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Home My WebLink AboutApril 9 2025 - Town of Enfield Public Hearing Regular Town Board Meeting Minutes1 Town of Enfield Public Hearing & Regular Town Board Meetfng Wednesday, April 9, 2025 6:30 PM In-Person at the Enfield Town Courthouse and via the Zoom Meetfng Platiorm Present: Supervisor Stephanie Redmond; Councilpersons; Lynch, Millspaugh, Hinkle, and Lemke; Town Clerk Mary Cornell. Call to Order: Supervisor Redmond opened the adjourned public hearing at 6:30 PM. Dog Law: Enfield resident Regina Leonard asked supervisor Redmond to explain what the proposed changes were to the current dog law. Supervisor Redmond shared the main changes/additfons to the dog law. Enfield resident Rosanna Carpenter – Carpenter shared issues with existfng dog parks and why it may not be something that the Town would like to pursue, and informed the Board that she asked Regina Leonard to attend tonight’s meetfng to give her personal experience with dog parks. Supervisor Redmond explained that the Town Board does not currently antfcipate creatfng a dog park, however, this will set the groundwork if a future Town Board decides to create a dog park. Enfield resident Roger Linton asked the Board why they decided to change the law. Councilperson Lemke shared the proposed changes and why they were made. Linton responded that he does not think a law should be passed unless it does not contain ambiguity. Regina Leonard does not think that the current law needs to change. Linton does not agree with nuisance fines and suggested imposing tfme restrictfons. Councilperson Millspaugh shared that it is a slippery slope to put restricted hours in as people do sleep during the day. Councilperson Lynch read the current provision in the law and asked Linton if he had a specific concern/questfon. Linton asked if the Town Board could delay moving forward with the potentfal adoptfon of the dog law untfl the proposed law could be less ambiguous and give people more tfme to review it. Councilpersons Lemke, Millspaugh, and Hinkle stated that they have been discussing this law for almost a year now and the public has had opportunitfes to review it and submit questfons to the board. Supervisor Redmond closed the public hearing at 7:04 PM. Call to order: Supervisor Redmond opened the Regular Town Board meetfng at 7:04 pm. Privilege of the Floor: Randy Brown spoke on the dog issue and how the SPCA currently responds to situatfons. Rosanna Carpenter spoke on the SPCA arriving at her home to investfgate a nuisance dog. Enfield resident Emily Turner – I would like to speak with you tonight about light pollutfon and potentfal lightfng restrictfons. The dusk to dawn flood lights at the storage units on Teeter Rd. came up at your meetfng earlier this year. I, and the neighbors I have talked to, do in fact find these lights to be disruptfvely and unrelentfngly bright. I have an eight-month-old baby, and I am very concerned about any adverse health and sleep hygiene effects such lights may have on him and on my neighbors. Tonight, I would like to focus our attentfon on the notfon that any restrictfon on such lightfng is infringing on someone's "rights." Contrary to the belief of many, New York State law does not recognize a categorical right to do whatever one desires on their own land. Instead, under New York law there is a principle termed "private nuisance." A private nuisance is actfvity that interferes with a landowner's ability to use and enjoy their property. An individual does not have an absolute right to use their land in a way that curtails the rights of their neighbors. Actfvity that impedes "freedom from disco mfort and annoyance while using land" is considered a private nuisance. And that is what we have here. The lights from the storage units are not contained within that property, but instead cast a huge net of light that extends 2 well into multfple neighboring propertfes, including into bedrooms windows and the like. When evaluatfng private nuisance claims, the Courts balance the utflity of the offending actfvity with the injury to the neighbors. Here, I fail to see how motfon lights do not achieve the same outcome, thus creatfng no decrease in utflity, while significantly decreasing the harm to neighboring propertfes. The point is, that we are all neighbors, and because we are neighbors, we must consider one another in the choices that impact those outside the physical boundaries of our own propertfes. Do not be swayed by the "I can do whatever I want on my land" rhetoric, as that is simply, both morally and legally, inaccurate. With this background, I strongly encourage this Board to contfnue to explore reasonable lightfng restrictfons. Maybe just for businesses, and creatfng an exemptfon for private landowners. Or require flood lights be on motfon detectors and tfmers. I remain optfmistfc that there is a way to balance the interests of all of us on Teeter Rd, and in Enfield, such that everyone is better off. Supervisor Redmond shared that there had been some discussion on addressing lightfng issues/possible regulatfons and will address this further at a future Town Board meetfng . Jack Grady the owner of Shade Tree auto on Teeter Road spoke on the negatfve effects of the bright lights from the Storage Units. Laurie Deflaun spoke on the light issue as well. Clerk Cornell and Supervisor Redmond updated those present that Code Officer Teeter had spoken recently with the Planning Board about the light issues and that it was being addressed. Brian Janik and Marybeth Yale – Brian explained that his neighbor is dropping coal ash on his property at 570 Fish Road, property boundaries are being disregarded. They are harassed by dogs on chains that are on the neighbor's property, the neighbor is playing loud music 24/7. He has tried to speak to Code Officer Teeter repeatedly, but Alan is no longer returning his calls. Brian feels that Alan is not looking for conflict and is not addressing the issues. He pays $6,000 in property taxes and wants to know how the Town Board will handle this. He came to tonight's meetfng on the recommendatfon of Councilperson Lynch. This is affectfng his quality of life. Supervisor Redmond asked how many tfmes law enforcement has been called out, and Brian responded several tfmes. Supervisor Redmond will address this concern with the code officer and thanked Brian and Marybeth for coming to tonight’s meetfng. Robert Lynch led the assemblage in the Pledge of Allegiance and made the following comments: “One of the meager attributes I bring to this Board is a long instftutfonal memory, probably longer than anybody in this room, I dare to say. “I covered my first Electfon Night in Tompkins County in 1969, as a cub radio reporter. We were down at The Ithaca Journal’s newsroom. And we brought all the data together, and then we disseminated it to the public, including the town electfons. “And one thing—and I covered a good many electfon nights thereafter 1969—And one of the things that stfcks in my mind from those days back in the ‘70’s and ‘60’s was that no matter how uphill a climb it was, there was always, usually a full slate of Republicans and a full slate of Democrats who ran for Town office. “Now I went back today and I looked at the 1969 Enfield electfons, back on early-November of ’69. And here’s how they were: • Supervisor: Robert Linton, a legend in Enfield, won over Roger Hubbell; Linton, 348, Hubbell, 213. • For Town Clerk: Mabel Purdy, a Republican, won over Dorothy Leonard, 439 to 113. • Highway Superintendent: Now there the Democrats cross-endorsed Republican Wesley Rolfe; he’s another legend in Enfield. • Town Justfce: Robert Bock beat Robert Scofield. • For Town Councilman: Earl Smith beat Richard Holley; Smith the Republican, Holley the Democrat. 3 • For Tax Collector: Edna Palmer, the Republican, beat Marian Lovelace, the Democrat. “And I bring that up because that was then, and this is now. “We have Town electfons in Enfield this year. They’ll be this November fourth. But instead of deciding those electfons on the date seven months from now, they were decided last week. And they were decided last week because the only people to petftfon for re- electfon to Town offices, including this Town Board, were the incumbents. Nobody else stepped up. Nobody else said, ‘I think I can do it better.’ And that’s disappointfng to me. “And I wa nt to stop here and say I’m not disparaging anybody who’s sitting at the table or at the side table, who may be running, because that’s not the issue. You may indeed be the best qualified candidates for the office. And indeed maybe you deserve to win. But how will we know? We won’t know because there’s no competftfon. The November ballot is more or less set, with one exceptfon, which I’ll bring up in a second. “But it disappoints me because we won’t know; we won’t really have a good gauge of where Enfield is heading. “Now the party petftfoning is over with. But Independents can stfll petftfon beginning the 15 th of April through the 27th of May. They can circulate petftfons, file them with the Board of Electfons, and be on the ballot in November. I don’t know if anybody will. I’m not too optfmistfc that that will happen. But it’s disappointfng because an uncontested electfon really doesn’t tell you a whole lot because it doesn’t say these are the best people who are running. “And again, I congratulate everybody’s who’s serving now and has agreed to serve for another term. You’re to be commended, and that’s good. But we need more people in the mix. “Now back then, Republicans were the dominant party in Enfield. And I’m sure that Roger Hubbell, who ran for Supervisor, or Dorothy Leonard, who ran for Town Clerk were a little disappointed the morning after Electfon Day because they hadn’t won. “But you know what? I bet’cha they were satfsfied in the fact that they gave it the Old College Try. And I look forward to some new faces, people I probably don’t even know, to this year give it that Old College Try. “Thank you.” Changes and Additfons to the Agenda: Move the NYCLASS and Standard workdays up to after the