal the same. Not everybody gets their animals shots or just cares
for them in general. So I just that it would be, also, I should tell you this, I had a family
picnic and a woman showed up with a dog and one of the children that were at the picnic
was injured. All he did was run away the dog didn't bite him but the fact is, it created
quite a stir with everybody that was at the picnic, so I just think that, it, you know, I don't
think that it is fair for dogs not to have a place to go but in the same token, are our
beaches here for the dogs or are they here for the people? And their children. So I just
hope that you would take into consideration. Also, I have a very good friend that works
for the Smithtown Guide Dog foundation. Guide dogs are working dogs. And usually
you are not afraid of them because they have been trained and they have been trained
very strictly, so and they are issued to people and even in those cases if the person is
abusive to the dog, the dog is taken away from them. I am talking about the blind person.
And they are not allowed loose on beaches ever. So that is all I have to say. I hope it
helps.
Amendments to Chapter 183 Public Hearing 22
January 29, 2013
SUPERVISOR RUSSELL: Thank you.
BOB GHOSIO: Bob Ghosio, I am from Greenport. I think I have somewhat of a unique
perspective I think on this in the sense that as a Trustee, I have seen some of the issues
that have been raised, say from Lillian Ball for example. Where the quality of our water
and our waterways is very important and we have seen waste from pets entering the
waterways, particularly at road ends, not so much from beaches. So it does occur. So
that is one concern that we have. On the other hand as just a regular person, I have been
attacked by dogs twice in my fail, once was by a Doberman pinscher when I was a
teenager and once as an adult, going to a job interview I was attacked by a pack of feral
dogs in Lake Ronkonkoma. So I know from the time I was about 13 years old until the
experience as an adult what the fear of, you know, the fear that people can have of dogs.
To this day, if I am approached by a dog that I don't know. In the same token, I have had
dogs my entire life. I currently have a pug and I have a boston terrier. Granted they are
small dogs and they are very friendly dogs but I have had dogs all my life. I think that
what we are doing today or what the Board is doing is very honorable in the sense that we
have a situation where we live in a place where the romantic notion of having you know,
a boy and his dog frolicking in the surf is a noble vision in one's mind. It is part of what
makes our town unique. One of the things that we want to hang onto is that romantic
notion that we can continue to live as a society where you can have that and maybe not
have to worry about some of these other issues like public safety. However, as a
government entity, you do have to take that into a situation. We have people on both
sides of the argument, people that want to make sure that they are protected and people
on the other hand that would like to enjoy some of the beauty that we have out here. As
having a perspective from both sides of that argument, I want to say that I would like to
cling to the notion that we can have, work our way through this and have a way in which
we can enjoy that unique scenario that we have where we can have people and their dogs
in a recreational atmosphere enjoying the waterways with their pets. I don't know exactly
how to do it but I just wanted to say I support it. And with that, thank you.
SUPERVISOR RUSSELL: Thank you. Actually, Scott, do you want to go?
SCOTT BOGER: My name is Scott Boger. I feel like I have got to stick up for the dogs,
just a little bit. I mean, I feel bad for everybody at Bailie beach because it obviously
sounds like it was a bad experience, I am hearing Doberman's, I am hearing rottweilers.
It can be any dog. I have three labs. Somebody might have seen me at Founders, I let
my dogs out at the ramp, they run right in and they go after the ball and when they are all
done, they jump in the back of my truck. I confess, they are not on a leash. They are
friendly, do I trust them 100 percent? But I know, they are an animal but like somebody
said, we can't, if somebody gets in a car accident, we can't lock that guy up, you know.
One car accident isn't going to ruin it for every motorist on the road. The dog poop, if a
dog turd, I don't want to say the wrong thing and I don't want to be disrespectful to
anybody ....
SUPERVISOR RUSSELL: Please feel free to say what you like.
Amendments to Chapter 183 Public Hearing
January 29, 2013
23
MR. BOGER: If a dog turd washes up on the beach, I mean, come on, there's all kinds
ofturds washing up on the beach. It is not just, do the dogs go swimming and take a turd
and it comes floating on the beach? The overflowing garbage cans with, at least people
are picking up the dog turd and putting it in a bag because I live up on, off of Soundview
Avenue and 1 go to Kenney's beach and there is a thing where, there is a thing where
there is a bag and you pick it up and you pick up your turd but I mean, people that come
out on the weekends, I am picking on the people that live up west, alright, I have been out
here for 40 years, it is beautiful out here. I don't live in Montana, I am hitting on a lot of
people, I don't live in Montana, I chose to live on the no~th fork where the water is and
my dogs love it. it is like you can't just, I don't know, I am losing all my train of
thought, I just want to stick up for the dogs. It is not just, one bad person, I don't trust
any of those dogs like anybody is mentioning and a lot of my friends have them and I
don't care what they say, I don't trust them. They are bred bad, whatever. It can be
anybody but it would be nice to make you know, oh, I know. The garbage cans are
overflowing with their diapers, too and the seagulls comes and dumps it on the beach.
You think that is not hurting the water? I mean, that is a poor excuse. A dog turd is not
polluting the water out here. It has got nothing to do with it.
SUPERVISOR RUSSELL: Can I, can we just, I am just going to ask everybody,
everybody should direct comments to the Town Board. Can everybody direct comments
to the Town Board? Scott, I just ask you all to direct your comments to the Town Board.
