Riverhead takes up pet-store law amendments, settles URT tax case: Aug. 4 Town Board wrap-up

The Riverhead Town Board on Tuesday opened a public hearing on amendments to the town’s pet-store law, seeking to bring the town code into line with New York’s Puppy Mill Pipeline Law while retaining additional local animal welfare and consumer protection rules.

Town Attorney Erik Howard said the proposed amendments to Chapter 207 of the Town Code are intended to “refine and expand upon” the law Riverhead adopted in October 2021 barring the retail sale of dogs, cats and rabbits unless the animals came from animal shelters, animal control agencies, humane societies or nonprofit rescue groups registered with New York State. The town law took effect in January 2022.

The proposed amendments would align the town code with the state Puppy Mill Pipeline Law, adopted in December 2024, which prohibits retail pet shops from selling, leasing, bartering, auctioning or otherwise transferring ownership of dogs, cats or rabbits. The state law allows pet shops to provide space to a qualifying animal shelter, humane society, animal protective association or nonprofit rescue organization for the purpose of showcasing animals for adoption.

The amendments would also add recordkeeping requirements, including certificates of source, licensing and registration information and complete veterinary records. They would regulate animal enclosures, require regular human contact and observation, impose disease-control and quarantine requirements and prohibit sales of animals in public places or of animals dyed or artificially colored.

Howard said the proposal would also make certain contracts for the sale of dogs, cats or rabbits unenforceable and create a civil cause of action for purchasers.

“If there is any kind of issue with the contract or what they contracted to purchase, they will now have a civil action against the retailer,” Howard said.

The proposal would increase penalties for violations to fines of $500 to $1,500 for a first offense, $1,500 to $3,000 for a second offense and $3,000 to $5,000 for third and subsequent offenses. It would also allow the town to pursue civil enforcement, including penalties of up to $5,000 per day and injunctive relief.

Councilman Ken Rothwell, who sponsored the original Riverhead law, said he wanted to ensure the amendments did not weaken the town’s restrictions.

Rothwell said Riverhead’s original law drew national attention and helped spur action at the state level.

“We had organizations throughout the United States writing to us, going, ‘Wow, Riverhead got it right. You’re taking the first step forward,’” Rothwell said.

Riverhead’s law was controversial and quickly drew two lawsuits by the two pet stores then located in Riverhead Town which sued to challenge the town’s authority to enact it. Enforcement of the law was stayed by court order while the lawsuits proceeded. One of the two cases, brought by the owners of The Puppy Experience in Aquebogue, was withdrawn last August, after the store was shuttered. The other, brought by American Breeders Association dba Sportsman’s Kennels, remains pending. The board did not vote on the pet-store amendments Tuesday. Supervisor Jerry Halpin closed the hearing but said the record would remain open for 10 days for written comments.

United Riverhead Terminal tax assessment lawsuit settlement OK’d

The board voted Tuesday to authorize settlement of tax litigation brought by United Riverhead Terminal Inc. against the town’s Board of Assessors, assessors and Board of Assessment Review.

URT, which owns and operates a fuel oil terminal in Northville and an offshore platform in the Long Island Sound, seeking a 90% reduction in the assessed value of its 12 parcels off Sound Shore Road. URT’s petition, filed in June 21, seeks reduction of tax assessments for the tax years of 2020-2021 through 2025-2026

The resolution did not disclose the terms of the settlement. 

During the comment period on resolutions, Kathy McGraw of Northville questioned a fiscal impact statement saying the settlement would have no fiscal impact.

“Can we, the people of Riverhead, assume then that this settlement does not involve any payments, changes in the tax assessments, costs for the litigation, no fiscal impact to the town of Riverhead?” McGraw asked.

Halpin said the matter would go back on “the chargeback line for the county” and said McGraw could contact the assessor’s office for details. Howard said the town was not paying “out of pocket from the general fund.”

“It operates the same as any other person that wins a tax grievance,” Howard said. “The assessment is corrected, and it’s charged back in the next year.”

