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HomeMy WebLinkAboutLL 2013 #05 -cy STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A_ PERALES GOVEF-OR ALBANY, NY 12231-0001 SECRETARY OF Src IE August 26, 2013 Lynda M Rudder RECEIVED Deputy Town Clerk SEP - 3 2013 Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 5 2013, filed on August 23, 2013 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.OOS.NY.GOV E-MAIL" INFO@DOS.W.GOV SOUTHOLD TOWN BOARD PUBLIC HEARING July 30, 2013 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Councilman James Dinizio Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:15 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 18`h day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town" 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 30`h day of July, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83. Animals, and Chanter 193, Parks and Recreation Areas, in connection with Control of Dops or Domestic Animals throughout the Town" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town Amendments to Chapters 83 & 193 2 July 30, 2013 residents and guests using Town recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog(s) or domestic animal(s) in the Town of Southold to permit or allow such doggy or domestic animal(s) to run at laree: A. Rtm at large elsem wre. Other than upon the premises of the owner or custodian uriless said dog shall be on a leash or- asee"anied by a per-son at least 12 years a age, having adequate eeFAFel of sueh de , or unless be upon the premises of another person with the knowledge and consent of such person. Per- the purpose of B. Other than upon recreational areas subject to the provisions of & 193-3.1. B.C. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. E.D. Cause damage or destruction to property other than the property of the owner or person harboring such dog. D.E. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: 4193-3.1. Regulations concerning does or domestic animals. A. Dog(s) or other domestic animal(s) are permitted on the following Town-owned recreation areas and subject to the following conditions: 1. Parks, picnic areas, children's play areas, trails and/or athletic fields, if the dog or domestic animal is restrained on a leash not more than four feet in length at all times. Amendments to Chapters 83 & 193 3 July 30, 2013 2 Beaches if the dog or domestic animal is restrained on a leash from May 1 through October 1 between the hours of 9:00 a.m. and 6:00 p.m. 3 Town designated dog runs with no leash required. B Dog(s) or other domestic animal(s) are not permitted on the following Town- owned recreation areas: 1 Parks picnic areas children's play areas and/or athletic fields and trails that are posted with signage indicating "Dog(s) or Domestic Animal(s) Prohibited"; 2 Designated bathing beaches during such times that a lifeguard is on duty. Designated bathing beaches include Goose Creek Beach, Kenny's Beach, Norman E Klipp Marine Park Beach McCabe's Beach, New Suffolk Beach Southold Town Beach and any other bathing beach desig an ted by the Town Board in a duly adopted resolution; 3 Land that is within 50 feet of any recreation area that is posted for protection of Piping plovers and other endangered species. C Unless otherwise stated herein where dog(s) or domestic animal(s) are permitted on Town-owned recreation areas the dog(s) or domestic animal(s) shall be under immediate supervision and control of the owner or custodian with the ability to immediately leash the dog(s) or domestic animal(s). D The leashing requirements of this Section shall not apply to a dog or dogs hunting in the company of a hunter or hunters on recreational areas where hunting is permissible or to bonafide service dogs. E All dogs permitted on Town-owned recreation areas shall have a collar that adequately displays a valid dog license. F All dog(s) or domestic animal(s) waste shall be removed in accordance with &83- 18(B). §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. $ Bring aa other- a ste animal into eatio al a e4hef th it4ing the Farm"g of dogs a4 lafge. All .7,..... herein h i t b d re a these where h 1 ...hied s ell be resu:a-i ,..I At all lim-es 0 Amendments to Chapters 83 & 193 4 July 30, 2013 6.B Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Superintendent. P.C Fail to produce and exhibit any permit from the Superintendent which he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. €.D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. RE Erect any structure, stand or platform or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a letter from Suffolk County, Sarah Lansdale, director of Planning and Andrew Freleng, chief planner `Pursuant to the requirements of Sections A 14-14 to 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 impact. A decision of local determination shall not be construed as either an approval or a disapproval.' We have a letter from Donald Wilcenski, chairman of the Planning Board `Thank you for the opportunity to provide comments regarding the above proposed amendments to the Town Code. The Planning Board has reviewed the proposed amendments and supports the adoption of this legislation.' I have a notice that it was posted in the Suffolk Times on July 18`h and on the Town Clerk's bulletin board on July 19ei and that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? CYNTHIA WELLS: Cynthia Wells, I live in Southold. It all sounds quite reasonable except the length of the leash. Most leashes are sold in the pet stores at least 6 feet in length. So you are going to require everybody in the whole area to go out and buy new leashes to accommodate for this law. I just find that a little harsh. Most leashes, if they are not extension leashes which the extension leash you can make it 4 feet but if people just have a regular leash, they are 6 feet. Amendments to Chapters 83 & 193 5 July 30, 2013 That is the way they are sold. I don't remember seeing any leash, especially for a big dog, that is sold at a length of 4 feet. COUNCILWOMAN DOHERTY: But we got that length from other codes in other towns and this is specifically on recreation fields for like say, you want to bring your family dog to watch your son play soccer or something. They can hold that leash closer. MS. WELLS: That is different, I would always hold my dog closer because I have got a jumper, so I am not going to, you know, I don't have a problem with holding it closer but to say the leash has to be 4 feet that is different than to say you can hold it closer. And in New York City which is, I mean, I am not saying that is better it is just that is what I am familiar with, is it is 6 feet. In Los Angeles, it is 6 feet. I don't understand.... COUNCILWOMAN DOHERTY: We felt that keeping your dog within the 4 feet radius of yourself at an athletic field where kids and other people were running around was reasonable. MS. WELLS: I find it reasonable too but do you see what I am saying? If you make everybody have to comply to getting a 4 foot leash.... COUNCILWOMAN DOHERTY: Wait, we are not saying that the leash has to be 4 feet, we are saying that the dog has to be tethered at 4 feet to your body. MS. WELLS: That is not what I heard... COUNCILMAN TALBOT: What I think the biggest part that you are missing here is that dogs were not allowed in those areas at all.... SUPERVISOR RUSSELL: Right. COUNCILMAN TALBOT: You are now allowed to bring them there as long as you have them on a 4 foot leash. You can chose to keep them out of there and not go on the beaches when people are there or not go in the parks. MS. WELLS: No, I am not missing that at all. That is why I said at the beginning, I said that's all really reasonable, that is all really great. I have no problem keeping my dog on the leash. It is the wording of the leash has to be 4 feet long... COUNCILMAN TALBOT: Yes. MS. WELLS: So that you can get a ticket if the leash is 6 feet long? COUNCILMAN TALBOT: I find that hard to believe that is ever going to happen. SUPERVISOR RUSSELL: We actually borrowed from other codes. Also, the Suffolk County has many assets in Southold Town, there current code requires 4 feet of length for leash. So if you are at Cedar Beach.... Amendments to Chapters 83 & 193 6 July 30, 2013 MS. WELLS: Okay, it's just that, is this like a done deal or can we check that the pet stores are selling, I don't even know of any selling a 4 foot leash. COUNCILWOMAN DOHERTY: We are not saying you have to buy a 4 foot leash, we are saying you have to keep the leash can only be extended 4 feet at these areas. MS. WELLS: That is great but that is not the wording I was hearing. I am sorry to be a stickler, it is just I don't want to get a ticket if I have a longer leash. COUNCILMAN TALBOT: Have you gotten a ticket there before, walking around on the beaches or the parks or anything? MS. WELLS: No. COUNCILMAN TALBOT: I don't think you are going to get a ticket for a 4 foot leash. MS. WELLS: My understanding was just that the enforcement was going to, people were really going to try to enforce it. COUNCILMAN TALBOT: Where did you hear that? MS. WELLS: At one of the previous meetings. It is just the wording, you have to have the.... TOWN ATTORNEY FINNEGAN: Why don't we just change it to say animal is on a leash and restrained not more than 4 feet from the owner? Is that clear? MS. WELLS: So that people don't have to go out and buy new leashes. SUPERVISOR RUSSELL: That is really what our intention is anyway. COUNCILWOMAN DOHERTY: Yes, we want to make that clear. TOWN ATTORNEY FINNEGAN: Alright, we will make that clarification. SUPERVISOR RUSSELL: Who else would like to comment on this particular local law? Dan? DAN CATULLO: Dan Catullo, Mattituck. I was going over the incarnation, the recent incarnation of your law on the dogs and I noticed something of interest here. The amendment is, the purpose is to protect the health, safety and well-being of the town residents and guests. People of the town. For the life of me, I can't see how this law is worded is going to help my safety and my well-being. I just can't see the mechanism in place where what is written here in this law as opposed to what is now in existence is going to help my safety and I would like anyone of you to tell me exactly how that works? How is my safety going to be enhanced by this new law as opposed by the 1981 