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HomeMy WebLinkAbout1977-08-01 a° j TOWN OF GROTON PUBLIC HEARING OIL PROPOSED DOG CONTROL LAW Held at the Town Hall Groton , N . Y . Monday - August 1 , 1977 - 8 : 00 PM PRESENT : V . Rankin - Deputy Town Supervisor Be Bucko - Town Attorney C . Pierson - Town Clerk R . Walpole an Town Justice A . Heffron - Town Justice L . Sovocool - Town Councilman L . Cornelius - Town Superintendent of Highways Mrs . Betty Howland , Mrs . Broom and Mrs . Cox - 'Tompkins County SPCA Mary Evelyn Dempsey - Cortland Standard Josephine Bell - Recording Clerk . Approximately 40 members of the general public . V . Rankin : It ' s 8 PM and time for the hearing on the dog issue . Colleen will you read aloud the Notice of the Public Hearing , Mrs . Pierson read the notice aloud which was published in the Journal. and Courier on July 17 , 1977 and a copy of this notice is on file in the Town Clerk ' s office . V . Rankin : We have two women here from the SPCA - - Mrs . Cox and Mrs . Howland . Mrs . Howland : Mrs , Stewart Brown is also on the Board . V . Rankin : The best way is to start off with people who are in favor of the proposed law . When you speak , please stand up and give your name and speak slowly so our secretary can record your ideas . M . Jacobs : I ' m Marvin Jacobs of 1613 Old Stage Road . Will you give me some kind of an idea what the Tompkins County law consists of and the County and Town laws on dog kennels and what the Health Depart - ment requirements are and things like that ? Be Bucko : To our knowledge we have nothing in the Town of Groton . M . Jacobs : bike dog kennels ? Be Bucko : Dog kennels are allowed in certain zones but other than that no license fee . - 1 - C . Pierson : 'There are kennel licenses - - they have to have one registered dog to qualify for a kennel license and there ' s a fee of $ 12 . 00 and then $ 1 . 35 for each additional dog in there and they have to have a tag on them . M . Jacobs : Are there any legal kennels in this area ? C . Pierson : Yes , there are . We have five . Me Jacobs : Is there one on Old Stage Road ? C . Pierson : Not to my knowledge . M . Jacobs : I was wondering also , who is the dog warden in this Town ? V . Rankin : We don ' t have one . � 14 . Jacobs : who has control over this when you have a complaint , - -who takes care of it , - - the sheriff ' s department , SPCA or who is it ? Be Bucko : That ' s been the confusing part of this entire situation . The SPCA can ' t do it . If there ' s a complaint we call the sheriff ' s office or the SPCA and they come out if possible . Mrs , Brown : The SPCA can pick up unlicensed dogs but if they are licensed we can ' t touch them . Me Jacobs : In other words dogs can run wild in this township and there ' s no law . Be Bucko : 'There ' s the Agriculture and Markets Law of the State of New York . They ' ve issued a quarantine on dogs but not enough personnel to pick up dogs if there are complaints and a dog is running wild so this is why the County Representatives and the SPCA have asked towns to pass a law to control these dogs . V . Rankin : Well , then , Marvin , you are in favor of the leash law? Be Bucko : I think maybe we ought to read aloud the New York law that is being considered tonight so everybody will understand it . Mr . Bucko read this law aloud pursuant to Article 7 of the Agriculture and Markets Law of the State of New York - a copy of which is attached to these minutes and made a part hereof . (Attachment A) . ` e Jacobs : That ' s your proposal as of tonight ? O . K . but we don ' t have any real dog law so , in other words , until this takes place me and my neighbors have to still suffer 9 or 15 dogs . Be Bucko : I have a dog that tears up my lawn every other day and when I complain my neighbor says " shoot the dog . " I M . Jacobs : When I get harrassed all hours of the night by barking and yapping and can ' t tie my own dog up without them attacking him and another thing if they do come up again I ' ll shoot every one of - 2 - Me, Jacobs : them whether I ' m at fault or not . Something has to be done . V . Rankin : As I said , you ' re in favor of this leash law? Me Jacobs : Yes , A . Heffron : If it does become effective and the Board , as a result of this hearing , decides to adopt this law a complaint will have to come from you . M . Jacobs : I already have . A . Heffron : The complaint still has to come from the person who is being harrassed and then upon identification of the dog and the