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Resident raises constitutional concern over criminal penalties in Keene dog‑control draft
Summary
At the Feb. 18 public hearing, resident Noreen McCarthy said the draft law's criminal penalties could improperly turn private complainants into prosecutors and indicated she would challenge such provisions; the board noted the penalties mirror the 1998 law.
Resident Noreen McCarthy told the Town Board she is "very concerned" about the way the draft Local Law on Comprehensive Dog Control is written, arguing that criminal penalties in the draft could raise constitutional problems and effectively require private citizens to perform prosecutorial functions. "The court can send this person to jail for up to 15 days," McCarthy said while urging that civil penalties would avoid those constitutional issues.
Supervisor Joseph P. Wilson and other board members responded that the draft's penalties are the same as those in the 1998 law and that judges have sentencing guidelines; McCarthy said she would be the first to challenge the law if criminal sanctions remain. The board did not vote; written comments submitted by residents were recorded as on file with the Town Clerk for further review.
