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HomeMy WebLinkAboutLL 2007 #03 * RECEIVED ,..i01.." STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 FEB 2 1 2007 Southald Town Clerk ELIOT SPITZER GOVERNOR February 13, 2007 Town of South hold Lynda M. Bohn Southold Deputy Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southhold, New York 11971 RE: Town of Southhold, Local Law 1, 2 & 3. 2007, filed on January 26, 2007. Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.nv.us. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DDS.STATE.NY.US . E-MAIL: INFD@DDS.STATE.NY.US SOUTHOLD TOWN BOARD PUBLIC HEARING January 16,2007 7:45PM COUNCILMAN WICKHAM: WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 19th day of December, 2006, a Local Law entitled "A Local Law in relation to Increasinl! the Penalties in the Southold Town Code" and RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of January, 2007 at 7:45 p.m., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Increasinl! the Penalties in the Southold Town Code" reads as follows: LOCAL LAW NO. ~ 2006 A Local Law entitled, "A Local Law in relation to Increasinl! the Penalties in the South old Town Code". BE IT ENACTED by the Town Board of the Town of South old as follows: Section 1. Purpose. The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. Section II. Code Amendments. Boats, Docks and Wharves ~ 96-16. Regulation of personal watercraft and specialty prop-craft. [Added 4-6-1993 by L.L. No. 4-1993] areas or sites. I. All persons operating a personal watercraft or a specialty prop-craft must comply with all applicable provisions of New York State Navigation Law &49 S 96-33. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exeeediHg $250 to exceed five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation~ Burning, Outdoor S 104-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not exeeediHg $250 to exceed five hundred ($500.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Filming S 139-14. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000 $2500, and, in addition, anyone convicted hereunder of not complying with the requirements of S 139-4 and/or S 139-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. Harbor Management S 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. B. For every offense against any of the provisions of this law or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding ~ five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Junkyards 166-8. Penalties for offenses. [Amended 7-31-1973 by 1.1. No. 1-1973] A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this chapter shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. B. For every offense against any provision of this chapter, the person committing the same shall, upon conviction thereof, be subject to a fine ofRet more than $250 not to exceed two thousand five hundred ($2500) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture of the license. D. Any person committing an offense against this chapter shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the Town in the amount of $1 00 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. Littering S 174-7. Penalties for offenses. Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not exceeding $250 to exceed five hundred ($500.) dollars or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Public Entertainment and Special Events S 205-1. Certain entertainment restricted; permit required. D. Applications for approval of any temporary structHres tents under this chapter must be submitted to the Building Department~ Salvaging Centers S 211-6. Penalties for offenses. The permittee who commits or permits the commission of any violation of the permit or of the Town Code shall be deemed to ha'/e committed a violation and shall be liable for any sHch offense or the penalty therefOr anv person committinl! an offense of anv provision of this chapter shall be l!uiltv of a violation, and be subiect to a fine not to exceed two thousand five hundred ($2500.) dollars, or a period of imprisonment not to exceed fifteen (15) days or both such fine and imprisonment. Each day such offense shall continue or be permitted to exist shall constitute a separate an additional offense. Sewers and Sewage Disposal Part I S 215-32. Compliance required; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part 1. [Added 3-22-1988 by L.L. No. 4-1988] B. For each offense against any of the provisions of this Part I or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of a violation an offense punishable by a fine ef.Het exeeeding $500not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within +8-36 months thereafter, such person shall be guilty of a violation punishable by a fine not cxeceding $1,500 to exceed seven thousand five hundred ($7500.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation of this Part I. Part 2 9215-45. Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Part 2 except 9 215-40 shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 shall be fined not more thllfl $100 or imprisoned not more than 30 days or both l!uiltv of an offense punishable bv a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense for the pllfJlose of applyiflg the penalty provided iR this sectiOR. C. Any person who fails to cease and desist violation of this Part 2 upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection. Shellfish 9219-21. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this article, the person committing the same shall be subject to a fine ofllot more thall $250 not to exceed five hundred ($500.) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. A second conviction for an offense against any ofthe provisions of this article within a period of one year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this article. Subdivision of Land 9 240-60. Penalties for Offenses. Any person in A violation of any provision of this chapter shall be l!:uilty of a violation punishable by a fine not CJweedillg that permitted by S 268 ofNe'.\' York State Towll Law to exceed one thousand ($1.000.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment.. Each week's continued violatioll shall eOllstitHte a separate additiollal violatioll. This Local Law shall supercede and suspend those provisions of the Town Law Section 268(1) of the State of New York which pertain to the amount oCthe fines assessed and/or the terms of imprisonment imposed for a violation of this Chapter, or subsequent violations of this Chapter. Taxation 9245-5. Penalties for offenses. Any person that eom'ietion ofhaviIlg made all)' willful knowinl!:ly makes a false statement in tfle-.!!.!!..application for such exemptioll under this chapter, or who knowinl!:ly allows a person to make a false statement in an application under this chapter and which application is filed with the appropriate assessinl!: authority shall be l!:uilty of a violation punishable by a fine of not more than $100 to exceed one thousand ($1000.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. Upon conviction under this chapter, the person shall and shall be disqilalify the applicant or applicants disqualified from further applyinl! for an exemption under this chapter for a period of five years from the date of conviction. Tobacco Advertising 249-6._Injllnctions. Penalties for offenses. Any person in violation of any provision of this chapter is l!uilty of an offense punishable by a fine not to exceed one thousand five hundred ($1500.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. In addition to aIlY other remedy provided by law, the T0',vn may bring an injllncti0n proceeding to enf0ree this chapter:... Tourist and Trailer Camps 9253-19. Penalties for offenses. [Amended 7-31-1973 byL.L. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not eJlCeeding $250 to exceed one thousand ($1000.) dollars or by imprisonment fm a term not exceeding 15 days, m by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, fm each day the offense is continued, a separate and distinct additional offense hereunder. B. In addition to the ab0ve-provided penalties, the Town Board may als0 maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel c0mpliance with or to restrain by injunction the violation of this article. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole m any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary 0f State as provided by law. I have a notice that it has appeared in the local Suffolk Times as a legal and it has also appeared outside on the Town Clerk's bulletin board and I don't believe that there are any further communications on this proposed local law. TOWN ATTORNEY FINNEGAN: I have one amendment on this, Chapter 240 section 60 which is subdivision ofland, that fine should be $1,000 and it reads here as $10,000 but the proposed amendment is $1,000. SUPERVISOR RUSSELL: Would anybody like to come up to the Town Board and address items in this local law? (No response) Hearing none, can I get a motion to close? * * * * * p~a~ ~&th A. Neville Southold Town Clerk r #8206 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 1st day of Februa. rv. 20.0. 7,(' ) ~~ u ,)Uiit{--- Principal Clerk Sworn to before me this 2007 c9 day of rcJJ CJrU/Jhw,,- LoltdV( CHRISTINA VOLlNSKI NOTA~Y PUBLIC-STATE OF NEW YORK ",g.Ol-V06105050 !;hj!jHlI~d In Suffolk County C"ri\ffil.~j"h ~Xl>lres February 28, 2008 LEGALS... From previous page PUBLIC NOTICE NOTICE OF ENACTMENT The Town Board of the Town of Southold, at the January 16.2007 regu- lar Town Board meeting, enacted the following Local Law: LOCAL LAW NO. 3 012007 A Local Law entitled. "A Local Law in relation to Increasing the Penalties in the Southald Town Code." BE IT ENACfED by the Town Board of the Town of Southald as fol- lows: Section 1. Purpose. The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years. they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un- permitted and/or illegal activity and as a punitive response where warranted. Section II. Code Amendments. Boats, Docks and Wharves ~ 96-16. Regulation of personal wa- tercraft and specialty pi'op-craft. [Add- ed 4-6-1993 by L.L. No. 4-1993] I. All persons operating a personal watercraft or a specialty prop-craft must comply with all applicable provisions of New York State Navigation Law H9 ~ 96-33. Compliance required; penal- ties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chap- ter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compli- ance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988) B. For every offense against any of the provisions of this chapter or any reg- ulations made pursuant thereto or fail- ure to comply with a written notice or order of the Bay Constable within the tinie fixed for compliance therewith, the owner, occupant, builder, architect, con- tractor or their agents or any other per- son who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a writ- ten order or notice of the Bay Constable shall, upon conviction thereof. be guilty of a violation. punishable by a fine not to exceed five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's contin- ued offense shall constitute a separate, additional violation. Burning, Outdoor ~ 104-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1- ~ 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a writ- ten notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. R For every offense against any of the provisions of this law or any regula- tions made pursuant thereto or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fme and imprisonment. Each day's cantin. ued offense shall constitute a separate, additional violation. Junkyards 166-8.Penalties for offenses. [Amend- ed 7-31-1973 by L.L. No. 1-1973] A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this chapter shall be deemed to have com- mitted a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. R For every offense against any pro- vision of this chapter, the person com- mitting the same shall, upon conviction thereof. be subject to a fine not to ex- ceed two thousand five hundred ($2500) dollars or imprisonment not exceeding 15 days, or both such fine and imprison- ment. e. Conviction for any above~men- tioned offense shall constitute and effect an immediate forfeiture of the license. D. Any person committing an offense against this chapter shall, upon convic- tion thereof, be subject to a civil penalty enforceable and. collectible by the Town in the amount of $100 for each such of- fense. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. Littering ~ 174-7. Penalties for offenses. Any person committing an offense against any of the provisions of this chapter shall be punished, upon convic- tion, by a fme not to exceed five hun- dred ($500.) dollars or by imprisonment ~~~ ~_~~~..I;_~ 1< ..Ift.~ ~_ l.... I-~.I- ".._1- 3-22-1988 by L.L. No. 4-1988] B. For each offense against any of the provisions of this Part 1 or any regula. tion made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contrac- tor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof. be guilty of an offense punishable by a fine not to ex- ceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a. sec- ond and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed seven thousand five hundred ($7500.) dollars or imprison- ment for a period not to exceed 15 days, or both such fine and imprisonment. e. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent ju- risdiction, to compel compliance with or to restrain any injunction the violation of this Part 1. Part 2 ~ 215-45. Penalties for offenses; dis- connection. A. Any person found to be violating any provision of this Part 2 except ~ 215- 40 shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correc- tion thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 shall be guilty of an offense punishable by a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprison- ment. Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibit- ed wastes or substances into any public sewer shall be deemed to be a separate and additional offense. e. Any person who fails to cease and desist violation of this Part 2 upon no- tification thereof may, after the period of time stated in the notice for correc- tion thereof. be disconnected from the public sewer system. Notice of discon- nection shall be served by the District not less than 10 days prior to the actual disconnection. Shellfish ~219-21. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1- 1973J A. Any person convicted of an of- fense against any provision of this arti- cle shall be deemed to have committed a violation against such article and also _1-_11 1-._ 1:_1-1_ ~__ ___. _.._L _u___+ _~ Law Section 268(1) of the State of New York which pertain to the amount of the fines assessed and/or the terms of im- prisonment imposed for a violation of this Chapter, or subsequent violations of this Chapter. Taxation ~ 245-5. Penalties for offenses. Any person that knowingly makes a false statement in an application under this chapter, or who knowingly allows a person to make a false statement in an application under this chapter and which application is filed with the ap- propriate assessing authority shall be guilty of a violation punishable by a fine of not to exceed one thousand ($1000.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. Upon conviction under this chapter, the person shall be disqual- ified from applying for an exemption under this chapter for a period of five years from the date of conviction. Tobacco Advertising 249-6. Penalties for offenses. Any person in violation of any pro- vision of this chapter is guilty of an of- fense punishable by a fine not to exceed one thousand five hundred ($1500.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. Tourist and Trailer Camps ~ 253-19. Penalties for offenses. [Amended 7-31~1973 by L.L. No. 1- 1973] A. Any person committing an of- fense against any provision of this ar- ticle shall, upon conviction thereof. be guilty of a violation punishable by a fine not to exceed one thousand ($1000.