MR. BOGER: Alright. But my point, brown tide, I have never heard in any of the
articles I have read that it is because the dogs are pooping in the water. I would just like
to see the beach, alright you have got the lifeguards, we should, like Bob said, if we
could find a way to work something out. The person should be 100 pement liable for his
animal, 100 percent. It is not the dog's fault. They don't know. You should go there, if
we can provide, and they are, they are at the beaches. They are not at the beach I like to
go, I live right by the town beach and I was told I had to leave last year and I left. Not
happily but we have attendants, like we wonder how can we police the beach? You take
the town beach, there is always two people sitting in a chair at the little stand. Well,
maybe one person could sit so she could see the sticker and the other person can get up
and walk and monitor the beach. I mean, we could work for, I am now being mean, we
can work for our money a little bit. We don't just have to sit in a chair. We can police it.
A police officer shouldn't be down there patrolling the beaches, not at all.
SUPERVISOR RUSSELL: Just understand something, that the bathing beaches where
we have beach attendants are very few. Most of the beaches in Southold town are
informal road ends, they are not big swimming beaches with a lot of sand. The reality is,
we don't have attendants there during the winter at all, what we tried to do with this
legislation was to balance what we viewed as a very strident, existing law which basically
said, to our surprise, no dogs are allowed anywhere at any time on recreational areas
including beaches. We said we need to reel that in, balance that out and allow for some
limited access to dogs on beaches, to dogs in public parks. Obviously we didn't do it
well, and we need to take another look at it. but that is exactly what Bob had talked
Amendments to Chapter 183 Public Hearing 24
January 29, 2013
about, that is the essence of why we are here. It is because we are trying to balance out
some of these somewhat competing interests.
MR. BOGER: But give the dogs a chance. The tiger, whoever saw a tiger on the
beach ....
COUNCILMAN TALBOT: He was referring to the one in Las Vegas.
MR. BOGER: But whatever. Thank you.
SUPERVISOR RUSSELL: I am going to let Dan go. If everybody that hasn't spoken
yet, round two, now we will go with Dan.
MR. CATULLO: Alright, I just wanted, right off the bat I want to clear up this tiger
business. I brought that up because it was in all the papers. As they say of World War II.
This was in the papers and it was rather dramatic and these little animals were trained up
to become monsters and the fact is they were trained and they turned and almost killed
their trainer. And I brought it up because at the same time I brought up that Florida
incident with the killer whale. So there was nothing on the beach, I wasn't hallucinating
or prospecting that. 1 wanted to make a statement, I think Bob had said, this thing about
leasing time on the beach or spreading it around so that you have, it is good to have the
dog at a certain time and then it is not another and I just made some notes here, I said it is
inappropriate, improper or down right irresponsible behavior that won't change its nature
at the tick of a clock or the flip of a calendar page. And the safe area becomes a version
of the old wild west. If it is bad, it is bad not to be altered by the passage of time or
season. And it seems to me, where you are getting into a real, talk about slippery slopes,
you are getting into a situation where hey, when is the dog going to be allowed on the
beach and not if we are not strictly restricting them to leashes or preventing them from
going on beaches in the first place. Is it going to be in the evening, someone mentioned
walking at night. I love to walk in the evening at sunset, I have a beautiful view of the
sunsets from my beach. Or is during the heat of the day when the people are out bathing
and that is the safe time for the dogs to be, everybody has their own impression of when
they want to go. I wouldn't be caught dead on the beach at high noon on a summer day
when everybody else is loving it when they come out from the city. But on the other
hand, I like autumn walks on the beach. Who is going to define when I should give my,
give in to the free running dogs because somebody has their own notion of when it is
appropriate and that is a point I really wanted to emphasize with this thing. That
rationing out time at the beach and making it an arbitrary designation where this is a good
time for you and you will like it then and you will enjoy it in the autumn or you will
enjoy it at noon and the dogs will have sway the rest of the time. That's the slippery
slope you are going to get into when you start dividing up times and it, as I said, if it is
bad, it is bad. If it is inappropriate, it is inappropriate. If it is dangerous to people, some
people mentioning with the children etc, it is going to be dangerous at 8:00 at night or 5
in the afternoon or in the autumn or spring. Okay. Thanks.
SUPERVISOR RUSSELL: Thank you.
Amendments to Chapter 183 Public Hearing 25
January 29, 2013
MR. SMITH: I just need to address what Scott said earlier about the attendants down at
the beach, maybe one checking stickers and the other one checking, I had an incident at
the Nassau Point beach where the attendants ending up calling me because we had a
service dog come down with the family that they were letting run all over the place. She
tried to talk to them, they told her basically where she could go. They couldn't have
cared less. She called me, I went down, this woman gave me, I mean, holy mackerel, up
one side of me, down the other. I finally ended up calling the police. This woman
basically said this is my beach, I pay taxes, I can go what I damn well please. So that is
what you run into, so don't look for the poor kids to have to do something like this.
MR. BOGER: Then the police should enforce it.
MR. SMITH: But that is the problem. The enfomement. We don't have enough people
in this town to do the enforcement. I don't know how you guys are going to take care of
this whole thing. Because now you have got to look into the service dogs. Somebody
said as far as leashing all the dogs on the beach which I had mentioned before. Don't get
me wrong, I love dogs. We have had dogs all our lives. I just adopted a dog fi.om the
shelter for Christmas. So, I have got two dogs now. But something has to be done with
the dogs. They have to be, what's the word I want? Enforced. If you are going to put
the laws in, somebody has got to do the enforcement. I don't know how you are going to
do that. That's your job. That's what you get the big bucks for.
SUPERVISOR RUSSELL: Nancy and then you, Steve.
MS. SAWASTYNOWICZ: As the president of save Cutchogue.com, Dana Albert
emailed me this and asked me to read it tonight. Our dogs love the park at the end of
Pequash Avenue, as many dogs do in the Fleet Neck area. We all pick up after our
animals, whether in the park or on the street. Do not prevent our dogs, ourselves, this
little bit of pleasure. After all, if we can't enjoy this little bit of fun, why do we live here?
