OBSERVER Photo by Braden Carmen
Town of Dunkirk Supervisor Priscilla Penfold speaks to a potential Breach of Peace local law to apply to misdemeanor offenders in the town.
Shoplifting continues to be a major concern for businesses across the state, as penalties for such crimes often do not serve as enough of a deterrent. The Town of Dunkirk has its eyes on a local law to give the legal system another tool at its disposal to hold offenders of nonviolent crimes accountable.
The Town of Dunkirk plans to move forward with drafting a local law for “Breach of Peace.” The idea was introduced at a Dunkirk Town Board meeting by Supervisor Priscilla Penfold.
Penfold is a former Town Justice. Her husband, Christopher Penfold, is the current Town Justice for the Town of Dunkirk, as well as a Justice in the Town of Hanover. Christopher Penfold noted that many of the same offenders frequent the Town of Dunkirk Court for petit larceny charges, but the penalties are not stiff enough and oftentimes, charges are dropped or pled down by the District Attorney’s Office.
Priscilla Penfold proposed the idea of a Breach of Peace local law as an option for the District Attorney to offer to offenders as a compromise between heavier charges and a dismissal. As a local law, if fines are collected, the money would go to the Town of Dunkirk. The local law could apply to several other similar misdemeanors, such as trespassing or traffic law violations.
“It’s a small step, and it isn’t going to change the world, but at least it’s of some consequence,” Priscilla Penfold said.
Town Board member Jean Crane added, “I think it’s a good idea. We don’t want to see T.J. Maxx and these other stores leave. That’s what is happening in the bigger cities. … If we can slow it down and try to help, I think it’s a good idea.”
Also of note, through a police protection contract the Town of Dunkirk has with the City of Dunkirk Police, suspects are not permitted to be arrested due to being out of the Dunkirk Police jurisdiction, but suspects may be detained until authorities with jurisdiction arrive.
The Town of Dunkirk Justice Court handled 298 cases in the month of July, including 267 vehicle and traffic cases. The Justice Court’s total revenue for the month of July was $29,102.50. Court Clerk Ashley DuBois resigned on Aug. 2 to take a position in Family Court. The Town’s vacancy was filled by Angela Joy.
The Town Clerk’s office collected a total of $1,486 during the month of July, with more than $1,000 in zoning fees for the month. The Town also received its quarterly disbursement of sales tax from Chautauqua County in the amount of $115,958.94, with 60% allocated to the Town’s General Fund and 40% to the Highway Department.
The Town Board also recently approved the appointments of Rick Mackowiak and Ben Gloss to five-year terms on the Planning Board, along with Mike Bohm as a one-year alternate member to the Zoning Board of Appeals.
Also at a recent meeting, after resident Pete Miller raised concerns with the use of herbicides in the Town, he also expressed hope that the Town will install a welcome sign to the Town of Dunkirk. Multiple members of the Town Board expressed an interest in the matter.
Town resident Jay Warren also raised concerns about a short-term rental property owner he believes is still operating despite the Town’s restriction. Priscilla Penfold stated the concerns would be addressed and Warren’s concerns are “not just being forgotten.”
The next meeting of the Dunkirk Town Board is Tuesday, Sept. 17 at 5:30 p.m. at the Dunkirk Town Hall and Court.