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HomeMy WebLinkAboutTB-05/18/1965Moved by Justice c/ark; seconded by Justice ~athill; ~ RESOLVED:"That General Bills in the amount of $3,911.26; Lighting DiStrict'Bills in the a~oUnt of $3,408.12; Fishezs Island Ferry District Bills in the amount of $16,390.31 and Highway' Bills in the ~mOunt of $4,664.35 he a~d 'the same-' are hereby ordered paid. Vete of Town Board: Ayes-~uperVisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Recess was called at 5:30 P~M. Albert W. Richmend Town-Clerk -M~ETING OF MAY 18, 1965 The Southold Town Board met at the office of the Supervisor, Lester Mi Albertson, at Greenport, N.Y. on May i~8-] 1'965 with the following prese~nt: Supervisor Albert~son; COuncilmen Demarest and valentine; Justices Tuthill. and Clark; Town Attorney Tasker and ~own Clerk aicnmond,. M6ved by Councilman Dem.arest; seconded by Justice Tuthill: RESOLVED: That the next meeting of the Town Board will be-held at the office of the Supervisor, Lester M. Albertson. 16 South Street, GreenP0rt, N.Y. on Monday, June 7, 1965, at 3:00 P.M. ' Vote of Town Board: Ayes-Supervisor Albertspn; Councilmen Demarest ~and valentine; Justices TUthili and Clark. Moved by Councilman Demarest; seconded by Councilman. Valentine; RESOLVED: That the minutes of May 7,~ 1965 be and the~ are hereby approved. ' '~ %~te of Town Board: Ayes-SUPervisor Albertson; ~ounci?~en. Demarest and Valentine; -Justice's Tuthill and Clark. MbVed by Justice Tut~itl; seconded by COuncilman Demare'st; WHEREAS,' Brushes Creek PProperty 'Owners Association, Mattituck, N.Y. applied to the Town Board fOr financial assistance in dredging the entrance of Brushes Creek,~ a town waterway in Mattituck, N.y. NOW, THEREFORE, BE IT RESOLVED: That Supervisor Lester M. Albertson be and he hereby is-authorized to contribute half' of ~he total cost up to but not to exceed the sum Of $475.00 toward the cost o'f dredg- ing the entrance of Brushes Creek, Mattituck, New York. Vote of Town .BO rd: Ayes-Supervisor ~lb~ert~son;' ouncilmen Demarest and valentine; Justices~ ~thill and Clark..'- ~ Moved by Councilman D marest; seconde~d by Councilman Valentine; WHEREAS, carlisle Cochran and Stanley Droskoski have served Town of Sou~ old as' Police Patrolmen for a period of one year; NOW, THEREFORE, BE IT RESOLVED: That the salaries of ~arlisle CO~chran and Stanley Droskoski ~e an~d hereby are ~increased from $6100. to $6300. per~ year, effective as of May 29, 1965. ' Vote ~0f Town Board: Ayes-Supervisor ~lbertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark~ -~ ' Moved by Justice Tuthill; seconded 'by CoUncilman Demarest; WHEREAS, a petition was received f~om Anna E. Hansen reqUesting a change of zone of' certain property in Mattituck, N.Y: deSCribed 'in said petition from ~A" Residential 'and Agriculural District to "B-2" Business District, ' NOW, THEREFORE, BE IT R~SOLVED: That 'the Town clerk of the Town of Southold b~e and he hereby is d~mected to transmit this application to the Planning Board in accOrdance with' section 901, Subdivision C of Article IX Of the Building. Zone Ordinance of the Town of Southold. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Justice clark; seconded by Justice TUth!ll; RESOLVED:-That supervisor Lester M. Albertson'b~ and h_e hereby is' authorized to gr~nt permission to the S0ut~61d~FiShing StatiOh hold a boating event 'on-July ~'~ 1965. · Vote of, ToWn .Board: 'AyeS-SUp~rv'i~°r Albe~r{son~ Councilmen Demar~'st~ and '~aientine~ J~stices~ Tut~itl and Clark. Moved by Justice Tuthill;~ s~c0nded b~-~0uncilma~ valentine; RESOLVED: That the Southold TOWn Board will accept a Bond of $.35,000 as recommended by the Southold Town Pl~r~ning~ B6ard f6~ the completion of roads in the subdi%¢is~n "MATTITUCK ESTATES", owned by Mattituck Estate~ Inc. ~Vote of Town Board: Ayes-Supervisor Albertson; COuncilmen Demarest and Valentine; Justices Tuthill and clark. Moved by Justice Tuthill; seconded by Justice clark; WHEREAS,' John ~J. Klein, S~. has applied to the Town Board' for a single trailer' renewal permit ~da~ed May ,° 1~65~, '- " NC~, THEREFORE, BE IT' RES0LVED.