Certainly not for the stable weather conditions. Please read this letter at the town
meeting. Thank you.
MR. HUSAK: Alright, the other half of this law says domestic animals. I don't see take
your chicken to the beach day or walk your sheep on the beach day. what about homes?
Is it going to affect horses? I mean, there are a lot of people who like to take the homes
swimming in 95 degree weather in the summertime, cool them off. What is it going, how
are you going to address that?
SUPERVISOR RUSSELL: We just clarified that with another law. But I haven't had
one incident of complaint regarding horses and we are working with the equine
association for access for equine animals on town preserves, such as Marratooka etc. We
work very well with that organization and we incorporate that as part of our management
stewardship plan for our open space preserves.
Amendments to Chapter 183 Public Hearing
January 29, 2013
26
MR. HUSAK: Alright. The other thing with the leashes. I mean, common sense says if
you got 50 dogs on the beach, you short leash your dog. If you got no dogs on the beach,
it would be a beautiful place to let your dog run free. If you got two dogs on the beach,
yeah, you long leash your dog. But unfortunate, you can't legislate common sense. It
isn't going to happen. You know. Do I envision 100 dogs with leashes, 50 foot ropes
intertwined? No. I brought up the Montana law just as an example of a law, not saying
that we live in Montana, just like we don't have tigers walking on the beach. Thanks.
SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board
on this particular local law?
COUNCILWOMAN DOHERTY: I would like to say something before we close the
hearing. Everybody knows how this came up over a year ago and this was a place to
start. We needed a whole new law on this and what I tried to do is emulate what was
going on already in this town to try to balance both sides. And I have listened to a lot of
people and I am continuing to listen to a lot of people. And I think that I am really happy
that a lot of people came out for this and are speaking now because I have tried to reach
out to people, I am glad they are out and I think we have a lot more work on this and you
know, we need to tighten certain things up and it's a start and we are here to, for the
people of the town and this is what this law is for. So I appreciate everybody coming out
and speaking their mind on this.
This hearing was closed at 6:32 PM
Southold Town Clerk
Southold Town Board - Letter Board Meeting of February 12, 2013
RESOLUTION 2013-122
WITHDRAWN
Item # 5.4
DOC ID: 8537
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-122 WAS
WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 12, 2013:
TO BE WITHDRAWN
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 2nd day of January, 2013, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with
Dogs or Domestic Animals on Town Recreational Areas", and
WHEREAS the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at which time all interested persons were given an opportunity to be heard,
now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 193~ Parks and
Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational
Areas" reads as follows:
LOCAL LAW NO. 2013
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 193~ Parks and
Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational
Areas".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of
residents using Town recreational areas by enacting regulations pertaining to dogs and
other domestic animals on Town-owned recreational areas, beaches, children's play
areas, picnic areas and athletic fields.
II. Chapter 193 of the Code of the Town of Southold is hereby amended as follows:
§193-3.1. Regulations concerning dogs or domestic animals.
Generated February 13, 2013 Page 13
Southold Town Board - Letter Board Meeting of February 12, 2013
Prohibition. No person shall bring a dog or other domestic animal onto:
1. recreation areas, picnic areas, children's play areas and/or athletic fields
that are posted with signage indicating "No Dogs or Domestic Animals
Allowed" or "Dogs or Domestic Animals Prohibited";
2. bathing beaches during such times that a lifeguard is on duty;
3. an area that is within 50 feet of any recreation area that is posted for
protection of piping plovers and other endangered species.
Dogs or other domestic animals are permitted on all other recreational areas
unless specifically prohibited in § 193-3. I(A), subject to the following:
1. All dogs or domestic animals shall be under immediate supervision and
control of the owner or other responsible person (the owner or responsible
person has the ability to leash the dog or other animal immediately).
2. All dogs or domestic animals brought onto children's play areas, picnic
areas or athletic fields shall be leashed at all times.
All dog or domestic animal waste shall be removed in accordance with §83-
28(B).
The Superintendent may, in his or her discretion, promulgate additional rules and
regulations as necessary.
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: WITHDRAWN [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Doherty, Evans, Russell
Generated February 13, 2013 Page 14
RESOLUTION 2013-120
ADOPTED
DOC ID: 8534
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-120 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 29, 2013:
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 193~
Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town
Recreational Areas" 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, Evans, Russell
ABSENT: Albert Krupski Jr.
COUNTY OFSUFFOLK
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Department of
Economic Development and Planning
RECEIVED
FEB 8 PI3
Southold Town Clerk
Joanne Minieri
Deputy County Executive and Commissioner
Division of Planning
and Environment
January 28, 2013
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, NY 11971
ATT: Elizabeth A. Neville, Town Clerk
Applicant:
Zoning Action:
Resolution No.:
Public Hearing Date:
S.C.P.D. File No.:
Town of Southold
Amendment: Chapter 193 "Parks &
Recreation Areas, in connection with
Dogs or Domestic Animals on Town
Recreational Areas."
#2013-49
1/29/2013
SD-13-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 Planner
AF:aa
H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788-0099 · (631)853-5191
0~/26/2013 20:42
'-kUQtlDOn
I(dm Wilkin~tm
T R SANCTUARY
PAGE
YORK
· oo Trillium Lane
Albany, NY 122(i3
'Ik'l; 5[8-869-971[
Fax: 518.869.c?~7
attdu bonny@audubon,org
htt p://ny.audubon.org
January 2g, 2013
Scott Russell
Town Supervisor
$3095 Main Rd
P.O. Box 1179
Southold, NY 11971
RECEIVED
JAN 2 9 2012
$outhold Town Clerk
Dear Mr. Russell:
On behalf of Audubon New York, the state program of the Nat/oval Audubon
Society representing 50,000 members, I would like to offer the following
comments regarding the proposed amendments to Chapter 193 of town code, a
local law entitled: "A Local Law in relation to Amendments to Chapter 193,
Parks and Recreation Areas, in connection with Dogs or Domestic Animals on
Town Recreational Areas."