law? I can't fathom that. Does anybody have an answer to that, how that works? Amendments to Chapters 83 & 193 7 July 30, 2013 COUNCILMAN TALBOT: It is good wording. MR. CATULLO: Pardon? COUNCILMAN TALBOT: Good wording, culled out of the old law. Trying to come up with a compromise for the last year and a half but you know.... MR. CATULLO: Well, at any rate, the wording is, I think it is just a clichd. COUNCILMAN TALBOT: Well, you are going to have, probably splitting hairs here 50-50 here where people are going to be happy or not so happy but you have to go in some direction and get something done on it. MR. CATULLO: Alright. Well, I just thought that was a little bit inaccurate. At any rate, I also noticed that the East Hampton people have seen the light in my view. They have attended to the problem of dogs on the beaches by in fact, putting restrictions on free roaming dogs. Doing just exactly the opposite of where we are going. Heading towards, but not to, the 1981 position that we have taken on the north fork. In fact, let me just briefly go over, I have a copy of the article from the East Hampton Star when this thing was passed by them. The headline, `Get out the leash dog lovers, Rover no longer free to roam on village beaches' and it mentions previously dogs could run at will during the hours that they were allowed on the ocean beaches, before 9 AM and after 6 PM in the summer months. Sound familiar to anyone? This is East Hampton and they are changing their laws. And the reason for this. Those who have complained about dog waste and aggressive encounters. Here is another one, those whose sunset picnics and other gatherings were interrupted by dogs. These are all facts that we have brought up here in the past. They were mentioned here again and again at town meetings. Apparently these people are wise enough to be taking action in the right direction because of those complaints. It seems to me we are not wise enough to do the same. We are taking this thing and putting it right on its head, turning it upside down. That is sad. That is really sad. People will say well, look, the south fork, the hamptons, we are not the hamptons, we are the north fork. We have a different agenda, we have different values. Yes, thank god we are not the south fork. But true wisdom is universal not south or north. Just remember that. If the town wants this law, well, okay. It is going to have to live with it as is but I only ask that this law be effective within the confines of those areas that are outlined. That means in the case of Bailie beach which I am going to specify here because that is my main concern but I appreciate other people's concerns as well, if it maintains in the confines of the perimeters of Bailie beach that is fine but I see that as not happening. I see the fact that this is going to break out of it. It is going to get beyond that area and come down to the east. It has been doing it for all these years. And it will continue to do so, I am pretty sure. How do we stop that? Signage might be a good idea. Putting up appropriate signs and making sure that people are aware of it. I am always concerned about vandalism. We have had it down there. Signs have been knocked down at the end of Bailie beach in the past. It may happen. We can try it though. A sign with restrictions allowing that there is a perimeter there and private property is beyond might help. But more importantly, there is a dagger to the east in our hearts, the property owners to the east of Bailie beach and that dagger is the following: below mean high water is public trust area, is public access. I have no problem with that. As Scott will know, I have been an advocate for people having access to the water below Amendments to Chapters 83 & 193 8 July 30, 2013 mean high water. That is fine. What happens when these people have free running dogs in that area? Those free running dogs aren't staying on public trust property. Those dogs are in our yards doing what dogs do and a lot of those things they do are not very nice, as we have gone over and I am not going to repeat all of that again because I have done it any number of meetings here but you should very well be aware of that. Now the whole idea of this mean high water line. It has been nebulous, there have been any number of arguments over the eyars. On the west side of the inlet for other reasons, there have been any number of, almost coming to blows, adversarial confrontation. Well, if in fact the town claims that all this public trust area below mean high water east of that Bailie beach, if that area is forbidden to unleashed dogs, it would resolve the problem. Maybe a 30 word addendum to your verbose law here. What happens with that? It eliminates this whole problem about where's mean high water. Is the rack line here, is the tide line there, where is the sand, where is the storm put this here, doesn't matter. If in fact that area is off limits, I am standing on my property, my property is off limits to unleashed dogs, obviously, that is my mandate. Below mean high water, by town fiat and the state as you said, the state has allowed you to make that decision. EPA is okay with it. You can say no unleashed dogs in that area. I am standing on my property, there is no dog allowed on my side of it and by town fiat there is no dog allowed on the opposite side of it. So, any dog that is in that area, unleashed, is an illegal dog. Case closed. Enforcement is easy and we go to court or get a fine. And that should be pretty straight forward and simple. If the town enacts this corollary to your law, in other words, no unleashed dogs below mean high water period. I mean, the only thing I am really after, one of the main things the thrust of all my arguments since this horrendous event last year, is I want to prevent threatening, dangerous, unwanted elements from intruding on my private property. I don't want them in my yard or at my throat. I don't see anything unreasonable about that. Why there is a debate about it. I don't know. I just don't get it. Just take apart these pieces and say where is the argument going to come from? I just don't understand. I mean, I have talked and talked, I have given proof and statistics, insurance statistics, emergency room statistics, observations in the emergency room, experiences, the media coverage. Apparently ignored, forgotten or it is simply denied. You talk about holocaust denial. I mean, it is as if I have never mentioned all the bad things that have been happening, to hear a lot of these people talk about dogs, especially the unleashed ones. Well, I am not going to go into that again. We have been through and through that, I have been at a lot of meetings and I have talked myself blue. What I would like to do, did you distribute that letter that I gave you Scott? By chance, have you all read that? SUPERVISOR RUSSELL: Which letter was that? MR. CATULLO: The one in early July. I thought it was pretty pertinent. Well, that me do this, for public record and public consumption, let me go through it. it is brief enough. Hopefully, the time has arrived when Southold will provide some relief in the matter of free running beach dogs. Ironically, the attack on me took place before 8:30 AM, see police report, and therefore lies outside the purview of your new proposed law. Thus rendering moot the complete resolution of the very problem that has precipitated this action in the first place. The somewhat unique situation that presents at Bailie beach and its environs should require a modification in how the public is alerted to possible developments after the law is passed. Because of a wide spread misperception, Bailie beach seems to be one long dog run that extends from the inlet to some infinite point far to the east and that the whole width of that beach from the bluff to the water is Amendments to Chapters 83 & 193 9 July 30, 2013 open to public exploitation. No consideration is given to private property above the mean high water line. And thus many of the simplistic suggestions for resolution of the beach dog problem fail to confront this reality or appreciate the fact that many of us enjoy sitting in our own yard, in peace, without fear of confrontation as has occurred so many times in the past. The new law would continue to provide opportunity for opening private property to violation and its owners liable to harassment and to safety and health issues. Either because of ignorance, bad habits or an unfortunate tendency to disregard the feelings or needs of others, the dogs will come, romp, annoy or threaten when released from the restraint for which the leash was created. And this would occur well beyond the limits of what is designated as Bailie beach and is one of the actual venues of the laws application. Our beach front is unique as property in that no fences or barriers can protect owners from thoughtless or lawless intrusions because of the laws of nature and of Southold Town. Virtually every unleashed dog will trespass on beach owners property during any passage east of Bailie beach corridor, thus the new law without a strongly and diligently attended proviso enables selfish and irresponsible dog owners to create great mischief and thus prevent the dog owning residents from fully enjoying a most vital and lovely part of their property at perhaps the most desirable time of day or season of the year. And this brings up the point of these arbitrary hours. What is bad at one hour and dangerous at one hour is fine another, I mean, it is just crazy. What provisions are you going to make to protect those of us with property adjacent to Bailie beach? Okay, I mentioned the signage, I mentioned making the area of the low mean high water a prohibited area for unleashed dogs. I put down an appropriate sign that I thought might be workable. The new law without appropriate restrictions and oversight would be nothing but a specious attempt to placate those of us that are concerned about the dog problem, especially those of us who have the most to lose, such as what was demonstrated in my yard, near Bailie beach on May 8, 2012. Okay, the way it works for me and the way I view it (inaudible) provisions are brought in, this corollary I mentioned this is no law at all. And any law that promotes anarchy, even if it is dog anarchy, it is an oxymoron and a fraud. Thank you. ARLENE CATULLO: Arlene Catullo, Mattituck. I