~ That the application' of John ~J.- Kl-ein, Sr. to' locate a single trailer on his property on Main' Road,~Ma~ti~Uck, N.Y. be and hereby is granted for a six month period from June-22~' '65. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill~ and Clark. ' A~ 3:~0 P~M, in accordance-with notice~ published according ~co iaw, bids were opened Tor proposa, ls for' furnishing the Town. of s°Uthol~- one (-i) new 1965 Travel Van (or e~F'~al)- for the-use, by the Assess0zs. Only one bid was submitted: -Tryac Trucking Equipment C9~==$3239.6~ Moved by' COuncilman"valentine; seconded' by 'Councilman Demarest; W~RREAS; the Board reported that' the lowest ~and' only bidon 'th-e Travel Van (or equal) was submitted by Tryac Trucking Equipment 'C~,, NC~, THEREFORE, BE IT RESOLVED: That ~ester M.~ Albertson be'. and he hereby is directed to ente~ into a contract' with Tryac~'Trucking Equipment Co, for the p~rchase of one (1) new Travel Van (or Equal) at a cost of $3239.60] to] be delivered to~th~-Town of Sou~hold. Vote Of 'Town Board:'Ayes-Supervisor Albertson; CCUncilmen' Demarest and Valentine; justices-Tuthill and Clark. ' Moved' by J~stice clark; secoaded by councilman 'Valentine; WHEREAS, the Bond NO, S-571120 was issued-by 'the.Aetna Ins ~urance Company in the name 'of Harol~d Reese Sr. and Frederick Reese of 855;~ sunrise HighWay; Lynbro~k, ~N.'y. in' the' sum of $25;000, and WHEREAs, the said ~principalS have' made application -to the Sou~ oid]~ TOWn PlaD_ning Board, Sout~old, N.Y. for the approval 0'f"aXP~at known as HARBOR LIGHTS ESTATES, Suffolk, New York, and WHEREAS~" Southold P~anning 'BOard has granted approval .of the. afore- mentioned Plat subject to th-e- filing of the' Eond,' ' NOW, THEREFORE, B~ IT RESOLVED: That ~he condition of this obligation is such that'if the Said principal shall, during the period begiPn%ing on the ~10th day 'of May, 1965 'and ending the 10th day 'of'May 1966, well and truly k~ep and in_ every 'reSPect comply with and conform the provisions-of the TOWn Law' and the~subdivision regulations of the Southold Planning Boar~-and make or cause to be made-the 'improve ments on the streets and or, her facilities required by the Southold Town Planning 'Board a~' shall pay, make good 'and 'reimb&arse the ~bligee 'for all loss an'd .damage which it may sustain ~y3 reas~0n of fail~re on the part Of the principals to' complete the improvements and facilities-on 'the-streets, then this 'obligation-is otherwise to remain in full force and effect, and be-it further RESOLVED: That the same is. hereby approveld as to its 'fOrm, z~mann~r of execution and sufficiency 'of suret-ies ~therein. VOte of T=wn Board= Ayes-Supervisor Albertson~ Councilmen and Valentine; Justices TuthilI' and Clark'. - Moved by Justice clark; seconded by Justice Tuthitl; · T n WHEREAS, South~old/P~ning Board has prepared an official ~gport and recommendation upon the petitions of Della Chew, Th,omas Jurzenia, Wood/~ollows Properties Inc. and William J. Baxter Jr. and others for 'a change~of zone from "A" Residential and Agricultumal Dis,trict to "B-2'~- Business District NOW,, THEREFORE,~. BE IT RESOLVED: That a public hearing .~ill be held by the Southold Town-Board at th~ Supervisor;s Office~ ~16 South Street,-Greenport, N.Y. on June 17, 1965 a~ 7:30 P.M. on the above mentioned petitions .and th,at the Town Clerk be and he hereby is authorized and directed to cause a notice of said hea~ing to be published in the .Suffolk Weekly .Times ~pursuant to '~the reqttirements of law. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved .by Justice Clark; seconded~ by.Councilman Demarest;_ WHEREAS, Southold Town Planning Board has prepared an official report and recommendation upon the petition of Vina Baker and George VanBuren for a change of zone. from ."A" Residential .and Agriculural District to "B-2~ Business District, NOW, ~THEREF~ORE,~ BE IT RESOLVER.