by Kieron Kramer
A public hearing on a revision to the Town of Berlin Dog Law, Local Law #2 of 2010, and on a new Dog Ordinance was held at 7 pm on Thursday, June 13, before the regular Town Board meeting. The hearing was well attended and, although it only lasted 15 minutes, included a wide ranging discussion of dog and dog owner behavior in Berlin.
[private]The revision to the existing dog law is simple. The only change is that Dog Control Officer Doug Goodermote need only board a stray dog for five days instead of 30 days as stipulated in the 2010 law. When Town Attorney Donald Tate arrived at 8:06 pm, just before the vote on the law, he reviewed the law and recommended that the proposed revision of Local Law #2 of 2010 be incorporated in a new law named Local Law #1 of 2013 with a last sentence reading that this law would “take effect 10 days after filing and supersede earlier law.” The Board voted unanimously to adopt Local Law #1 of 2013.
It was the “Ordinance to Enforce Peace and Order, Restrain Dogs and Generally Regulate Dog Owner’s Responsibilities in the Town Of Berlin” that generated questions during the hearing. The Ordinance describes prohibited dog behavior explicitly and promulgates serious consequences for the owner of a dog that violates the terms of the Ordinance.
The Ordinance says, “It shall be unlawful for any owner of or any person harboring any dog, whether licensed or not, in the Town of Berlin to permit or allow such dog to:
• engage in habitual loud howling or barking or to conduct itself in such manner so as to habitually annoy any person other than the owner or person harboring such dog;
• run at large unless the dog is restrained by an adequate leash and not at a time when it was accompanied by its owner or a responsible person able to control it neither by command nor in company of a hunter or hunters;
• uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property not belonging to the owner of such dog;
• chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury;
• habitually chase, run alongside of or bark at motor vehicles while on a public street or highway or upon public or private property other than property of the owner or harborer of said dog, and
• create a nuisance by defecating, urinating or digging on public property or private property other than the property of the said owner.”
If these terms are violated the Town Justice may summon the alleged owner or other person harboring the dog to appear in court. If the summons is disregarded, a warrant for the arrest of the person may be issued.
If convicted, the violator shall be liable to a penalty of not less than $25 nor more than $100 or not more than three days in jail for each violation. If the dog owner or person harboring the dog, does not comply with the Justice’s orders, the dog can be removed from the premises by the Dog Control Officer. Also, any dog found not to be properly licensed may be seized by the Dog Control Officer.
What About Cats?
Sharon Clapp asked about dogs chasing other animals, of which the ordinance makes no mention. Goodermote said that that is covered by the NYS Ag and Markets Law. He was thinking about livestock, which are defined in that law as “domestic animals,” but Clapp was thinking about cats. According to Goodermote, the Ag and Markets Law considers it to be in the nature of dogs to chase cats and the nature of dogs to fight so you can take the case to small claims court but there will be no prosecution unless the losing dog is on a leash or is on its own property. This rubs cat owners the wrong way.
In comments after the hearing Goodermote said that a dog cannot run onto other peoples’ land if not wanted by the property owner. He said that a dog can be shot if it attacks your chickens (a domestic animal) but he advises “that you stick a chicken in the dog’s mouth.”
The issue of how dumb it is not to have one’s dog licensed was discussed during the hearing. If a dog is licensed and is lost Goodermote can tell from the tag and Town Clerk Anne Maxon’s list who the owner is and return the dog. To get a license the dog must have its rabies shot so if it’s tagged and involved in a biting incident the dog can be harbored for ten days in the owner’s home. If the dog has no record of being vaccinated for rabies the dog will be taken away to a kennel for ten days at the owner’s expense. In Berlin this would cost $20 per day.
Unfortunately, it seems that many dogs in Berlin are unlicensed. Pam Gerstel asked, “How many dogs in the valley are licensed?” Berlin Town Supervisor Rob Jaeger answered diplomatically, “We know dogs that are unlicensed.” Goodermote said that he tried to get all the dogs licensed back when Stan Goodermote was Supervisor. “We got about 50% licensed; the owners of the other 50% agreed [to get a license] but didn’t get a license,” he said,
During the regular meeting the Board voted unanimously to adopt the Dog Ordinance. It will take effect ten days after being publicly posted. At Goodermote’s reminding, the Board also agreed to begin the process to renew the kennel contract with him. Board Member John Winn asked, “Did we get a badge for Doug [Goodermote] yet? He didn’t bring it up, but I know it’s eating him.” Jaeger replied that the badge was “on order.”
National Geographic Channel
Code Enforcement Officer Allan Yerton informed the meeting that the National Geographic Channel is looking for a remote location on which to erect a small, 400 sq. ft. cabin on private property and is considering two sites in Berlin. “They like the Town of Berlin a lot,” he said. The two sites in Berlin are the only ones in Rensselaer County that have made the cut, according to Yerton. Representatives from National Geographic have looked at remote sites in Hoosick, Bennington and Williamstown.
Building Permit Delays
Yerton discussed the length of time it takes to issue a building permit. “The days of bringing a plan in and drawing it on a napkin are done,” he said. The permit review process now includes an energy audit of a new structure. The thermal characteristics of windows and the ratio of the windows’ heat loss to the insulation factor in ceilings and walls must be calculated, and the insulation in the ceilings and walls may have to be increased. The load bearing of the roof must also be reviewed; it is dependent on the altitude of the site. For instance, in the valley the live load is 40 lbs. per square foot but high up on Plank Road the live load would be 55 lbs. per square foot because of the increased snowfall at higher altitudes. Yerton wants applicants to know that the delay in issuing a building permit “is probably because of the review process.”
Zoning Clarification
Yerton said that Berlin’s original zoning map is not accurate. Some businesses have been left out by mistake. For instance, the “old Cash Market doesn’t show up as commercial, but it is grandfathered…and there are former doctors’ offices on Main Street that can still be used as commercial/residential,” he said. The maps should be corrected with specific lines of demarcation based on measurements. Planning Board Chair Pam Gerstel said that her Board and the Zoning Board of Appeals are considering a commercial corridor on Route 22 starting from Eagle Energy and going south. “We’ve been working on the 1988 regulations for a year and half, and it is mind boggling,” she said. Jaeger suggested that a setback from the highway at a reasonable distance that can accommodate septic and water might serve as a commercial zone. Yerton replied that it wasn’t so easy because NYS has a right of way along the highway that varies from 33 feet to 200 feet. The State’s right of way is variable because it wanted to obtain enough property right of way to be able to straighten the road or add another lane at various locations, he said.
Speaking of zoning, ZBA Chairman Nicholas Adams said that Roger Benson has begun the process to obtain a variance to operate a mine about midway up Plank Road.
The rest of the report on the Berlin Town Board meeting will appear next week.[/private]