PASSED: Animal Control Law (Revised 10/4/16)

Local Law Number 4 of 2016
Amending Local Law 1 of 2006 Dog Control Law to be renamed Animal Control Law

Be it enacted by the Village of Stamford as follows:

Section 1 – Purpose

This local law shall be know and cited as “The Animal Control Law” and sets forth certain regulations to govern the control animals within the Village and the protection of persons, property and domestic animals from attack and damage.

The Village of Stamford Board of Trustees finds that the control of animals of all kinds within the village limits is necessary to keep a nuisance free, healthy and safe environment for the village residents and all who visit the area.

Section 2 – Authority

This Local Law is enacted pursuant to the provisions of Section 124 of Article 7 of the NYS Agriculture and Markets Law.  The enforcement of these laws shall fall on the responsibility of the Animal Control Officer appointed by the Village of Stamford Board of Trustees.

Section 3 – All Dog Breeds

It shall be unlawful for an owner of any dog to allow or permit such dog to:

  • Run at large unless the dog is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of this Local law, any service dog/dogs and other dog/dogs in training accompanied by handlers shall be considered accompanied by its/their owner.
  • Be permitted in any of the streets or public places of the Village of Stamford unless it is effectively restrained by a chain or leash not exceeding six (6) feet in length and is attended by a person of adequate strength to control its actions.
  • A female dog, when in heat, should not be off the owners premises, unrestrained by a leash.
  • Attack any person peaceably conducting himself in any place where such a person may lawfully be, or attack, chase or worry or kill any domestic animal, or any cat or dog, while such animal is in any place where it may lawfully be.
  • Engage in habitual and loud howling, barking, crying, or whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
  • Cause damage to property of any person other than the owner of such dog.
  • Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while upon private property without the consent or approval of the owner of said property.
  • Chase, jump upon or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put person in reasonable apprehension of bodily harm while off of the owner’s premises.
  • Defecate on any sidewalk, street, park, public area or private property of another person or on property owned by the Village of Stamford. When walking your dog, you are responsible to remove all feces from any property that is not personally owned by the dog owner.
  • Proper outdoor shelters along with fresh water and food for all dogs must fall under the New York Agriculture and Markets Law Section 353-b.

All dogs, 6 months and older, must be licensed with the correct corresponding Town (Stamford or Harpersfield) Clerk in accordance with New York State Agriculture and Markets Law.

Any dog found running loose through the village will be seized.  An attempt to notify the owner will be made at the address shown on the most recent Village tax roll. . The owner will have from 8AM to 6PM to claim the dog, at which time the Animal Control Officer will take the dog to the Heart of the Catskills or other similarly licensed facility. Any dog owner who is located during this search will be required to provide proof of ownership, dog licensing, and shot records upon request.  The owner may also be subject to the enforcement action in accordance with this local law if the Animal Control Officer determines a violation has occurred.

Section 4 –Feral Cats

A feral cat is a cat that has been born into wildness or has not had human interaction for a significant period of time and is self-sufficient. Under New York Agriculture and Markets Law Section 353-a it is a crime to knowingly harm feral cats. However, any person who feeds or gives care to a stray or feral cat(s), becomes the legal owner of said cat(s) under the law and is therefore responsible to spay or neuter the cat(s).

Section 5 – Wild Animals

No person shall own, have, keep or maintain any wild, exotic, or non-domestic animal or reptile, within the Village, except wild animals allowed by the New York State Department of Environmental Conservation or other State or Federal permitting body, and in accordance with applicable State or Federal regulations and permit conditions, shall be allowed subject to the provisions of this chapter. Any permit required by the State for the keeping of any wild animal must be obtained by the owner and shown to any Animal Control Officer upon demand.

Any complaints or reports involving wild animals within the Village should be directed to a New York State Department of Environmental Conservation Certified Trapper.  See Village Clerk for list of Certified Trappers in our area.

For purposes of this section, the definitions of “wild,” “exotic” or “non-domestic” animals or reptiles shall be those employed by the New York State Department of Environmental Conservation in Article 11 of the Environmental Conservation Law.

Section 6 – Dead Animal Removal

The Animal Control Officer shall not be responsible for the removal of dead animals found on local and state highways.  If a dead animal is found or observed on State Highway 23 (which includes Main St and Harper St.) and State Highway 10 (which includes Hobart Road and Lake St.), the New York State Department of Transportation (NYSDOT) should be contacted and shall be responsible for removal. If a dead animal is found of observed on a Village road, the Village’s Highway Department should be contacted and shall be responsible for removal.

Section 7 – Animals Exposed to Rabies

Any owner or person having charge or being in the possession of any such animal within the Village of Stamford known to have been bitten by an animal exposed to rabies or any wild animal, shall immediately confine such animal so bitten securely, and notify the animal control officer and New York State Public Health.