owner we should get something done . As it is our hands are tied . V . Rankine Next , H . Schmolls : I ' m Howard Schmolls of 704 Old Stage Road . I complained about dogs ruining our shrubbery and that stuff up there and have been told if I get them in a garage and get a leash on them someone i will come and take care of them but you can ' t catch them so I came to the conclusion my shotgun is the best answer . I com- plained to the SPCA and the Town Clerk ' s Office just a week ago . Be Bucko : Until we have a law the "Down Board has no control . H . Schmolls : I feel lake Mr . Jacobs , - - I ' m going to start shooting . V . Rankin : You would be in favor of the leash law ? H . Schmolls : Yes , sir . Be Bucko : I would like to ask a question of the people from the SPCA . If this law is passed will this give you any leverage for more money and so forth . Will you be able to help us ? Ctrs . Howland : Perhaps we should say this , - -we are under contract to Tompkins County as dog wardens and that contract is in effect from 9 AM until 5 PM . We do not have the personnel to go out and control and pick up animals outside of that 9 - 5 stipulation in our con - tract . What we are hoping for , and you people are very definitely , if this goes through , taking a step in the right direction , - -what we would like to see is a uniform leash law in all the towns under the County contract and this gives us a leg to stand on with everybody . We cannot control beyond these hours unless we put on additional wardens . We have 2 wardens to cover 432 square miles . If we could get a uniform law in each of the towns then we can help you more but at the particular moment we can ' t help beyond these 9 - 5 week - day hours . We have a 24 hour answering service for emergencies , which means animals hit by cars or bite services . Be Bucko : If this law is passed in the Town of Groton and other villages and towns are you going to be able to provide us with any more AN 3 We B . Bucko : services ? You can have a law but if there ' s no one to enforce it what good is it ? Mrs . Howland : That ' s right but that would give us the opportunity to pick up licensed dogs as well as unlicensed ones . We got a call to go to East Cortland Street awhile back and there must have been 20 dogs on that street and we picked up 5 of them . The woman who filed the complaint had a female dog in season , - - the others were licensed and we couldn ' t touch them . Be Bucko : But you would still only be providing services from 9 - 5 PNII ? Mrs . Howland : Yes , sir until the County agrees to an expanded contract . Be Bucko : By expanded , do you mean more money ? Mrs . Brown : We would like to say more money , yes , but we would also have presumably more money coming in from pickups and fines which i doesn ' t come to the SPCA but goes back to the Town . Some discussion was held on who got the money from fines , etc , and it is understood it goes to the County . A . Heffron : The only way the money would come back to the Town if if there was a case brought into Justice Court and then it would only be $ 2 . 00 per item . That ' s the only way the Town would get any benefit from it . But as I see it if this law goes through it would give people around town the right to sign a complaint and bring it before the Justice Court even if the dog could not be picked up at that time and the owners would be brought in . So I feel this New York law would give us stronger en - forcement . It ' s not going to stop a dog barking at midnight but you can bring the owner into court . M . Jacobs : When the sheriff was up the other night he said he would check back with me after he looked up a paragraph in the law on harrassment but he hasn ' t been back . Be Bucko ; It ' s nuisance . Me Jacobs : There ' s also something there when you harbor animals you are responsible for them , right ? A . Heffron : According to this law the person who owns the dog is responsible for its actions . M . Jacobs : I was wondering if something could be added in there that if they have more than 3 - 4 dogs you could make them pay the kennel fee . A . Heffron : A person can own 5 dogs without operating a kennel but has to license all the dogs . M . Jacobs : I would like to know how many dogs the man has licensed up there . - 4 - A . Hef£ron : Who are you talking about? C . Pierson : His name is James Lockwood . V . Rankin * Yes , Ken ? K . Wood : What I was going to ask is a legal question . If a dog harasses your cat , can you shoot the dog if he is on your own property ? B . Bucko : I ' m not going to answer that one ! V . Rankin : Any more people in favor? C . Pierson : There are 4 dogs licensed by James Lockwood . 