- That ,a public .hearing will be held by ~the~ Southold Town Board at the Superviso=~'s ,Office, 16 South St. Greenport, N,Y. on June 11, 1965 at .7:30 P.~. on ~the abov, e mentioned petiLtion and that the T~own Clerk .be and~ he.hereby is authorized. and directed to cause a notice of said hearing_to,be published in the' Suffolk ~eekly Times pursuant to the~ requirements of Jlaw. . Vote of TOWn Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; .Justices Tuthill and Clark. Moved~ by CoUncilman Demarest; seconded_ by Councilman Valentine RESOLVED~: That the Town .clerk .be and he hereby is directed to_'request the Long Island. Lighting'Company to,install one (1) .~00 WMV.street. light a-nd pole in the South. old Parking Area across, from the Southold Post Office in the-~Southold Light District after consulting with Supervisor~Albertson as to the .location of same Vote of Town Board:'~Ayes-Supervisor Albertson; .Councilmen_~Demarest and Valentine; Justices Tuthii1 ~and Clark.._ Moved by Councilman Demarest; seconded WHEREAS, the Contingent Fund Full Town in the Annual Budget for the current, year is. $15,000, and WHEREAS, of such appropriation $13,000.remains unexpended to. date, NOW, ~THEREFORE, BE.IT RESOLVED:. That $1800. of said unexpended~_ balance be and.the same.ds transferred to Traffic. Signals-Full,Town and~ that the amount her~etofore.'Lappropriated _for said purpqse.be and the same.is~bereby, increasLed.Lin the amount .. mentioned . Vote of Town Board: Ayes-Supervisor Albertson;- Councilmen Demares~ and valentine; Justices Tuthill and Clark. Moved by Justice Clark; seconded by Councilman Demarest; WHEREAS, ~the TOWn Board~.~desires to amend .the Southold Town Ordinance ~Prohibiting and ,Regulating the Disposal of. Garbage and Rubbi~, NOW,. THEREFORE, BE IT~'RESOLVED, that a .public hearing he, held by the Town Board of the Town 'of Southold_Lat the Supervisor's Office, 16 South Street, Greenport, N.Y. on the llth day of June, 1965, at 7:30 P.M. o'clock, on the matter'~of the amendment of the following Ordinance, to wit:-- THE-~SOUTHOLD .TOWI~ ORDINANCE. PROHIBITING AND REGULATING THE DISPOSAL OF,~4~RBAGE AND RUBBISH~ .adopted by.'the Town_Board of ..the Town of Southold~'.on March ,23, 19~8, is hereby_ . amended to read as follows:- SECTION I. Definitions. Words an~ terms, used in this Ordinance ~shail have the ~oll6Wing meanings: -.. (a) -The-term "person" -shall mean an individual, .an a~sociation, a part_nership, a ~corporation. ~'~(b) .The. term. ',refuse" shall mean any animal or vegetable-refuse, offal, swill, garbage, papers, ashes, junk, t~ash, rubbish,.waste of whatever material .composed, discarded machinery or parers thereof,. discarded vehicles~_or pa~.ts_'thereof, and an ._unlicensed motor vehicle parked, stored or _standing outsid~ an enclose~ building in an ,inopr erative condition for more-_than thirty (30) ~days (c) The term~'"attendant" shall mean any .employee of the TOwn o4 Southold placed in charge of a Town refuse disposal area u~der the direction of_ the Town Board (d) The term "refuse disposal area" shall mean any permises designated by_the Town Board as the refuse disposal area of this ~Town for the diSposal, of refuse by the residents- of this Town. SECTION II. Dumping Prohibited Generally No ~person_Shall Collect, rstore, accumulate, throw, cast, deposit'.~or dispose .of, Or cause or permit to. be collected,:.-stored, acc~lated, thrown, cast,.~ deposited or disposed of, ~n~ ~r~f~se.upon any premises ~or any st~eet, highway, sidewalk, or ~pub.lic place ~!tLh- in the Town.of SouthOld, except when authorized by the.Town Board. Nothing .contained ~.her~ shall be ~ construed to preveDt the ~temporary accumulation of~.'refuse by a '_resident of the Town upon premises occupied by him to the extent, that such_'accumulat~on is ordinary and necessary for his personal household requirements, nor to prevent the disposal.of ref~e at any refuse.disposal' area ma~lntained-~or ~authorized by the. ~T~wn of Southold, nor to_prevent the~proper use or,receptacles placed upon the. S~reets or other~public placea.in the Town 'of Southold~ for the~ depositing~ of refuse, nor tO engage in secondhand j~unk' and. auto parts_ activities and _businesses whe~n_~a license therefor has ~been obtained pursuant_to the provisionsi~of~. the Southold Town .