Dunkirk Police Chief David Ortolano was invited to speak to the Upward Bound program at SUNY Fredonia Monday evening. “It was my pleasure spending the time explaining what the job of a Police Officer is all about and answering questions from a group of very nice young men and women from our communities.” Afterwards, the upward bound students that were criminal justice majors took the photo with Chief Ortolano.
Over the past few weeks we have received a number of reports of vehicles being entered during the overnight hours throughout the City. We want to take this time to remind all City residents, and visitors to the City, to take a minute and make sure their vehicle is locked when you get out. Take all valuables from the vehicle when you leave it. Do not leave anything of value in plain sight.
We would also like to remind residents to call police headquarters if they see someone they don’t recognize in their neighborhood at odd times. It may be nothing but we would rather respond than to let that person do something illegal in any of our neighborhoods.
A City of Dunkirk man was arrested at about 8:00 PM this evening in relation to a burglary that took place on July 7th, 2016 at the Alma Latina Mex Restaurant at 17 Cliffstar Dr. The incident began when Dunkirk Police officers from the 11PM-7AM shift were conducting routine business checks and discovered that a small window had been forced open on the side of the business and loose change was found on the ground outside. Once an employee was reached officer entered the business and searched but no suspect was found inside. Inside the store officers found that the cash register had been forced open and more coins were found on the floor. Employees confirmed that the cash from the register was missing as well as more coins. It appeared that the business’ security video system had also been tampered with.
Over the next several days, officers from all 3 shifts conducted an extensive investigation into the incident and were able to recover the security video footage and identify the lone suspect. The suspect is identified as Carlos Javier Lopez-Rodriguez. An arrest warrant was obtained from Dunkirk City Court Judge Walter Drag and officers began searching for Lopez-Rodriguez.
Just before 8:00 PM this evening, an off-duty patrol officer who had been working on the case spotted the suspect walking southbound on Rt. 60 in the Town of Dunkirk. The officer contact Dunkirk Police Headquarters and the Village of Fredonia Police Department for assistance, then kept watch on the suspect as he continued walking and entered the Walmart Store. Officers from the Dunkirk Police Department and the Fredonia Police Department converged on the store and took the suspect into custody without incident. He is being held in the DPD lockup without bail on charges of Third Degree Burglary, Petit Larceny and Criminal Mischief 4th Degree.
We wanted to provide a resource for you all regarding the Local Law authorizing the sale and use of sparking devices as permitted by New York State Penal Section 405(5)(b). As always, we ask that extreme caution is used when using any type of fireworks. They can be very dangerous when not used properly. We thank you for your cooperation and hope to see you for professional fireworks display on the Fourth of July at dusk.
INTRODUCTORY NO. 4-16 (Print 2)
A LOCAL LAW AUTHORIZING THE SALE AND USE
OF SPARKLING DEVICES AS PERMITTED
BY NEW YORK STATE PENAL LAW SECTION 405(5)(b)
BE IT ENACTED, by the County Legislature of the County of Chautauqua, New York, as follows:
Section 1. Legislative Findings and Intent.
A. On November 21, 2014, Governor Cuomo signed into law Chapter 477 of the Laws of 2014.
B. The aforementioned Chapter law amended the New York State Penal Law, Executive Law and General Business Law placing further restrictions on dangerous fireworks while at the same time recognizing that certain fireworks should not be labeled dangerous when they pose little to no danger to the public.
C. The Governor signed this law in part due to its strong home rule authority, only allowing for certain fireworks to be sold and used in municipalities that affirmatively enact a local law authorizing such action.
D. It is the intent of this Local Law to allow the sale and use of “sparkling devices” in Chautauqua County which will benefit local residents and local businesses.
Section 2. Definitions.
“Sparkling Devices” are defined as follows:
“Sparkling Devices” which are ground-based or hand-held devices that produce a shower of white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects may include a colored flame, an audible crackling effect, an audible whistle effect, and smoke. These devices do not rise into the air, do not fire inserts or projectiles into the air, and do not explode or produce a report (an audible crackling-type effect is not considered to be a report). Ground-based or hand-held devices that produce a cloud of smoke as their sole pyrotechnic effect are also included in this category. Types of devices in this category include:
1. cylindrical fountain: cylindrical tube containing not more than seventy-five grams of pyrotechnic composition that may be contained in a different shaped exterior such as a square, rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. Upon ignition, a shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle to be hand held (handle fountain). When more than one tube is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams, and when tubes are securely attached to a base and the tubes are separated from each other on the base by a distance of at least half an inch (12.7 millimeters), a maximum total weight of five hundred grams of pyrotechnic composition shall be allowed.
2. cone fountain: cardboard or heavy paper cone containing not more than fifty grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams, as is outlined in this subparagraph.
3. wooden sparkler/dipped stick: these devices consist of a wood dowel that has been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks is produced. Sparklers may contain up to one hundred grams of pyrotechnic composition per item.