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continua- tion of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and additional offense hereunder. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of compe- tent jurisdiction to compel compliance with or to restrain by injunction the vio- lation of this article. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall he adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. - EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: January 16,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Derk 8206-1T 2/1 . . PUBLIC NOTICE NOTICE OF ENACTMENT The Town Board ofthe Town of South old, at the January 16,2007 regular Town Board meeting, enacted the following Local Law: LOCAL LAW NO. 3 of 2007 A Local Law entitled, "A Local Law in relation to Increasing the Penalties in the Southold Town Code". BE IT ENACTED by the Town Board of the Town of South old as follows: Section I. Purpose. The Town Board has reviewed the penalties associated with violations ofthe Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. Section II. Code Amendments. Boats, Docks and Wharves 9 96-16. Regulation of personal watercraft and specialty prop-craft. [Added 4-6-1993 by 1.1. No. 4-1993] areas or sites. 1. All persons operating a personal watercraft or a specialty prop-craft must comply with all applicable provisions of New York State Navigation Law 949 9 96-33. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by 1.1. No. 3-1988] B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists . . in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Burning, Outdoor 9 104-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed five hundred ($500.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Filming 9 139-14. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $2500, and, in addition, anyone convicted hereunder of not complying with the requirements of 9 139-4 and/or 9 139-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation ofthis chapter. Harbor Management 9157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. B. For every offense against any of the provisions of this law or any regulations made pursuant thereto or failure to comply with a written notice or order ofthe Bay . . Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice ofthe Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Junkyards 166-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this chapter shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. B. For every offense against any provision of this chapter, the person committing the same shall, upon conviction thereof, be subject to a fine not to exceed two thousand five hundred ($2500) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture of the license. D. Any person committing an offense against this chapter shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the Town in the amount of $1 00 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. Littering S 174-7. Penalties for offenses. Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not to exceed five hundred ($500.) dollars or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. . . Public Entertainment and Special Events ~ 205-1. Certain entertainment restricted; permit required. D. Applications for tents under this chapter must be submitted to the Building Departmenh Salvaging Centers ~ 211-6. Penalties for offenses. The permittee who commits or permits the commission of any violation of the permit or any person committing an offense of any provision of this chapter shall be guilty of a violation, and be subject to a fine not to exceed two thousand five hundred ($2500.) dollars, or a period of imprisonment not to exceed fifteen (15) days or both such fine and imprisonment. Each day such offense shall continue or be permitted to exist shall constitute a separate an additional offense. Sewers and Sewage Disposal Part I ~ 215-32. Compliance required; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part I. [Added 3-22-1988 by L.L. No. 4-1988] B. For each offense against any of the provisions of this Part I or any regulation made pursuant thereto or failure to comply with a written notice or order ofthe Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of an offense punishable by a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed seven thousand five hundred ($7500.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation of this Part 1. . . Part 2 S 215-45. Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Part 2 except S 215-40 shall be served by the District with written notice stating the nature ofthe violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 shall be guilty of an offense punishable by a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense. C. Any person who fails to cease and desist violation of this Part 2 upon notification thereof may, after the period oftime stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection. Shellfish S219-21. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this article, the person committing the same shall be subject to a fine not to exceed five hundred ($500.) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. A second conviction for an offense against any of the provisions of this article within a period of one year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name ofthe Town. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against . . this article. Subdivision of Land S 240-60. Penalties for Offenses. Any person in A violation of any provision of this chapter shall be guilty of a violation punishable by a fine not to exceed one thousand ($1,000.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. This Local Law shall supercede and suspend those provisions of the Town Law Section 268(1) of the State of New York which pertain to the amount of the fines assessed and/or the terms of imprisonment imposed for a violation of this Chapter, or subsequent violations of this Chapter. Taxation S 245-5. Penalties for offenses. Any person that knowingly makes a false statement in an application under this chapter, or who knowingly allows a person to make a false statement in an application under this chapter and which application is filed with the appropriate assessing authority shall be guilty ofa violation punishable by a fine of not to exceed one thousand ($1000.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. Upon conviction under this chapter, the person shall be disqualified from applying for an exemption under this chapter for a period of five years from the date of conviction. Tobacco Advertising 249-6. Penalties for offenses. Any person in violation of any provision of this chapter is guilty of an offense punishable by a fine not to exceed one thousand five hundred ($1500.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. Tourist and Trailer Camps S 253-19. Penalties for offenses. [Amended 7-31-1973 by 1.1. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed one thousand ($1000.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and additional offense hereunder. . . B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: January 16,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON FEBRUARY 1, 2007 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Attorney Town Board Members Town Clerk's Bulletin Board . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of~ ~own of South old, ~ew York being duly sworn, says that on the /15 day of 'U~" A 1 ~_ ,2009, she affixed a notice of which the annexed printed notice is a true copy, i a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Notice of Enactment Local Law No.3 of 2007 y:~O~.