presentatfons, so that Blixy can attend. Councilperson Lynch, submitted a resolutfon to set a public hearing date to discuss optfng back in to RPTL§ 487. Councilperson Lynch should we discuss where we want to proceed regarding changes to the health consortfum plans? Stephanie would like to do this when Buddy is in attendance. Councilperson Lynch , we can do this at a future meetfng. Councilperson Lemke would like to discuss Know Your Rights (ICE), which will be added after NYCLASS. Correspondence: Supervisor Redmond received an email complaint about junk cars collectfng on a property on Hayts Rd. Stephanie will address this with Alan when he returns from training. Clerk Cornell mentfoned new law that requires municipalitfes to have .gov and NYSAOT is providing free Amazon Business Towns for Municipalitfes for the next two years and they are working on a 3rd year. Cassandra Hinkle Denzak Recreatfonal Design & Supply, Inc will present at next months Town Board meetfng. Monthly Reports County Legislator – Randy Brown. The full report is on file with the Town Clerks office. Jay Franklin has stated that there will not be any increases in assessments for 2025 unless a home has received i mprovements. Randy responded that several legislators are looking to get rid of the annual reassessments, in part because the software that is currently being used is being retfred and the new program costs ~$250,000. Randy suggests that they look at 3-year assessments going forward. Assessment is currently doing drive-bys, which are not an accurate way to complete assessments. Councilperson Lynch asked if any actfon is being taken as Jay Franklin 4 would like to put a freeze on increases untfl ~2029, has anything been planned to go through the legislatfon in the near future? Councilperson Lynch shared that it was not advertfsed that Lorrie Scarrott is retfring, she has only been with the County for two years. Town Supervisors report – Stephanie Redmond. She applied for TIP funding for the Rumsey Hill bridge, it is however, considered a culvert as it is 6” to short to be considered a bridge. They have suggested applying for BridgeNY funding to change the bridge from a culvert to a bridge , which will cost ~$2.8 million. We were second in line, and we could go back to TIP, and it may be funded this tfme through. An update from County Soil and Water for the Bostwick Rd Project. It has wetlands on both sides, so it n eeds a wetland deviatfon. They want to move the bridge to where the water currently is flowing. If they do this they take the meander away which creates more of a straight flow. It is complicated and the banks are covered in knotweed (an invasive species). The DEC would like it sprayed even though it is in a protected wetland. It is an issue. They are looking for the project to start in 2026 and they have a 3-month window they can work in as it is considered a trout stream. She met with Becky and Becca from the reuse center. She is hoping to have a tfre event this fall, as it will not be in tfme for our clean-up days. She is working with PaintCare for a regular collectfon of paint cans. Highway Superintendent Report – Buddy Rollins. N/A Code Enforcement – Alan Teeter. N/A Planning Board Report – Dan Walker. We had a quiet meetfng. A subdivision request was on the agenda, however, the property owner had an emergency and could not attend the meetfng. They went through more of the comprehensive plan (municipal services part). He attended the AG summit at the end of March, where both Councilperson Lemke and Lynch were in attendance. They discussed solar and ag development that Cornell University is researching. Supervisor Redmond had asked if they went over light pollutfon, etc., Dan said they did not get that far yet. Tompkins County Council of Govts – Robert Lynch. The full report is on file with the Town Clerks Office. Consent Agenda: Audit Claims: General Fund vouchers #71-94, dated April 9, 2025 in the amount of $21,640.27. Highway Fund Vouchers #45-62, dated April 9, 2025, in the amount of $144,542.54 Supervisor Redmond moved, and Councilperson Hinkle seconded. Vote: Ayes; Lynch, Millspaugh, Hinkle, Lemke, Redmond; carried Approval of March 12, 2025 Minutes. Supervisor Redmond moved, and Councilperson Hinkle seconded. Vote: Ayes; Lynch, Millspaugh, Hinkle, Redmond; carried Abstain; Lemke 5 Business: RESOLUTION # 2025-36 Dog Licensing and Control Law WHEREAS, upon proper notfce a Public Hearing was held on the 9th day of April, 2025, where all persons wishing to speak regarding proposed Local Law #1 of 2025 were heard by the Enfield Town Board, and WHEREAS, after consideratfon of all informatfon presented and available, it is the determinatfon of the Enfield Town Board that the Town will be best served adopt Local Law #1 of 2025- Dog Licensing and Control Law; so now therefore it be RESOLVED: that the Town Board of the Town of Enfield hereby enacts, adopts and approves Local Law #1 of 2025 in the form as presented to this meetfng, being the same as was presented at the Public Hearing; and further be it RESOLVED, that the Town Clerk file this Local Law with the New York Department of State. BE IT FURTHER RESOLVED, that said Local Law shall take effect immediately upon filing with the Secretary of State. Supervisor Redmond moved, and Councilperson Hinkle seconded. Discussion: Councilperson Lynch we have heard comments tonight and comments from two months ago against changes to the Dog law, has anyone heard anything positfve? Clerk Cornell shared that she has heard from residents coming into the Town Hall that did not think our law was strict enough, and that it is great that we have a dog law. Supervisor Redmond shared that it is her experience that people will only come to the board if there is an issue. C ouncilperson Lynch should we reschedule another public hearing and another discussion? Councilperson Lemke does not think that we need to have another discussion; we should go ahead with a vote on the law. Councilpersons moved several amendments and are as follows: Proposed Amendment: moved by Councilperson Lynch that sectfon 13 be struck from the dog law. No second. Amendment #1 Sectfon #4 Definitfons… KENNEL or KENNELING – Refers to land uses, facilitfes, and the acts of any person who owns or harbors five or more dogs on any one or more contfguous parcels of land for the purpose of business or profit. Each such person shall be deemed to be operatfng a public or private kennel. Councilperson Lynch moved, and Councilperson Hinkle seconded for discussion purposes. Vote: Aye; Lynch, Nay; Hinkle, Millspaugh, Lemke, and Redmond. Failed. Amendment #2. Sectfon 8. General Provisions…. C. Kennels and kenneling. Any person owning or operatfng a kennel or who engaged in kenneling under this local law shall meet the following requirements: 1. All animal food shall be kept under cover and in sealed containers; 2. All animal waste shall be cleaned regularly to keep the property sanitary. 3. The premises shall be maintained so as not to constftute a nuisance. Councilperson Lemke moved, and Supervisor Redmond seconded. Vote: Ayes; Lynch, Millspaugh, Hinkle, Lemke, Redmond; carried 6 Amendment #3. Sectfon #9. Prohibited Acts and Violatfons, Sectfon A. A. At large; leashing. A dog runs at large or, when not on the property of the owner or other person harboring or having custody or control of the dog; a dog is not properly restrained by a person capable of handling such dog and an adequate collar and leash (or harness). No such leash shall exceed a length deemed reasonable to enable the owner or handler’s proper control of the dog. However, dogs engaged in huntfng, and training as authorized under the New York State Environmental Conservatfon Law, including with respect to the lawful acts of huntfng, flushing, and retrieval, shall not be deemed at large when in the presence of their owner or trainer. Councilperson Lynch moved, and Councilperson Hinkle seconded. Vote: Ayes; Lynch, Millspaugh, Hinkle, Lemke, Redmond; carried Amendment #4. Sectfon #9. Prohibited Acts and Violatfons, Sectfon C. C. Required identfficatfon tag. A dog is not wearing a current, valid Town dog license identfficatfon tag, unless exempt from this requirement, or unless: 1. Such dog is only temporarily within the Town and such dog’s or owner’s presence is transitory in nature, such as an overnight stay at a hotel, a tourist’s visit of limited and short duratfon, partfcipatfon in a dog show, or partfcipatfon in training as a special service dog; 2. Such dog is owned by a nonresident of Enfield and is licensed by another jurisdictfon, but only for the first 150 days such dog is first harbored within the Town. Councilperson Lynch moved, and Councilperson Hinkle seconded. Vote: Ayes; Lynch, Millspaugh, Hinkle, Lemke, Redmond; carried TOWN OF ENFIELD Local Law # 1 of 2025 Dog Control and Licensing Local Law and Regulatfons BE IT ENACTED by the Town Board of the Town of Enfield, County of Tompkins, State of New York, as follows: SECTION 1. TITLE: The tftle of this local law shall be “Town of Enfield Dog Control and Licensing Local Law and Regulatfons,” hereinafter referred to as the local law. SECTION 2. AUTHORITY AND PURPOSE: This local law is adopted pursuant to Artfcles 7 and 26 of the Agriculture and Markets Law of the State of New York, § 10 of the Municipal Home Rule Law, the Statute of Local Governments, and Town Law §§ 64 and 130. The purposes of this local law are to provide for the licensing and identfficatfon of dogs; to provide for the control and protectfon of the dog populatfon and the protectfon of persons, property, and other animals from dog attacks and damage; and to promote the public health, safety, and welfare of the community, including the protectfon and preservatfon of the property of residents of the Town and its inhabitants, and of the peace and good order therein, by regulatfng and controlling actfvitfes of dogs within the Town of Enfield and providing for enforcement thereof. This local law shall apply to all areas of the Town of Enfield. 