The mission of Audubon New York is to conserve and restore natural
ecosystems, focusing on birds, other wildlife, and their habitats for the benefit of
humanity and the earth's biological diversity. Coastal envimnmants support
some of the world's highest diversities of birds ss well as some of its largest
migratory and breeding congregations. Audubon New York is committed to the
protection of these habitats and coastal bird species and its Long Island Bird
Conservation Program directly addresses the conservation needs of those
species.
Of particular eoneem on Long Island are Piping Plovers (state endangered and
federally threatened) and Least Terns (state threatened). These ground-nesting
species are vulnerable to disturbances and predators - including pets. Dogs not
only have the potential to crush or eat eggs if they enter fenced nesting areas, but
also pose a risk to flightless chicks that use unfenced areas to forage. The
presence of both leashed and unleashed dogs, even outside of fenced areas,
causes adult birds to flush from their nests and eh/cks, and nrmrtended eggs or
chicks are vulnerable to predation and extreme temperatures.
The beaches in the Town of Southold pmvich: critical nesting habitat for Piping
Plovers and Least Terns, Eight beaches owned by the Town of Southold am
surveyed annually during the New York State Deparlment of Environmenhal
Conmtrvation's Long Island Colonial Waterbird Survey for beach-nesting bird
species. These sites have historically supported nesting Piping Plovers and/or
Least Terns e nd contain suitable habitat for these species. Of those eight sites, 4 regularly
support nesti~ tg Piping Plovers and Least Terns. To help ensure successful nesting of these
species on ~1 wn of Southold beaches we recommend that dogs ave prokibited from the following
sltesfromA 11 through August 31~t each year;
Kermy's Bern ;h, Mattituck, NY
McCabe's Be ~ch, Mattituck, NY
Cmll Pond, O 'eenport, NY
Little Creek.. 2utehogue, NY
In addition, a potential nesting sites should be monitored ann~ly for the presence of nesting
Piping Plovez and Least Terns and if these species are nesting at additional sites, the Town
should prohil~it dogs on those beaches for the duration of the breeding season (April 1~ - August
3 lSt). Througl~ many years of overseeing beach-nesting bird stewardship at these sites, our local
chapter, North Fork Audubon Society, has the expertise necessary to assess these beaches and
advise the To~n if additional sites me found to be
actiYe.
Piping Plovex4s are a federally threatened and state endangered species and as such are protected
~nder the En4angered Species Act of 1973. Intentional or unintentional take
(defined
as
harass,
, pursue,:hunt,.I shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any
s ch conductl of this speele, s is. prohibited, and landowners assume the, responsibility fftake
occurs on a p~operty. Prohibiting dogs from beaches with nesting Piping Plovers not only
benefits the birds, but also benefits the Town by eliminating the possibility that dogs would lead
to ma unintentional take.
We appreciate your consideration of this important conservation issue and are happy to speak
with you about it further if you have any questions.
Sincerely,
Kerri Dikun
Long Island
CC: The Tow
ird Conservation Coordinator
of Southold Board
01/26/2013
20:42 516-922-6734
T R SANCTUARY
PAGE
Coml~
Mailin
?honei 518-869-9731
Fax: 5i 8-869-0737
TO: l~wn ofSouthold Cl~rk
FAX #4631-765-6145
D^TEI 1/29/2013
ny name: Audubon New York
address: 200 Trillium Lane, Albany, NY 12203
FROM: Kerri Dikun
FAX #: 516-922-6734
Memo:!, Audubon New York comments on amench~ents to Chapter 193 of town code:
"A Lo~al Law in relation to Amendments to Chapter 193, Parks and Recreation Areas,
in cor~ ~ction with Dogs or Domestic Animals on Town Recreational Aa~as"
01
FreeFaxCover Sheet s. net
Page 1 of 2
Cooper, Linda
From: Standish, Lauren
Sent: Tuesday, January 29, 2013 8:15 AM
To: Cooper, Linda
Subject: FW: [SPAM] -re:proposed leash laws
RECEIVED
JAN 2 9 ~:~12
Southold Town Clerk
From: caroline [mailto:cjoh1515@yahoo.com]
~ent: Monday, January 28, 2013 6:27 PM
To: Standish, Lauren
Subject: [5PAM] - re:proposed leash laws
To Everyone Involved In Southold's Leash Laws
I would like to share some of my experiences regarding the
established leash laws and proposed leash laws in Southold. I am a
resident of Orient Point and have spent a portion of most days
exploring different beaches,trails and neighborhoods with my dogs
who are always leashed. At least once a week I will have an
unleashed dog approach us. Most recently I was walking the road
from the ferry to the end of the island when two dogs ran across the
field toward me with their owner at a distance. I yelled out to her
that my dog was not friendly to other dogs and she should stop her
dogs from approaching. Her response was to tell me that I had no
business walking my dog if he was not friendly. I explained to her
that my dog was leashed and according to law I was allowed to walk
my dog. I find it so common to run into people who believe they
have the right to let their dogs run free and I believe that the
wording of the Southold leash laws encourage this philosophy. So
many people I have encountered appear to be oblivious of the fact
that not every dog is dog friendly which could result in harm to
their pet. So many people I have encountered on my dog walks treat
the entire town of Southold as one big dog park.