<4 Elizabeth A. N ille Southold Town lerk LYNDA M. BOHN NOTARY PUBLIC, State of New YorI& No. 01 606020932 Qualified in Suffolk County~ 'nlrm Expires March 8, 204' . . NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET. ALBANY. NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. C~URt:: Gtty Town of '.'illagB SOUTHOLD LOCAL LAW NO. 3 of 2007 A Local Law entitled, "A Local Law in relation to Increasing the Penalties in the Southold Town Code". BE IT ENACTED by the Town Board ofthe Town of Southold as follows: Section 1. Purpose. The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. Section II. Code Amendments. Boats, Docks and Wharves 9 96-16. Regulation of personal watercraft and specialty prop-craft. [Added 4-6-1993 by L.L. No. 4-1993] areas or sites. I. All persons operating a personal watercraft or a specialty prop-craft must comply with all applicable provisions of New York State Navigation Law 949 9 96-33. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, (If additional space is needed, attach pages the same size as this sheet, and number eacb.) DOS-239(Rev.ll/99) . . takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Burning, Outdoor S 104-5. Penalties for offenses. [Amended 7-31-1973 by 1.1. No. 1-1973] Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed five hundred ($500.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Filming S 139-14. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $2500, and, in addition, anyone convicted hereunder of not complying with the requirements of S 139-4 and/or S 139-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. Harbor Management S 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. B. For every offense against any of the provisions of this law or any regulations made pursuant thereto or failure to comply with a written notice or order ofthe Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Junkyards 166-8. Penalties for offenses. [Amended 7-31-1973 by 1.1. No. 1-1973] 2 . . A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this chapter shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. B. For every offense against any provision of this chapter, the person committing the same shall, upon conviction thereof, be subject to a fine not to exceed two thousand five hundred ($2500) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture ofthe license. D. Any person committing an offense against this chapter shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the Town in the amount of $1 00 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. Littering S 174-7. Penalties for offenses. Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not to exceed five hundred ($500.) dollars or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Public Entertainment and Special Events S 205-1. Certain entertainment restricted; permit required. D. Applications for tents under this chapter must be submitted to the Building Departmenh Salvaging Centers S 211-6. Penalties for offenses. The permittee who commits or permits the commission of any violation of the permit or any person committing an offense of any provision of this chapter shall be guilty of a violation, and be subject to a fine not to exceed two thousand five hundred ($2500.) dollars, or a period of imprisonment not to exceed fifteen (15) days or both such fine and imprisonment. Each day such offense shall continue or be permitted to exist shall constitute a separate an additional offense. Sewers and Sewage Disposal Part I S 215-32. Compliance required; penalties for offenses. 3 . . A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part I. [Added 3-22-1988 by L.L. No. 4-1988] B. For each offense against any of the provisions of this Part I or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of an offense punishable by a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed seven thousand five hundred ($7500.) dollars or imprisonment for a period not to exceed IS days, or both such fine and imprisonment. C. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation of this Part 1. Part 2 g 215-45. Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Part 2 except g 215-40 shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 shall be guilty of an offense punishable by a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed IS days, or both such fine and imprisonment. Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense. C. Any person who fails to cease and desist violation of this Part 2 upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection. Shellfish g219-21. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this article, the person committing the same shall be subject to a fine not to exceed five hundred ($500.) dollars or imprisonment not exceeding IS days, or both such fine and imprisonment. 4 . . C. A second conviction for an offense against any of the provisions of this article within a period of one year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this article. Subdivision of Land S 240-60. Penalties for Offenses. Any person in A violation of any provision of this chapter shall be guilty of a violation punishable by a fine not to exceed one thousand ($1,000.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. This Local Law shall supercede and suspend those provisions of the Town Law Section 268(1) of the State of New York which pertain to the amount of the fines assessed and/or the terms of imprisonment imposed for a violation of this Chapter, or subsequent violations ofthis Chapter. Taxation S 245-5. Penalties for offenses. Any person that knowingly makes a false statement in an application under this chapter, or who knowingly allows a person to make a false statement in an application under this chapter and which application is filed with the appropriate assessing authority shall be guilty of a violation punishable by a fine of not to exceed one thousand ($1000.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. Upon conviction under this chapter, the person shall be disqualified from applying for an exemption under this chapter for a period of five years from the date of conviction. Tobacco Advertising 249-6. Penalties for offenses. Any person in violation of any provision of this chapter is guilty of an offense punishable by a fine not to exceed one thousand five hundred ($1500.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. Tourist and Trailer Camps S 253-19. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty ofa violation punishable by a fine not to exceed one thousand ($1000.) dollars or by imprisonment for a term not exceeding IS days, or by both such fine and imprisonment. The continuation of an offense against the 5 pr~visions of this article shall con~te, for each day the offense is continI a separate and additional offense hereunder. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 6 (Complete the certific.n in the paragraph that applies to the _g ofthis local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certifY that the local law annexed hereto, designated as local law No. _3_ of20 J!Z........:. of the (Coun15 )(Ci15 )(Town) ('.'iIlago) of SOUTHOLD was duly passed by the TOWN BOARD on_January 16_, 20 !!1-, in accordance with the applicable provisions of law. 2. (passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer".) I hereby certifY that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(ViIlage) of on disapproval) by the in accordance with the applicable provisions of law. of20 was duly passed by the 20 _, and was (approved)(not approved)(repassed after and was deemed duly adopted on 20_ 3. (Final adoption by referendum.) I hereby certifY that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approvedXrepassed after disapproval) by the on 20. Such local law was subm itted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certifY that the local law annexed hereto, designated as local law No. (County)( City )(T own )(Village) of 20 of the of was duly passed by the on 20, and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , ID accordance with the applicable provisions of law. · Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson ofthe county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 7 . . 5. (City local law concerning Charter revision proposed by petition.) I hereby certity that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a mi!iority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 _, became operative. 