Section 8 – Penalties

Any person convicted of a violation of this local law shall be liable to a penalty of fifty dollars ($50.00) for the first violation, one hundred dollars ($100.00) for the second violation within five (5) years, and one hundred and fifty dollars ($150.00) for the third violation within five (5) years and for any subsequent violations within a five (5) year period, the fine shall increase by fifty dollars ($50.00) for each violation.  These violations will be upheld with in a local court of law.

Section 9 – Complaints about the Conduct of Animals

Complaint by an Individual: Any person claiming a violation of this law may make a signed, written complaint to the Village of Stamford Animal Control Officer. Such complaint shall specify the objectionable conduct of the animal, the date thereof, damage caused, description of the animal, the name and address of the owner or the person harboring such animal, and pictures if available.

Upon receipt of the written, signed complaint, the Animal Control Officer will investigate the complaint, and if the complaint is found to be credible, the animal control officer will notify the owner of the complaint and investigation results by registered letter.  This will be a warning prior to the first violation.  Failure to accept the letter does not void the notification.

If the problem is not rectified, the animal control officer will issue a violation notice with a ticket for appearance in front of the local justice court.

Complaint by a Public Officer: If the Animal Control Officer or State Officer or any other Village Officer has reported a violation of this law, a violation notice with a ticket for appearance in front of the local justice court will be issued without warning notice. The Animal Control Officer or Code Enforcement Officer as designated by the Village Board may enforce the provisions of this law and the New York State Agriculture and Markets Law.

Section 10 – Liability

No employee of the Village of Stamford shall render himself personally liable for any damage that may accrue to a person’s property as a result of any act required in the discharge of his duties under this Article.

Section 11 – Sever-ability

This local law shall supersede all prior local laws, rules and regulations relative to the control of dogs or other animals within the Village of Stamford, and they shall be, upon effective date of this law, null and void.

Section 12 – Effective Date

This Local Law shall go into effect as soon as it is filed with the Secretary of State.


Public Hearing October 18, 2016 at 6:45PM

Notice is hereby given that a Public Hearing will be held by the Board of Trustees of the Village of Stamford on October 18, 2016 at 6:45 p.m. at the Village Hall, 84 Main Street, Stamford, New York, 12167 to hear all persons interested regarding the proposed changes to the Animal Control Law and for Local Law 5 of 2016 the Lawn and Tree Maintenance Law. These documents are available for inspection at the Village Hall or on the Village Website.


PASSED: Lawn and Tree Maintenance Law

VILLAGE OF STAMFORD
LOCAL LAW NO. 5 OF 2016

BE IT ENACTED by the Village Board of the Village of Stamford as follows:

SECTION 1.              TITLE.

This local law shall be known as the “Village of Stamford Lawn and Tree Maintenance Law”.

SECTION 2.  AUTHORITY; FINDINGS; PURPOSE; AND INTENT

This Local Law is enacted pursuant to §10 of the Municipal Home Rule Law to provide for the health, safety, appearance and general welfare of the public, the residents of the Village of Stamford and the owners of real property located  within the Village of Stamford.

The Village Board finds that properties on which the lawns are not adequately maintained tend to diminish or lessen the appearance thereof or detract from the appearance of adjoining properties which may lead to the progressive deterioration of a neighborhood. In addition, the Board finds that properties on which trees and bushes have been allowed to overhang or otherwise adversely affect public streets or rights-of-ways within the Village can pose a hazard or threat to the public and the residents of the Village of Stamford.

SECTION 3.  APPLICABILITY.

This Local Law applies to all lots, plots or parcels of land on which residential, nonresidential or mixed-use buildings are located, regardless of whether they are vacant, unoccupied or abandoned. In addition, this Local Law applies to all trees and bushes owned by any person or entity other than the Village of Stamford.

The provisions of this Local Law shall supplement the Property and Maintenance Code of New York State. When a provision of this Local Law is found to be inconsistent with any provision of any other local law code or regulation of the Village or State, the provision or requirement which is the more restrictive or which   establishes the higher standard shall prevail.

SECTION 4.  DEFINITIONS.

As used in this local law, the following terms shall have the meanings indicated:

LAWN: Exterior portion of property which includes grass, ground cover, weeds and/or other similar plant growth and vegetation. This term shall not, for purposes of this law, include cultivated flowers and gardens.

OWNER:  The owner of record of a tract, lot, or parcel.

PERSON IN CONTROL: The owner, tenant, occupant, trustee in bankruptcy, referee of foreclosure, real estate broker, managing agent or any other person exercising implied or express control of the premises, to be determined on a case-by-case basis.

SECTION 5 PROPERTY AND LANDSCAPING MAINTENANCE.