4. novelties which do not require approval from the United States Department of Transportation and are not regulated as explosives, provided that they are manufactured and packaged as described below:
(a) party popper: small devices with paper or plastic exteriors that are actuated by means of friction (a string or trigger is typically pulled to actuate the device). They frequently resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant paper streamers, confetti, or other novelties and produces a small report. Devices may contain not more than sixteen milligrams (0.25 grains) of explosive composition, which is limited to potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging which contains a maximum of seventy-two devices.
(b) snapper: small, paper-wrapped devices containing not more than one milligram of silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report. Snappers must be in inner packages not to exceed fifty devices each, and the inner packages must contain sawdust or a similar, impact-absorbing material.
Section 3. Authorized Sale and Use of Sparkling Devices
A. Pursuant to Penal Law § 270(3)(b)(v) and Penal Law § 405(5)(b), “sparkling devices” shall be excluded from the definition of “fireworks” and “dangerous fireworks” as those terms are defined by Penal Law § 270(1)(a) and Penal Law § 270(1)(b), respectively.
B. The sale and use of “sparkling devices,” as defined in Penal Law § 270(1)(a)(vi) which is incorporated hereunder, shall be lawful in Chautauqua County provided such sale and use are not in violation of Penal Law § 270 or any rules and regulations thereunder.
C. The sale and use of sparking devices is permitted subject to the following restrictions: 1. The sale of sparkling devices will only be permitted on and between June 1st and July 5th, and December 26th and January 2nd of each calendar year.
2. All distributors, manufacturers and retailers of sparkling devices must be licensed through the New York State Department of State.
3. Only persons 18 years of age or older may purchase sparkling devices.
Section 4. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, or business shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its specific application.
Section 5. Effective Date.
This local law shall take effect immediately upon filing with the Secretary of State.
Emailed: 5/11/16 Adopted by Legislature: 5/25/16 R/C Vote: 17 Yes; 2 Absent
Public Hearing by County Executive: 6/8/16
Adopted as LL 3-16
The first holiday of the summer is upon us and as 4th of July is celebrated the Dunkirk Police Department has a few safety tips that could make your celebration safe and happy.
Fireworks are a traditional part of celebrating 4th of July and can be a safe and enjoyable part of the holiday if left to the professionals. With the exception of the licensed professionals, possession and use of dangerous fireworks are illegal. Use of dangerous fireworks can cause serious injuries especially to children. The Chautauqua County Legislature recently passed a law that allows for the use of sparklers during the July 4th Holiday. We urge parents to supervise their children with the use of sparklers as they can still cause injury if not used properly. New laws enacted in recent years now carry more severe punishment for the possession, furnishing and sale of dangerous fireworks. Selling furnishing or exposing for sale any dangerous fireworks to persons under the age of 18 can now be punishable by a Felony which can carry a sentence in excess of one year in jail. Anyone arrested for just possessing fireworks can be punished by up to a year in jail. Police in neighboring States also pay close attention to New York residents who purchase fireworks and intend to transport them into New York. Anyone who possesses fireworks can turn them into the Dunkirk Police Department without worry of being charged. We have issued a zero tolerance order on arrests related to possession and use of dangerous fireworks. We will have extra patrols in service for the holiday weekend.
Music on the Pier this Thursday will be in Memorial Park due to Fireworks set-up.
The Dunkirk Air Show will take place on Saturday July 2nd and Sunday July 3rd on Lakefront Blvd at 2PM each day. Following the air shows there will be entertainment and food vendors in Memorial Park. Please be aware that traffic will be congested in the area of the Air Show and many streets will be closed or have limited access in the Lakefront Blvd. area. Check the City Website dunkirktoday.com for alternative parking areas and bus shuttles and other details regarding the Air Show and events after the show.
Many activities are planned during the day July 4th such as music and food vendors in Memorial Park. There will be a fireworks display from the City Pier at dusk on July 4th and we invite everyone to come to the waterfront and enjoy the show. The City Pier will be completely closed at 5PM on July 4th with limited access prior to July 4th. If possible please park in the City Parking Lots near Second/Washington and Third/Central and walk to the Waterfront area.
Due to the heavy amount of traffic this helps alleviate traffic congestion.
When leaving the area after the fireworks please use Central Ave., Main St., Brigham Rd., and South Roberts Road as they will provide the quickest routes away from the waterfront area. Many traffic lights will be on flash and there will be Police Officers and Fire police at intersections, please be patient with them and follow their directions. All efforts should be made to avoid Lakeshore Drive as it will have heavy traffic volume during the evening.
Those who will be enjoying the City’s Parks and Beaches are also reminded to obey all of the rules regarding alcohol consumption, no glass containers allowed in any City Park areas, noise, dog restrictions/cleaning up after them and parking regulations. Please keep all dogs on a leash and a safe distance from other people. We also remind pet owners that some animals can be sensitive to loud noises so please make sure to keep an extra eyen on them during July 4th activities. A 4th of July family holiday outing can be ruined by those who disregard the laws and are not courteous.