7 SECTION 3. EXEMPTIONS: This local law shall not apply to any dog confined to the premises of any public or private hospital devoted to the treatment of sick animals or confined to an animal shelter devoted to the impounding of and caring for animals. In the event that any dog owned by a nonresident of the Town of Enfield is temporarily harbored within the Town for a period of 150 days or less, such dog shall be exempt from the identfficatfon and licensing provisions of this local law, provided such dog is licensed pursuant to the provisions of law in the owner’s area of primary residence. SECTION 4. DEFINITIONS: As used in this local law, the following words shall have the following meanings: A&M LAW - The New York State Agriculture and Markets Law, as now written or as hereafter amended or re- codified. ALTERED - A dog that has been spayed or neutered. ANIMAL CONTROL OFFICER - Any dog control officer, dog warden, any person appointed by the Town (and any other municipality or governmental authority with requisite jurisdictfon) to enforce the terms of this local law or the A&M Law, and any police or peace officer actfng under this local law or the A&M Law. AT LARGE - Any dog that is not upon the premises of its owner or that is in a public place (including a highway or road) whenever such dog is not under the command and control of its owner or a responsible adult by means of a functfoning collar (or harness) and leash sufficient to control and restrain the dog. COMPANION ANIMAL - A companion animal as defined by law, generally including any dog or cat, and also including any other domestfcated animal normally maintained in or near a household where the householders harbor the animal, but not including “domestfc animals” as defined in the A&M Law. DANGEROUS DOG - Any dog that, without justfficatfon: (i) attacks a person, companion animal, farm animal, or domestfc animal and causes physical injury or death; (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustffied imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestfc animals; (iii) attacks a special service dog and causes physical injury or death; or (iv) any dog that otherwise meets the definitfon of a “dangerous dog” as defined by law or the A&M Law. A dangerous dog does not include a special service dog while being used to assist one or more law enforcement officers in the performance of their official dutfes. DOG - Any species of Canis lupus familiaris, Canis familiaris, or Canis domesticus, any crossbreed of any domestfc dog with any member of the family Canidae (such as a wolf or coyote), or any other canine harbored and kept as a pet in the Town. DOMESTIC ANIMAL - Any domestfc animal as defined by law, generally including domestfcated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail, or other deer which is raised under license from the New York State Department of Environmental Conservatfon, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestfc hare or rabbit, pheasant or other bird which is raised in confinement under license from the New York State Department of Environmental Conservatfon before release from captfvity, except that the varietfes of fowl commonly used for cock fights shall not be considered domestfc animals under this local law. 8 FARM ANIMAL - Any farm animal as defined by law, generally including any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals raised for working, commercial, or subsistence purposes. Fur-bearing animals shall not include dogs or cats. HARBOR or HARBORING - To provide food or shelter, usually (but not exclusively) upon a regular, recurring, or repeated but intermittent basis. IDENTIFICATION TAG - A tag, medallion, or similar device issued by the Town of Enfield, or other licensing agency, which sets forth informatfon about the dog and its licensing or vaccinatfon status, such as an identfficatfon number, the name of the municipality and such municipality’s contact informatfon and telephone number, and such other informatfon as the licensing authority requires or deems appropriate. IDENTIFIED DOG - Any dog carrying an identfficatfon tag. KENNEL or KENNELING - Refers to land uses, facilitfes, and the acts of any person who owns or harbors five or more dogs on any one or more contfguous parcels of land. Each such person shall be deemed to be operatfng a public or private kennel. NUISANCE – Means any conditfon which would reasonably be expected to be substantfally offensive and objectfonable to neighbors or those using nearby propertfes and roads, generally including any acts or conditfons within the common law definitfon of a public or private nuisance, and also including the following: 1. Conditfons and behaviors that promote the breeding of flies, mosquitoes, rodents or any other animals or insects, which bite or are commonly carriers of disease; 2. The presence of obnoxious odors or substances, or the urinatfon or deposit of feces on lands other than those of the owner or owner of record; 3. Excessive loud, repeated, habitual or contfnued barking, howling, or whining so as to cause a reasonable person’s rest to be broken, his or her sleep to be interrupted, his or her reasonable use or enjoyment of his home or property to be otherwise interfered with, disturbed or diminished, or that causes a person to be otherwise harassed, or disturbed; 4. When not on the premises of the person owning or harboring such dog, any dog that: a. Habitually chases or otherwise harasses any person in such a manner as reasonably to cause intfmidatfon to such person, to put such person into reasonable apprehension or bodily harm or injury, or to cause such person to fear an imminent attack; or b. Habitually chases, leaps on, or otherwise attacks any bicycle, motorcycle, motor wagon, carriage, or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or horse, including any rider thereon, or other animal. 5. Any dog that causes repeated or significant damage or destructfon to or upon property that is not the property of the owner, including uprootfng, digging, or otherwise damaging any vegetables, lawns, flowers, garden beds, landscaping, or causing damage to other animals or the property of other persons without, in each case, the consent or approval of the owner(s) thereof. Any dog that 9 habitually defecates, or urinates other than upon the premises of the person owning or harboring such dog. 6. Any dog that is a dangerous dog that is not securely confined at all tfmes, or otherwise secured, managed, or handled as ordered by any court or other tribunal of competent jurisdictfon. In limitatfon of the foregoing enumerated definitfons, when dogs are kept and used for agricultural purposes in any agricultural district or farm, the noises or odors of common agricultural operatfons shall not be construed as being a nuisance, public or private, under this local law. OWNER OF RECORD - The person purchasing the license or in whose name any dog was last licensed. An Owner of Record shall be 18 years of age or older; no minor may license a dog in the Town of Enfield. OWNER or OWNERSHIP - Any person who owns or harbors any dog or any person who has licensed such dog. If a dog is not licensed, the term “owner” shall designate and cover any person who at any relevant tfme owns or has custody or control of, harbors, or is otherwise responsible for any dog that is kept, brought, or comes within the Town. Any person harboring a dog for a period of one month shall be deemed an owner for the purposes of this local law. In the event that an owner of a dog shall be a minor, each adult head of household in which said minor resides shall be deemed to be an owner with custody and control of said dog and responsible for any acts of said dog. PERSON - Any public or private individual, corporatfon, partnership, associatfon or other organized group of individuals or other legal entfty. PUREBRED DOG - A dog registered by a natfonally recognized registry associatfon. PUREBRED KENNEL LICENSE - A group dog license for persons raising purebred dogs. RECOGNIZED REGISTRY ASSOCIATION - Any registry associatfon that operates on a natfonwide basis, issues numbered registratfon certfficates, and keeps such records as may be required by the A&M Law or the rules and regulatfons of the New York State Commissioner of Agriculture. SPECIAL SERVICE DOG – Means a dog defined as such by New York State laws or regulatfons, including but not limited to A&M Law § 108, and generally including the following summary definitfons thereof: 1. A detectfon dog as defined by law, generally including any dog that is trained and actually used for detectfng, or that is undergoing training to be used for the purpose of detectfng, controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctfonal facility contraband; 2. A guide dog as defined by law, generally including any dog that is trained to aid a person who is blind and actually used for such purpose, or any dog owned by a recognized guide dog training center located within the State of New York during the period such dog is being trained or bred for such purpose; 3. A hearing dog as defined by law, generally including any dog that is trained to aid a person with a hearing impairment and actually used for such purpose, or any dog owned by a recognized 10 training center located within the State of New York during the period such dog is being trained or bred for such purpose; 4. A police work dog as defined by law, generally including any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and actually being used fo r police work purposes; 5. A service dog as defined by law, generally including any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person’s parent, guardian or other legal representatfve; 6. A therapy dog as defined by law, generally including any dog that is trained to aid the emotfonal and physical health of patfents in hospitals, nursing homes, retfrement homes, and other settings and actually used for such purpose, or any dog owned by a re cognized training center located within the state during the period such dog is being trained or bred for such purpose; 7. A Tompkins County working dog as defined by law, generally including any guide dog, hearing