The owner, occupant, tenant, operator or person in control, as the case may be, of any property subject to this local law shall maintain his/her lawn trimmed to a height of no greater than ten (10’’) inches.

SECTION 6 TREE MAINTENANCE AND REMOVAL.

  1. The owner, occupant, tenant, operator or person in control, of any tree or bush overhanging or otherwise adversely affecting any public street or right-of-way within the Village shall, at his/her own expense, maintain such tree or bush so that it shall not obstruct the light from any street lamp, create a traffic safety hazard or obstruct or hinder passage on any street or sidewalk.
  1. The owner, occupant, tenant, operator or person in control, shall remove, at his/her own expense, all dead, diseased or dangerous trees or bushes, broken or decayed limbs or branches which constitute a danger to the safety of the public.

SECTION 7 ENFORCEMENT.

  1. Enforcement Official: The Zoning Enforcement Officer is hereby designated to administer and to enforce this local law.
  1. Compliance Orders:
  • The Zoning Enforcement Officer is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any premises in violation of this Local Law. Upon finding that any such condition or activity exists, the Zoning Enforcement Officer shall issue a compliance order
  • The Zoning Enforcement Officer shall cause the compliance order, or a copy thereof, to be served by at least one of the following methods
  • Personal service upon the owner, tenant, occupant, managing agent or person in control of the property or premises;
  • Mailing by registered or certified mail to the owner, tenant, occupant, managing agent or person in control of the property or premises; or
  • Posting a copy of the compliance order upon the front portion of the property or upon the main structure or bush or tree and mailing a copy of such notice by certified or registered mail to the owner of the property at the address shown on the current assessment records of the Village.
  • The compliance order shall:
  • Be in writing;
  • Be dated and signed by the officer;
  • Specify the condition or activity that violates this local With respect to alleged violations of Section 6 above, said notice shall identify the tree or bush and public street or right-of-way that is being adversely affected and provide a basis for the Villages determination that the tree or bush constitutes a hazard to life or property within the Village;
  • Specify the provision or provisions of this local law which is/are violated by the specified condition or activity.
  • Specify that such violation must be corrected or abated within fourteen (14) days of the date of service; and
  • State the appropriate consequence for failure to correct or abate the condition or activity within the specified period of time.
  • The date of service of a compliance order issued pursuant to this section shall be the date of personal service or ten days following the date of mailing, whichever is applicable.
  1. Compliance; Correct ion or Removal by Village.
  • Any owner, tenant, occupant, managing agent or person in control of any property or premises which has been determined to be in violation of the requirements of this Local Law shall cure, abate, correct or remove such violation, when ordered to do so by the Zoning Enforcement Officer, within fourteen (14) days of the service of written notice as provided in Section 7(B) above.
  • In the event that the property owner, tenant, occupant, managing agent or person in control of any such premises shall fail to comply with the compliance order, as set forth in Section 7(B)(1) the Zoning Enforcement Officer shall make an inspection of the property and report his or her findings to the Village Board.
  • The Village Board, after review of the report may take any, or all of the following action(s):
  • Provide authorization to the Zoning Enforcement Officer and/or the Attorney to the Village to institute appropriate legal action in a court of competent seek civil and/or criminal remedies for the violation(s);
  • Take all necessary steps to correct or remove the violation, either by Village of Stamford employees, or by the Village’s designee or agent, including a private contractor to mow or trim the lawn or mow the ground cover, which violate the provisions of this local law.
  • The person in control of the property shall be responsible to reimburse the Village of Stamford for costs and expenses incurred in abatement of the In the event of failure to reimburse the Village for such costs, the following shall apply:
  • The Village may seek recovery of such costs by action venued in a court of appropriate jurisdiction.
  • Alternatively, and at the sole discretion of the Village, a default in reimbursement of costs incurred by the Village may be remedied by charging such sums against the real property which is the subject of the violation, by adding that charge to, and making it a part of the next annual real property tax assessment for the Village. Such charges shall be levied and collected at the same time and in the same manner as Village assessed taxes and shall be paid to the Village, to be applied in reimbursing the fund from which the costs were defrayed for the corrective or abatement action. Prior to charging such assessments, the owner(s) of the real property shall be provided written notice to their last known address of record by certified mail, return receipt requested, of an opportunity to be heard and object before the Village Board to the proposed real property assessment, at a date and time to be designated in the notice, which shall be no less than thirty (30) days after its mailing.
  • The removal or correction of any violation by the Village or its agents shall not operate to excuse such person in control from property maintaining the property or premises as required by this Local Law in the future.

SECTION 8.  SEVER-ABILITY

If any provision of this local law is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Local Law.

SECTION 9.  EFFECTIVE DATE

This Local Law shall become effective immediately upon its filing in the Office of the New York State Department of State.