6. (County local law concerning adoption of Charter.) I hereby certity that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote ofa majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certity that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) . Clerk of the C legislative body. City. Town or or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: January 22, 2007 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certity that the foregoing local law contain he correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed r to. Signatu Patricia A. Finnegan, Esq wn rney Kieran Corcoran, ESQ., Assistant Town Attornev Title Count) ~ Town of ','iIJftg~ Date: SOUTHOLD January 22, 2007 8 . Town of South old - Letter Board.eeting of January 16,2007 ~~,..,~ ~. RESOLUTION 2007-128 ADOPTED Item # 46 DOC ID: 2545 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-128 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16,2007: WHEREAS there was presented to the Town Board of the Town of South old, Suffolk County, New York, on the 19th day of December, 2006, a Local Law entitled "A Local Law in relation to Increasinl!: the Penalties in the Southold Town Code" and WHEREAS the Town Board of the Town of South old held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and WHEREAS, the proposed action is classified as a Minor Action under Chapter 268 of the Town Code, Waterfront Consistency Review, and is not subject to review under that chapter, now therefore be it RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Increasinl!: the Penalties in the South old Town Code" reads as follows: LOCAL LAW NO. 3 of 2007 A Local Law entitled, "A Local Law in relation to Increasinl!: the Penalties in the Southold Town Code". BE IT ENACTED by the Town Board of the Town of South old as follows: Section I. Purpose. The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. Generated January 17, 2007 Page 69 . Town of Southold - Letter Board.eeting of January 16,2007 Section II. Code Amendments. Boats, Docks and Wharves S 96-16. Regulation of personal watercraft and specialty prop-craft. [Added 4-6-1993 by 1..1.. No. 4-1993] areas or sites. I. All persons operating a personal watercraft or a specialtv prop-craft must complv with all applicable provisions of New York State Navigation Law &49 S 96-33. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions ofthis chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by 1..1.. No. 3-1988] B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 to exceed five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation" Burning, Outdoor S 104-5. Penalties for offenses. [Amended 7-31-1973 by 1..1.. No. 1-1973] Any person committing an offense against any provision ofthis chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not e)(ceeding $250 to exceed five hundred ($500.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Filming S 139-14. Penalties for offenses. Generated January 17,2007 Page 70 Town of Southold - Letter. Boar.eeting of January 16, 2007 A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000 $2500, and, in addition, anyone convicted hereunder of not complying with the requirements of 9 139-4 and/or 9 139-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. Harbor Management 9 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. B. For every offense against any ofthe provisions of this law or any regulations made pursuant thereto or failure to comply with a written notice or order ofthe Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding ~ five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Junkyards 166-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this chapter shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. B. For every offense against any provision of this chapter, the person committing the same shall, upon conviction thereof, be subject to a fine of Rot more than $250 not to exceed two thousand five hundred ($2500) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. Generated January 17,2007 Page 71 Town of Southold - Letter. Board_eting of January 16,2007 C. Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture of the license. D. Any person committing an offense against this chapter shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the Town in the amount of $1 00 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. Littering S 174-7. Penalties for offenses. Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not e)(ceeding $250 to exceed five hundred ($500.) dollars or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Public Entertainment and Special Events S 205-1. Certain entertainment restricted; permit required. D. Applications for approval of allY temporary stmctmes tents under this chapter must be submitted to the Building Department~ Salvaging Centers S 211-6. Penalties for offenses. The permittee who commits or permits the commission of any violation of the permit or ef-the Town Code shall be deemed to have committed a ',iolation and shall be liable for any such off-eflse or the peflalty therefor anv person commi"in!!: an offense of anv provision of this chapter shall be !!:uiltv of a violation. and be subiect to a fine not to exceed two thousand five hundred ($2500.) dollars. or a period of imprisonment not to exceed fifteen (15) days or both such fine and imprisonment. Each day such offense shall continue or be permitted to exist shall constitute a separate an additional offense. Sewers and Sewage Disposal Part 1 Generated January 17,2007 Page 72 Town of Southold - Letter. Board4keting of January 16,2007 S 215-32. Compliance required; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part 1. [Added 3-22-1988 by 1.1. No. 4-1988] B. For each offense against any of the provisions of this Part 1 or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of a violation an offense punishable by a fine eHlet e)(ceeding ~not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within -1-8-36 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 to exceed seven thousand five hundred ($7500.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation ofthis Part 1. Part 2 S 215-45. Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Part 2 except S 215-40 shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 shall be fined not more than $100 or imprisoned not more than 30 days or both l!:uiltv of an offense punishable bv a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense for the ]3\1I130Se of a]l]3lying the ]3enalty ]3rovided in this section. C. Any person who fails to cease and desist violation of this Part 2 upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection. Generated January 17, 2007 Page 73 Town of South old - Letter. BoarAleting of January 16, 2007 Shellfish 9219-21. Penalties for offenses. [Amended 7-31-1973 by 1.1. No. 1-1973] A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this article, the person committing the same shall be subject to a fine of not more Hum $250 not to exceed five hundred ($500.) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. A second conviction for an offense against any ofthe provisions of this article within a period of one year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this article. Subdivision of Land 9 240-60. Penalties for Offenses. Anv person in A violation of anv provision of this chapter shall be e:uiltv of a violation punishable by a fine not e)weeding tllat permitted by ~ 26& of}jew York State TO'.'ffl Law to exceed one thousand ($1.000.