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HomeMy WebLinkAboutTB Minutes 1975-04-03 .rte I 15 1975 - Local Law # 1 A local law regulating and controlling the activities of dogs in the Town of Ithaca to be known as the " Dog Control Law" . Befit enacted by the Town Board of the Town of Ithaca as follows : SECTION 1 . ' The .purpose of the law is to promote the public health , safe- ty and welfare of the community , including the protection and preserva - tion of the property of the residents of the Town and its inhabitants , and of the peace and good order therein , by regulating and controlling the activities of dogs within the Town ' of Ithaca and providing for enforcement thereof . SECTION 2 . ' Any owner of a dog or any other person who harbors any dog in the Town of Ithaca shall be in violation of this Law if such dog , whether or ; not tagged or licensed and whether or not muzzled . a . is not restrained by an adequate collar and leash when not on the owner ' s property . bo while on the remises of the owner or such other person , �1out , b p `rK Uh32zbPiq or WVFRR to the material and continuous annoyance of an occupant or occupants in the neighborhood of such premises so that such occupant ' s rest is broken , sleep interrupted anvdo the reasonable use and enjoyment by such occupant of his home and property is disturbed . c . ( i ) causes damage or destruction to property ; or ( ii ) while D sir restrained by a leash defecates or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog . , do attacks , bites or otherwise injures a person ; or chases or 11 otherwise harasses any person in such a manner as reasonably to cause intimidation to such person , or to put such person in reasonable apprehension of bodily harm or .injury , or engages in habitual loud howling or barking so as habitually to annoy any person ; ee chases , , barks at , leaps on , or otherwise attacks any ( i ) bicycle , motorcycle , motor driven cycle , motor vehicle , or any sled , scooter , wagon , carriage , or any other vehicle or device used by persons foril travel or as a conveyance , or any riders or occupants t • 1 2 thereof , or ( ii ) any horse or other animal , including the rider thereon , . SECTION 30 � Any person who observes a dog ( 1 ) causing damage or destruc- tion to property of a person other than its owner , or ( ii ) running at large . without a tag or license or collar , or when not restrained by a leash , upon the premises of a person other than its owner , or ( iii ) harassing any person or ( iv ) •which . is otherwise in violation of this law., may file a complaint , verified under oath , with a Town Justice of the Town of Ithaca specifying the objectionable conduct of the dog , the date thereof , the damage caused , or the acts con- stituting a violation of this Law , including the place or places where such conduct occurred , and the name and residence , if known , of-- the - owner. . or. -other_ person harboring _ said_ .dog. Upon receipt . by. . . the Town Justice of any complaint against the conduct of or acts by any particular dog , or the owner thereof , the Town Justice service a 11writteni, summons directing the alleged owner or other per- . son harboring said dog to appear in person before him ; if such person does riot appear , the Town Justice may issue a warrant for _ the arrest of such person , based upon the complaint or information previously filed . SECTION 400 If any dog in violation of this Article is owned by a per- son 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 dog for pur- . poses of this Law . SECTION S ' The fact that a dog is at large in the Town of Ithaca else- where than on the premises of the owner or person harboring such dog shall be presumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or person harboring the dog . . i . I 3 - SECTION 6 . . A . Any dog warden designated or appointed by the Town or any peace officer having jurisdiction in the Town may seize and impound any dog which is - in violation of any part of this Law . B . Any such dog warden or peace officer seizing such dog shall be : empowered to exercise such degree of force as shall be necessary to effect such seizure . SECTION 7 . A . After any seizure or impounding of a dog , the owner of record of