[HISTORY: Adopted by the Town Board of the Town of Van Buren 9-19-2001
by L.L. No. 7-2001. Amendments noted where applicable.]
This chapter is enacted pursuant to the authority of Subparagraph (3)
of Paragraph d of Subdivision 1 of § 10 of the Municipal Home Rule
Law authorizing towns to adopt a local law which amends or supersedes any
provision of the Town Law in relation to the property, affairs or government
of the Town or in relation to any of the other enumerated subject matters
in such § 10, unless there is a state legislative restriction on
such amendment or supersession.
In order to permit the Town of Van Buren to provide effective response
to cases of dog cruelty, neglect or mistreatment within the Town, it is deemed
advantageous by the Town Board of the Town of Van Buren to enact a local law
superseding the provisions contained in Town Law §§ 20 and
39 pertaining to the authorization, qualification and duties of Town constables
in creating the position of Special Constable of the Town of Van Buren.
It is the purpose and intent of this legislation to give the Special
Constable of the Town of Van Buren the authority of a Town constable to investigate
and process cases of cruelty to dogs and to otherwise enforce the provisions
of Article 26 of the Agriculture and Markets Law as said provisions pertain
to dogs within the Town of Van Buren.
There is hereby created the office of Special Constable of the Town
of Van Buren. This office shall be a part-time position. Such Special Constable
of the Town of Van Buren shall serve at the pleasure of the Town Board and
shall have only such powers and authority as are specified in this chapter.
It shall be the sole duty of the Special Constable to enforce the provisions
of Article 26 of the New York Agriculture and Markets Law as such provisions
relate to dogs within the Town of Van Buren. The special constable of the
Town of Van Buren shall have only such powers and authority as are accorded
a constable under the New York Criminal Procedure Law and Article 26 of the
New York Agriculture and Markets Law for the purpose of enforcing the provisions
of said Article 26.
A.
The powers and authority of the special constable of
the Town of Van Buren shall be limited to cases under Article 26 of the Agriculture
and Market Law involving dogs.
B.
The Special Constable of the Town of Van Buren is not
authorized to carry or utilize a firearm in the performance of his/her duties,
and is hereby specifically prohibited from carrying or utilizing a firearm
in the performance of his or her duties.
The holder of the office of Special Constable of the Town of Van Buren
shall also hold the office of Dog Control Officer of the Town of Van Buren.