dog, service dog, working search dog, war dog, detectfon dog, police work dog, or therapy dog duly licensed and wearing a Tompkins County working dog tag; 8. A war dog as defined by law, generally including any dog which works for or has been honorably discharged from the United States Armed Services; 9. A working search dog as defined by law, generally including any dog that is trained to aid in the search for missing persons or actually used for such purpose; or 10. Any other similar service dog now or hereafter defined by law as being subject to special exemptfons or rules relatfve to licensing, access, service to the public, or animal behavior. TOWN - The area within the corporate limits of the Town of Enfield. TOWN BOARD - Town Board of the Town of Enfield. TOWN CLERK - The Enfield Town Clerk. UNALTERED - Any dog that is not spayed or neutered. SECTION 5. LICENSING: A. License required. The Town Clerk shall provide, accept, and grant applicatfons for dog licenses required by Artfcle 7 of the A&M Law and for purebred dog licensing, for all dogs harbored within the Town. In additfon, the Town Board may authorize by resolutfon the manager of a pound or shelter established or maintained by the Town, or with which it contracts for shelter services, to provide, accept, and grant applicatfons for such licenses made by a resident of the Town at the tfme of the adoptfon or redemptfon of a dog from the pound or shelter, provided the applicatfon is made in accordance with Town procedures, and further provided the 11 manager remits to the Town the license fees and any additfonal fees, surcharges, and assessments referenced in this local law. B. Applicatfon. Each license applicatfon shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that the dog is too young to be vaccinated or that, because of old age or another reason, the life of the dog would be endangered by the administratfon of the vaccine. In the case of an unlicensed dog being redeemed by the owner or a dog being adopted from a shelter, copies of rabies vaccinatfon records shall be forwarded to the Town Clerk. A new rabies certfficate shall be required if the one on record has expired or expires within 30 days of the date of renewal of the dog license. C. Fee. The dog owner shall pay the Town (or manager of a pound or shelter as authorized by Town Board resolutfon) license fees and surcharges as set from tfme to tfme by Town Board resolutfon, and the dog owner shall also pay the Town or authorized manager any fees, surcharges and assessments set forth in Artfcle 7 of the A&M Law. In the event that the State of New York changes or adds any state surcharges, assessments or fees related to dogs, the total fee to be charged shall be modified to include the th en-current fees, surcharges, and assessments. The fee schedule shall be available at the Enfield Town Hall and on the Town’s website. D. When required. All dogs reaching the age of four months shall be licensed by its owner(s). However, no license shall be required for any dog residing in a pound or shelter maintained by or under contract or agreement with the State of New York or any county, city, town or village, duly incorporated society for the preventfon of cruelty to animals, duly incorporated humane society or duly incorporated dog protectfve associatfon. E. Reduced fees for altered dogs. In the case an altered dog license is sought, such applicatfon shall be accompanied by a certfficate signed by a licensed veterinarian or an affidavit signed by the owner, proving or showing that the dog has been spayed or neutered. In lieu of the spay or neuter certfficate an owner may present a statement certffied by a licensed veterinarian statfng that he or she has examined the dog and found that, because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for an altered dog. F. Issuance and renewals. Upon receiving the required documents and the fee, the Town Clerk shall issue a license and identfficatfon tag. An original license shall be issued for a period of one year and shall expire on the last day of the month one year from the date of issue. License renewal forms shall be mailed by the Town Clerk and any such renewal shall expire on the last day of the month in the same month that it was originally issued. A license originally issued in January will always expire in Janua ry, and renewing early or late does not change the renewal month. Any license renewal that is the subject of an issued appearance tfcket for non - licensing shall pay a late renewal surcharge in an amount as set forth in the fee schedule determined from tfme to tfme by resolutfon of the Town Board. Owners having more than one dog may request common renewal dates for licenses, which request may be granted at the discretfon of the Town Clerk, provided that all other licensing and renewal requirements are met. No licensing fees or surcharges will be prorated, refunded, or waived when accommodatfng such a request. Upon renewal, the Town Clerk shall provide a validated license to the owner. Clerk’s copies of licenses and renewals shall be kept on file in accordance with the Records Retentfon and Dispositfon Schedule MU-1 issued by the New York State Archives and Records Administratfon. G. Fee schedules authorized. The Town Board is authorized to establish by resolutfon a schedule of fees pertaining to the licensing, identfficatfon and enumeratfon of dogs. The Town Board may amend the fee schedule by resolutfon from tfme to tfme as it deems appropriate. The most current fee schedule will be kept 12 on file in the office of the Town Clerk for public inspectfon. All revenue derived from such fees shall be the sole property of the Town and shall be used only for controlling dogs, enumeratfng dogs, enforcing this local law and the A&M Law, and to subsidize the spaying or neutering of dogs or public humane educatfon programs related to responsible dog ownership. In no event shall any money derived from license fees be used to subsidize the spaying or neutering of cats or animals other than dogs, except as expressly allowed under the A&M Law. H. License fees nonrefundable. No license fees or surcharges are refundable or partfally refundable in the event that a dog is lost, stolen, sold, given away, surrendered, or deceased before the expiratfon of the license, or for any other reason. I. Unlicensed dog and other surcharges. An additfonal fee may be established by resolutfon of the Town Board should a dog be identffied as unlicensed during an enumeratfon, and that fee or surcharge shall be used to defray the costs of such enumeratfon. In additfon to the fees set by the Town Board, any fees, surcharges and assessments set forth in Artfcle 7 of the A&M Law shall be assessed. In the event that the State of New York changes or adds any state surcharges, assessments or fees related to dogs, the total fee to be charged shall be modified to include the then-current fees, surcharges, and assessments. J. Replacement tags. Each applicant for a replacement dog identfficatfon tag shall pay a fee or surcharge in accordance with the Town’s fee schedule. K. Exemptfons for special service dogs. Unless preempted by state or federal law, all special service dogs must be licensed. L. Special rules for purebred kennel dog licenses. 1. Purebred kennel licenses are offered in the Town as an alternatfve to individual dog licenses for owners actfvely involved in the breeding and sale of purebred dogs. To qualify for a purebred kennel license, a person must own five or more purebred dogs and at least one of those dogs must be unaltered. 2. Applicatfon for a purebred license shall be upon forms as provided by the Town Clerk and shall include: a. Rabies vaccinatfon certfficates for every dog listed on the license; b. Copies of registry papers for every dog or a comprehensive list of recognized registry associatfon registry numbers or memberships; c. An accurate listfng of every dog over four months old; and d. A purebred license fee as set forth in the fee schedule. 3. Once approved, the Town Clerk shall assign a purebred license identfficatfon number and license, which shall be valid for one year and thereafter subject to renewal by applicatfon. 13 4. The Town Clerk may investfgate any applicatfon for a purebred kennel license, including by seeking verificatfon of the number of dogs listed or claimed, or the validity of recognized registry associatfon registry numbers or memberships. 5. No purebred kennel license is transferable and, upon a change of ownership of any dog licensed under a purebred kennel license, the new owner shall immediately make applicatfon for a new license, unless such owner holds a valid purebred license and adds the dog to such purebred kennel license. SECTION 6. IDENTIFICATION OF DOGS: When a dog is originally licensed a Town of Enfield identfficatfon number will be assigned and an identfficatfon tag shall be issued, which shall be worn by the dog at all tfmes. The identfficatfon tag will contain such informatfon as is required by the A&M Law or as directed by the Town Clerk. Existfng A&M Law dog licenses being renewed or transferred from another municipality shall be assigned a Town of Enfield identfficatfon number and an identfficatfon tag shall be issued, which shall thereafter be worn by the dog at all tfmes. No identfficatfon tag shall be affixed to the collar of any dog (or otherwise worn or carried) other than the dog to which it was assigned. Lost identfficatfon tags shall be replaced. Dogs partfcipatfng in a dog show are exempted from wearing an identfficatfon tag only for the duratfon of the show. SECTION 7. CHANGES OF ADDRESS OR OWNERSHIP: When there is a change of address for the owner or owner of record, such person shall notffy the Town Clerk of such change and, if stfll within the Town, the Town Clerk shall make the appropriate updates to the dog license record. If outside the Town the Town Clerk shall make a note in the record, cancel the license, and forward a copy of the cancelled license to the clerk of the municipality to which the owner has moved, informing said clerk that the dog now resi des in their municipality. In the event of a change in the ownership of any dog licensed in the Town, the new owner shall immediately make applicatfon for a license for such dog. Additfonally, the original owner of record shall notffy the Town Clerk of the change of ownership. Such original owner of record shall be liable for any violatfons of or under this local law untfl such filing is made or untfl the dog is licensed in the name of the new owner. SECTION 8. GENERAL PROVISIONS: A. Lost, stolen, or deceased dogs. If any dog licensed in the Town is deceased, stolen, or lost the owner and the owner of record shall notffy the Town Clerk within 10 days of the discovery of such loss, theft or death. B. Lists of licensed dog owners. No dog licensing records, informatfon, or lists shall be made available to any person or company for commercial purposes. C. Kennels and kenneling. Any person owning or operatfng a kennel or who engaged in kenneling under this local law shall meet the following requirements: 4. All animal food shall be kept under cover and in sealed containers; 5. All animal waste shall be cleaned regularly to keep the property sanitary. 