such dog , if such ownership can be ascertained from the dog ' s license tag , shall be personally served with a notice in writing of the seizure of the dog and the place where such dog may be redeemed . If personal service cannot be made , such notice shall be made by mail by enclosing the same in a post-paid envelope addressed to the owner ( 1 ) at ' his place of residence , if ' such can be ascertained from the local telephone directory , or ( ii ) at the owner ' s address given on the application for the - dog license . B . Any such notice shall describe the dog , give the license number as it appears on the tag and set forth the time and place at which '' the dog may be repossessed upon payment of the required • fee . C . Any such dog shall be held for at least seven . ( 7 ) days after personal delivery of the notice or , if the notice is mailed , AT _� EAW for^ twenty ( 20 ) days . after the deposit of such notice in a post office or mail box maintained by the Postal Service ; obut no notice of any kind shall be required if the dog is not licensed or has no tag , and any such dog may be killed , sold or disposed of in any manner after the expiration of seven ( 7 ) days after it has been seized . D . During the aforesaid period , the owner of such dog may repossess the same during the business hours of the pound or other place where the dog is kept by producing a license for such dog and by paying to the Town Clerk a fee of five dollars ( $ 5 . 00 ) . In the 1 4 - case of unlicensed or untagged dogs a fee of two dollars ( $ 2 . 00 ) ; in case of • dog which had a license and a tag when it was seized , TwiTli ck NMI .26 an additional charge of one dollar ( $ 1 . 00 ) for each day the dog is held by the Town after the day on which the notice is served or mailed . E . If any dog is not repossessed in accordance with the provisions of this law , the owner shall forfeit all title to the dog and the dog shall be sold or killed by the dog warden, or peace officer . In case of sale , the purchaser must pay the purchase price to the Clerk of the Town of Ithaca * and also obtain a license for the dog . SECTION 8 . The dog warden or peace officer shall keep a record and description of each animal seized , the date the animal was seized , the date and manner of —its disposal, and , if redeemed , - the name- • and address of the person by whom redeemed , and if killed or sold , the date thereof . SECTION 90 . No person shall hinder , resist , or oppose the dog warden or any peace officer of the Town in the performance of their duties under this ordinance SECTION 100 A ,violation of this Law shall constitute a violation as defined in the Penal Law of the State of New York , and shall be punishable by a fine of not more than $ 25 . 00 for each violation , or by imprisonment . for a term not to exceed five days , for each violation . These penalties ahll be in addition to any other penalty provided by law . SECTION 11 . •' A . During any period in which any dog is seized or being held by the Town , it may be fed and cared for at Town expense . However , for and during any period in which the dog is under the care , control or custody of the Town of any of its officers , employees , agents , dog wardens , peace officers or other persons enforcing or administering this law , neither the Town nor any of the aforesaid V + OY persons shall be under any duty or obligation to provide any wr CX�y� ply . 1 5 _ proper food and care . Neither the Town nor any such persons shall be liable 'lto anyone for any damages resulting from ( i ) any injury to a dog resulting from or caused by any act , non - feasance or misfeasance occurring during any period in which the dog is seized or under the custody , control or care of the Town or such other persons acting in behalf of, the Town , or which may otherwise arise in the course of , or result from , . the ' enforcement or administration of this law , including any alleged damages for the killing or sale of a dog pursuant to the provisions of this law . SECTION 1'' 2 : The duties imposed on the dog -warden or any peace officer hereunder may be delegated by the Town Board to- any other - person -or agency . SECTION 130 If any section , paragraph , subdivision , clause , phrase , or provision of this law shall be judged invalid or held unconstitutional , it shall not affect the validity of this law as a whole or any part or provision .thereof other than the part so decided to be invalid or unconstitutional . SECTION 140 This law shall take effect immediately . d LOCAL RECORDS DISPOSITION REQUEST LIST N0 . 