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Butternuts board reviews dog-law changes and recorder request amid legal concerns
Summary
The board discussed proposed updates to Dog Law #1-2010, including verbiage and fee changes and a request from the dog-control officer to buy a recorder; the county representative cautioned that recording without signage may be unlawful.
The Town of Butternuts on June 10 continued review of its Dog Law (No. 1-2010) and considered whether the dog-control officer could use an audio recorder to corroborate barking complaints. Scott (Scot) Lueck said barking complaints are difficult to prosecute because neighbors are "unwilling to press charges" and evidence is hard to provide; he asked for permission to purchase a recorder to capture alleged barking.
County Representative James Powers raised a legal concern, saying he "believes it is not lawful to record without having a sign indicating recording is occurring." Supervisor Bruce Giuda said he would consult the Town Attorney to determine whether using a recorder would violate rights or state law. The board asked the Town Clerk to draft the proposed verbiage and fee changes to Dog Law #1-2010 and scheduled a public hearing for review of the revisions.
The minutes do not record a formal vote on the recorder purchase; they show only that the board directed the Clerk to prepare draft language and that Giuda will seek legal advice. The record does not specify the type of recorder requested, estimated cost, or whether signs would be posted if a recorder were used.