6. The premises shall be maintained so as not to constftute a nuisance. 14 This subsectfon shall not apply to the keeping of dogs in agricultural districts for agricultural or herding purposes. Nor shall this provision apply to licensed veterinarians, animal hospitals, or similar facilitfes supervised by licensed veterinarians. D. Sanitary conditfons; cruelty prohibited. All premises occupied by dogs shall be kept in a clean, sanitary conditfon. Adequate food, water, shelter, air, light, and space must be provided for each dog, including when kenneled or kept outside. The term “adequate” shall mean as is reasonable and sufficient for the age, size, and number of dogs harbored or kenneled. It shall be unlawful for any person to torture, torment, poison, deprive of necessary sustenance, unnecessarily or cruelly beat, or otherwise abuse or inadequately care for or needlessly mutflate a dog. No person shall needlessly kill a dog, unless otherwise authorized by law, such as when lawfully actfng in defense of self or another person or animal. E. Reasonable confinement when in heat. All female dogs in heat shall be confined to the premises of their owner and may not be left outside unattended, even when on the property of their owner. F. Cooperatfon with animal control officers. No person shall intentfonally hinder, resist, or oppose the acts or investfgatfons of any authorized Animal Control Officer, or of any other person authorized to administer or enforce the provisions of this local law when in the performance of his or her dutfes. G. Presumptfons. The fact that the dog violates any of the requirements or provisions of this local law or the A&M Law shall be presumptfve evidence that the dog has been permitted to be in or commit such violatfon with the knowledge of the owner, the owner of record, and any person harboring the dog. SECTION 9. PROHIBITED ACTS AND VIOLATIONS: Any violatfon of or noncompliance with the requirements of this local law shall be a violatfon of and offense committed under this local law. In additfon, any owner of any dog, or any other person who harbors or is custodian of any dog, shall be in violatf on of this local law whenever the following events occur or are allowed to occur: A. At large; leashing. A dog runs at large or, when not on the property of the owner or other person harboring or having custody or control of the dog; a dog is not properly restrained by a person capable of handling such dog and an adequate collar and leash (or harness). No such leash shall exceed a length deemed reasonable to enable the owner or handler’s proper control of the dog. However, dogs engaged in huntfng, and training as authorized under the New York State Environmental Conservatfon Law, includi ng with respect to the lawful acts of huntfng, flushing, and retrieval, shall not be deemed at large when in the presence of their owner or trainer. B. Nuisances. Any nuisance is allowed or created. C. Required identfficatfon tag. A dog is not wearing a current valid Town dog license identfficatfon tag, unless exempt from this requirement, or unless: 3. Such dog is only temporarily within the Town and such dog’s or owner’s presence is transitory in nature, such as an overnight stay at a hotel, a tourist’s visit of limited and short duratfon, partfcipatfon in a dog show, or partfcipatfon in training as a special service dog; 4. Such dog is owned by a nonresident of Enfield and is licensed by another jurisdictfon, but only for the first 150 days such dog is first harbored within the Town. 15 D. Redemptfon. Any dog is not redeemed within five days after a notfce of seizure is given or delivered to the Owner or Owner of Record. E. False identfficatfon tags and informatfon. Any dog displays or wears any false or improper identfficatfon tag, or one as belongs to another dog, or if any dog is the subject of any false or misleading informatfon provided upon any license or form, or to any Animal Control Officer or any other official or employee of the Town. F. Orders and restraints; dangerous dogs. A dog is not confined or restrained in accord with any lawful order of any court, or any other conditfon or requirement attached by lawful court order to the keeping, ownership, or harboring of any dog and such conditfon or requirement is unmet or breached, or an owner or owner of record of any dangerous dog does not provide notfce of relocatfon or any change in residency, the locatfon of the harboring, or the ownership of any dangerous dog. SECTION 10. PUBLIC NUISANCES TO BE ABATED: A. Inspectfon of violatfons and nuisances. The Animal Control Officer may investfgate the maintenance and premises of where any dog is kept or harbored and whenever, after inspectfon, he or she shall determine the maintenance or manner of maintenance of any dog is contrary to law or is injurious to the dog, or is injurious to neighboring property, or constftutes or is becoming a nuisance, he or she shall prepare a written determinatfon setting forth such findings in detail and ordering the person owning or having custody or control over such dog to take appropriate remedial actfon as specified in the written determinatfon by a specified reasonable date (the “Notfce and Order”). B. Remedial orders. Said Notfce and Order shall be personally served upon the owner of such dog and the owner of the land upon which such dog is harbored or then situate, and a copy thereof shall be filed with the Town Clerk and the Town Justfce. However, the failure to so file such Notfce and Order shall not affect the legality of the service or be a jurisdictfonal prerequisite to enforcement of this local law. Any person who believes a Notfce and Order is invalid or unreasonable may appeal to the Town Justfce for a determinatfon thereupon. Such appeal must be made and filed with the Town Justfce within five days of the date of service of the Notfce and Order and must specify each ground of objectfon or appeal, If the Notfce and Order is upheld, the appellant shall come into compliance with such Notfce and Order by the date stated therein, or within 10 days of the determinatfon, whichever later occurs. C. Determinatfons; impoundments. Any determinatfon may grant, grant in part, or deny such appeal and support, support in part, reverse, cancel, or augment the Notfce and Order. In additfon, a determinatfon may also require, order, or direct the: 1. Cleaning of wastes, kennels, dog houses, animal food, other materials utflized in connectfon with the dogs, and direct that such conditfons ordered cleaned up shall not be permitted to recur; 2. Keeping, harboring, penning, housing, or kenneling of dogs in a specified manner adequate to protect such dogs, prevent their running at large or their entry upon neighboring or public property; 16 3. Relocatfon of any enclosures or the soundproofing or screening of structures and devices used to pen, house, or harbor any dogs; 4. Placing of food and refuse in tfghtly covered containers for garbage and rubbish, as well as the periodic removal of any garbage or rubbish; 5. Removal of any dogs from any premises if such dogs have been subject to illegal abuse or torture, neglect, or if the owner(s) have hampered or obstructed the official dutfes of any Animal Control Officer. In all cases, any dog removed or impounded shall be returned as soon as possible once the cause for removal or impoundment has been remediated, subject to the payment of any applicable impoundment fees by the owner(s). D. Compliance. All owners (and all landowners) shall comply with any Notfce and Order and determinatfon, and any Animal Control Officer shall investfgate and verify such compliance, as well as contfnued future compliance if and as reasonably required given the nature of the nuisance sought to be abated. The failure to comply with the Notfce and Order or any determinatfon shall also be a violatfon of and offense under this local law. E. Nuisance remedies cumulatfve. The Town may take any other actfon as is appropriate in its discretfon and as allowed by law to prevent or abate any public nuisance. SECTION 11. LIABILITY OF OWNER: If any domestfc animal, farm animal, or companion animal is injured or killed as a result of being attacked, chased, or worried by any dog, the owner of said dog shall be liable to claims for such damages. It shall be an affirmatfve defense to any such charges or liability that the dog was at the tfme of the incident upon the dog owner’s property. The owner of such injured or killed animal may make a complaint to the Animal Control Officer, who shall proceed pursuant to the dangerous dog rules of the A&M Law. In no event shall the Town be liable or responsible for any damage done by any dog. SECTION 12. DANGEROUS DOGS: The determinatfon of a whether any dog is a dangerous dog, and the prosecutfon of special proceedings in relatfon to dangerous dogs, shall be in accord with A&M Law Artfcle 7 and, as applicable, Artfcle 4 of the Civil Practfce Law and Rules. In the event that