am just really hoping that if this law pass, it is not acquiescent as Mr. Talbot would say, have you ever been fined for your dog being on property that it should be on? I just don't, if you are going to do it to appease dog owners, really I suggest that you have the dogs leashed. I haven't really said that we didn't want dogs at all, we just said that they are leashed. And it is true, when I am sitting down there or I used to walk as I mentioned at a previous meeting, stopped because you encounter the dog, freeze in my tracks and wait until the dog owner would leash their dog or at least get it in their control because they do have a free range once they are on Bailie beach. That's is what we are asking for, when you mention the safety and welfare of residents it should be for the safety and welfare of the people and not to appease dog owners. And that is what I am asking you to consider, a leash on the beaches. Or at least enforce the law. And not just sit back and say okay, we have a law and if I have to call you know, I don't want to look like I am disturbing the police because you know, someone is not abiding by the law. Thank you. SUPERVISOR RUSSELL: Let me comment, first of all we have already had discussions with Jeff Standish on signage and we are going to put signage down there and I think that is going to at least address many of yours and Dan's concerns. The signs might get vandalized, it might get ripped out. We will put more up, it happens at all the beaches. That being said, I know that Amendments to Chapters 83 & 193 10 July 30, 2013 Councilwoman Doherty has been meeting with the police chief and others to talk about the understanding, if we are going this route, we are going to need to rely on you to enforce the provisions of this, like any code, why pass it if we can't enforce it? it is going to be an ongoing process, there might be a time when we are facing the same debate they are facing in East Hampton but I think at this point, the Town Board wants to do something. It is clear we are making both sides a little bit unhappy and that would tell me that this Town Board has worked very hard to try to find as even a balance as possible. MS. CATULLO: right, I understand and I appreciate your efforts but I just also would ask, you know, if they listen, dog owners to be responsible as they say they and when they see someone walking the beach, that they make an attempt to at least leash their dog before the dog approaches a pedestrian on the beach. Thank you. SUPERVISOR RUSSELL: Okay, thank you. Who else would like to address the Town Board? BILL SHIPMAN: Bill Shipman from Cutchogue. I forwarded a couple of pictures to Jim regarding busses and limos.... SUPERVISOR RUSSELL: Let me just ask, I am sorry Bill, we will listen to everything you have to say in a few minutes, we just want to finish the public hearing. This is a public hearing for a local law. Let me finish that and then when we close that, I will take comment on other issues. MARY MCTIGUE: I am Mary McTigue from Southold. I wanted to show you actually a sign that is up in Southampton township of the compromise they made for dog owners and it is specific times with the violations stated on the signs. SUPERVISOR RUSSELL: Okay. Thank you. I will give this down to Betty and she will make sure we all get a copy. MS. MCTIGUE: Yeah, it's just, I am not going to go through everything I said before, it seems like this code, the train has left the station so to speak. It is going to be enacted, I don't understand why, like this gentleman, I can't wrap my head around the logic of the safety and the health hazard and everything else it creates but okay, let's go with that. I read this code several times and I don't understand a few things so if you just answer a few things for me, why in a recreation area such as a park would a dog need to be on a leash? COUNCILMAN TALBOT: Kids running around, more activity in there and then if you have dogs running around and the dogs are excitable... COUNCILWOMAN DOHERTY: I don't know if you are thinking dog park.... MS. MCTIGUE: No, I am thinking about a soccer field.... Amendments to Chapters 83 & 193 11 July 30, 2013 COUNCILWOMAN DOHERTY: Yeah, if kids are playing soccer you don't want the dogs running around the fields while they are in the middle of their game and dogs get excited with the confusion. MS. MCTIGUE: Okay, so what if I am on the beach playing Frisbee with a bunch of kids, why is the dog allowed off the leash? COUNCILMAN TALBOT: It wouldn't be according to the code between 9 and 6. MS. MCTIGUE: Well, that brings me to another point but I just want to understand the logic between why a recreation area such as a park a leash is required and here we are at the beach which isn't a recreation area and it is not. COUNCILWOMAN DOHERTY: It makes sense, I mean, I would like to see us take the hours out and just have say a dog needs to be on a leash between May 1 and October 1 on the beach at all times but this is a compromise that we all came up with. I think that if we find, I think it would be easier to enforce if we took the times out and just say a leash on dogs at all times but we decided to try it this way. We can always... MS. MCTIGUE: You lost me with the logic with the whole thing. When it comes to naming beaches that will permit dogs with, you know, not leashed after 6:00 and you decided to name those five beaches or maybe six, where there is a lifeguard on duty or not and I just don't understand that either. What does a lifeguard have to do with it? SUPERVISOR RUSSELL: We specifically, at the request of the Parks and Recreation Committee, preclude dogs from being on beaches while lifeguards are on duty. Lifeguards are young men and women who are there with a pretty substantial charge, that is to protect the safety of swimmers and if we didn't want, and the Parks and Rec Committee expressed concerns about the distractions that might take place when people take pets on beaches that are swimming beaches when they are on duty. MS. MCTIGUE: Okay. But all bets are off after 6:00 on these specific beaches. That you named in the code. SUPERVISOR RUSSELL: No, the.... MS. MCTIGUE: The lifeguard leaves and now you can bring your dog. SUPERVISOR RUSSELL: Yes. MS. MCTIGUE: Okay. But for example, at Goldsmiths there is no lifeguard, right? SUPERVISOR RUSSELL: Right. MS. MCTIGUE: What happens there during the day? They are not allowed? Amendments to Chapters 83 & 193 12 July 30, 2013 SUPERVISOR RUSSELL: Not between 9 and 6 is it? COUNCILWOMAN DOHERTY: Yes, between 9 and 6 you would have to leash your dog. SUPERVISOR RUSSELL: You would have to have a leash. MS. MCTIGUE: What about after 6? SUPERVISOR RUSSELL: No leash. MS. MCTIGUE: No leash. Okay, so why are we naming beaches at all? COUNCILWOMAN DOHERTY: That came out in one of the public hearings, we didn't originally name the beaches but people didn't know where the lifeguard beaches were and it was, it came out of a public hearing that they requested that we put the names of the beaches in the code, even though when you get your beach sticker you get that list. MS. MCTIGUE: Not always. But okay. It seems to me that once you start naming the beaches where this behavior is now allowed, these beaches will be named on pet friendly web sites, sooner than later and now these beaches are now targeted for that behaviors and maybe not the other beaches that maybe you would have said it was okay too. Am I crazy or what? SUPERVISOR RUSSELL: Let me clarify some confusion. The town did not designate or name beaches where dogs are not permitted. The town a few months ago passed a resolution designating specific beaches as swimming beaches. Those are regulated by the Suffolk County Department of Health and that resolution was done to meet the needs of Suffolk County Department of Health. That was unrelated to the issue of this dog law. Yes, this dog law did use lifeguards as a basis for discretion but the naming of those beaches had nothing to do with the passage of this dog law. It was a completely separate issue. And also for insurance purposes, we are required to publicly identify where swimming is going to be allowed with a lifeguard on duty and every place else is at your own risk. MS. MCTIGUE: Well, I just, I guess I am saying if you are going to put this through can you just pull the names off and just make it throughout the whole town? Why does anything have to be named? SUPERVISOR RUSSELL: I don't.... COUNCILWOMAN DOHERTY: We are naming the beaches that.... TOWN ATTORNEY FINNEGAN: They are bathing beaches. COUNCILWOMAN DOHERTY: They are bathing beaches. We are not saying these are the beaches dogs go on, we are just saying dogs cannot go on lifeguarded beaches and here are the lifeguarded beaches. If they can't be on a lifeguarded beach, they will say well, where is the Amendments to Chapters 83 & 193 13 July 30, 2013 lifeguarded beaches? So we are telling them these are the lifeguarded beaches that you cannot have your dog on while a lifeguard is on duty. MS. MCTIGUE: Okay. I just want to now talk about code enforcement because prior to, a new code enforcer just being hired, right? In early July? I guess when this code was decided to be changed it was because the town received a bunch of calls from people upset that dog were on beaches. So this is why this all started and maybe the code was never being enforced then, obviously if a bunch of dogs were on the beach, you are getting a lot of calls. So now you have a new code enforcer, when, what are their hours? How many people and how many.... COUNCILMAN TALBOT: 8:00 to 4:00, normal hours, Monday through Friday. MS. MCTIGUE: How many code enforcement officers? COUNCILMAN TALBOT: One code enforcement officer who has the designation to work weekends if we need him. COUNCILMAN DINIZIO: He is nowhere near, now, to be able to go out. Okay, he is training. At least a month before that is going to happen. SUPERVISOR RUSSELL: Let me just explain, we also have bay constables and we have no less than 5 police officers on duty at any given time. Usually 6 or 7 police officers. They are all expected and I know we have had discussions with them that they are going to be part of the enforcement component here. We have.... MS. MCTIGUE: Just now, not last summer. SUPERVISOR RUSSELL: We have no less than 5 plus a sergeant. So it is not just the code