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HomeMy WebLinkAboutLL-1991 #12 LOCAL LAW NO. 12 . 1991 A Local Law in Relation to Dog Prosecution BE IT ENACTED. by the Town Board of the Town of Southold as follows: Chapter 38 (Dogs) of the Code of the Town of Southold is hereby amended as follows: Section 38-4 (Summons; arrest warrant) is hereby amended to read as follows: Upon receipt by the Town Justice of any complaint against the conduct of any particular dog. the Town Justice may summons the alleged owner or other person harboring said dog to appear in person before him. if the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person. The prosecution of any complaint, information or action brought pursuant to this section shall not be the responsibility of the Town Attorney. II. This Local Law shall take effect upon its filing with the Secretary of State. NYS DEPARTMENT OF STATE BUREAU OF STATE RECORDS 162 Washington Avenue Albany, NY 12231-0001 DATE: 6/11/91 Local Law Acknowledgment JUDITH T TERRY OFFICE OF TOWN CLERK TOWN tLALL 53095 MAIN ROAD SOUTHOLD NY 11971 DOS-236 (Rev. 6/90) _1 I MUNICIPALITY To~n of I LOCAL LAW(S) NO. I YEAR IFILING DATE | 11 & 12 lq'gl A/7/ql The above-referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. L'ocal Law Filing NEg YORK STATE DEPARTMENT OF STATE 162 ~ASHINGTO~ AVENUE, ALBANY, NY 12231 (Use this form to file a local law' with the Secretary of State.) Te~t of law should be given as amended. Do not include matter being eliminated and do. not use italics or underlining to indicate new matter. of ........................ ..S...o.?...t..h...o.!..d.. ........................................................................... Town Local Law' No. 12 of the year 1991 A local law'. .............................. [..n.....R..e..!.a...t.!9..n.....t.9.-~~..D..~cL...~..r~.~...s..e.~.c..u...t.[.qp~ ................................................................. (Insert Title ) Be it enacted by the .............. [ ....... .T..o.w.P....B.o.a.r.d. ......................................................................................... of the (Name of Legislative Body) To~'n Southold of .................................................................................................................................................. as follows: Chapter 38 (Dogs) of the Code of the Town of Southold is hereby amended as follows: Section 38-4 (Summons; arrest warrant) is hereby amended to read as follows: Upon receipt by the Town Justice of any complaint against the conduct of any particular dog. the Town Justice may summons the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person. The prosecution of any complaint, information or action brought pursuant to this section shall not be the responsibility of the Town Attorney. This Local Law 'shall take effect, up.on its filing with the Secretary .of State. (If additional space is needed, aitach pages the same size as this sheet, and number each.) (1) DOr~' ~3'; {V~. (Complete the certification in the paragraph that applies to the filiug of this local law and strike out that which is not applicable.) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 12 of t991 of the ~m~_,)((~X'~, (Town)(~d~xgeg of Southold was duly passed by the Town Board on June t~, 19 91, in accordance ,with the applicable provisions of laxv. (Name of Legislative'Body} 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I 1;ereby certify that the local law annexed hereto, designated as local law No. of 19 oF the (County)(Cit~)(Town)(Village)' of was duly passed by the on 19 , and was (approved)(not disapproved)(repassed after (Name of Legislative Body} digapproval) by the and was deemed duly adopted on 19 [Elective Chief Executive Officer~) 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 19 o~the (County)(City)(Town)(Village) of was duly passed by the on 19 and was (approved)(nor disapproved)(repassed after (5~me of Legislative Body) di§approval)~ by the on 19 Such local law was (Elective Chief Executive Officer~) iu~mitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative ;0te of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19 , in accordance with the applicable provisions of law. (Subject to permissive referendum and, final adoption because no valid petition was flied requesting referndnm.) .ereby certify that the local law annexed hereto, designated as local law No. of 19 the (County)(City)(Town)(¥illage) of was duly passed by the on 19 , and was (approved)( not disapproved)(repassed after amc of Legislative Body) approval) by the on 19 Such local law was subject to (Elective Chief Executive Officer*) rmissive referendum and no valid petition requesting such referendum was filed as of 19 accordance with the applicable provisions of law. E~lective Chief Executive Officer means or includes the chief executive officer of a count> elected on a ~ounty-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city a power approve 1 r village, or the supervisor of town where such officer is vested with the to or veto Ioca l'~ws or ordinances. (2~ 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 19 of the City of having been submitted to referendum pursuant to the provisions ot' 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 19 , became operative. 