a dog is determined to be a dangerous dog, the court shall give notfce to the Town Clerk of such determinatfon and a note will be made in the dog’s record. Additfonally, the Town Clerk shall notffy the Animal Control Officers and local and county law enforcement and emergency services personnel of such determinatfon. All requirements as to confinement, control, and notfces as to such dangerous dog and its movement and locatfon shall be strictly adhered to by each owner and all owners of record. If an insurance policy insuring against damages to persons and property by any dangerous dog is required by any court order or similar adjudicatfon, such owner or owner of record shall supply proof of annual renewal of such policies as comply with the A&M Law and such court order or other adjudicatfon, and the failure to promptly and tfmely supply the same shall be a violatfon of and offense under this local law that shall also require the immediate impoundment of such dangerous dog. All other facilitfes and devices ordered to be built, implemented, or used in relatfon to dangerous dogs shall be periodically inspected by the Animal Control Officer to help ensure contfnued use and compliance. SECTION 13. DESIGNATED OFF-LEASH AREAS AND DOG PARKS: Nothing in this local law is intended to prohibit a dog from running at large in such off-leash areas as the Town Board may designate after a public hearing by 17 resolutfon, or in any dog parks designated by the Town Board by like process of a public hearing and resolutfon. The Town Board may hold a public hearing on its own motfon and may dedicate such land upon such terms and conditfons as it deems advisable to protect the health and safety of residents or to promote public peace and order. The Town Board may also discontfnue such designatfon or use at any tfme or amend the land areas affected or rules and conditfons so declared, at any tfme by like process of a p ublic hearing and resolutfon thereupon. At a minimum, the following rules shall apply to all off-leash and dog park areas: A. All dogs in such areas must be licensed as required by this local law and must have a non -expired rabies certfficate at all tfmes while the dog is in such areas. B. No animal other than dogs are permitted in off-leash and dog park areas, and any person that takes a dog into a designated off-leash area must have physical control of the dog by means of a leash when entering and leaving the off-leash area and must maintain voice control over the dog and keep the dog in sight at all tfmes while in the off-leash area. C. Each person bringing a dog into an off-leash area shall be responsible for the conduct of such animal and shall be responsible for all injury to person or property caused by the dog. D. Dogs showing aggression toward other persons or dogs must be immediately leashed and removed from the off-leash area. E. Each person bringing a dog into the off-leash area shall carry the proper equipment for removing feces and shall remove the feces from the designated area and dispose of same in a sanitary manner by placing the feces deposited by such dog in an appropriate receptacle. F. Professional dog trainers may not use an off-leash area for the conduct of their business and no person shall bring more than 2 dogs to the park at one tfme. G. The Animal Control Officer or Town Board, or its designee, may i) temporarily close any off-leash area or ban the use thereof by dogs for any reasonable purpose or cause, and ii) ban a specific dog from any off- leash area when it has been determined that such dog or person constftutes a nuisance, is unduly disruptfve or aggressive, or such act is necessary to maintain peace and order or to protect the health and safety of the public. Notfce by certffied mail to the owner or owner of record shall be made des cribing the ban, banned locatfons, and any conditfons or requirements that must be met before the use of off-leash areas are permitted and the ban lifted. Any person who contests the notfce and determinatfon may file a written objectfon and appeal addressed to the Town Supervisor. Such objectfon and appeal must be delivered within 10 days of receipt of the notfce, or within 15 days of the date of delivery thereof, whichever comes first. The Town Supervisor shall investfgate the matter and render a determinatfon within 15 days of such objectfon and appeal, which determinatfon shall be final for all purposes, including Artfcle 78 of the New York Civil Practfce Law and Rules. SECTION 14. ENFORCEMENT: A. Appearance tfckets. Animal Control Officers shall administer and enforce the provisions of this local law and the provisions of the A&M Law, and for such purpose they shall have the authority to issue appearance tfckets and accusatory instruments and, when authorized by law, to seize dogs, either on or off the premises of the owner or person harboring such dog, if witnessed to be in violatfon of this local law or the provisions of the 18 A&M Law. Animal Control Officers are also authorized to investfgate, file, and pursue dangerous dog proceedings, fines, findings and rulings, and charging, restftutfon, and other orders in accordance with the rules of the A&M Law, Artfcle 4 of the Civil Practfce Law and Rules, this local law, and other related laws, regulatfons, and rules of the State of New York. B. Complaints. Any person who observes any person or dog in violatfon of law may file a signed complaint under oath with a Town Justfce of the Town of Enfield, or with any Animal Control Officer, specifying the objectfonable conduct, the date thereof, the damage caused or the acts constftutfng a violatfon of law, the place or places, dates, and tfmes where such alleged illegal conduct occurred, and the name and residence, if known, of the owner or person harboring such dog or so violatfng law. C. Investfgatfons. Upon receipt of such a complaint by an Animal Control Officer, such officer may investfgate and, if they reasonably believe a violatfon of law has occurred, they may file a complaint with the Town Court. Upon receipt of such a complaint by the Town Justfce, the court may issue a written summons directfng such person(s) as alleged to be in violatfon of law to appear in person before the court and answer any charges or complaints. If such person does not appear when notfced, the Town Justfc e may issue a warrant for the arrest of said person in accord with the New York Criminal Procedure Law, Penal Law, Judiciary Law, or the applicable judiciary act or rules of court, including rules for and findings of contempt of court (all hereafter, the “Penal Laws”). D. Penaltfes for offenses. A violatfon of this local law shall constftute an offense classified as a “violatfon” in the Penal Laws. Any person found guilty of any violatfon of or offense under this local law shall be subject to the following criminal fines and penaltfes: 1. For a first offense, a criminal fine of not less than $50 nor more than $200, and each week that any noncompliance or violatfon contfnues is and may be charged as a separate offense; 2. For a second offense, being any adjudicatfon of a violatfon or offense committed within two years of any prior offense, not less than $100 nor more than $400, and each week that any such noncompliance or violatfon contfnues is and may be charged as a separate offense; and 3. For any third or subsequent offense, being any violatfon committed within two years of any adjudicatfon of a second offense, not less than $200 nor more than $800, or imprisonment for a term not to exceed 15 days, or both, and each week that any such nonco mpliance or violatfon contfnues is and may be charged as a separate offense. 4. Fines and penaltfes as set forth in this Code of the Town of Enfield are in additfon to, and not in lieu of nor in substftutfon for violatfons and fines under the A&M Law and its regulatfons, which remain separately chargeable and enforceable. 5. The rights and remedies herein stated are not the exclusive rights and remedies of the Town, and each and all remedies and rights stated or arising under this local law shall be cumulatfve and in additfon to, and not in limitatfon of, any other right or remedy the Town may or does have. The Town’s pursuit of any one right or remedy does not effect a waiver of any other rights or an electfon of remedies, and the Town may thereafter or simultaneously pursue or contfnue to pursue any other right or remedy it may have, including the civil or criminal enforcement of this local law at law, in equity, or both. The fines and penaltfes specified above are in additfon to any penaltfes 19 provided by law for violatfons of the A&M Law, and no recitatfon of any right or remedy in respect of any violatfon of or noncompliance with this local law shall preclude any other remedy or penalty available by law or in equity under such A&M Law, or othe rwise in accord with law. A. E. Special service dog accommodatfons. Any person who intentfonally refuses, withholds, or denies a person any accommodatfons, facilitfes, or privileges because he or she is accompanied by any statutorily listed special service dog shall be further subject to a civil penalty of up to $200 for the first violatfon and up to $400 for each subsequent violatfon, and the Town may maintain an actfon in its own name to enforce and collect such penalty, or the same may be imposed by a court with appropriate jurisdictfon over the offender. F. Falsified documents or informatfon. Any person who, for the purpose of partfcipatfng in the animal populatfon control program, shall falsify proof of adoptfon from a pound, shelter, duly incorporated society for the preventfon of cruelty to animals, duly incorporated humane society, or duly incorporated dog or cat protectfve associatfon, or who shall furnish any licensed veterinarian of this state with inaccurate informatfon concerning his or her residency or the ownership of a dog, or of such person’s a uthority to submit a dog for a spaying or neutering procedure pursuant to the A&M Law, and any veterinarian who shall furnish false informatfon concerning animal sterilizatfon; shall be guilty of a