enforcement officer, bay constable, police officer, it is all hands on deck. COUNCILWOMAN DOHERTY: And the lifeguards are instructed to let people know of the law if they are on there. MS. MCTIGUE: I just want to make sure there is enough manpower to make sure this works properly. That is all. Thank you. MR. CATULLO: Just to reemphasize the importance of that last suggestion I made when I was discussing things, the idea of that public trust area which is an avenue, I call it a dagger to the heart of those homeowners to the east, because and especially with this 9 to 6 business going on and even that East Hampton article saying that people were disrupted at their sunset picnics and et cetera. These are times that I have mentioned this in the past, these are times that most of us, my wife and my family, we don't go down in the heat of the day, we don't touch the beach in the heat of the day. New Yorkers may, the city boys come out, fine. But now we have to contend with these. Why? Well, we are away from Bailie beach, 400 feet, but there is that avenue, that dagger, that corridor which people use and with a free running dog there is no way, it is not the dogs fault, there is no way a dog can appreciate private property or proper conduct. It is the Amendments to Chapters 83 & 193 14 July 30, 2013 owner and there are too many owners that don't give a damn quite frankly. And so we are in the confrontation situation where we are on our yard and we are at a time, watching the sunset even bird watching and that is another thing, watching the dogs come by and chase all the birds around. Black back gulls, whatever terns, whatever is around. Golden eyes. They chase them all, alright. I am a bird watcher but not a fanatic about it. The point is, it is a disturbance. Major disturbance, not talking about major bite issues which brought that up, I brought up at the beginning. If you close that corridor by simply prohibiting unleashed dogs, I am not saying any dog, you talk about a compromise, what we have done or what the town has done or proposes to do here is to make two giant leaps for the dog owners and a half leap, that is a heck of a lousy compromise. That goes from no dogs at all to letting them run at all these times when in fact, if you happen to be off the scale and want a certain time that is not really the usually, the usually sunny, bright, high sun type of day, it just doesn't work. I wish you would really consider resolving that problem by allowing us to have our time on our beaches, in our yards, realize with that curfew that you have established, the reverse curfew you have established, these dogs would be down there and challenging us at a time, as I mentioned in that letter, at a desirable time of the day or season of the year because you seem to think spring and fall are subject to, can be subject to dogs running free as well which I don't agree with. They are my favorite seasons. I wish you would all consider, consider limiting unleashed dog in that avenue, that public trust corridor. It would take maybe a 30 or 40 word addendum to your, the verbiage of your law and it will solve a lot of problems and it will resolve the enforcement because you see a dog there, you know, private property no dog. Down below mean high water, it has been forbidden by the town and it is illegal period. COUNCILWOMAN DOHERTY: I don't know if it is as simple as you say because you would have to say something that dogs between the water and the high tide mark because somebody wants to let their dog go swimming, they are not going to have the dog onteh leash, that is too dangerous. MR. CATULLO: Yeah but I am talking about outside of the perimeter of Bailie beach or the other town beaches. That is why the first part of this thing, the premise is you have got to have an established perimeter and it has to be available to the people. You have to have a kiosk with a map or you have to have a sign, east and west Mattituck park district here, private property here. Somehow you have to allow until people become accustom because as I said, there have been decades of bad habits that have established, like hardened concrete, have established a certain behavior pattern. And a lot of (inaudible) somebody made mention of the fact that you have got to enforce this from minute one once this law is passed or you are going to lose the ballgame. That is the key thing. Once this thing is established and it goes into effect, there should be no slack until people get the message. And if it takes a kiosk with a map or signs and then as you say Jill D, they will take their, they will be able to go in the water. That was a big thing. They have 100 feet there or how many feet, they can go in the water. And bathe, let the dog bathe. So it is basically simple, if you follow this thing to the letter and it has never been followed to the letter and that is why it is complicated now. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? Sir? Amendments to Chapters 83 & 193 15 July 30, 2013 KEN HERING: Ken Hering from Mattituck, Mattituck Estates. I live up by the cliffs, we have property on the cliff just east of this gentleman, okay. My dog is 5 years old, I do take him down, he does swim. We have access from the beach from Sound Avenue but we walk back to Bailie beach. He is most of the time on the leash, if he is not, all I have to do is click my hand and he is right back. With this new law, is it going to prevent me from coming back off the beach, I mean, if I am say, below the high water line. He swims all the time, he is a rescue dog. SUPERVISOR RUSSELL: No, quite the opposite. For the first time, permits you to do with your dog what you have been doing with your dog for all these years. MR. HERING: There are several homeowners, we go down 94 steps and we walk to Bailie beach and come back for our walk. I take care of many of their houses up on the cliff area, watching them, my dog travels with me. Let's me know if anybody is there. I train him, he is a police dog and he is very friendly. He is intimidating by looking at but he won't hurt anybody unless he gets a command or somebody tries to hurt him. I just don't want to be barred from the beach. SUPERVISOR RUSSELL: No, I think the only restriction is when you are traversing over private properties below the mean high water mark. MR. HERING: Well, I go below the high water mark. SUPERVISOR RUSSELL: Okay. MR. HERING: Thank you so much. Any questions for me? COUNCILMAN TALBOT: He just has to leash his dog when it's on the road. TOWN ATTORNEY FINNEGAN: The law applies, there is some confusion here. SUPERVISOR RUSSELL: Okay, I am sorry. TOWN ATTORNEY FINNEGAN: The applies below the high water mark, it goes all the way out, I mean there is an exemption in Nassau and Suffolk county for regulatory issues that go out into the middle of the Sound on the north shore. So yes, the law does apply and can be enforced in the public trust area. SUPERVISOR RUSSELL: The time frame, the leash requirement, you would be subject to the timeframe of when leashes are required and not required. MR. HERING: We go down the middle of the day or something. We have property right there on the Sound, just east of this gentleman. Maybe 15 houses down. COUNCILWOMAN DOHERTY: So at that time you would need a leash on the dog. Amendments to Chapters 83 & 193 16 July 30, 2013 SUPERVISOR RUSSELL: You would need a leash. You are not prohibited from taking your dog but you would need a leash. MR. HERING: I can put him on a leash and he will walk (inaudible) I just hold the collar out, he just puts his head in there. so I can get back to Bailie beach when I can't get to the steps because they are washed out. COUNCILWOMAN DOHERTY: Right. If you have a leash on the you can do that. SUPERVISOR RUSSELL: He is permitted to do what he is doing provided he goes on the leash during this particular time. MR. HERING: Just another thing, the lady before was recommending a longer leash law, when you hold the dog for training which I have gone through training, I want my dogs trained, you hold the end in one hand and the slide in the other. So a 6 foot is not, 4 foot is cutting it awful close. I mean, when the dog goes to pull, you are supposed to pull like this. That is 4 feet right there. You might want to consider it.... COUNCILWOMAN DOHERTY: If we change it to say that a leash is not let out more than 4 feet. MR. HERING: That would be fine. Thank you so much for your time. Good night. SUPERVISOR RUSSELL: Okay. Would anybody else like to comment on this particular local law? (No response) This hearing was closed at 8:54 PM Q th A. Neville C -TL" Southold Town Clerk c 7$ T?+ North Fork Environmental Council ~ 12700 Main Road PC Box 79 4 North F rlk /y~ Mattitu k9 NY 11952 Environmental Council Phone: 631.298.8880 V Fax: 631.298.4649 Web: www.NFECl.org 15 April 2013 RECEIVED Attn: Mr. Scott Russell, Supervisor Southold Town Board APR 1 6 2013 Town Parks, Beaches and Recreation Committee 53095 Route 25, P.O. Box 1179 S*uftW T Southold, NY 11971 Town Berk RE: Proposed Lease Law The North Fork Environmental Council (NFEC) wishes add its comments to the leash law debate. First and foremost, the NFEC must look at this from the environmental standpoint. There are two issues of concern: 1) Dogs wandering into and disturbing sensitive habitats and harming protected species, such as piping plover nesting grounds as well as tiger salamander habitats, to name two, and 2) the ecological and health hazards posed by dog waste not picked up. While the discussion has centered on the beach, the Town must look at the issue in the broadest possible sense. Whether it be on the beach, in a Town Preserve or on a Town Trail, or in protected wetlands, it is the belief of the NFEC that dogs on a leash of reasonable length - say no more than 20 feet - at all times so that the owner has control of the dog and the dog remains in his/her sight in order to protect sensitive habitat and endangered species. An argument was offered that perhaps leashing of dogs be done only during the summer season. By restricting the leash law to that time period you are permitting the dogs to run free during prime nesting and nursery seasons of birds, like the piping plover, and other animals thus permitting damage to the habitat or the animals themselves and that is not acceptable. Page 2 Currently, the Town does not seem to