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment.. Bacll week's contilllleEi violatioll sllall constitllte a separate additional vielatien. This Local Law shall supercede and suspend those provisions of the Town Law Section 268(1) of the State of New York which pertain to the amount of the fines assessed and/or the terms of imprisonment imposed for a violation of this Chapter. or subsequent violations oHhis Chapter. Taxation 9245-5. Penalties for offenses. Any person that emwietioR afllavillg made allY willflll knowine:lv makes a false statement in the-an application f-er slIell ellemfltion under this chapter. or who knowine:lv allows a person Generated January 17,2007 Page 74 . Town of South old - Letter Boar~eeting of January 16, 2007 to make a false statement in an application under this chapter and which application is filed with the appropriate assessinl! authority shall be l!uiltv of a violation punishable by a fine of not more than $100 to exceed one thousand ($1000.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment. Upon conviction under this chapter. the person shall ami shall be disqualify the apj3lieaHt or applieaHts disqualified from further applvinl! for an exemption under this chapter for a period of five years from the date of conviction. Tobacco Advertising 249-6._Injunetions. Penalties for offenses. Anv person in violation of anv provision of this chapter is l!uiltv of an offense punishable bv a fine not to exceed one thousand five hundred ($1500.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment. In addition to an)' other remedy proviEled by law, the TO'Nfl may bring an injunction pweeeding to enforce this chapter:.. Tourist and Trailer Camps S 253-19. Penalties for offenses. [Amended 7-31-1973 byL.L. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not elweeding $259 to exceed one thousand ($1000.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and E1istinet additional offense hereunder. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. f}trf.I~ClQt,"iV'" Generated January 17,2007 Page 75 Town of Southold - Letter. Boar~eeting of January 16,2007 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated January 17,2007 Page 76 Town of South old - Lette. LL BoAeeting of January 16,2007 RESOLUTION 2007-97 ADOPTED Item # 15 DOC ID: 2513 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-97 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16,2007: RESOLVED that the Town Board of the Town of South old hereby finds that the adoption of the local law entitled "A Local Law in relation to Increasinl!: the Penalties in the South old Town Code" is classified as a Tvpe II Action pursuant to SEQRA Rules and Rel!:ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ~_L~~-'/L.' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated January 17, 2007 Page 21 #8176 RECEIVED Jk:; 1 5 iOJ7 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Soufhold Town Clerk Candice Schott of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weekl'}, ,"'~'.ely, rommeoo;09 DO the 11th d.y 011""''''' 2007 rtYdt'u ;rf~ Principal Clerk Sworn to before me this 2007 l'J- day of C);\ 0v:hul UO(VJ ,U CHRISTINA VOllNSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 0 l-V061 05050 Quolllled In Suffolk County CommissIon Expires February 28. 2006 LEGALS... From previous page LEGAL NOTICE NOTICE OF PUBUC HEARING WHEREAS there has been present- ed to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of December, 2006. a Local Law entitled "A J,oCllll.awinrelation to Increasin. the Penalties in tile Sonthold Town Code" and RESOLVED that the Town Board of the Town of Southold will hold a pub- lic hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16tb day of January, 2007 at 7:45 p.m., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A IAlCIIII..aw in relation to Increasinl' tbe Penalties in tile Soutbold Town Code" reads as follows: LOCAL LAW NO. 200(; A Local Law entitled, "A Local Law in relation to Increasing the Peoalties in tbe Southold Town Code". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Purpose. The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fmes have not been up- dated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un- permitted and/or illegal activity and as a punitive response where warranted. Section n. Code Amendments. Boats, Docks and Wharves ~ 96-16. Regulation of personal wa- tercraft and specialty prop-craft. [Add- ed 4-6-1993 by L.L. No. 4-1993] areas or sites. I. All persons onemtinp a nersonal watercraft or a soecialtv oroo-craft must comolv with all aoplicable nrovisions of New York St.ate Navh..ation Law &49 ~ 96:33. Compliance required; penal- ties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contract.or or their agents or any person to fail to '.. '- _...~~ ~ 139-14. Penalties for offenses. A. Any action by any person, organi- zation,corporation,group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $+;800 SZ5llD, and, in addition, anyone convicted hereunder of not. complying with the requirements of ~ 139-4 and/or ~ 139-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent juris- diction to compel compliance with, or to restrain by injunction the violation of this chapter. Harbor Management ~ 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a writ- ten notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. B. For every offense against any of the provisions of this law or any regula- tions made pursuant thereto or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the com- mission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a viola- tion punishable by a fine not exceed- ing -$%5e five hundred ($500.) doUars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, addi- tional violation.' Junkyards 166-8.Penaltiesforoffenses. [Amend- ed 7-31-1973 by L.L. No.1-1973J A. The owner or licensee of any such place of business who commits or permits the commission of any offense l'lol'linst anv of the provisions of this stitute, for each day the offense is con- tinued, a separate and distinct offense hereunder. Public Entertainment and Special Events ~ 205-1. Certain entertainment re- strict.ed; permit required. D. Applications for dl'(>!6.al of .'1.1\) t'""up~"U] ltU1etttl('J tent.. under tbis ~ must be submitted to the Build- ing Department. Salvaging Centers ~ 211-6. Penalties for offenses. The permittee who commits or per- mits the commission of any violation of the permit or of the 'F3.,1\ CVd... ~1....H be .:tUMc8 ta 1....... w~m:Ux:,d to .:014 t:v.. ....d ,,1...ll b... lWhlc fo! .Miy Jl:Kh of f.;...Ue 01 the pe..I'1dl~ tft.......f.... anvoel'SOn committin2 an offense of anv orovision of this chapter !iball be nUn of a viola- tion. and be subiect to a fine not to ex. ceed two thousand five bundred ($2500.) doDan.. or a oeriod of imorUonmeDt Dot to exceed fifteen (15) dayS or both sum fine aod imoriliOnment. Each day such offense shall continue or be permitted to exist shall constitute a separate iUI....IUIdi:. tiona) offense. Sewers and Sewage Disposal Part. 1 ~ 215-32. Compliance required; pen- alties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, con- tractor or their agents or any other per- son to fail to comply with a written no- tice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part 1. [Added 3-22- 1988 by L.L. No. 4-1988J B. For each offense against any of the provisions of this Part 1 or any regula- tion made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the cart.er, owner, occupant, builder, architect, contrac- tor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply wit.h a wrihen order or not.ice of the Inspector shall, upon a first conviction thereof, be guilty of a violation an offense punishable by a fine ~f mA ...~...w.Llb $SeEl not to exceed five thousand ($..~OOO.\ doUars or imprison- ment for a period not to exceed 15 days, or both. Each day on which such viola- C. Any person who fails to cease and desist violation of this Part 2 upon noti- fication thereof may, after the period of time stated in the notice for correction thereof, be disconnect.ed from the public sewer system. Notice of disconnection shall be served by the District not less 1Ium 10 days prior to the actual discon- nection. Shellfish ~219-21. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1- 1973J A. Any person convicted of an of- fense against any provision of this article shall be deemed to have committed a vi- olation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any pro- vision of this article, tlte person commit- ting the same shall be subject to a fine of 116t Ille.fe. thll:2i $2S8 ..ot to exceed five hundred ($500.) dAII.~ or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. A second conviction for an offense against any of the provisions of this ar- ticle within a period of one year shall constitute and effect an immediate for- feiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to com- pel compliance with or t.o restrain by in- S) junction the offense against this article. X Subdivision of Land Ie ~ 240-60. Penalties for Offenses. Au. oerson in A violation of anv nrovision S of this chapter shall be miltv of a vio- p lation punishable by a fine not. ~ }j' in~ that p....m:U...d h] ~ :268 of trc.. ':olk Slut... 'Iv.... L.:... to exceed teo thomllmd ($10.000.) dollars ora ueriod orincarcer- \: ation not to exceed 15 days or botb !iUch h fine and imprisonment.. Lu...l. ..wl~'~ J conl:........d. .:vlJ.t~u J.h.-.n c6J.Jtittltc a ~~J-'~..).l... J.da~tioMI .i6Iatkm. ~ Law shall sDoercede and susoend those ....nvl"inn" of the Town Law Section ~ 253-19. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1- 1973] A. Any person committing an of- fense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fme not ...~..........,::L~5 $258 to exceed one thouand ($1000.\ doDars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against tbe provisions of this article shall constitute, for each day the offense is continued, a separate and distinet additiooal offense hereunder. B. In addition to the above_pro"'-l_ ed penalties, the Town Board may maintain an action or proceeding in w~ name of the Town in a court of compe- tent jurisdiction to compel compliance with or to restrain by injunction the vio- lation of this article. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of t.his law as a whole or any part thereof other than the part so decided to be unconstitution- al or invalid. lY. EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: December 19,2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OFSOUTHOLD Elizabet.h Neville, Town ( 8176-IT 1111 \\ . LEGAL NOTICE . NOTICE OF PUBLIC HEARING WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 19th day of December, 2006, a Local Law entitled "A Local Law in relation to Increasine: the Penalties in the Southold Town Code" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of January, 2007 at 7:45 p.m., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Increasine: the Penalties in the Southold Town Code" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Increasine: the Penalties in the Southold Town Code". BE IT ENACTED by the Town Board of the Town of South old as follows: Section I. Purpose. The Town Board has reviewed the penalties associated with violations ofthe Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. Section II. Code Amendments. Boats, Docks and Wharves S 96-16. Regulation of personal watercraft and specialty prop-craft. [Added 4-6-1993 by L.L. No. 4-1993] areas or sites. 1. All persons operating a personal watercraft or a specialtv prop-craft must complv with all applicable provisions of New York State Navigation Law &49 S 96-33. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contratr or their agents or any other person w'commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not eJleeediHg $250 to exceed five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation, Burning, Outdoor S 104-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not exeeediHg $250 to exceed five hundred ($500.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions ofthis chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Filming S 139-14. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1 ,QQQ $2500, and, in addition, anyone convicted hereunder of not complying with the requirements of S 139-4 and/or S 139-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. B. Each continuing day of violation ofthis chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. Harbor Management S 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. B. For every offense against any ofthe provisions of this law or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding ~ five hund. ($500.) dollars or by imprisonment f~ period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Junkyards 166-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this chapter shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. B. For every offense against any provision of this chapter, the person committing the same shall, upon conviction thereof, be subject to a fine of not more than $25<l not to exceed two thousand five hundred ($2500) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture of the license. D. Any person committing an offense against this chapter shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the Town in the amount of $1 00 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. Littering S 174-7. Penalties for offenses. Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not exoeeding $250 to exceed five hundred ($500.) dollars or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Public Entertainment and Special Events S 205-1. Certain entertainment restricted; permit required. D. Applications for llflpro'ial of any temporary struetares tents under this chapter must be submitted to the Building Department,- Salvaging Centers S 211-6. penalttfor offenses. . The permittee who commits or permits the commission of any violation of the permit or of the Town Code shall be deemed to have committed a violation and shall be liable for allY SHch offense or the jlenalty therefor anv person committinl!. an offense of anv provision of this chapter shall be l!.uiltv of a violation, and be subiect to a fine not to exceed two thousand five hundred ($2500.) dollars, or a period of imprisonment not to exceed fifteen (15) davs or both such fine and imprisonment. Each day such offense shall continue or be permitted to exist shall constitute a separate an additional offense. Sewers and Sewage Disposal Part I S 215-32. Compliance required; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part 1. [Added 3-22-1988 by 1.1. No. 4-1988] B. For each offense against any ofthe provisions ofthis Part I or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of a violation!!!. offense punishable by a fine ef-Het e){ceeding $500not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within -l-8-36 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 to exceed seven thousand five hundred ($7500.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation of this Part 1. Part 2 S 215-45. Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Part 2 except S 215-40 shall be served by the District with written notice stating the nature ofthe violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision ofthis Part 2 shall be fillea IIOt more tRan $100 or imprisollea IIOt more thall 30 days or both l!.uiltv of an offense punishable bv a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed Itavs. or both such fine and imprison'nt. Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense for the plH")3ose of llflplyiag tHe peaalt)' pfsvieee ia this seetisa. C. Any person who fails to cease and desist violation of this Part 2 upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection. Shellfish 9219-21. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this article, the person committing the same shall be subject to a fine ofaot more thaa $250 not to exceed five hundred ($500.) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. A second conviction for an offense against any of the provisions of this article within a period of one year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this article. Subdivision of Land 9 240-60. Penalties for Offenses. Anv person in A violation of anv provision ofthis chapter shall be e:uiltv of a violation punishable by a fine not elleeediag that permittee by ~ 2ag of New York State Te....'H Law to exceed ten thousand ($10.000.