11 . Jacobs : Well , - -he has 9 or more of them . V . Rankin : Now we ' d like to hear from people opposed to the leash law . i M . DeGraw : I ' m Milton DeGraw - - if we are going to propose this law � there have to be the means of enforcing it . B . Bucko : Let me explain something , Milt . This would now give people an opportunity to file a complaint in Justice Court and if it is annoying or harassing the SPCA can come in and pick the dog up . Under the Agriculture and Markets Law the Commissioner can enforce quarantine for dogs chasing . M . DeGraw : How come the sheriff threatened to shoot my dog for chasing a young fawn . He was just playing with it . B . Bucko : You ' re saying your dog was playing with a fawn ? �1 . DeGraw : Yes . B . Bucko : Alright but as far as the sheriff is concerned there was a quarantine and under the law if the sheriff thought the dog was chasing the fawn he had a right to shoot him . A . Heffron : What I think this law would do , - - it would give us more control than we have now . It ' s not a Utopian situation . It ' s never going to solve it 100% but if the law gives us the right to bring complaints into court than the justice has to decide who is harassing who . L . Sovocool : About the dogs on Old Stage Road - - 9 and only 4 licensed , - - how come they haven ' t gone in and picked up the unlicensed dogs ? R . Walpole : Somebody has to file an information . L . Sovocool : If he files a complaint right now , they could go up and get those dogs ? Mrs . Cox : Under the existing law if we answer a complaint like this - - we go up to the man ' s house and if he pulls the dogs in or takes off in a car with them we don ' t have any means of enforcement . We - 5 - Mrs . Cox : can ' t complain to the Justice . Putting a tag on this maa ' s dog is not going to solve your nuisance problems - - barking at night , etc . The tag means nothing . We have to get to the bottom of the problem by fines . Mrs , Jacobs : We ' re ready to sign anything whenever we can go ahead and do something . A . He £ fron : This is the purpose of the public hearing , - -whether we want this type of enforcement or no enforcement . V . Rankin : Are there any more comments other than what has been said so far ? M . Jacobs : How long would it take to pass this law? Be Bucko : The procedure is after this hearing the Town Board will consider this and after it is signed by the Supervisor it is sent to the Department of State and then , I think , it ' s within 10 days after that it becomes effective . R . Petroviski : I ' m from McLean . If this law goes into effect , and I ' m for it 100`l0 , because I have a lot of sad experiences in McLean , - - if it goes into effect will we be able to phone the SPCA direct or should we phone the Town? Be Bucko : You ' d file a complaint with the Town Justice and then call the SPCA . R . Petroviski : I have had them over before and they got a cat for me one time and tried to pick up a dog with just a choke chain - - no luck Ow On these women do a fine job but should have some men there too as they are taking a chance . D . Mazzello : I ' m Dave Mazzella - - I ' m from the Village , - -how long would it be if it ' s passed ? Be Bucko : If the Town Board decides to pass it they have to send it to the State within 5 days but I have to call and have the State send the forms for this , - - after it is signed and filed , it ' s effective 10 days afterwards . D . Mazzello : How long would it be before the Village does this ? Be Bucko : I have no idea . D . Mazzello : In other words this won ' t affect the Village at all ? B . Bucko : No , it only affects the area outside the village limits . V . Rankin : Thank you everyone for coming this evening . This hearing is now adjourned . The hearing was adjourned at 20 to 9 PM . Resp tfully submitted , 004 Jos hive Bell - 6 - E . N r A LOCAL LAW REGULATING AND CONTROLLING THE ACTIVITIES Our COGS IN THE T01ti'N OF GROTO\ , TO BE KNO14N AS THE " DOG CONTROL LAW " . Be .it enacted by the Town Board of Groton , as follows : This law is . adopted pursuant tq . Article . 