have a grave issue with dog waste significantly adding to the issue of nitrates in our ground and surface waters. However, just as the human population swells in the summer, so does the dog population. But that population increase does pose another health problem - the transmission of hook, round and other worms to through the feces of infected dogs, especially to young children who put sand, dirt and other things in their mouths or go about barefoot in the summer, especially on the beaches. In either case, dog owners must pick up after their dogs on any public property, especially our beaches. And if the dog isn't leashed and under control and observance of the owner, there is no way the owner can know when and where the dog waste needs to be picked up. The NFEC Board loves animals but we do not believe that untrained dogs or irresponsible owners should be allowed to cause havoc in sensitive areas, whether for the well being of the native animals and birds or the native or visiting people. Dogs being leashed on any public property is the right thing for the good of the environment and the good of the community. This does mean that people who live on the waterfront and have dogs must also abide by the rules. If their dog is on the beach it must be leashed. Some will argue that they have rights as a property owner to the mean high water mark. True. But just as others argued, dogs do not know where the mean high water mark is. In fact, most people don't know that. And since fencing is not permitted on beaches, all dogs on the beach should be leashed. From a way of life/quality of life standpoint, we must also say that the leash law make sense. The Town cannot have some beaches allowing free-roaming pets and not others. It makes even self-enforcement, especially for seasonal visitors, almost impossible. People do have the right to enjoy the parks, beaches, preserves and other public properties without the fear of being bitten by a loose dog. There are dog park alternatives as well as the enjoyment of your dog on private property. And there may be other options to look at down the road - a preserve or beach designated as a "leash-free" zone, at least during certain days or hours, so that all people using that park know what to expect and can make their decision to use that park accordingly. Of course, acceptions to the leash law need to be noted, such as hunting dogs during the course of a hunt. But we trust the Town will clearly define those few exceptions. With that said, for the safety and protection of sensitive habitats, endangered species and for people themselves, the NFEC believes that a year-round, all encompassing leash law on public property is the proper way to go. 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Bill#:1000202291216 C1erk:02 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER Go to: https://Postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS Customer Copy *041V RESOLUTION 2013-602 ADOPTED DOC ID: 8997 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-602 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 13,2013: WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 181h day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throuehout the Town" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 30`1' day of July, 2013, at 7:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throughout the Town" reads as follows: LOCAL LAW NO. 5 of 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throughout the Town". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town residents and guests using recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog(s) or domestic animal(s) in the Town of Southold to permit or allow such doggy or domestic animal(s) to: A. Run at larger other than upon the premises of the owner or custodian less said dog shall be " a leash o ied by „ person at least 12 year-s "f age, having adequate eentf-el efsueh do , or unless it he upon the premises of another person with the knowledge and consent of such person. Feof this iel.,dog or dogs hunting in eefRpany with s hunter or h„n,e..s shall he Resolution 2013-602 Board Meeting of August 13, 2013 B. Run at large other than upon recreational areas subject to the provisions of S 193- 3.1. A.C. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. E.D. Cause damage or destruction to property other than the property of the owner or person harboring such dog. D.E. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: 4193-3.1. Regulations concerning dogs or domestic animals. A. Dog(s) or other domestic animal(s) are permitted on the following Town-owned recreation areas and subject to the following conditions: 1. Parks, picnic areas, children's play areas, trails and/or athletic fields, if the dog or domestic animal is on a leash and restrained no more than four feet from the owner or custodian at all times. 2. Beaches, if the dog or domestic animal is restrained on a leash from May 1 through October 1 between the hours of 9:00 a.m. and 6:00 p.m. 3. Town designated dog runs with no leash required. B Dog(s) or other domestic animal(s) are not permitted on the following own- owned recreation areas: 1. Parks, picnic areas, children's Way areas and/or athletic fields and trails that are posted with signage indicating `Dog(s) or Domestic Animal(s) Prohibited'% 2. Designated bathing beaches during such times that a lifeguard is on duty. Designated bathing beaches include Goose Creek Beach, Kenny's Beach, Norman E. Klipp Marine Park Beach, McCabe's Beach, New Suffolk Beach, Southold Town Beach and any other bathing beach designated by the Town Board in a duly adopted resolution; 3. Land that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endangered species. C. Unless otherwise stated herein, where dog(s) or domestic animal(s) are permitted on Town-owned recreation areas, the dog(s) or domestic animal(s) shall be under immediate supervision and control of the owner or custodian with the ability immediately leash the dog(s) or domestic animal(s). D. The leashing requirements of this Section shall not apply to a dog or dogs hunting in the company of a hunter or hunters on recreational areas where hunting is permissible or to bonafide service dogs. E. All dogs Rermitted on Town-owned recreation areas shall have a collar that adequately displays a valid dog license. F. All dog(s) or domestic animal(s) waste shall be removed in accordance with §83- §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating Updated: 8/15/2013 3:43 PM by Lynda Rudder Page 2 Resolution 2013-602 Board Meeting of August 13, 2013 liquor. R. Bring a deg o other- demestia a mal i..t.. r eational areas othe1 tl'°n B. a temebile parking eeneetirses and w lks i .nedintely ..djaeent the..et.. NOthin be..ein .hall he a nntmed n rmitting the niiming of dogs at large All d0- i th..nn Afea ..d.er-e n •eh n orals a "":µed shall he .rest faine.l nt all times 011 adequate leashes not greater than F ur F et in len.nh C.B Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Superintendent. D.C Fail to produce and exhibit any permit from the Superintendent which he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. E.D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. Ii.E Erect any structure, stand or platform or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. IV. 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. V. 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 [5 TO 11 MOVER: James Dinizio Jr, Councilman SECONDER: Christopher Talbot, Councilman AYES: Roland, Doherty, Talbot, Evans, Russell NAYS: James Dinizio Jr Updated: 8/15/2013 3:43 PM by Lynda Rudder Page 3 o~Og11FF0(~-co ELIZABETH A. NEVILLE, MMC ti~ Gy Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 CA Z' Southold, New York 11971 REGISTRAR. OF VITAL STATISTICS p • Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1500 RECORDS MANAGEMENT OFFICER wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD EM679787923US August 20, 2013 Express Mail RE: Local Law No. 5 of 2013 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 5 of 2013 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, 4 n, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ? County ? City 0 Town of SOUTHOLD ? Village Local Law No. 5 of the year 2013. A Local Law entitled, A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town Be it enacted the Town Board of the: ? County ? City 0 Town of SOUTHOLD ? Village 1. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town residents and guests using recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog(s) or domestic animal(s) in the Town of Southold to permit or allow such dog(s) or domestic animal(s) to: A. Run at large other than upon the premises of the owner or custodian, or upon the premises of another person with the knowledge and consent of such person. B. Run at large other than upon recreational areas subject to the provisions of §193-3. L C. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. D. Cause damage or destruction to property other than the property of the owner or person harboring such dog. E. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) 1 III. 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. Dog(s) or other domestic animal(s) are permitted on the following Town-owned recreation areas and subject to the following conditions: 1. Parks, picnic areas, children's play areas, trails and/or athletic fields, if the dog or domestic animal is on a leash and restrained no more than four feet from the owner or custodian at all times. 