This experience I have given you is not the exception, it is the rule
in Southold. I have already sent in a letter to the supervisor's office
listing so many other experiences I have had including a Narrow
River Road beach where a man lets his dogs out of the car so they
can run the beach while he stays warm in the car. Also on Narrow
River Road I"ve had the experience where a dog runs behind
his owner on a motorized bike until he sees me and my dogs and
leaves his owner and approaches us. In my own neighborhood I
have been told "leashes are unnecessary as this is farm country" by
the owner of a dog running free and joining in on my walk. At the
Dam Pond trails another dog owner with dog off leash didn't even
1/29/20 l 3
Page 2 of 2
realize his dog stopped following him and was following me instead. On
Land's End Road neighborhood a man told me "not to worry that his dog
was running free since the dog was friendly" except that it mounted one
of my dogs which was clearly not a friendly act and could of ended in
disaster. Also if his dog is friendly and mine is not, this is still a recipe
for disaster. I can continue to recant incidents of the same nature to
prove to you that many people here do not understand the phrase "to
keep their dog under the control of the owner". I would hope that the
town would strengthen the leash laws to state that dogs must be leashed
at all times on public property whether it is a beach or street or trail. If
the town wants to designate some beaches a dog park that is fine with
me as long as leash laws are emphasized in all other areas. It is a matter
of safety and the town has the responsibility to make all of its' residents
as safe as possible which is only possible if everyone leashes their dogs
on public propery.
I would hope that the town would demand that owners of dogs have them
leashed and drop the present language of "must be under the control of
the owner" which varies according to the owner's interpretation. Don't
dog owners like myself whose dogs may not be friendly to other dogs
have the right to enjoy a walk on the beach, on a trail, in a
neighborhood? Don't people who are not fond of dogs have the right to
walk these same areas and not be approached by unleashed dogs? Don't
we all have the right to walk without worrying that we are stepping on
dog defacation which is inevitable if dogs are off leash and the owners are
not aware of where their dog "does his business".
If the town wants to designate a particular beach or an area where dogs
can be off leash, in fact a dog park, that is fine with me as long as it is
emphasized that in all other areas dogs must be leashed. It shouldn't be
up to individual dog owners to determine whether their dog should be
leashed as an unleashed dog is a safety hazard for those of us who own
dogs who are not dog friendly. None of the beaches I frequent have
lifeguards yet on all of these beaches I have encountered dogs running
flee. What does that do to my right to enjoy a walk on the beach with my
dogs?
I hope that those who make the law in Southold will broaden their view
beyond the few beaches that have lifeguards and make strong leash
laws that apply to all public property in Southold so that all dogs and
their owners will be safe and the town will have less of a problem with
dog feces left behind.
Thank You
Caroline Johnson
Orient Point
1/29/2013
1/29/2013
Hello,
~ My name is Nancy Sawastynowicz. I live in Cutchogue.
I have a letter to read, and a few questions and suggestions
on the proposed changes of Southold Town Law on dogs in recreational areas.
~ Thank You for recognizing that dogs do belong in recreational areas...
The current law which might be understood as prohibiting dogs from beaches should be changed.
~ Even in the areas where other dogs are prohibited, There should be exceptions to
permit service dogs and for therapy dogs...
Paragraph D should be clarified, or it should be eliminated. ~ What kind of additional rules and regulations do you expect to be made?
~. Who is the "Superintendent"?
~,. How will additional rules and regulations be changed?
~ How will the changes be made public?
How will the proposed law be enforced? ~, What will be the penalties for violations?
.~ Will warnings be put on file?
~ Will violators be fined, banned or both?
1/19/13
Don't Restrict our Pet nor us!
Gmal - Don't Restrict our Pet nor us!
Dean37 <dean37@optonline.net> Thu, Jan 17, 2013 at 11:25 AM
To: neighbors@savecutchogue.com
Our dog loves the park at the end of Pequash Avenue as do many dogs in the Fleet Neck area. We ALL pick up
after our animals, whether in the park or on the street. Do NOT prevent our dogs or ourselves this little bit of
pleasure; after all, if we can~ enjoy this bit of fun, why live here? Certainly not for the stable weather conditions!
Please read this letter at the town meeting.
Thank you,
Deanna Alpert
5050 Pequash Avenue
Cutchogue, NY 11935
631-734-2831
dean37@optonline.net
Group for Cutchogue <cutchogreup@gmail.com>
To: Dean37 <dean37@optonline.net>
Thank You for your letter. Nancy will read it at the Public Headng.
[Quoted text hidden]
Cutchogue Group
www. savecutchogue.com
neighbors@savecutchogue.com
Sat, Jan 19, 2013 at 6:51 PM
htt~:~m~g~g~e.c~rr~rrei~c~u/1~?ui~2&jk=727ea2d~2&~ew=pt&search=inb~x&~n=13c4954~1 1/1
PLANNII~G BOARD MEMBERS
DONALD J. WILCENSKI
Ch~/r
WI~ J. CREMERS
KENNETH L. EDWARDS
JA.%dE8 H. RICH IH
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF $OUTHOLD
MARLING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Yourzgs Ave.)
Southold, NY
Telephone: 631 765-193S
Fax: 631 765-3136
MEMORANDUM
RECEIVED
To: Supervisor Scott Russell/
Town of Southold Town Board /
From: MarkTerry, Principal Planner
· LWRP Coordinator--
$outhold Town Clerk
Date: January 25, 2013
Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 1937
Parks and Recreation Areas, in connection with Dogs or Domestic Animals on
Town Recreational Areas"
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
SUMMARY OF LI_/AMENDMENTS TO CHAPTER 193
DOGS OR DOMESTIC ANIMALS ON TOWN RECREATIONAL AREAS
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS
AFTERNOON'S PUBLIC HEARING AMENDS CHAPTER 193 OF THE
SOUTHOLD TOWN CODE.