~rdinance'.licensing and regulating~ secondhand junk and auto parts activities.and, businesses SECTION III.- TOWn. Refuse Disposal Area~.~ No person shall deposit or cause t~ be deposited _in or any refuse disposal, area maintained by the Town.of Southold ~ny substance of any kind except in the. areas designated ~_n~ under,.the direction~ of.'_thelattendant i~ charge, whether such direction is given personally, or by/another person b~ his '~authority~ or. by a. sign;.or. signs erected..inL~he refu'se disposal area', by.' the. authority of the Town Board or such. attendant-. SECTION IV. Conveyance and Transportation of Refuse. ~No-person shall convey or transpmrt refuse through.t~e<'streets or public places of the Town of Southold~in. any.cart, wag0n,.~vehi¢le, or by any other means unless adequate ,care is taken tQ prevent spilling of~refuse in such streets~ and public places. _~ . SECTION V. Violation of~ Ordinance.. (a) Any person violating any of the provisions of this Ordin- ance shall be deemed to have committed an offense against such Ordin- ance, · and also~ shall be liable for .any such ~violation and the7 p~tY therefor. Each day.such vi~lation shall/~continue or be permlt.ted~t exist will constitute a separate violation. (b) For every violation of any provision~of this Ordinance, the person .-violating the same shall-be-~subje~ct to a fine-of not more than One Hundred Dollars ($100.00) or imprisonment not exceeding thirty (30) days, or by.both such fine and. imprisonment. (c) Any person.violating this-Ordinance..shall._be subject to a ~ivil penalty enforceable and collectible by-the.~Town in.' the'~amount of One Hundred Dollars ($100.00) for each such offense. Such penalty shallrbe collectible by and in the name of the Town.for each 'day that Such~violat-ion shall continue ..... SECTION VI. Saving Clause. If any clause, sentence, paragraph, secbion or part of this Ordinance shall, be adjudge, d by any ~Court of competent jurisdiction ~to'be.:invalid, such judgment.~ shall .not affect,, impair__ or ~ invalidate~ ~he 'remainder thereof~,_but shall.be confined in its operation to the clause, sentence, paragraph~-section or part thereof directly involved ~ the ,., contr over sy in which such ,judgment shall have been rendered. SECTION VII. Effective Date. . This Ordinance shall take.effect .immediately IT IS FURTheR RESOLVED, that the TOWn clerk of_':the 'Town of Southold give notice of such hearing pursuant to the applicable provisi~s of law. Vot~ of,Town ~oard: Ayes~Supervisor Albertson; ouncmlmen Demarest and Valentine-;. Justices~ Tuthill and.~Clark, "- ~ ~ _ ...' Moved by/Justice clark; seconded by Councilman Demarest; WHEREAS, this Board deems it in .the best interests of the:.Town of~ Southold: and the inhabitants thereof that an Ordinance be enacted .by this Board .to provide for the licensing and regulating of'secondhand, junk and~auto parts~activities and businesses, : N(~, THEP~EFORE, BE IT RESOLVED: That a public hearing will be.~hetd by the Town~.:Board of..the Town of Southotd at the supervisor~'s Offic$, 16 South Street, Greenport, New York, on the: llth ~da~<of: June., '1965, at 7:30 P.M. o'clock, on the matter of the enac~tment of.' the follow-_ lng Ordinance, to wit:.~ ...... ~_ -- . ~' ~ ~ ._ -- AN ORDINANCE LICENSING AND REGULATING SECOnd)HAND, JUNK AND AUTO '~ PARTS -ACTIVITIES ..~- . , AND BUSINESS, ~ - Legislative Intent. By. the adoption of this~Ordinance, the TOWn Board' of the Town _of~ Southold declares its intent in so doing to be to-regulate., an_d license the activities, or businesses'known as aut.o "gr_a~eyards", junk yards ar~ 'secondhand parts collection a~.