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Home My WebLink AboutLL-1976 #01(Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not use brackets for matter to be eliminated'and do not use italics for new matter. of ............... ..S...°..n...t..h...qka.. ........................................................................................ Tow. Local Law No ............. .1.. ....................................... of the year 19 ~..6. ..... regulating the running at large of dogs local law ............................................................................................................................................................................... (In~t title) Be it enacted by the Town Board (N~me o~ Legi,,latlwe BoSr) of ......................................................... .S..°.S.t..h...°.l,a. ................................................................................ as follows: Town The Code of the Town of Southold is hereby amended by adding a new Chapter thereto, to be Chapter 38, to read as follows: ~ Section 38-1 iOrohibited activities. It shall be unlawful for any person Owning or harboring any dog in the Town of Southold to permit or allow such dog to: ' A~ t~un al large elsewhere than upon the premises of the owner or custodian unless said dog shall he on a leash or accompanied by a person at least twelve (12) years of age, having adequate control of such dog, or unless it be upon the premises of another person with the knowledge and consent of such person. For the purpose of this chapter dog or dogs hunting in company .with a hunter or hunter~ shall be consider- ed as accompanied by its owner. B. Engage in habitual howling or harking or to conduct itself in such a manner as_,fo habitually annoy any person other than the oivner or person harboring such dog. C. Cause damage or destructior~ to property other than the property of the owner or person harboring such dog. · _~}Tj-'~'(If_ _a,,dditional space is needed, please attach sheets of the same size as this and number each)~ D. Chase or otherwis:e harass any person in ~uc:/ tmanner as reasonably to cause intimidation or to put such.nerson in reasonable apprehension o~ '~;~y har~. or injury. ~.8-2 Enforcement by Dog Warden. The Dog Warden shall enforce the provisions of this chapter. §38-3 Filing complaints. Any person who observes a dog causing damage or destruction to the pro. perry of a person other than its owner or one harboring a dog, or causing an annoyance to a person_ other than its owner or one harboring a dog, may file a signed complaint, under oath, with a Town Justice of the Town of Southold specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog. §38-4 Summons by Town Justice. Upon receipt by the Town Justice of ap.y complaint against the conduct of any particular dog, the Town Justice may summon the alleged owner or other person harboring said d~g to appear in person before him. Iff the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person. §38-5 Seeing Eye dog~ exempted. This chapter shall not apply to a Seeing Eye dog during such time as such dogs are performing the functions for which they are trained. 538-6 Seizure of dogs at large. Any dog found at !arge, not under effective restraint or in the immediate custody and control of the responsible person, may be seized by a duly appointed Dog Warden, or other duly appointed officer of the T. own of Southold, confined and impounded. 538-7 Confinement; redemption. Any dog impounded under the provisions of this chapter shall be confined in accordance with the provisions of the Agriculture and Markets Law of the State of New York and may be redeemed by the owner or harborer thereof upon paymen, t to ~he Town Cler~ or Dog Warden of the sums set forth in the Agriculture and Markets Law. Any dog not so redeemed shall at the option of the Dog \Varden be sold at ~ublic or private sale or be destroyed or given lo a recognized society for ihe care ~.n~ v/elfare of dogs. All proceedings shall be in accordance with the provisions of the Agriculture and Markets Law of the Stat~ :of, N,e~ Yo . §3~-8 Penalties for offenses~ Any person committing an offense against any provision of this chapter shall, '~ . conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250) or by imprisonment for'a term not exceeding fifteen (15) days or by both such fine and imprisonment. ~3~-9 Severabi!ity. The invalidity of any section, provision or portion of this chapter shall not invalidate any other section, provision or remaining portion thereof. ~ 38-10 Effective date. This chapter shall take effect ten (10)_days after its adoption. (Complete the certification in th6 paragraph which applies to the filing of this local law and strike on'. the (/Cinai adoption by iaea! iegislative body oniy.) L I hereby certify that the local law annexed hereto, designated as local law No ......... .1. ........ of 19..7...6.. of the ~i~ of ...... ..S...o..u..t_.h.9...1..d. ............ was dul,~ ,,assed b,, the Town Board Town z - J ............................................................................................ ~,~,,~ (Name of Legislative Body) on June 8 76 ................................................ 19 ........ in accordance with the applica'ble provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer or repassage after disapproval,) 2. I hereby certify that the local law annexed hereto, designated as local law No ..................... of 19 ........ County City of the Town of ...................................... was duly passed by ............................................................................................ Village (N .... f Legislative Body) not disapproved on ................................................. .19 ........ and was approved by the ........................................................ repassed after disapproval Elective Chief F~xecutive Officer and was deemed duly adopted on ........................................................ 19 ........ , in accordafice with the applicable provisions of law. (Final adoption by referendum.) 3. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... County of the City of ...................................... was duly passed by the ...................................................................................... Town (Name of Legislative Body) Village not disapproved on ............ :. ..................................... 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief ~xecutive Officer on ...................................................................... 19. ........ Such local !aw was submitted to the people by rea&on of a mandatory ~ . permissive referendum and received 'the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on ...................................................... 19 ........ ~ in accordance with the aplSli- annual cable provisions of law. (Subject to permissive referendum and final .adoption because no valid petition filed requesting referendum.) 4. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. ......... County City of the Town of ...................................... was duly passed by the ................................................................................ on (Name of Legislative Body) Village not disapproved ...................................................... 19 ........ and was approved by the ....................................................... on repassed after disapproval Elective Chief Executive Officer ............................................................. 19 ......... Such local law being subject to a permissive referendi, m and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted, qn ...................................................................... 19 ....... ., 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 chairman of the board of supervisors, the mayor of a city or v,,mge or the supervisor of a town, where such e ..... o~.ucer ,-s vestea w~th power to approve or veto local laws or ordinances. (City local law concerning Charter revision proposed hy petition.) 5. I hereby certify that the local law annexed hereto, desi gnated as local law No ..................... of 19 ........ of the City of ............................... having been submitted to referendum pursuant to the provisions of ~ ~ of the Municipal Home Rule Law and having received the affirmative vote of a majority special of the qualified electors of'such city voting thereon at the general election held on ,. ................................ ................ 19 ............ became operative. (County local law concerning adoption of Charter.) 6. ! hereby certify that the local law annexed hereto, designated as Local Law No ....... of 197 ....of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal 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 of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrorr and of the whole of such original local law, and was finally adopted in the manner indicated .in paragraph ......... .9..n...e. ........... above. y~terk ;f the Board ~'~Super~sors, City, To'or Village Clerk or Officer deaignated by Local Legislative Body Judith T. Terry, Town Clerk Date: June 9, 1976 (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, ¥illag_.e Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ...... .S...U....F...F..O...L....K.. ...................... I, the undersigned, hereby certify th~at the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. (Title of omcer)Robert W. Tasker, Town Attorney of ............... ............................. Town Dated: June 9, 1976