THE PROPOSED AMENDMENTS ADD A NEW SECTION OUTLINING
REGULATIONS FOR DOGS OR DOMESTIC ANIMALS ON TOWN-OWNED
RECREATIONAL AREAS. DOGS AND DOMESTIC ANIMALS ARE
PROHIBITED ON RECREATION AREAS THAT ARE POSTED AS SUCH, ON
BATHING BEACHES WHERE A LIFEGUARD IS ON DUTY AND NEAR AREAS
THAT ARE POSTED FOR PROTECTION OF PIPING PLOVERS AND OTHER
ENDANGERED SPECIES. DOGS AND DOMESTIC ANIMALS ARE
PERMITTED ON ALL OTHER RECREATION AREAS IF CERTAIN
CONDITIONS ARE MET. FINALLY, THE SUPERINTENDENT (DPW
DIRECTOR) IS AUTHORIZED TO PROMULGATE ADDITIONAL RULES TO
CARRY OUT THE INTENT OF THIS AMENDMENT.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR
REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE.
LOCAL LAW NO. 2013-001
§ 193-3.1. P, cgulat~c, ns¢c, ncc.--J,ng Companion Animals in Recreational Areas
I. Purpose. The purpose of these Amendments is to protect the public health, safety and
wellbeing of rcsidcnts of persons using Town recreational areas by enacting regulations
pertaining to dogs and other dc, mc3fi¢ companion animals on Town-owned recreational areas,
........ ~ beaches, ~ .......... v,u~ ar~uo plaverounds, plcmc areas and athletic fields.
A. Dogs and other companion animals are permitted on all recreational areas subject to § 193-
3. I(B), unless specifically prohibited in § 193-3. l (C).
B. Conditions: Every companion animal on a recreational area must be under supervision
and control of the owner or other person in possession of the animal. Supervision means the
person in possession of the animal is aware of where the animal is and what the animal is
doing. Control means that the person in possession of the animal is capable of restraining the
animal from any aggressive behavior towards, and any uninvited contact with~any person.
C. Prohibitions: No person shall bring a companion animal:
1. onto recreation areas,that are posted with signs prohibiting companion animals.
2. onto any recreation area that is posted for protection of wildlife.
PLANNING BOARD MEMBERS
DONALD J. WILCENSE/
Chair
WILLIAM J. CREMEI~
KENNETH L. EDWARDS
JAMES H. RICH III
MARTIN H. SIDOR
PLANNING BOARD oFFIcE
TOWN OF SOUTHOLD
L
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot, 1~zain Rd. & Youngs Ave.)
Southold, ~
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
RECEIVED
To: Scott Russell, Supervisor
Members
of the Southold Town Board/
From: Mark Terry, Principal Planner
LWRP Coordinator
JAN 2 5 i0!2
Southold Town Clerk
Date: January 25, 2013
Re:
A Local Law entitled "Local Law in relation to Amendments to Chapter 193~ Parks
and Recreation Areas, in connection with Dogs or Domestic Animals on Town
Recreational Areas".
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.
Cc;
Martin FJnnegan, Town Attomey
Jennifer Andaloro, Assistant Town Attorney
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 2nd day of January, 2013, a Local
Law entitled "A Local Law in relation to Amendments to Chapter 193~ Parks and
Recreation Areas~ in connection with Dogs or Domestic Animals on Town
Recreational Areas", 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 Southold Town Hall,
53095 Main Road, Southold, New York, on the 29th day of January, 2013, at 4:32 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 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic
Animals on Town Recreational Areas" reads as follows:
LOCAL LAW NO. 2013
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 193~
Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town
Recreational Areas".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of
residents using Town recreational areas by enacting regulations pertaining to dogs
and other domestic animals on Town-owned recreational areas, bathing beaches,
children's play areas, picnic areas and athletic fields.
II. Chapter 193 of the Code of the Town of Southold is hereby amended as follows:
§193-3.1. Regulations concerning dogs or domestic animals.
A. Prohibition. No person shall bring a dog or other domestic animal onto:
1. recreation areas, picnic areas, children's play areas and/or athletic
fields that are posted with signage indicating "No Dogs or
Domestic Animals Allowed" or "Dogs or Domestic Animals
Prohibited";
2. bathing beaches during such times that a lifeguard is on duty;
3. an area that is within 50 feet of any recreation area that is posted
for protection of piping plovers and other endangered species.
B. Dogs or other domestic animals are permitted on all other recreational
areas unless specifically prohibited in § 193-3.1 (A'}, subject to the
following:
1. All dogs or domestic animals shall be under immediate supervision
and control of the owner or other responsible person (the owner or
responsible person has the ability to leash the dog or other animal
immediately).
2. All dogs or domestic animals brought onto children's play areas,
picnic areas or athletic fields shall be leashed at all times.
All dog or domestic animal waste shall be removed in accordance with
§83-18(B).
The Superintendent may, in his or her discretion, promulgate additional
rules and regulations as necessary.
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.
Dated: January 2, 2013
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Town Clerk
Please publish on January 17, 2013 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 Attomey
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being
duly sworn, says that on the ,O~ day of ,.7?J n; ,2013, she affixed a notice of
which the annexed printed notice is a true 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 183 PH 1/29/13
Swor~ before mc
{~g~ day of
Notary P~
BONNI['J. D
this
20 3.
lic
)SKI
Notary Public, State Of New York
No. 01D06095328, Suffolk C~nty
lerm Expires July 7, 20 ~
Linda J. Cooper
Deputy Town Clerk
#11016
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
17th day of JanuarY1 2013.