6. (County local law concerning adoption of Charter.) Iilhereby certify that the local law annexed hereto, designated as local law No. of 19 ~ 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 Municipal Home Rule Law, and having received the affirmative vote of a majority Of the ~ualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns 6~ said county considered as a Unit voting at said general election, became operative. ~!f any other authorized form of final adoption has been followed, please provide an appropritate certification.) further certify that I have compared the preceding local law with the original on file in this office and that .~,he same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted ih the manner indicated in paragraph I , above. (Seal) or officer designated by local legilsati~e body Judith T. Terry, Town Clerk Date: June 5, 1991 ~Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or bther authorized Attorney of locality.) the undersigned, hereby certify that the foregoing local law/contams/~he correct text and that all proper ~roceedings have been had or taken for the enactment of t~lo;al~a~nnexe~/~to.~/] ~gna~e ~ ~ ' Matth~wl G. Kiernan, Assistant Town Attorney Title ~A~X of Southold Town Date: Junes, 1991 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD June 4, 1991 4:32 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO DOG PROSECUTION". Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny iV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Latson Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: The second public hearing of the evening is on a proposed "Local Law in Relation to Dog Prosecution". This Local Law deals with a antiquated law, that is on our Code Books, that this Town Board is addressing to remove, and at this time Councilman Penny will read the proof of verification. COUNCILMAN PENNY: "Notice of Public Hearing on Local Law. Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of May, 1991, a Local Law entitled, "A Local Law in Relation to Dog Prosecution". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 4th day of June, 1991, at 4:32 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Dog Prosecution" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 38 (Dogs) of the Code of the Town of Southold is here amended to read as follows: 1. Section 38-4 (Summons; arrest warrant) is hereby amended to read as follows: Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice may summon the alleged owner or other person harboring said dog to appear in person before him. if the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person. The prosecution of any complaint, information or action brought pursuant to this section shall not be the responsibility of the Town Attorney. ,Pg 2 - PH LL in Relation to Dog Prosecution II. This Local Law shall take effect upon its filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons persons during business hours. Dated: May 21, 1991. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication from The Suffolk Times, an affidavit of publication from The Traveler-Watchman, an affidavit of posting from the Town Clerk, that this has been posted for the appropriate manner on the Town Bulletin Board. There are no further communication. Thank you. SUPERVISOR HARRIS: Thank you, Councilman Penny. Are there any members of the audience, that would like to speak either in favor, or against this Local Law? (No response.) Hearing none, I declare this public hearing closed. Judith T. Tefiry ~ Southold Town Clerk COUNTYOFSUFFC STATI:- 0[: NEW LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOC. AL LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of May, 1991, a Local Law e~titled, "A ~ Law in Relation to Dog Pro- secution:' NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the afor~x~d Loc&Law at the Soutbold Tovm Hall, ~Maln Road, Southold, New York, ou the 4~h d~ of June, 1~1, at 4:32 o'clock P.M., at which time all interested per- sons will be heard. This proposed "Local Law in Relation to Dog Prosecution" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 38 (Dogs) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 38-4 (Summons; ar- mst warrant) is bereby amend- ed to read as follows: Upon receipt of thc Town Justice of any complaint against the~ conduct of any particular dog, the Town Justice may sum- mons the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the Justice may permit the filing of an information and issue a war- rant for the arrest of such person. The prosecution of any com- plaint, information or action brought pursuant to this section shall not be thc responsibility of the Town Attorney. IL This Local Law shall take effect upon its filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. DATED: May 21, 1991 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1X-5/30/91/18] Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County~ and that the notice of which the annexed is g printed copy, has been publisi~ed in said I_ong [sland Traveler-Watchman once each week for f weeks successively, commencing on the ........... ~??..~' ....... Sworn I(~ before mc this .. .................... (lay of ....................... 19fi'/ ..... Notary Public BARBARA A, SCHNEIDER NOIARY PUBLIC, St"te of Now York No. 4806846 QualiBed in Sulfolk Cognty~ Commission Expires o°/3;//~.~.