2. Beaches, if the dog or domestic animal is restrained on a leash from May 1 through October 1 between the hours of 9:00 a.m. and 6:00 p.m. 3. Town designated dog runs with no leash required. B. Dog(s) or other domestic animal(s) are not permitted on the following Town-owned recreation areas: 1. Parks, picnic areas, children's play areas and/or athletic fields and trails that are posted with signage indicating "Dog(s) or Domestic Animal(s) Prohibited"; 2. Designated bathing beaches during such times that a lifeguard is on duty. Designated bathing beaches include Goose Creek Beach, Kenny's Beach, Norman E. Klipp Marine Park Beach, McCabe's Beach, New Suffolk Beach, Southold Town Beach and any other bathing beach designated by the Town Board in a duly adopted resolution; 3. Land that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endangered species. C. Unless otherwise stated herein, where dog(s) or domestic animal(s) are permitted on Town- owned recreation areas, the dog(s) or domestic animal(s) shall be under immediate supervision and control of the owner or custodian with the ability to immediately leash the dog(s) or domestic animal(s). D. The leashing requirements of this Section shall not apply to a dog or dogs hunting in the company of a hunter or hunters on recreational areas where hunting is permissible or to bonafide service dogs. E. All dogs permitted on Town-owned recreation areas shall have a collar that adequately displays a valid dog license. F. All dog(s) or domestic animal(s) waste shall be removed in accordance with §83-18(B). §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. B Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Superintendent. C Fail to produce and exhibit any permit from the Superintendent which he claims to have upon request of any authorized person who shal l desire to inspect the same for the purpose of enforcing compliance with any law or rule. 2 D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the-authority of a permit. E Erect any structure, stand or platform or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 3 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 13 of the (6eext+y)~Git54(Town) (age) of SOUTHOLD was duly passed by the TOWN BOARD on August 13 , 20 L3_, in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (approvedxnot approvedxrepassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 4 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 above. Clerk o e County legis ative body. City. Town or (Seal) Village -Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: August 15.2013 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains ct text and that all proper proceedings have been had or taken for the enactment of the local law annexed he e Signatur Martin D. Finnegan, Town Attorney Jennifer Andaloro. Esq.. Assistant Town Attornev Title C Gity Town of SOUTHOLD ¥iHage Date: August 15.2013 6 Rudder, Lynda From: Sue Savage <ssavage@generalcode.com> on behalf of ezsupp <ezsupp@generalcode.com> Sent: Monday, August 19, 2013 8:06 AM To: Rudder, Lynda Subject: RE: LL #5 Good morning. Lynda. This will be included in the August update. Have a good day! Sue From: Rudder, Lynda [mailto:lynda.rudderCaltown.southold.ny.us] Sent: Thursday, August 15, 2013 3:42 PM To: ezsupp Subject: LL #5 Can this be included with the August update as well? 1 RECEIVED AN 12 2111 0 August 8, 2013 E C E U E I Southold Town Clerk ~ D AUG 12 2013 To: All Members of the Towvn Board SUPERVISOR'S OFFICE Re: The ongoing discussion of "Dogs On The Beach" TOWN OF SOUTHOLD I am a full time resiident of Southold, and live on Dogwood Lane, one block from Kenneys Beach. I don't understand] the reasoning that dogs should be allowed to run loose after the lifeguards leave the beachem Many residents, ardults and children alike, go down to the beach at night to see the sunset and have a swim. Trhis is the time of day when the beach is not as hot and many people enjoy it. Why shoulld I, or my grandchildren, be limited to the hottest part of the day to use the beach to avoid the dogs. Just because "FIDO" needs to run, there if a dog park for that purpose. As far as dogs running on the beach and in the water, for sanitary reasons alone, dogs should be kept: off the beaches, especially during summer months. There is an old adage, never show fear around a dog. They sense fear. Children who are fearful, can be victims mf dogs. Will the town be responsible for law suits if dogs are allowed to run loose and atttack anyone? Many dog owners care responsible, but many are not, and if they can get away with not picking up dog waste, rmany do. I have pictures of dog waste all over Kenneys' beach. Right now there is a sign, "No Dogs Allowed", which people ignore. I Also, people walk thieir dogs all along the west side of Kenneys road and leave dog waste all the time, and the! rain water washes that right into Great Pond. The laws we have arre not being enforced. The new "code" is so confusing, and without code enforcers, why botherr. Enforce the rule we have now "no does allowed on beaches". I Thank you, Mary (Farrell) McTrgue July 2, 2013 Q W 2 B U L~ D Southold Town Board Main Road Southold, NY RYIS0WS OEFICE TOWN OF SOUTHOLD Dear Supervisor Russell and Town Board members, Hopefully the time has arrived when Southold will provide some relief in the matter of free running beach dogs. Ironically, the attack on me took place before 8:30 A.M. (see police report) and therefore lies outside the purview of your proposed new law - thus rendering moot a complete resolution of the very problem that has precipitated this action in the first place. The somewhat unique situation that presents at Bailie Beach and its environs should require a modification in how the public is alerted to possible developments after this law is passed. Because of a widespread misperception, Bailie Beach seems to be one long dog run that extends from the inlet to some infinite point far to the east, and that the whole width of that beach, from the bluffs to the water, is open to public exploitation. No consideration is given to private property above the Mean High Water Line - and thus many of the simplistic suggestions for resolution of the beach dog problem fail to confront this reality or appreciate the fact that many of us enjoy sitting in our own Yards in peace without fear of confrontation (as has occurred so many times in the past). The new law would continue to provide opportunity for opening private property to violation and its owners liable to harassment, and to safety and health issues. Either because of ignorance, bad habit, or an unfortunate tendency to disregard the feelings and needs of others, the dogs will come, romp, annoy or threaten when released from the restraints for which the leash was created. And this would occur well beyond the limits of what is designated as Bailie Beach, one of the actual venues for the law's application. Our beachfront is unique as property in that no fences or barriers can protect owners from thoughtless or lawless intrusions (because of the laws of Nature and of Southold Town). Virtually every unleashed dog will tresspass on beach owners' property during any passage east of the Bailie Beach border. Thus the new law, without a strongly and diligently attended proviso, enables the selfish and irresponsible dog owner to create great mischief and thus prevent non dog owning residents from fully enjoying a most vital and lovely part of their property at perhaps the most desirable time of day or season of the year. What provisions are you going to make to protect those of us with property adjacent to Bailie Beach? A suggestion - posting a sign at the eastern margin of Bailie Beach something to this effect: TOWN BEACH PROPERTY LIMIT PRIVATE PROPERTY BEYOND NO UNLEASHED DOGS BEYOND THIS POINT And enforcing this proviso vigorously! The new law, without appropriate restrictions and oversight, would be nothing but a specious attempt to placate those who are concerned about the dog problem - especially those of us who have the most to lose (such as was demonstated in my yard near Bailie Beach on May 8, 2012). Sincerely Yours, Dot~ Loa" 6," Dan Lawrence Catullo SUMMARY OF LL/AMENDMENTS TO CHAPTER 83 AND CHAPTER 193. CONTROL OF DOGS OR DOMESTIC ANIMALS THROUGHOUT THE TOWN THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTERS 83 AND 193 OF THE SOUTHOLD TOWN CODE. REGARDING CHAPTER 83, THE PROPOSED AMENDMENTS PROHIBIT ALL DOGS THAT ARE NOT ON THE PREMISES OF THE DOG OWNER OR A CUSTODIAN FROM RUNNING AT LARGE. THE PROPOSED AMENDMENTS TO CHAPTER 193 ADD A NEW SECTION OUTLINING REGULATIONS FOR DOGS OR DOMESTIC ANIMALS ON TOWN- OWNED RECREATIONAL AREAS. DOGS AND DOMESTIC ANIMALS ARE PERMITTED ON: 1. PARKS, PICNIC AREAS, CHILDREN'S PLAY AREAS AND/OR ATHLETIC FIELDS IF THE ANIMAL IS ON A LEASH THAT IS NOT MORE THAN 4 FEET IN LENGTH AT ALL TIMES. 2. BEACHES, IF THE DOG OR DOMESTIC ANIMAL IS RESTRAINED ON A LEASH FROM MAY 1 THROUGH OCTOBER 1 BETWEEN 9:00 A.M. AND 6:00 P.M. 3. TOWN DOG RUNS WITH NO LEASH REQUIRED. DOGS OR OTHER DOMESTIC ANIMALS ARE NOT PERMITTED ON THE FOLLOWING: 1. TOWN RECREATION AREAS POSTED WITH SIGNAGE • INDICATING "DOG(S) OR DOMESTIC ANIMAL(S) PROHIBITED". 2. DESIGNATED BATHING BEACHES WHEN A LIFEGUARD IS ON DUTY. 3. LAND WITHIN 50 FEET OF ANY RECREATION AREA POSTED FOR THE PROTECTION OF PIPING PLOVERS AND OTHER ENDANGERED SPECIES. AN EXCEPTION TO THE LEASH REQUIREMENT ARE DOGS IN THE COMPANY OF A HUNTER ON RECREATION AREAS WHERE HUNTING IS PERMITTED AND BONAFIDE SERVICE DOGS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. BEACH RECREATION AREA } ATTENTION PFT 0 NERS APRIL 1 OCTOBER 1 PETS ARE PROHIBITED AT THIS A.OCATIOIN Please fid1low rules and enjoy your visit Pets are ALLOWED. at all other limes unless otherwise posted due to Special ManAiment Concerns. Pets must be under immediate control of owner or responsible person at all times. All animal waste must be disposed of in proper containers. VIOLATORS WILL BE SUBJECT TO A INE UP TO $250 ® Code d the Toweof S outhampton ~ 150 & § 111. RECEIVED JUL 1 6 2013 Southold Town Clerk Steven Bellone SUFFOLK COUN"rY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment July 12, 2013 "Town of Southold 53095 Main Road P.O. Box 1 179 Southold, NY 11971 Attn: Elizabeth A. Neville, Town Clerk Applicant: Town of Southold Zoning Action: Amendments to Chapter 83 Animals and Chapter 193 Parks and Recreation Areas Adopted Resolution No. 491 & 492 S.C.P.D. File No.: SD-13-LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 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 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 e ' Andrew P. Freleng Chief Planner APF:cd LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 1178"099 ¦ (631)853.5191 r i I' . #11269 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 18th day of July, 2013. Principal Clerk Sworn to before me this day of t 2013. IsizvoLl SK PKJTP_.RY PUBLIC-STATE OF NEW YORb: Na. olv06105050 Qualiiied in Suffolk County 28. `1110 r:^ Commission Expires Fe n"' §83-6. Prohibited activities. ber domestic art section, or part of this Local Law shall It shall be unlawful for any person mu, into .teeteational areas other th res 1 be adjudged by any court of competent owning, harboring, in possession of or jurisdiction to be invalid, the judgment in control of any dog(s) or domestic shall not affect the validity of this law as animals in the Town of Southold to a whole or any part thereof other than permit or allow such doeis) or domestic the part so decided to be unwnstimlion- animal psto run at large: All dogs in those I al or invalid. A. Run-ai-Txrge-clsewpere- Other V. EFFECTIVE DATE mal~~all be restrained at. Than upon the premises of the owner This Local Law shall take effect im- or custodian mediately upon filing with the Secretary than foul ;eet in length "-feasts FB Build or attempt to build a of State as provided by law. reasa fire except in such areas and under such ! Dated: June 18, 7013 emdre+Mf-saeb- . or unless -it be upon regulations as may be designated by the BY ORDER OFTHE the prenuscs of another person with the Superintendent. TOWN BOARD OFTHE knowledge and consent of such person. 