272 -TC - 14 June 1975 4,,x'71 . Highway Purchase Order Book Copies -- 1940 ' s - 1950 ' s �5a2 . Dog Enumerators ' Lists -- 1963 , 1965 , 1966 , 1967 , 1968 , 19701 1971 , 1972 , 1973 . ,70. 3 . Assessors ' Records -- 1951 - 1955 ( 4 Books + 1 Box ) #774 . Financial and Social Data Records -- 1930 ' s - - Home Relief Ask Welfare and DeWitt Historical if they want . 43 . 5 . Tax Notices - - 1964 a0. 6 . Assessors ' Records -- 1945 - 1947 ( 2 Books ) Election Inspectors ' Tally Sheets -- 1956 ( 5 ) , 1964 , 1965 /597 . Election Inspectors ' Tally Sheets - - 1955 ( 5 ) _ 3aS8 . Miscellaneous Supervisors ' Papers -- 1955 - 1957 i aa7. 9 . Highway Bills - - 1955 , 19561 1957 , 1958 , 1959 i X13. 10 . Town Clerk ' s Reports -- 1953 , 1956 11x', 11 . Chattel Mortgages -- 1946 - 1958 I X91. 12 . Distribution in Highway Account Book - 1962 A22 13 . Forest ' Home Water Bills - 1962 / 9g. 14 . Supervisor ' s Funds Duplicate Deposit Tickets - 1962 36. 15 . Tax Exemptions - 1968 -, /6LI1!;60 Explosive Licenses 11111110 1959 i � . .. / j, 17 . Grievance Day Information - 1956 / 'f617 . Grievances - 1957 / 7. 17 . Grievance Day Minutes - 19561 1957 / 'f• 17 . Grievance Forms - 1959 18 . Cayuga Heights Block Maps - 1960 ' s7 Q- 18 . Tax Map ; Revisions - 1966 , 1967 , 1968 , 1969 1419 . Equalization Rate Data - - 1956 - 1958 , 4. 20 . Tax Exemption Forms . - - 1960 - 1967 X57. 21 . Highway Delivery Tickets - 19651 1966 , 1967 , 1968 a0. 22 . Motor Fuel ( Gasoline & Diesel Fuel ) Highway Equipment Schedules -- 1956 , 1959 , 1960 , 1961 , 1962 , 1963 , 1964 , 1965 , ' 1966 , 1967 , 1968 , 1969 . Y7 .23 . Home Relief Financial Data' Cards - - ' 1931 - 1936 Ask Welfare and DeWitt Historical if they want . Department of Public Welfare Records - - 1931 - 1936 Ask Welfare and DeWitt Historical if they want . zo ?7125 . Bills - 1955 j3i326 . Town Clerk ' s Monthly Reports and Miscellaneous Bills and Papers - - 1959 7 . Supervisors ' Records and Correspondence -- 1954 , 1955 , 1956 aa� 28 . Vouchers and Bills -- 1960 dd729 . Bills - 1955 , 1956 LOCAL RECORDS DISPOSITION REQUEST LIST NO . 272 -TC- 14 Page Two 1 QQ1430 �01 Forest Home Water Bills - - 1949 , 1950 , 1951 , 1952 , 1953 , 1954 , 1955 ? 1956 , 19. 57 , 1958 , 1959 , 1960 , 1961 . 99Y, 31 . Distribution in Highway Accounts -- 1960 , 1961 Bills and Vouchers II, - i 2 . Bills and Vouchers -- 1962 /5/• 339 Tally Sheets and Return Ballots Cast -- 1954 , 1955 , 1956 , 1957 , . 1958 , f 1959 , 1960 , 1961 , 19621 1963 , 1964 , 1965 . / 3340 Dog License Copies Stubs - - 1958 , 1959 , 1960 , 1961 ? 1962 , 1963 , 1964 . 86 , 35 , Parcel Number Card Catalogue - - ? ? years old 4 . 36 . List of Taxes Paid - - 1961 R2a379 Forest Home Water District Bills - - 1962 ? 1963 ad� 38 . Highway Vouchers and Bills -- 1963 , 1964 ap , 39 . Assessment Cards -- 1954 , 1955 A 40 . Chattel Mortgages " -- 1946 - 1958 , 1960 , 1961 , 1962 , 19631 1964 , 1965 * a p41 . Forest Home Water District Billings Record Book - - 1956 - 1959 Q13 , 42 . Town Clerks ' Receipts Book - - 1956 - 1963 / 3 : 43 . Dog License Stubs -- 1965 r /4. 44 . New York State Board of Equalization and Assessment - - 1956 - 1962 a:R7459 Highway Vouchers and Bills - - 1958 - 1959 / a, 46 . Real Property Transfer Reports -- 1957 , 1958 , 1959 , 19601v 1961 , 1962 , 19631 1964 , 1965 , 1966 , 1967 , 19689 0 . 47 . Assessment Complaints - - 1956 - 1959 t �7• 48 . Highway Delivery Tickets -- 1968 , 1969 aa7.499 Town Vouchers and Bills -- 1961 , 1962 , 1963 da50 . Forest Home Water District Bills - - 1964 , 1965 83. 51 . Tax Notices - - 19631 1964 , 1965 w7452 . Welfare Records -- Individual Cases Files ? .7 years old 2a1, 53 . General, Fund ' Bills and Vouchers -- 1964 a,?q. 54 . Bills -- 1957 , 1958 // $ 455 . Chattel ° Mortgages and Renewals - - 1955 0/ • 56 . Discharge of Conditional Sales Contracts -- 1957 / a/ • 57 . Satisfaction of Mortgages on Personal Property -- 1957 / 2l• 58 . Discharge of Conditional Sales Contracts - - 1958 , 1959 See Note -- Retail Instalment Contracts -- 19571p 1959 , • 1961 3; 3: 59 . Bond Insurance of School District Collectors - - 1943 , 1944 ? 