7 of the Agriculture and Markets Law of the. Stag of New York . a Section - l . Purpose : . The purpose of the law is tt. promote the public health safety , and welfare I of the community , including the . protection and preservation of the property within the Town of Groton and its inhabitants , and of the peace and good order , therein by regulating and controlling activities of dogs within the Town of Groton and providing; for enforcement thereof, . Section 2 . Prohibited acts . Any owner of a dog or any other person who harbors any dog in the Town of Groton shall, be in violation of this law if such dog : A . Is not restrained by an adequate collar and leash or under full control of a responsible person , when not on the property of the owner , or any other person harboring or having cus Ally or control of the dog . B : Engages in habitual loud howling or barking or conducts itself in such manner as to habitually annoy any person other than the person owning or harboring such dog . C . Causes damage or destruction to property , or defecates , urinates or otherwise commits a nuisance other than on the premises of the person owning or, harborind such dog . D * Chases or otherwise harasses any person in such a manner as reasonabl.y to cause intimidation or to put such person in reasonable apprehension of bodily harm or -Injury . E . Except when restrained by an adequate collar and leash on the property or the ocrner or other person harboring or having custody or control, of the dog , chases , barks at ; leaps on or otherwise harasses any ( i ) bicycle , motorcycle , motor waggon , carriagre , or .any other vehicle or device u �; ed by persons for travel. or as a conveyance , or any riders or occupants thereof , or ( ii ) any . horse or other animal including any rider thereon . 1r . If it is not wearing a va.J . id and current New York State dog license while off the owners property , whether or not restrained by an adequate collar .alld leash . Section . 3 . Enforcement . Any per Son or persons , who ;are or may be lawfully authorized by thc: Town shall , and 'all. peace officers may , administor .and enforce the provisions of this law , and for such purpose Shall. have tyre auCi, ori_ t � Co issue 31 ? e :irance tickets , an accordance with Section 126 ref cile rtgr. .i +, ultural :end Markets Lrrw . Section 4 . filing of complaints . Any person who observes a dog -in violation of any acts prohibited by this law may file a signed complaint , under, oath , with a Ton Justice of the Town of Groton specifying the objectionable - conduct of the clog , tl: e data: therenE , the damage caused or the acts constituLing violation ofTt� is la .: and .i. r� cludi. ng the place or places where such conduct occurred and the name and residence , if known , of the owner or other person harboring such clog . Secton ' 5 . Minor owner : r. csponsibility of head of household . If any dog in violation of this law is owned by a person under 18 years of age , the head of, the household in which said person resides shall be deemed to be the: owner or person harboring such dog and shall be responsible for the acts of said clog for purposes of this law . Sc% ction b . Presumption , The fact that a dog is not restraincd or controlled in the 'Town of Groton elsewhere than on the premises of the owner or person harboring such dog shall be presumptive evidence that the dog has been permitted to he unrestrained or uncontrolled with the knowledge of the owner or, person harboring the dog . Section 7 . Violations . No person shall hinder , resist , or oppose� the clog warden , peace officer , or other person authorized to administer or enforCe the provisions gat- this iaw of the Town of Groton in the performance of the officers ' duties under this lace . Section F . Penalties . A viol .rr_ i. rin of -this Lai ; shall const .i. t: ute :r vio .l ,3tion as def i. ned in the Penal. Law of the State of. New York , and shall be p1.11lishabl. e by a penalty of not more than $ 25 . 00 for the first violation , nat' more than 55 (} . (}0 for the second violation , and not more than $ 7 � , O(} for the third and all. subsequent violations , or by imprisonment for, r_t term not to exceed five days . for each viOl ,rti. on . These penaati. (� s shall, be in ' addiLlon to any other penalty provided by law . Section 9 . Val i_dity . If any section , p .-:rragraj) h , subdivision , clause , phrase , Or" prQVlSiOn of this law shall bo judged .invalid or head unconstitutional , i ! --; hall not affect the v.liidit _v of (: I-Iis .l <rw ;as a whole or any par !_ of {� rovisiorr thereof othr_ r thin the part so decided to be Lllvillid or uncons .itratiunal . Section lU . Lffectivr. dace . This loral ' ] � w shall t . rkO effCcC, immediatF$ ly .