HYDRANT FLUSHING

The Village Crew will be flushing hydrants on Thursday (9/22) and Friday (9/23) during the night! Thank you!


Get Involved in Your Community

It’s Your Community, It’s Your Regulations, and It’s Your Chance to get involved!

It is not uncommon for local Planning Boards to experience occasional turnover and municipalities are often on the lookout for new volunteers to sit on local review boards such as Planning Boards (PB’s) and Zoning Boards of Appeals (ZBA’s)

Town/Village Planning Boards review applications for a wide range of projects and there is an added benefit to have a similar diversity of experiences and professions on the local review Boards.   Many Boards are fortunate to have a number of individuals who have either retired or have flexible work hours but individuals of all ages and backgrounds can contribute valuable knowledge and input during Planning Board reviews.  Maintaining a diversity of age and occupation also allows for a variety of backgrounds and experiences in each members field of expertise.

Even if the Board is at full-membership, often a town/village will maintain a list of possibly interested individuals to contact if an opening occurs.    Additionally, Planning Board members may feel reluctant to decline another consecutive term if they feel that their absence would create a long-term absence from the Board.

Even the best of intentions don’t always work out.  It is absolutely crucial that board members fulfill their commitment to the town/village by regularly attending each monthly meeting.  Even the most diverse Planning Board is helpless unless a “quorum” or a majority of the Board’s total membership can be maintained.  Without a quorum, the Board cannot conduct business, which can delay applicants until the next month’s meeting.

The Village Planning Board is currently vacant and seeking 5 community members who are interested in serving.  As long as you are 18 years of age and live within the Village of Stamford, you are eligible to serve on the Planning Board.  One meeting a month as required and training will be provided!

Fresh faces are always welcome; we encourage anyone to come to the meetings that may have an interest in getting involved.  Meetings are open to the public, and the best way to get an idea of what goes on at a meeting is to attend.  Contact your local municipal clerk for additional information regarding opportunities in your community.


Rural Fire District Merger Meeting

There will be a joint meeting for the Town of Stamford, Town of Harpersfield, Town of Jefferson, Town of Gilboa, Town of Kortright, Village of Stamford and the Stamford Rural Fire District on June 16th, 2016 held at the Stamford Village Hall at 7PM to discuss the joint merger of the 5 towns and the village into the Rural Fire District. All welcome to attend!


Law Changes in Effect…

Local Law 5 of 2016 to amend Local Law 2 of 1991:

Section 2e –

South Delaware Street – No parking on east side in north bound lane 70 feet from intersection of Main Street. No parking on west side of same street in south bound lane for a distance of 185 feet from intersection of Main Street to the north side.


From the Desk of Tomi Tompkins, Code Enforcement Officer & Building Inspector

Please be advised, under the New York State Building Code Section 101.2, the provisions of this code shall apply to the construction, alternations, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

This means that everyone who is looking to do any kind of work on any building in New York State should have a building permit by law; this includes all roof repairs or replacements.If you have any questions or concerns, please don’t hesitate to call me (offices listed below) in regards to property within the Village of Stamford, Town of Kortright, Town of Stamford or the Town of Davenport.

Note: Please understand that it is my job to enforce this law and whether you believe you should have a permit or not, I strongly advise you to contact me about permits, before you receive a stop work order, a violation notice and a ticket to appear in court (fees and penalties will apply)!


Water Rate Changes on July 1, 2016!

Water Rates for residents who live within the Village of Stamford will see an increase in the water base rate as follows: $42.50 for 5,500 gallons of water. $7.27 per 1,000 gallons over the minimum rate of 5,500 gallons. This will begin on July 1, 2016. Likewise, for anyone who lives outside the Village of Stamford and receives village water, the rates will be as follows: $63.75 for 5,500 gallons of water. $11.59 per 1,000 gallons over the minimum rate of 5,500 gallons.


Meet The New Trustee

My name is Darren Hanway and I have been a resident of the Village of Stamford for the last ten years and have grown to really appreciate our little community. I am married with two children; my wife, Jamison, is a member of the Stamford Village Improvement Association, one of our boys attends school here at Stamford Central School and our other boy attends the School at Springbrook in Oneonta. By profession I am a facilities engineering & maintenance manager. Prior to my current career, I served in the United States Navy for over ten years as a Chief Petty Officer in the Nuclear Field. Since ending my military service and becoming a resident of the Village of Stamford, I have become very involved in the community serving as a member of the Village Planning Board for the last six (6) years, five (5) as Board Chair, a member of the Village Tree Board, a Cub Scout Den Leader and committee member for the recently reformed Stamford Pack 32 and a baseball coach and committee member for Catskill Mountain Little League. The move to the Village Board is an extension of my history of service to my community and I very much look forward to serving you in this new role. ~ DH