Principal Clerk
Sworn to before me this
LEGAL NOTICE
Ja~ ~stic ~mais
sec~on, or pa~ of this L '
' be adjud ed b ~ Law shall
~J~ ~i~ to~E~ ~f ~mpetent
~is ~al Law sh~ t~e effe~ ~_
of S~te as provided by law.
Dated: Janua~ 2, 2013
BY 0~ OF ~
~ ~rk
(~/~ day of
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01 VO6105050
Qualified In Suffolk County
My Commission Expires February 28. 2016
SUMMARY OF LL/AMENDMENTS TO CHAPTER 193
DOGS OR DOMESTIC ANIMALS ON TOWN RECREATIONAL AREAS
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS
AFTERNOON'S PUBLIC HEARING AMENDS CHAPTER 193 OF THE
SOUTHOLD TOWN CODE.
THE PROPOSED AMENDMENTS ADD A NEW SECTION OUTLINING
REGULATIONS FOR DOGS OR DOMESTIC ANIMALS ON TOWN-OWNED
RECREATIONAL AREAS. DOGS AND DOMESTIC ANIMALS ARE
PROHIBITED ON RECREATION AREAS THAT ARE POSTED AS SUCH, ON
BATHING BEACHES WHERE A LIFEGUARD IS ON DUTY AND NEAR AREAS
THAT ARE POSTED FOR PROTECTION OF PIPING PLOVERS AND OTHER
ENDANGERED SPECIES. DOGS AND DOMESTIC ANIMALS ARE
PERMITTED ON ALL OTHER RECREATION AREAS IF CERTAIN
CONDITIONS ARE MET. FINALLY, THE SUPERINTENDENT (DPW
DIRECTOR) IS AUTHORIZED TO PROMULGATE ADDITIONAL RULES TO
CARRY OUT THE INTENT OF THIS AMENDMENT.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR
REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE.
aJAN. 29,2013E10:14AM ~a~-~a-a~a s c PLaNIN~ ~PT N0,367 P, 2a~ ~a
COUNTY 01~ SUFFOLK
Department of
Economic Development and Planning
Joanne Miuieri
Deputy Connty Executive and Commissioner
Souh~olu To',n C
Division of Phnning
and Environment
2013
Towu of Southold
53095 Route 25
P.O. Box 1179
Sou~koId, NY 11971
ATT: Elizabeth A. Neville, Town Clerk
Applicant:
Zoning Action:
Resolution No,:
Public Hearing Date:
$,C.P.D. File No.:
Town of Sou~hold
Amendment: Chapter 193."Parks &
Recreation A~ea.% in connection with
Dogs or Domestic Animals on Town
Recreational Areas,"
//2013-49
1/29/2013
SD- 13-LD
Dear Ms. N*ville:
Pursuant to ~e requirements of S~¢l~ons A14-14 ~ A14-25 of the Suffolk County
Admirdstrative Code, the above r~feren~d application which has been submitted to the S~fffolk
County Planning Commission is consictercd to be a matxer for local determination as ~e~e is no
apparent significant county-wide or inter-cormnunity impact(s). A decision of local
determination should not be construed as either an approval or disapproval,
Very truly yours,
Saxah Lansdale
Dix=cwr of Planning
Andrew P, F~
Planner
AF:aa
m~:~,IAN, 29,2013£10:!4AM ~3~-~s~-ae~4
$ C PL~NZN~ DEPT
coLrNTy OF SUYYOLK
Departmcn~ of
Jo~nn~ MlnJcri
Depu~ County EX~utiYe and Comm~Joner
NO, 367 P. IcE
To:
Lyn~c Kxa~za
To~ ofSouthold A~omey's Office
F: (63 ~ ) 765-6639
Andrew Amakawa
SC Division o£Planning & Environment
Date: 1/29/2013
Re: Araendment: Chapter 193
YOU SHOULD RECIZIT/'ff_, 2 PAGES INCLUDING TIllS CO~'E21 SIfEET. 1F YOU DO NOT
RECEIVE ALL OF THE PAGES, PLEASE C. dLL (631) 853,$19L
Dear Ly~ne:
As requested, I have a~aachext a copy of the determination ]e~aer for the above-
captioned referral. If you have any additional questions, do not hesitate to contact this
Sincerely,
Andrew Amakawa
RESOLUTION 2013-49
ADOPTED
DOC ID: 8408
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-49 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 2, 2013:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 2nd day of January, 2013, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with
Dogs or Domestic Animals on Town Recreational Areas" 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 29th
day of January, 2013, at 4:32 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 193~
Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town
Recreational Areas" reads as follows:
LOCAL LAW NO. 2013
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 193, Parks and
Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational
Areas".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of these Amendments is to protect the health, safety and wetlbeing of
residents using Town recreational areas by enacting regulations pertaining to dogs and
other domestic animals on Town-owned recreational areas, bathing beaches, children's
play areas, picnic areas and athletic fields.
11. Chapter 193 of the Code of the Town of Southold is hereby amended as follows:
§193-3.1. Regulations concerning dogs or domestic animals.
A. Prohibition. No person shall bring a dog or other domestic animal onto:
1. recreation areas, picnic areas, children's play areas and/or athletic fields
that are posted with signage indicating "No Dogs or Domestic Animals
Allowed" or "Dogs or Domestic Animals Prohibited";
2. bathing beaches during such times that a lifeguard is on duty;
3. an area that is within 50 feet of any recreation area that is posted tbr
protection of piping plovers and other endangered species.