We remind everyone about bicycle safety rules, all bicycles must follow the rules as if they were operating a motor vehicle, helmets are required for bicyclist under the age of 14. For pedestrians that walk in the roadway, you must walk single file facing traffic and you can’t obstruct traffic.
Also this holiday and as always if you have celebrated to much and can’t safely and responsibly operate your vehicle please don’t. Have a designated driver, find a designated driver, walk or take a taxi. Real friends won’t let someone they love get behind the wheel and operate a vehicle when they know it can’t be done safely. Avoid confronting aggressive drivers and report any unsafe operation to the Police. Please remember to wear a seatbelt and make sure that children are properly secured in a child safety seat, it’s a proven fact that seatbelts and child safety seats save lives.
Please pay attention July 4th weekend and throughout the summer for large crowds along the waterfront areas, during festivals and on weekends. Please slow down and watch for pedestrian traffic.
The 4th of July and entire summer can be a very safe and happy time for everyone if we all are responsible and courteous and have respect for others by following the rules.
We wish all our area residents and visitors a happy and safe summer season.
Chief David Ortolano
City of Dunkirk Police Department
City of Dunkirk Police arrested a City of Dunkirk couple on several drug related charges following an incident at 34 W. 4th St. early Tuesday morning. At around 1:30 AM, Dunkirk Police patrol officers responded to 34 W. 4th St. after an officer spotted Nicholas Bailey through a window. Bailey was wanted on an outstanding Felony Warrant for Criminal Mischief for intentionally damaging property. Officers surrounded the residence and knocked on the door. There was no response but officers were able to see Jenna Matney moving about inside the apartment. Matney was wanted on an outstanding warrant for violation of probation. Officers announced that they would force entry if they did not open the door. When there was still no response, officers forced open a screen door, prompting Jenna Matney to come to the door where she was taken into custody. Officer continued to search the residence and found Nicholas Bailey. He was also taken into custody. While in the residence officers located and seized a significant quantity of cocaine powder that was packaged for street sale, a small amount of marihuana and assorted drug paraphernalia. Both were charged with Criminal Possession of a Controlled Substance in the 3rd Degree (Intent To Sell), which is a Class B Felony. They were also charged with unlawful possession of marihuana. They were taken to Police Headquarters and locked up without bail pending arraignment in Dunkirk City Court.
City of Dunkirk Police arrested an Irving man and a Dunkirk woman early Tuesday morning on multiple charges following an investigation of a suspicious vehicle parked in Wright Park after hours. Shortly after 1:00 AM, a Dunkirk Police patrol officer was making a routine check of the Wright Park area and observed a vehicle sitting in the park after hours. When the officer approached the vehicle, the occupants acted nervous. The female passenger was reluctant to provide her name and date of birth and actually identified herself as another person. Other officers arrived to assist and it was determined that the female passenger was in fact Amber M. Harrison, age 39, of Leming St, Dunkirk, NY, was wanted on several outstanding bench warrant for failing to appear in Dunkirk City Court. When she was removed from the car and placed under arrest, officers observed a makeshift pipe commonly used for smoking crack cocaine. The driver, identified as Darryl W. Devore, age 52, of Main St, Irving, NY, was then removed from the vehicle. Officers removed the pipe and underneath it they located a package containing crack cocaine. Darryl Devore was placed under arrest for Criminal Possession of a Controlled Substance 7th Degree, as was Harrison. Both suspects were transported to Dunkirk Police Headquarters on the misdemeanor charges. At Police Headquarters, Darryl Devore was found to have 2 more packages of crack cocaine concealed in his socks and was charged with Felony counts of Criminal Possession of a Controlled Substance 5th Degree (500 milligrams or more of crack cocaine) and Criminal Possession of a Controlled Substance 3rd Degree (Intent To Sell). A substantial amount of cash was also seized from Devore.
City of Dunkirk Police arrested a Fredonia man and a Sinclairville man early Sunday morning on multiple charges following an investigation of suspicious activity involving a vehicle. Just after 1:00 AM, based on observations of suspicious drug type activity, Dunkirk Police Patrol Officers made a traffic stop of a car on E. Second St. near the intersection of S. Roberts Rd. As the occupants exited the vehicle to be questioned, officers observed drug related items in the car. Further investigation and a thorough search of the vehicle and suspects lead to the seizure of a quantity cocaine powder, a digital drug scale with cocaine residue on it, a spoon with cocaine residue, a crack pipe and other assorted drug related items. Both suspects were transported to Police Headquarters on the below charges.
Dewey was charged with felony fifth-degree criminal possession of a controlled substance, plus three counts of seventh-degree criminal possession of a controlled substance and second-dgree criminally using drug paraphernalia. At Police Heaquarters, John Dewey was found to have a large rock of crack cocaine concealed in his clothing and was additionally charged with a Felony count of Criminal Possession of a Controlled Substance 5th Degree (500 milligrams or more of crack cocaine).
Gray was also charged with three counts of seventh-degree criminal possession of a contreolled substance and second-degree criminally using drug paraphernalia.
Both were held without bail for arraignment.