13C Fail to produce and exhibit any TOWN OF SOUTHOLD permit from the Superintendent which Elizabeth A. Neville dwr he claims to have upon request of any Town Clerk or a net er 5 shall 1), considered as accent authorized person who shall desire to in- 11269-LT 7/18 1---Hy spec( the same for the purpose of enfore- B.Olher than upon recreational areas ing compliance with anv law or rule. .uh ect to the nmvis''ons of tl193-Z L E.D. Disturh or interfere unreason- &C. Engage in habitual howling or ahl-v with any person or party occupying barking or conduct itself in such a man- am' area or participating in an activity ncr ut (o habitualh, annoy anv person under the authority of a permit. other than (ho owner or person harbor- EE Erect any structure, stand or plat- 11" such dog, form or hold any meetings, perform any FD. Cause damage or destruction to ceremony, make a speech or address, pnapertc other than the property of the exhibit any performance or form any ueocr or person harboring Such dog. parade or procession in anv recreational HF. Chase or otherwise harass any area without first obtaining authoriza- pcrson in such manner as reasonably m tion. came intimidation or to put such person IV. SEVERABILITY In r<a,onahl, apprehension of bodily If any clause, sentence, paragraph, MAILING ADDRESS: PLANNING BOARD MEMBERS r3F S0 [ P.O, Box 1179 DONALD J. WILCENSKI O~~ TyOI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR Southold, NY f1I, O Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM JUL 1 7 2"' ,,.r. To: Elizabeth A. Neville, Town Clerk Southold Town,! • From: Donald J. Wilcenski, Chairman b~a Date: July 19, 2013 Re: Resolution Number 2013-491: "A Local Law in Relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town" Thank you for the opportunity to provide comments regarding the above- referenced proposed amendments to the Town Code. The Planning Board has reviewed the proposed amendments and supports the adoption of this legislation. cc: Scott Russell, Town Supervisor Members of the Town Board Town 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 18`h day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas in connection with Control of Dogs or Domestic Animals throughout the Town" 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 301h day of July, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals and Chapter 193, Parks and Recreation Areas in connection with Control of Dogs or Domestic Animals throughout the Town" reads as follows: • LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town residents and guests using 4:@,A recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and • on Town-owned recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog(s) or domestic animal(s) in the Town of Southold to permit or allow such dog(s) or domestic animal(s) to run at large: A Run at large elsewhere Other than upon the premises of the owner or custodian unless said dog shall b. , a leas. , ied by a person at least 12 year-s of age, having adequate eentfel of sueh do , or unless it be upon the premises of another person with the knowledge and consent of such person. For the purpose of this aftiele a deg of dogs hunfing in cvixx with " hunter or _ hunter shall ti ~']-d~zm--rscxr[scr -~xcxmrroc - Evisid °cr°d ca as ac.... :1. by !heir Owners. B Other than upon recreational areas subject to the provisions of §193-3.1. B.C. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. E.D. Cause damage or destruction to property other than the property of the owner or person harboring such dog. • D.E. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. III. 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. Doe(s) or other domestic animal(s) are permitted on the followin Town- owned own- owned recreation areas and subject to the following conditions: 1. Parks, picnic areas, children's play areas, trails and/or athletic fields, if the dog or domestic animal is restrained on a leash not more than four feet in length at all times. • 2. Beaches, if the dog or domestic animal is restrained on a leash from May 1 through October 1 between the hours of 9:00 a.m. and 6:00 p.m. 3. Town designated dog runs with no leash required. B. Dog(s) or other domestic animal(s) are not permitted on the following Town-owned recreation areas: 1. Parks, picnic areas, children's play areas and/or athletic fields and trails that are posted with signage indicating "Dog(s) or Domestic Animal(s) Prohibited'% 2. Designated bathing beaches during such times that a lifeguard is on duty. Designated bathing beaches include Goose Creek Beach, Kenny's Beach, Norman E. Klipp Marine Park Beach, McCabe's Beach New Suffolk Beach, Southold Town Beach and any other bathing beach designated by the Town Board in a duly adopted resolution; 3. Land that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endangered species. C. Unless otherwise stated herein, where dog(s) or domestic animal(s) are permitted on Town-owned recreation areas, the dog(s) or domestic animal(s) shall be under immediate supervision and control of the owner or custodian with the ability to immediately leash the dog(s) or domestic animals . D The leashing requirements of this Section shall not apply to a dog or dogs hunting in the company of a hunter or hunters on recreational areas where hunting is permissible or to bonafide service dogs. • E. All dogs permitted on Town-owned recreation areas shall have a collar that adequately displays a valid dog license. F. All dog(s) or domestic animal(s) waste shall be removed in accordance with 03-18(B). §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. B. n_:ng a deg a other demest:e anifnal into Fe eetienel a ether tl e« • automobile par-king een Oes and walks lks immnedi tel y adjaeen4 thereto Nothing 1,,...ein ..hall be nstnued a fmi4t:.,a the funning of dogs a4 large All dogs in these, areas y,he.e seek a finals a .mate.] „hall be restrained at all times adequate leashes not eatef tl1etl F ur f °t leftg4h' C.B Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Superintendent. D.C Fail to produce and exhibit any permit from the Superintendent which he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. £.D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. F.E Erect any structure, stand or platform or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as • provided by law. Dated: June 18, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Please publish on JULY 18, 2013 and forward one affidavit of publication to: Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold NY 11971 Copies to: The Suffolk Times Town Board Members Town Attorney • TC Bulletin Board Web Site DPW Police Department STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the day of , 2013, she affixed a notice of which the annexed printed notice is a true co y, 1 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: Dogs on Beaches 7-30-13 • Q Elizabeth A. Neville Southold Town Clerk Sworn before me is day of 2013. Nota Public • LINDA J COOPER ''nTAgY P.1BI IC. State of New York r'S 0,V,2563, Suffolk County ..s December 31, 20i-1- Cooper, Linda From: Tracey Doubrava <toubrava@timesreview.com> Sent: Wednesday, July 10, 2013 12:56 PM To: Cooper, Linda Cc: tr-legals Subject: Re: Dogs PH 7-30-13 Hi Linda, I've got this and will have published in the 7/18 edition of the Suffolk Times. Thanks. Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. 0. Box 1500 4lattituck, NY 11952 P: (631) 298-3200 E: tdoubrava@timesreview.com From: <Cooper>, Linda <Linda.Cooper@town.southold.nv.us> Date: Wednesday, July 10, 2013 12:27 PM To: Times Review <toubrava@timesreview.com> Cc: tr-legals <leeals@timesreview.com> Subject: Dogs PH 7-30-13 Please confirm receipt of this legal notice of Public Hearing for the 7/18/13 edition of the Suffolk Times. Thank you ~oop 1 o~~gUFFO(,~co ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 y Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 21, 2013 Re: Resolution Numbers 2013- 491 & 492 - A Local Law in Relation to Amendments to Chapter 83, Animals, and 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 Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on 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 7:32 PM, Tuesday, July 30, 2023. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Eliza h A. Neville Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney ~Og11fF0[,~ELIZABETH A. NEVILLE, MMC earn y Town Hall, 53095 Main Road TOWN CLERK o= P.O. Box 1179 C4 Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p • Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER Oj y .1`a FREEDOM OF INFORMATION OFFICER T wwwsoutholdtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 21, 2013 Re: Resolution No.'s 491 & 492 "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with the Control of Dogs or Domestic • Animals throughout the Town" Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on June 18, 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 7:32 P.M., Tuesday, July 30 2013. Please do not hesitate to contact me, if you have any questions. Thank you. Ve 610. ~ ry truly yours, 0. rLe& zf" Eliza th A. Neville Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney RESOLUTION 2013-491 ADOPTED DOC ID: 8905 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-491 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18,2013: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18`h day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throughout the Town" 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 30`h day of July, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity • to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throughout the Town". 