violatfon, subject to an additfonal fine of not less than $250 per offense, separately chargeable as a violatfon level offense under this local law. SECTION 15. SIEZURE AND IMPOUNDMENT; REDEMPTION: A. Seizure. Dogs may be seized as follows: 1. When such dog is at large or it or its owner are otherwise in violatfon of the provisions of this local law or the A&M Law; 2. When there is reasonable cause to believe that such dog may be a dangerous dog, or otherwise poses an immediate or imminent threat to public safety; or 3. When the owner, or any person owning, harboring, or having custody of, a dangerous dog fails to obey or remain in compliance with a court order or requirement pertaining to said dangerous dog. B. Redemptfon periods. The Town hereby enacts this sectfon pursuant to the provisions of A&M Law § 117, Subdivision 8, and hereby declares that it is expressly superseding the redemptfon periods otherwise provided for in said § 117, including Subdivisions 4 and 6 therein as follows: 1. For any dog that is not an identffied dog, the Town shall require that such dog be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof of ownership and proof that the dog has been licensed and, upon payment of the impoundment fees set by the Town’s fee schedule; Animal Control will Notffy the Town Clerk within 48 hours of seizure of an unidentffied dog. 2. For any identffied dog, the Animal Control Officer shall notffy the owner of record personally or by certffied mail, return receipt requested, of the facts of such seizure, and the procedure for redemptfon. If notfficatfon is personally given, such dog shall be held for a period of seven days 20 after the date of notfce, during which period the dog may be redeemed by the owner. If such notfficatfon is made by certffied mail, such dog shall be held for a period of seven days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees and producing proof that the dog has been licensed. C. Initfal impoundment fees. Impoundment fees shall be set forth, from tfme to tfme, by Town Board resolutfon. Such fee schedule shall be available at the Enfield Town Hall and on the Town’s website. D. Unredeemed dogs. Any dog unredeemed at the expiratfon of the appropriate redemptfon period shall be made available for adoptfon or euthanized pursuant to the provision of the A&M Law. It is the intent of this local law that any unredeemed dog shall be offered for adoptfon whenever practfcable. If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees regardless of whether they retake possession of or redeem the dog, and the seizure of any dog shall not relieve any person from any violatfon of or offense against this local law or the A&M Law. E. Special costs and fees for dangerous dogs. If a dangerous dog is seized or impounded, the above impoundment fees shall be paid for the period of tfme such dog is held by the impounding agency, whether by court order or otherwise, and the owner shall also be responsible to pay any extra costs or expenses of housing or handling incurred because of such dog’s dangerous propensitfes or actual behavior. Such amount shall be determined by the court upon invoicing and the provision of a suitable explanatfon as to such costs incurred, subject to the rights of cross-examinatfon and impeachment of such owner, or pursuant to the fee schedule of the Animal Control Officer when certffied to the Town that the costs incurred for a partfcular exceeded the base fee and that the dog’s behavior required the incurring of such extra costs or expenses. However, if the dog is held but adjudicated not to be a “dangerous dog,” then no impoundment fees shall be required to be paid by the owner prior to redeeming or claiming such dog unless i) such dog was previously adjudicated as a dangerous dog, or ii) the Animal Control Officer has certffied the excess handling expenses as justffied based upon the actual behavior of the dog while confined and the court hearing the matter makes an allowance or aware therefor. All court hearing dangerous dog matters shall retain jurisdictfon to make these determinatfons when they arise, even after the final decision of the court, whether appealed or not. SECTION 16. LIMITATION UPON TOWN LIABILITY: No actfon may be asserted or maintained against the Town or any Animal Control Officer, or against any persons lawfully authorized by the Town when performing dutfes pursuant to this local law or A&M Law, to recover the possession or value of any dog, or for damages for injury to or compensatfon for the seizure, adoptfon, treatment, transfer, euthanasia, or destructfon of any dog, unless it is proven that the Town, officer, or person actfng for the Town intentfonally and improperly or illegally deprived a claimant of its property without just or colorable cause. SECTION 17. SEVERANCE, SAVINGS, AND CONSTRUCTION OF TERMS: If any part or provision of this local law or the applicatfon hereof to any person or circumstance be adjudged invalid or unenforceable by any court or tribunal of competent jurisdictfon, such judgment shall be confined in its operatfon to the part or provision or applicatfon directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the applicatfon thereof to other persons or circumstances. The Town declares that it would have passed this local law or the remainder hereof had such invalid applicatfon or invalid provision been apparent or omitted. All nouns and pronouns shall be construed in the singular, plural, masculine, feminine, or neutered context when the provisions hereof so demand or admit. Words shall have their defined meanings and all words shall have standard meanings as applied within the 21 context of the clause in which such terms appear. Subject headings are for convenience and shall not be construed or applied to limit or restrict the subject matter and terms appearing under such subject heading. Whenever any reference is made to any sectfon of law or regulatfons, such reference shall be interpreted to include such law or regulatfon as later amended, renumbered, or re-codified. Mere typographical errors in citatfons or the text of this local law shall not be given effect. Vote: Aye; Hinkle, Lemke, Millspaugh, Lynch, and Redmond; Carried. Resolutfon #2025-37 – Dog Fee Schedule WHEREAS, the Town of Enfield (“Town”) has adopted Local Law #1 of 2025, Dog Control and Licensing Local Law and Regulatfons (the “Dog Law”) on April 9, 2025; WHEREAS, Sectfon 5.C. of the Dog Law requires the Town’s Board to adopt a resolutfon, from tfme to tfme, setting forth the Town’s dog license fees and surcharges; and WHEREAS, Sectfon 15.C. of the Dog Law requires the Town’s Board to adopt resolutfons, from tfme to tfme, setting forth the impoundment fees to be charged under the Dog Law; NOW, THEREFORE, be it resolved: 1. The initfal fees for the local portfon of any dog fees pursuant to Sectfon 5.C. of the Dog Law are set as follows: a. $11.00 for each altered (neutered or spayed) dog; b. $21.00 for each unaltered dog; and c. $30.00 for a Purebreed (as that term is defined in the Dog Law) license as a base fee, plus $2.00 for each dog licensed or registered thereunder. d. Late fees will accrue at the rate of $5.00 for each month (or portfon thereof), startfng 30 days after the renewal date of a dog’s license or the initfal due date for the registratfon of a new dog in Town. 2. The initfal impoundment fees pursuant to Sectfon 15.C. of the Dog Law are set as follows: a. $25 for the first impoundment of any dog owned by that person; and b. $50 for a second impoundment of said dog within two years of the first impoundment; and c. $75 for the third and any subsequent impoundments of said dog within one year of the second impoundment. These fee schedules will be made available at all tfmes at the Town Hall and on the Town website. Supervisor Redmond moved and Councilperson Hinkle seconded. Discussion: Supervisor Redmond had asked if this resolutfon had been posted for the public to view, it was confirmed by Clerk Cornell that it was indeed posted online and at the Clerk’s Office. Vote: Aye; Hinkle, Lemke, Millspaugh, Lynch, and Redmond; Carried. 22 Discussion: Presentatfon from Megan Barber of Community Arts Partnership regarding a public sculpture . Megan grew up in Enfield and has fond memories of her grandfathers and great-grandfathers histories in Enfield. Megan is the Executfve Director of the Community Arts Partnership, as part of th ere work they are helping the Tompkins County Tourism with their project of creatfng a trail of sculptures throughout the County. The sculpture will focus on food security and communitfes. Enfield was chosen to be the pilot community. The sculpture ideas come from the community and have community engagement. They have been doing a lot of engagement within the community, and they also want to connect with the Cayuga Natfon Gayogo̱hó꞉nǫˀ and what they envision for this project. They have engaged students at Enfield Elementary School. After much deliberatfon they have chosen Gwen Quiggly and Tony Moretti as the artfsts. The work will start this spring, and they are really excited about it. They will work on involving local artfsts to teach them how to complete a large sculpture/project like this. They have been working closely with Food Pantry Director Jean Owens and Town Supervisor Stephanie Redmond. Councilperson Lynch asked her if they had any idea of what the sculpture will look like. The design is stfll in development. Councilperson Lynch asked if the sculpture could be moved after installed. Megan said it would be the Towns sculpture and would have control over the sculpture. Discussion: Presentatfon from Becky Simms of RCAP Solutfons on a water survey. Supervisor Redmond, Becky has been working with the Water Protectfon Committee on creatfng a needs assessment survey. Becky asked if the Board members had received her email from earlier this afternoon, they had. The Water Protectfon Committee has been making good headway in the development of the survey. For this project they are looking at water and not sewer at this tfme. The 2021 Survey showed that new water issues developed due to recent draught concerns. The survey is ready to be distributed, which could be distributed a couple of different ways. They are looking at 600 parcels and with approx. 