~_eas. S~i-d Town.. Board herebyldeclares that such activities or businesses 'can constitute a hazard to property.and persons, and a public nuisa, nce. Such materials may be .highly inflammable and sometimes explosive. Gas. o.lin, e tanks on old, autos often contain in some q~an~ity combustible g~soline; the engi~e-~and other ~parts of such autoS, are f~e~uent!y co~ered with grease and oil Whic~ is also in. flammabl, e. The ti~es, plastic seats, tops and other ~elements of Such autos ar~. also inf!ammable~ Batteries and other elements Qf-such autos~ can contain acids and other matter, potentially harmful~to h.umans. These autos ~requently contain sharp'metal.or glass edgesLor points .upon which a-human could_-Lreceiv~ seriousLc~uts and abrasions. These/autos can cQnstitute attractive nuisances t~_':children and. '.s. The.. prese_nce of such junk~.yards even in areas :ss or industry is unsightlY and tends-%Q, detra, ct from value of-surrounding, l~nd and property unless ~uch. areas are pr0per, ty maintained an~ operated .... SECTION I. SECTION II. Definitions. As used in this Ordinance. (a) The term~ "person" .shall mean .a~ individual,- an. association, a partnership_, a corporation (b) The.term "au%o." shall mean: passenger auto, truck, tractor- truck, trailer, bus, motorcycle or other-~ehicle,_~however:proPelled; as well as tractors, bulldozers, machinery and equipment. SECTION III. License Required. No perso~shatl-'eng~ge in_or, conduct on'.real property/within.the.~- Town of.~Southotd either fOr'.him~elf..or, for ~d on. behalf, of..a~y ~ . other pefsondlrectly or_ indirectly.as agent, employee or otherwise~ any.activity or business eitherlfor pzofit, or otherwise~ atwhole-.~ sale or retail, which involves the collection,~ storage, b~nin~, dumping, disassembling, dismantling, salvaging, sorting or other- wise handling or arranging for sale, resale., storage or disposal... or otherwise of bodies, engines, or parts of autos, without first obtaining a license therefor.as hereinafter~provided · ECTION IV. -ApPlication--for.License~, ~.. ,-. ~-.-:. Each applicant for a license hereunder shall execute under oath an application therefor to be-supplied to..himby the~TOW~ Clerk,-.wh~Ch shall contain the following~informatiOn: That'-~the~applican~· is~Over twenty-one (21) years of age, that he is a citizen of the United States, whether he has ever been convicted:'of a'.~felony.~or, misdemeanor and such other facts.or-evidence as.is.deemed necessary to:establish that he is a person fit and~caP~ble-.of'properly conducting ~the. activ- ,ity or business for.,-which, the license, issought7 a d~scriptiOn of the exact type of business heintends to conduct, the na~e of the materials he-~intends to handle; the number of._employees.-~he .in~en~s ,to-~engage;. and the name and address of th-e owneror ?owners~f the land. and the nature of.the, right of occupancy of~'~e,appii~an~.' to - the Use of Such ls_nd~ ...... At the time of making the application the applicant shall;su~mit to.- and file with the Town Clerk a map or plan of the real property upon which he intends to conduct the activity ~rbusiness for which he is making application for a license hereunde~.wi~h~he~area of such real property which it is proposed to use for such purpose, the location of the fence required t~reunder indicated thereon as well as the location of any buildings on such la~d and-~the.location off,ny stlr~ets abutting or passing through such lsnd and the location of any water, sewer or-gas mains or-~laterals availabte..thereto as well,as '~hegen- eral'.drainage pattern of such~.land, - ......... ::~ In the application the applicant, shall agree-~at~if grantedthe li~- encee.applied for, he will conduct-~the activity~ or business p~.sua~t to the-regulations hereinafter set forth and that upon his~failu~e to do so, such license may be revoked forthwith. '-: A person presently~engaged in or. conducting an activity .or business such~i, as-.described.~rein on =eal-.property within the Town of .SoUthold ~ust~apply for a license~herefor, Within.'thirty~ ~30).days of,the~.. adoption~of~thisOrdinance,,, tf~the~place where he conducts~such activity~or~businesspresently complies with the requireme~ts~'a-- .person must.meet to secure a license 'in the first'instance, he shall be issued a.