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 Town residents and guests using -Town recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails. 11. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog(s) or domestic animal(s) in the Town of Southold to permit or allow such dog( or domestic animal(s) to run at larye: A. Run at large else Other than upon the premises of the owner or custodian Resolution 2013-491 Board Meeting of June 18, 2013 unless said deg shall he Rn a- lea,;h R-- aeeempanied by a persOft fft least 1-2 yeafS EW age ha n lnn..ntn nn t« I of stieh do , n or unless it be upon the premises of another person with the knowledge and consent of such person. Per- the purpese this w4ieln ° dog or dogs hunting in eempany with a hunter hunters nl,nlI he as aopefnpanied by their owners. B. Other than upon recreational areas subject to the provisions of & 193-3.1. B.C. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. Cause damage or destruction to property other than the property of the owner or person harboring such dog. D.E. Chase or otherwise harass any person in such manner as reasonably to cause • intimidation or to put such person in reasonable apprehension of bodily harm or injury. 111. 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. Dog(s) or other domestic animals are permitted on the following Town-owned recreation areas and subject to the following conditions: 1. Parks, picnic areas, children's lay areas, trails and/or athletic fields, if the dog or domestic animal is restrained on a leash not more than four feet in length at all times. 2. Beaches, if the dog or domestic animal is restrained on a leash from May 1 . through October 1 between the hours of 9:00 a.m. and 6:00 p.m. 3. Town designated dog runs with no leash required. B. Dog(s) or other domestic animal(s) are not permitted on the following Town- owned recreation areas: 1. Parks, picnic areas, children's play areas and/or athletic fields and trails that are posted with signage indicating "Dog(s) or Domestic Animal(s) Prohibited 2. Designated bathing beaches during such times that a lifeguard is on duty. Designated bathing beaches include Goose Creek Beach, Kenny's Beach, Norman E. Klipp Marine Park Beach, McCabe's Beach, New Suffolk Beach, Southold Town Beach and any other bathing beach designated by Updated: 6/18/2013 2:58 PM by Linda Cooper Page 2 Resolution 2013-491 Board Meeting of June 18, 2013 the Town Board in a duly adopted resolution; 3. Land that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endan eg red species. C. Unless otherwise stated herein where dog(s) or domestic animal(s) are permitted on Town-owned recreation areas, the dog(s) or domestic animal(s) shall be under immediate supervision and control of the owner or custodian with the ability to immediately leash the dog(s) or domestic animal(s). D. The leashing requirements of this Section shall not apply to a do or dogs hunting in the company of a hunter or hunters on recreational areas where hunting is permissible or to bonafide service dogs. E. All dogs permitted on Town-owned recreation areas shall have a collar that adequately displays a valid dog license. F. All doe(s) or domestic animal(s) waste shall be removed in accordance with §83- §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. B Bring a dog other '1ome-sti^ ^ ^I into r° eats nal areas other than automobile par4ing eaneaurses andwalks immediately adjacent thereto. NeIhing h rein Shall he a ..."..,......d as permitting the running of dogs at large. A All ,1 ..^t fue..ru.u.. ..............b of at Sri areas where sueh animals are permitted shall be Festfained at all times on °'1equate leashes not eater than f ur F et in length • C.B Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Superintendent. D.C Fail to produce and exhibit any permit from the Superintendent which he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. I .D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. F.E Erect any structure, stand or platform or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. IV. SEVE,RABILITY Updated: 6/18/2013 2:58 PM by Linda Cooper Page 3 _ F Resolution 2013-491 Board Meeting of June 18, 2013 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. OQr Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] ",,LOVER: Christopher Talbot, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell • Updated: 6/18/2013 2:58 PM by Linda Cooper Page 4 RESOLUTION 2013-492 ADOPTED DOC ID: 8907 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-492 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18,2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 193, Parks and Recreation Areas, in connection with Does or Domestic Animals on Town Recreational Areas" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. 1~QY , Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell • RESOLUTION 2013-492 Valk ADOPTED DOC ID: 8907 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-492 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18,2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 193, Parks and Recreation Areas, in connection with Does or Domestic Animals on Town Recreational Areas" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ~Q Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell • RESOLUT ION 2013-491 *00 ADOPTED DOC ID: 8905 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-491 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18,2013: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18`h day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throuehout the Town" 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 30`h day of July, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity • to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throughout the Town" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83. Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throughout the Town". 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 Town residents and guests using Town recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog(s) or domestic animal(s) in the Town of Southold to permit or allow such doggy or domestic animal(s) to run at large: A. Run PA lafge else-A Other than upon the premises of the owner or custodian Resolution 2013-491 Board Meeting of June 18, 2013 unless sai dog shall be en a leash or aeeempanied by a pef:sen at leas! 12 years 9 age, having adequate eaen4rel of stieh , or unless it be upon the premises of another person with the knowledge and consent of such person. For the purpose a a a hunting iii mYa J eonsidered as aeoempanied by their owners. B. Other than upon recreational areas subject to the provisions of &193-3 1 B.C. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. G.D. Cause damage or destruction to property other than the property of the owner or person harboring such dog. • D.E. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: 4193-3.1. Regulations concerning does or domestic animals. A. Dog(s) or other domestic animal(s) are permitted on the following Town-owned recreation areas and subject to the following conditions: 1. Parks, picnic areas, children's play areas, trails and/or athletic fields if the doe or domestic animal is restrained on a leash not more than four feet in length at all times. 2. Beaches, if the doe or domestic animal is restrained on a leash from MayI through October 1 between the hours of 9:00 a.m. and 6.00 p.m. 3. Town designated dog runs with no leash required B. Dog(s) or other domestic animal(s) are not permitted on the following Town- owned recreation areas: 1. Parks, picnic areas, children's play areas and/or athletic fields and trails that are posted with signage indicating `Doe(s) or Domestic Animal(s) Prohibited'% 2. Designated bathing beaches during such times that a lifeguard is on duty. Designated bathing beaches include Goose Creek Beach Kenny's Beach Norman E. Klipp Marine Park Beach, McCabe's Beach New Suffolk Beach, Southold Town Beach and any other bathing beach designated by Updated: 6/18/2013 2:58 PM by Linda Cooper Page 2 Resolution 2013-491 Board Meeting of June 18, 2013 the Town Board in a duly adopted resolution• 3. Land that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endangered species C. Unless otherwise stated herein where dog(s) or domestic animal(s) are permitted on Town-owned recreation areas, the dog(s) or domestic animal(s) shall be under immediate supervision and control of the owner or custodian with the ability to immediately leash the dog(s) or domestic animal(s) D. The leashing requirements of this Section shall not apply to a dog or does hunting in the company of a hunter or hunters on recreational areas where hunting is permissible or to bonafide service dogs. E. All does permitted on Town-owned recreation areas shall have a collar that adequately displays a valid dog license F. All dog(s) or domestic animal(s) waste shall be removed in accordance with §83- 18(B)• • §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. B Bringa dog, ether ae sti animal inte 1 w 1 areas autemobile parking eoneetifses and walks immediately adjaeent thereto. Nothing herein shell be a nstmed as Y"°.."" Wfig the of dogs at 1a_.-_ b these areas ..he eh " is are '1 1. it L a all ade..u to leashes not gfemef than feti f fee! i I 1, E.B Build or attempt to build a fire except in such areas and under such regulations as • may be designated by the Superintendent. D.C Fail to produce and exhibit any permit from the Superintendent which he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. E.D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. RE Erect any structure, stand or platform or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. IV. SEVERABILITY Updated: 6/18/2013 2:58 PM by Linda Cooper Page 3 Resolution 2013-491 Board Meeting of June 18, 2013 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~Q Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell • • Updated: 6/18/2013 2:58 PM by Linda Cooper Page 4