420 owners. You can send a paper survey and/or offer an online survey (most cost effectfve.). It is up to the town on how they would like to proceed. Councilperson Lynch offered to draft some language with Councilperson Lemke and provide it to Becky for the survey. Councilperson Lynch asked if there would be an opportunity for those who do not live in the core area to complete the survey. This questfon came up at the meetfng a couple of weeks ago, a member of the committee does not reside within the core area. Anyone is welcome to complete the survey. Lemke asked if a short video could be created that gave a brief descriptfon/informatfon of the project/survey. Becky asked for clarificatfon. Discussion contfnued. Councilperson Lynch liked the idea of a survey. Clerk Cornell will check on the most cost-effectfve way of mailing the survey. The survey will also be mentfoned and possibly posted in the next quarterly newsletter. 23 Resolutfon #2025-38 NYCLASS Bookkeeper Blixy Taetzsch. She sent documents including the resolutfon to all Board members. NYCLASS is a Triple A rated government fund, and there would be no risk. There is an informatfon statement that gives informatfon on the governing board. A resolutfon on authorizing Stephanie to sign the agreement as you would enroll in the community cooperatfve. The whole registratfon packet on how to get enrolled in the municipal cooperatfon. Councilperson Lemke asked how much we would consider putting into this fund. In the Highway fund there are $400,000 and another $1,500,000 that will be spent throughout the year. The funds are liquid, you can withdraw them as needed. Her understanding is that it would only take a couple of days to get your funds, while earning money in the meantfme. Many NY municipalitfes are using it. She just set it up with Ulysses. Supervisor Redmond was concerned with a loss of investment. But because they are all Triple A government investments and the government would have to go out of business to lose funds. When you invest in government securitfes you own the investment. Discussion contfnued. Randy Brown - the county has 24 enrolled, and they made $3.2 million in interest last year. (A lot was in treasury bonds). With $2.2 million in interest is projected for this year. Supervisor Redmond moved to partfcipate in NYCLASS, and Councilperson Lemke seconded. Vote: Aye; Hinkle, Lemke, Millspaugh, Lynch, and Redmond; Carried. Resolutfon #2025-39 Standard Workdays 25 Supervisor Redmond moved, and Councilperson Millspaugh seconded. Blixy apologized for this being late. Vote: Aye; Hinkle, Lemke, Millspaugh, Lynch, and Redmond; Carried. RESOLUTION #2025-40 A Resolutfon to Schedule a Public Hearing into a Local Law Optfng in to the Tax Exemptfon under Real Property Tax Law Sectfon 487 Whereas, the Enfield Town Board on May 10, 2023 adopted Resolutfon #49 -2023, said resolutfon revoking a prior Town Board’s decision to opt out of the Tax Exemptfon provisions embodied in Sectfon 487 of the New York Real Property Tax Law (RPTL), said provisions affectfng the taxable status of certain types of renewable energy facilitfes, this Town Board reasoning that optfng back in to the provisions of Sectfon 487 would serve the best interests of the Town, its residents, and taxpayers; and 26 Whereas, subsequent to its adoptfon of Resolutfon #49-2023, a Senior Attorney for the New York State Department of Taxatfon and Finance advised an officer of this Town that to have binding effect, said revocatfon must be adopted through local law, not resolutfon; and Whereas, this Town Board seeks to accomplish the intent of Resolutfon #49-2023 under procedures that will comply with state requirements and give the revocatfon binding legal effect; therefore be it Resolved, that the Enfield Town Board hereby authorizes counsel to draft a local law that will revoke this Town’s prior decision to opt out of Sectfon 487 of the RPTL, and to opt back in to its provisions, and that such local law be presented to this Town Board for review at its May 14, 2025 Regular Monthly Meetfng; and be it further Resolved, that a Public Hearing on such local law to revoke the opt out provisions of Sectfon 487 of the RPTL be scheduled for June 11, 2025, commencing at 6:30 PM at the Enfield Town Courthouse and virtually via the Zoom Meetfng Portal. Councilperson Lynch moved, and Councilperson Lemke seconded. Discussion: A resolutfon was completed in 2023, as that is what we were directed to do by counsel. It came to our attentfon that it was supposed to have been completed as a local law. Vote: Aye; Hinkle, Lemke, Millspaugh, Lynch, and Redmond; Carried. Discussion: Ordering LED lights. Supervisor Redmond did a walk-around of the buildings and discussed the lights with Alan and Buddy. She will order the new LED lights/light fixtures that will either be free or at minimal cost. Resolutfon #2025-41 Authorizatfon for Supervisor to Sign Burial Coordinator Contract for 2025 WHEREAS, the Town Board of the Town of Enfield agrees to utflize the services of Brandon McGee for the burial coordinator in town cemeteries, now therefore be it RESOLVED, the Town Board authorizes the Town Supervisor to sign a contract for these services for 2025 Supervisor Redmond moved, and Councilperson Hinkle seconded. Discussion. Clerk Cornell shared that Brandon informed her that his fees will be slightly higher than those that were charged in the past for excavatfon. He will be doing any excavatfon work in additfon to being the coordinator. Vote: Aye; Hinkle, Lemke, Millspaugh, Lynch, and Redmond; Carried. Resolutfon #2025-43 Authorizatfon for Supervisor to Sign Sheriff Contract WHEREAS, the Town Board of the Town of Enfield agrees the Town benefits from hostfng a Sheriff satellite office in the Town Hall, now therefore be it RESOLVED, the Town Board authorizes the Town Supervisor to sign a contract the Sheriff Contract Supervisor Redmond moved and Councilperson Hinkle seconded. Vote: Aye; Hinkle, Lemke, Millspaugh, Lynch, and Redmond; Carried. 27 Resolutfon #2025-42 Demanding an Independent Audit of New York State Electric & Gas (NYSEG) Billing Practfces WHEREAS, New York State Electric & Gas (NYSEG) provides electric and gas services to residents of the Town of Enfield and surrounding areas, and WHEREAS, numerous complaints have been raised by residents and businesses regarding inaccurate billing, sudden rate spikes, delayed or estfmated meter readings, and lack of transparency in NYSEG’s billing practfces, and WHEREAS, these billing issues have caused financial hardship for many residents and businesses in the Town of Enfield, raising concerns about fairness, accountability, and proper regulatory oversight, and WHEREAS, the Town of Enfield has also experienced inaccurate billing practfces which have caused numerous hours of staff tfme to be allocated, and WHEREAS, the Public Service Commission (PSC) and other state regulatory agencies have an obligatfon to ensure that utflity companies operate transparently and in the best interest of consumers , and WHEREAS, a comprehensive, independent audit of NYSEG’s billing practfces would provide much-needed clarity regarding the accuracy of billing procedures, the effectfveness of customer service responses, and compliance with state regulatfons, and WHEREAS, other municipalitfes and consumer advocacy groups across New York State have also called for increased scrutfny and oversight of NYSEG due to similar concerns, now therefore be it RESOLVED, That the Town of Enfield Town Board formally requests that the New York State Public Service Commission (PSC) and the New York State Attorney General’s Office conduct an independent audit of NYSEG’s billing practfces to determine the extent of errors, inconsistencies, and potentfal overcharges, RESOLVED, further, That this audit should include, but not be limited to, an examinatfon of meter reading accuracy, estfmated billing practfces, customer service response tfmes, and adherence to state-mandated billing regulatfons, RESOLVED, further, That the findings of the audit be made publicly available to ensure transparency and accountability, RESOLVED, further, That the Town Clerk is hereby directed to forward copies of this resolutfon to Governor Kathy Hochul, the New York State Public Service Commission, New York State Attorney General Letftfa James, New York State Senator Lea Webb, New York State Assemblywoman Anna Kelles, and NYSEG leadership. Supervisor Redmond moved, and Councilperson Lemke seconded. Discussion: Councilperson Lynch shared his bill and asked those with smart meters what issues they have been having. Comments were made that their electric bills were very high, many received bills for over a thousand dollars for a month of electric usage. Vote: Aye; Hinkle, Lemke, Millspaugh, Lynch, and Redmond; Carried. 28 Updates on Enfield Road Clean-up, Cemetery Clean-up, Enfield Clean-up days.. A brief update was given on each event. Discussion: ICE - Know your rights Councilperson Lemke shared a one-page handout from an event on the commons that she recently attended. She would like it posted to the Town website to inform any affected Enfield Residents of their rights. Clerk Cornell asked for clarificatfon of who published the handout as to make sure it would be appropriate to be posted by the Town. The Board proceeded to a vote. Vote: Aye; Hinkle, Lemke, Millspaugh, and Redmond; Carried. Nay; Lynch. Discussion: Review updated subdivision regulatfons. – Tabled. Privilege of the Floor: Councilperson Lynch, he thought back to the vote on the Dog law tonight, and he may have made an error tonight. If he were to vote again, he would have voted against it. Announcements: Clerk Cornell. There is an upcoming Rabies clinic in the Town of Danby on May 7, 2025. Visit the Health Department website for more informatfon. Adjournment: Councilperson Millspaugh motfoned to adjourn, adjourned at 10:10 PM Respectiully submitted, Mary Cornell Mary Cornell Town Clerk