When McGraw asked directly if the settlement had no cost to Riverhead, Halpin replied: “It doesn’t have a direct impact on our budget. It has a direct impact on our residents.”

McGraw later asked Howard to disclose the settlement amount, asking, “What is the figure that URT will get back as a result of the erroneous assessment?”

Halpin again referred her to the assessor’s office, saying officials wanted to provide accurate information. Howard declined to estimate the figure.

The remaining board members did not respond to McGraw’s questions or offer any comment before voting to approve the settlement resolution.

The resolution authorizing the settlement said the Riverhead Town Board has reviewed the proposed settlement with the town attorney, the Board of Assessors and special counsel and accepts the settlement proposal. It authorizes the office of the town attorney to enter into the settlement on behalf of the town.

RiverheadLOCAL has filed a records request pursuant to the New York State Freedom of Information Law seeking a copy of the stipulation.

On Tuesday, the Town Board also:

• Approved the site plan and special permit applications of J Petrocelli Town Square for a five-story 94-room hotel on the east side of the town square in Riverhead. See separate story.
• Approved zoning code exemptions for the construction of a new Riverhead Volunteer Ambulance Corps headquarters on Osborn Avenue. See separate story.
• Accepted state road resurfacing aid, including $85,308.52 in POP NY funding and $127,962.78 in PAVE NY funding.
• Ratified a $98,000 street lighting budget adjustment for repairs after a Suffolk County Transit bus crash damaged a traffic control box at Route 58 and Mill Road.
• Ratified a $35,000 Water District capital project budget adjustment for additional grading and stormwater work at the East Wind Drive tank and booster station project in Wading River.
• Accepted a decommissioned fire-hose flag created by artist Sherry Davis for permanent display in Town Hall.
• Accepted $1,320 in anonymous donations to the Recreation Department for youth program supplies.
• Authorized two purchasing employees to attend the 2026 NYSAMPO fall conference.
• Approved several personnel actions, including a detective promotion, a police detective retirement, resignations, terminations and leave/temporary appointment amendments.
• Increased the Wildlife Management Advisory Committee from six to seven members and reset staggered terms.
• Adopted a gender-based violence workplace policy related to state and federal funding eligibility.
• Approved special event permits for the Riverhead Polish Independent Club Polish Festival, Foodie Fest II, Chicken Kidz children’s consignment sale, Sound Stock Music and Vendor Festival, Hallockville Country Fair, Dan’s White Party, Fine Fare Customer Appreciation Day, Waterdrinker Garlic Festival, Home Depot’s plant sale extension, the Veterans Day 5K and Darkside Haunted House.
• Approved a fireworks permit for Riverhead Raceway for Aug. 8, with an Aug. 15 rain date.
• Authorized a NYSDOT utility agreement related to water-main adjustments for drainage work at NY25/Main Road and Laurel Lane.
• Approved an application for up to $30,000 in Justice Court Assistance Program grant funding to scan and convert open traffic tickets from 2000-2022.
• Authorized an application for up to $200,000 in NY KICKS funding for soccer field renovations at Veterans Memorial Park.
• Ratified an application for NYS EFC WIIA funding for Water Main Extension No. 96 in Calverton.
• Set a Sept. 1 public hearing on the proposed increase and improvement of facilities in the Riverhead Ambulance District.
• Set an Aug. 18 public hearing on amendments to the Business PB zoning district.
• Adopted a no-parking restriction on the south side of Sound Avenue from Northville Turnpike east for 1,000 feet.
• Authorized professional services agreements with Sound Engineering for traffic signal design at Osborn Avenue and Harrison Avenue and at South Jamesport Avenue and Railroad Avenue.
• Ratified a license agreement with East Coast Lumberjacks LLC for use of the baseball field at Police Officers Memorial Park.
• Ratified an addendum to the short-term runway use agreement for Race Track Not Street’s 2026 Summer Motorsports Classic.
• Paid bills.