Resolution 2013-49 Board Meeting of January 2,2013
B. Dogs or other domestic animals are permitted on all other recreational areas
unless specifically prohibited in § 193-3.1 (A), subject to the following:
1. All dogs or domestic animals shall be under immediate supervision and
control of the owner or other responsible person (the owner or responsible
person has the ability to leash the dog or other animal immediately).
2. All dogs or domestic animals brought onto children's play areas, picnic
areas or athletic fields shall be leashed at all times.
C. All dog or domestic animal waste shall be removed in accordance with §83-
18(B).
D. The Superintendent may, in his or her discretion, promulgate additional rules and
regulations as necessary.
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, Councilwoman
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Updated: 1/3/2013 11:20 AM by Elizabeth A. Neville Page 2
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
KENNETH L. EDWAI~DS
JAMES H. RICH III
MARTIN H. SIDOR
PLANNING BOARI) OFFICE
TOVfN OF SOUTHOLD
MEMORANDUM
To:
From:
Date:
Elizabeth A. Neville, Town Clerk
Donald Wilcenski, Chairman, Planning Board
January 7, 2013
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
Southo~d Town Clerk
Re:
"A Local Law in relation to Amendments to Chapter 193, Parks &
Recreation Areas, in connection with Dogs or Domestic Animals on
Town Recreation Areas"
Thank you for the opportunity to provide comments on the amendments to the
Town Code referenced above.
The Planning Board has reviewed the proposed amendments and supports the
changes.
cc: Scott Russell, Supervisor
Members of the Town Board
Page 1 of l
Cooper, Linda
From: Candice Schott [cschott@timesreview.com]
Sent: Thursday, January 10, 2013 10:34 AM
To: Cooper, Linda
Subject: Re: Chapter 193- Dogs in parks and rec areas 1-29-13
HI Linda,
I have received the notice and we are good to §o for the 1/17 issue.
Thanks and have a §reat day!
Candice
From: <Cooper>, Linda <Linda. Cooper~town.southold.ny.us>
Date: Thursday, January 10, 2013 9:25 AM
To: tr-legals <legals~timesreview.com>
Subject: Chapter 193- Dogs in parks and rec areas 1-29-13
Good morning.
Please confirm receipt of this legal notice of public hearing for the 1/17/13 issue of the Suffolk Times.
Thank you and have a great day.
Icoop
1/10/2013
RESOLUTION 2013-49
ADOPTED
DOC ID: 8408
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-49 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 2, 2013:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 2nd day of January, 2013, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with
Dogs or Domestic Animals on Town Recreational Areas" 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 29th
day of January, 2013, at 4:32 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 193~
Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town
Recreational Areas" reads as follows:
LOCAL LAW NO. 2013
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 193~ Parks and
Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational
Areas".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of
residents using Town recreational areas by enacting regulations pertaining to dogs and
other domestic animals on Town-owned recreational areas, bathing beaches, children's
play areas, picnic areas and athletic fields.
II. Chapter 193 of the Code of the Town of Southold is hereby amended as follows:
§193-3.1. Regulations concerning dogs or domestic animals.
A. Prohibition. No person shall bring a dog or other domestic animal onto:
1. recreation areas, picnic areas, children's play areas and/or athletic fields
that are posted with signage indicating "No Dogs or Domestic Animals
Allowed" or "Dogs or Domestic Animals Prohibited";
2. bathing beaches during such times that a lifeguard is on duty;
3. an area that is within 50 feet of any recreation area that is posted for
protection of piping plovers and other endangered species.
Resolution 2013-49 Board Meeting of January 2, 2013
B. Dogs or other domestic animals are permitted on all other recreational areas
unless specifically prohibited in §193-3.1 (A), subject to the following:
1. All dogs or domestic animals shall be under immediate supervision and
control of the owner or other responsible person (the owner or responsible
person has the ability to leash the dog or other animal immediately).
2. All dogs or domestic animals brought onto children's play areas, picnic
areas or athletic fields shall be leashed at all times.
C. All dog or domestic animal waste shall be removed in accordance with §83-
18(B).
D. The Superintendent may, in his or her discretion, promulgate additional rules and
regulations as necessary.
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, Councilwoman
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Updated: 1/3/2013 11:20 AM by Elizabeth A. Neville Page 2
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NewYork 11971
Fax (631) 765-6145
Telephone (631) 765-1800
www. southoldtownny, gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January11,2013
Re: Resolution Numbers 2013-49 & 2013-50 - A Local
Law in Relation t Amendments to Chapter 193, Parks
and Recreation Areas, in connection with Dogs or
Domestic Animals on Town Recreational Areas of the
Code of the Town of Southold.
Donald Wilcenski, Chairman
$outhold 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 January 2, 2013 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 4:32 PM, Tuesday, January 29, 2013.
Please do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours, ·
Elizabeth A. Neville
Southold Town Clerk
Enclosures {2)
cc: Town Board
Town Attorney
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
PO. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
www. southoldtownny, gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 11, 20~3
Re: Resolution Numbers20:t3-49 & 20~.3-50 "A Local
Law in Relation to Amendments to Chapter 193, Parks
and Recreation Areas, in connection with Dogs or
Domestic Animals on Town Recreational Areas of
the Code of the Town of Southold
Andrew P. FreelinB, Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freeling~
The Southold Town Board at their regular meeting held on January 2, 2013 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 4:32 P.M., Tuesday, January 29, 2013. Please do not hesitate to contact me, ifyou have any
questions. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures (2)
cc: Town Board
Town Attorney