~license therefor ifhe meet's the'other~requi~e- ments contained herein.iI~f~e.~lace where he conducts such activity or-~Siness' does~not presently comply withthe requirements a, person must-~meet~to secure.~a license'in the~first-instance,~.he.maY-~be'igrant- ed a-~temporary lic~nse~for one .~(1) year,..dur~ing which yearihe~muSt ar~aRqe %~e place where he~cond~Cts'-Such activity or'business so~i~'' that it does then comply with the requirements a person must meet. to secure a license in the first instance. If at the end of such year such person has not so arranged his place of such activity or bus- iness he shall forthwith cease and desist engaging in or conducting the same and shall remove from such place any autos, parts or other materials of the nature described herein. If the person conducting such activity or business is not the sole-owner thereof, he shall-state such fact at the time he applies fo_r his"termorary license and the Town Clerk at the time of issuing~ such temporary license' shall, send the owners or each of them a notice of the issuance of such temp'orary license-to such persoh tOgether With a copy of this Ordinance. -- SECTION V. The License. 'The fee~'for the license iS'h~reby-fiXed in the'sum of $25.00, WhiCh sum covers not ~nly the cost of'issuing th~ license itself but a~so the cost of making-'the necessary inspections of the premises to ascertain compliance with the r~gulations hereinafter prescribed.'- Such license--shall be placed and at all times displayed in a conspicuous place at the-licensee's pla'Ce Of activity or business~for which it is issued. Such license shall be effective from the date of its issuance untit-~the 31st day of December of the year of such issuance'after which a new application-for license must be made yearly iflicensee desires to continue such activity.or business. Such license is personal with the licensee. It does not go with the title to the land nor may it be sold, assigned, ~transferred or disposed of. ~ Such license may be revoked by the Town Board after a public hearing thereon at which the licensee shall have an opportunity to be heard. Upon revocat-ion of a'license the TOWn Board may require the removal of autos, parts and materials left as ~hove Provided the~ case' of an ~pplicant -for a temporary license who fails to 'qualify for ~a license. In'the event that an applicant for a license as provided-herein shall have previously been duly issued a Valid and effective Junk Dealer's License by the Supervisor-of this Town, pursuant to the pro- visions of Article 6 of the New York State General Business Law, then such applicant shall be entitled to and allowed a credit'~gainst the above provided license fee-in the amount of $5.00; such JUnk Dealer's License. fee actually paid by such applicant; otherwise, this ordinance shall be fully binding upon and applicable to theho!der of any such Junk Dealer's License. SECTION V~. Regulations.-' (a) The licenseemust-personally manage or-bF respons,ible for the management of the-activity or business for which the license is ~ranted. (b) The-licenseemust maintain an office and a Sufficient number of employees-on the premises to assure the-proper and Safe conduct of such activity or business, to minimize the fire hazard therefrom and to prevent improper trespass t~ereon by children and others. (c) The licensee must erect and maintain a six foot (6') wire fence of close mush or one made of wood-or of other material, adequate to-prohibit the entrance of-children and others into-the area of the activity or business and to contain within such fence the materials dealt in by the licensee, and if such area abuts a residential area or public street or highway such fence shaltbe twenty-five feet (25') from the boundary line thereof. Ail the materials dealt in by the liCensee shall be kept within-such fence at al~ times. ~(d)1 Inside