1945 ? 1946 3x3459 . Bond Insurance on Town Officers and Tax Collector -- 1953 - 1959 i21 : 60 . Discharge of Conditional Sales Contracts -- 1954 , 1955 , 1956 1d4619 Discharge of Chattel Mortgages -- 1951 , 1957 , 1959 , 1961 3,83, 620* Bond Insurance for Town Officers and School District Collectors -- 1928 - 1942 a10 . 639 New York State Department of Public Works Division of Highways Permits LOCAL RECORDS DISPOSITION REQUEST LIST N0 , 272 -TC- 14 Page Three Issued as follows to Cross Public Highways : 1931 -- J . A . Tonkin - Gas Line 1931 - - J . A . Tonkin - Gas Line 1943 -- Cornell University - Pipe 1938 City of Ithaca - Water and Sewer Lines 1940 - ' 1943 - - City of Ithaca - Water and Sewer Lines 1938 - 111943 - - New York State Electric and Gas 1940 - 1941 - - New York Telephone 1941 - - Socony Vacuum Oil - Pipe i i t¢�a, 64 . Copy of Attendance Officer ' s Reports to State Education Dept . -- 1929 and 1933 - 1941 . . 6f65 . Reports of Health Officer - - 1926 - 1930 and 1932 , 1937 3466 . New York State Department of Public Service Notice of Public Hearings re Transportation as follows : 1935 - - : Lehigh Valley Railroad 3 � 1937 - Giddings , Jenkins and Clark ( Omnibus ) 1937 - - Central Greyhound Bus /S% 067 . Petition on Zoning the Town of Ithaca and Ballots Cast - - 1937 j?j$, 68 . Petition on Sale and Use of Alcoholic Beverages -- 1937 1g,, ,, 69 . Petition and Official Return on Special Election to reduce number of Assessors from 3 to 1 ( tie vote ) - - 1943 See Note -- Statement of Canvass and Determination of Result of Election at Town Board Meeting - November 5 , 1929 . 3aS30 . Application for Improvement of Klinewoods Road and Correspondence - - 1930 ,39,571 . New York State Civil Defense Commission Regulations -- 1950 - 1951 *711•72 . Report re Public Assistance - - 1931 3x5730 Letter to Supervisor re Assessment Roll Mistakes - - 1933 / 62 .74 . Certificate of Nominations - Democratic Party -- 1945 /68,75 . Expenditures of Town Supervisor to Run for Election - - 1941 3ar76 . Letter re Smithboro Bridge Co . Bonds ( Secured Noteholders ) - - 1943 /,Z/ . 77 . Discharged Conditional Sales - - 1961 /,R / . 77o Discharge of Chattel Mortgages - - 1970 a3Q,78 . New York °;State Department of Public Works Division of Highway Permits to : New York State Electric and Gas -- 1939 , 1943 , 1945 , 1946 Stephen Roberts - Water Pipe along Slaterville Road - - 1946 Cornell University - Mitchell Street - Water -- 1946 Cornell University Ithaca - Varna Highway -- 1939 City of Ithaca - Trumansburg - Ithaca Road -- 1939 Town of Ithaca - Cayuga Heights - Hanshaw Road -- 1945 Permit to ';,Daney Tree Expert Co . to trim trees along highways -- 1944 LOCAL RECORDS DISPOSITION REQUEST LIST N09 272 -TC - 14 Page Four 1p . Permit to Lehigh Valley Railroad to improve culvert under Taughannock State Park, Road -- 1945 79 . State of New York Public Service Commission Public Notices -- 1922 - - Closing Danby Road crossing the Cayuga and Sesquehanna Railroad and opening a new street to Coddington Road 1927 -- Petitions of Dalton and Dalton to oeprate bus line from Auburn to Ithaca 1930 ' - - Petition of Fay Giddings to abandon portion of bus route from Groton to Ithaca 193211 -- Greyhound Bus Line petition to operate bus line between Ithaca and Elmira I - Jt� 1932 - - Petition of Lakeland Motor Lines for bus route between Seneca Falls and Ithaca 1934 1� � ' Petition of James Taylor to perate bus route between Taughannock Falls State Park and Ithaca 1934 - - Petition of Stanley Mekos to ' operate bus line between Elmira and Ithaca 1929 - - Petition of Crispell et al . to operate bus line between Caroline and Ithaca 1935 Re : Investigation of Lehigh Valley Railroad Co . service provided 1937 Permit to operate bus service from Ithaca to Lisle through Dryden �a 580 . New York State Audit and Control - Re : Bonding of Supervisor in order to receive Highway State Aid Funds - - 1945 3aS80 . Request to improve road by Warren Farm / * 9, 810 Delinquent Dog Lists ( DL2 ) - - 1963 , 1965 , 1966 , 1967 , 1968 , 1969 , 1970 / 3 $, 82 . Dog License Applications -- 1969 , 1970 , 1971 , 1972 , 1973 r