and .adjacent-to and contiguous with such fence a of land at'least ten feet (10') in width shall be kept ~free of all dr~ grass or Other growth or~ther combustible~material so as to provide a firelane°r- line around 'the 'entire area where-the ,activity or busin~!J ess of the licensee is being conducted. (~) The autos, parts and materials dealt in~lby the licensee' shall bedlsassembled or dismantled by means 9ther than by burning. They shall be.piled or _arranged %n neat. rows SO as to permit easy, qlear passage through the area. . (f) There shall be maintained at each such place o~ activity or business for~which a license is issued at leas~ one (i)~fire extimguisher of apprOVed design and capacity for each 40,000 square feet of area. Each such fire ex$inguisher shall be hung o~' mounted' in a conspicuous place, clearly marked and available. (g) When the area is not supervised~by the licensee or his employees, the fence shall be locked at a secure gate in a secure ma~ner. (h) Suitable sanitll~y facilities shall be available,, connect- ed t6 apprOVed public sewers or ~eptic tanks~' for the use and'i conven- ience of ~he employees of the licensee as well as the general., public visiting the area. .~ r_~ ~ ~ (i) .The area of the .licensee's activity or business shall not be used as a dum~ area nor as a place for the burning and .disT~ posal of 3unR~ or trash. (j) The Town Police, the Town Clerk or th~ Town.B°ard~0r any of its representatives shall-be granted access to the area_ of~th~ activity or business of the' licensee a~-.al_! reasonab!~e hours to in~ect the same for compliance herewith~. SEC~iON~VII. violation of-Ordinance and offense: ~ Penalties therefor. (a) The owner or licensee' of any S~ch place of ~usiness ,who commit'S~0r ~Permits amy act's in violation of an~ .of'the Provision'S~ ~ ~ of this ~rdinance shall be deemed to have committed an offense against' such Ordinance, and also shai-1 be liable f°r~ an~ such violation or ~ the penalty therefor. Each day such violation shall continue~ or be permitted to 'exist shall constitute a separate violation. (b) For~ ever~ violation &f a~y provision of this. o~dinanc, e the person Violating theY"same shall be subject tb a fine of ncr. mots~ than $100.O0 or imprisonment' not e_xcee-di~g thirty (30)~_days, or ~y both~such fine and imprisonment. (c} Conviction for any above-ment-ioned violation shall con- stit~te and effect ~an-immediate forfeiture of the license. (d) A~y person violating this ordinance Shall b~. subj~ct t6 a civil penalty~enforceable and Collectible by the TOWn in the amount of $100.00 for each such offense. Such penalty ~shall be collectible by and in the a~me of the TOwn for each day that such violation shall continue. (e) In addition to the above-mentioned penalties and l~unish- ment, the Town Board may alsonmaintain an action or proceeding im the name of the TOWn in a Court of competent' j-u~isd~ction t~o compel compliance With or to restrain by injuncti6n the violation 6~ 'such Ordiam~ee. ~.- ~ SECTION ~VIII. Repeal ~ ~all 'Ordinances or regu'lati0~s/heretofore adopted in ¢on~ict with this ordinance are hereby, repealed. ~ .SECTION IX. Saving Clause. ~ If any clause,~'sentence, Paragraph; Section or.part df-thiS~ ordinance shali be adjudg~by any court of competmnt jurisdiction to be invalid, such judgment shall not~ ~affect impair or invalidate the' remainder thereof, but shall be confined in its operation .to t~e clause, sentence, paragraph, section or pa~t-thereof dir~ect!y:' inU v~lved' in the. controversy in 'which such judgment shall have been rendered. SECTION ~X. Effective Date. This Ordinance shall take effect'-ten (10) days after publication--and posting or immediately upon personal service as- provided by Section 133 of the TOWn Law. IT IS FURTHER RESOLVED THAT THE Town clerk of the Town of Southold give notice of such hearing pursuant to the applicable provisions of law. vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest ~ ~7=~~: .T~mtices Tuthill and Clark. Adjournment. AW Richmond.