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment.. Eaeh week's eoHtialil;,d violatisa shall eOAstitHte a separate aeeitioaal violatioa. This Local Law shall supercede and suspend those provisions of the Town Law Section 268(1) of the State of New York which pertain to the amount of the fines assessed and/or the terms of imprisonment imposed for a violation of this Chapter. or subsequent violations of this Chapter. Taxation 9245-5. Penalties for offenses. . . Any person that conviction of Having maae any willfal knowinl!lv makes a false statement in the--an application for sacH e)[emption under this chapter. or who knowinl!lv allows a person to make a false statement in an application under this chapter and which application is filed with the appropriate assessinl! authority shall be l!uiltv of a violation punishable by a fine of not more tHan $1 OQ to exceed one thousand ($1000.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment. Upon conviction under this chapter. the person shall and shall be disEJualify tHe applicant or applicants disqualified from fl!rtHer applvinl! for !!!.,.exemption under this chapter for a period of five years from the date of conviction. Tobacco Advertising 249-6._IIl:iHHctionG. Penalties for offenses. Anv person in violation of anv provision ofthis chapter is l!uiltv of an offense punishable bv a fine not to exceed one thousand five hundred ($1500.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment. In aadition to any otHer remedy previded by la'"", tHe Tovm may bring an injunction proceeding to enforce tHis cHapter:.. Tourist and Trailer Camps S 253-19. Penalties for offenses. [Amended 7-31-1973 byL.L. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not e)[ceeding $250 to exceed one thousand ($1000.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and ai5tinct additional offense hereunder. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: December 19, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk . . PLEASE PUBLISH ON JANUARY 11.2007. AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. P.O. BOX I 179. SOUTHOLD. NY I 1971. Copies to the following: The Suffolk Times Town Attorney Planning Board Zoning Board of Appeals Trustees Town Board Members Town Clerk's Bulletin Board Building Department Justice Court Police Department . . ST ATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the ~ day of ~~ ' 2006, she affixed a notice of which the annexed printed notice is a true copy, i a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH for Increase Penalties 1116/077:45 pm ~./u#f2Q"JiIt lizabeth A. Nevill Southold Town Clerk Sworn before ~ this ....5...- day of !CLIo I .~ ,2006. ~~_O~ ~O" Notary Public LYNDA M. BOHN NOTARY PUBLIC, State of New Yor\( No. 01806020932 Qualified In Suffolk County Term Expires March 8, 20 .QJ. Town of South old - Letter. Board Ml.ng of December 19, 2006 RESOLUTION 2006-997 ADOPTED Item # 46 DOC m: 2422 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-997 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 19,2006: WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 19th day of December, 2006, a Local Law entitled "A Local Law in relation to Increasinl!: the Penalties in the Southold Town Code" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of January, 2007 at 7:45 p.m., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Increasinl!: the Penalties in the South old Town Code" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Increasinl!: the Penalties in the Southold Town Code". BE IT ENACTED by the Town Board of the Town of South old as follows: Section I. Purpose. The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board Generated December 20, 2006 Page 64 Town of South old - Lettett Board .eting of December 19, 2006 , believes it necessary to increase the amounts of the fines to discourage potential violators from unpermitted and/or illegal activity and as a punitive response where warranted. Section II. Code Amendments. Boats, Docks and Wharves ~ 96-16. Regulation of personal watercraft and specialty prop-craft. [Added 4-6-1993 by 1.1. No. 4-1993] areas or sites. 1. All persons operating a personal watercraft or a specialtv prop-craft must complv with all applicable provisions of New York State Navigation Law &49 ~ 96-33. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by 1.1. No. 3-1988] B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not elfseelling $259 to exceed five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation" Burning, Outdoor ~ 104-5. Penalties for offenses. [Amended 7-31-1973 by 1.1. No. 1-1973] Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not eJreeelling $259 to exceed five hundred ($500.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Filming ~ 139-14. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000 $2500, and, in addition, anyone convicted hereunder of not complying with the requirements of ~ 139-4 and/or ~ 139-5 may be subject to a fine of not less Generated December 20, 2006 Page 65 , . Town of Southold - Letter Board Mlng of December 19,2006 than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. Harbor Management S 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. B. For every offense against any ofthe provisions of this law or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $;!W five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Junkyards 166-8. Penalties for offenses. [Amended 7-31-1973 by 1.1. No. 1-1973] A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this chapter shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. B. For every offense against any provision of this chapter, the person committing the same shall, upon conviction thereof, be subject to a fine of Hot more than $250 not to exceed two thousand five hundred ($2500) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture of the license. D. Any person committing an offense against this chapter shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the Town in the amount of$IOO for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. Littering S 174-7. Penalties for offenses. Generated December 20, 2006 Page 66 Town of South old - Lette. Board _eting of December 19,2006 , Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not exeeediag $250 to exceed five hundred ($500.) dollars or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Public Entertainment and Special Events ~ 205-1. Certain entertainment restricted; permit required. D. Applications for ElflJlreval ef aay temJleflH)' struet-ures tents under this chapter must be submitted to the Building Department,.- Salvaging Centers ~ 211-6. Penalties for offenses. The permittee who commits or permits the commission of any violation of the permit or ef.the TewH Cede shall be deemed to have 6sIfIIHitted a violatioa aat! shall be liable fur aay sHeil offease er the Jleaalty therefur anv person committine: an offense of any provision of this chapter shall be e:uiltv of a violation. and be subiect to a fine not to exceed two thousand five hundred ($2500.) dollars. or a period of imprisonment not to exceed fifteen (15) davs or both such fine and imprisonment. Each day such offense shall continue or be permitted to exist shall constitute a separate an additional offense. Sewers and Sewage Disposal Part 1 ~ 215-32. Compliance required; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part 1. [Added 3-22-1988 by L.L. No. 4-1988] B. For each offense against any of the provisions of this Part I or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of a violatioH an offense punishable by a fine eHlet eJleeediag ~not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within +&--36 months thereafter, such person shall be guilty of a violation punishable by a fine not elleeediag $1 ,5()O to exceed seven thousand five hundred ($7500.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation of this Part I. Part 2 Generated December 20, 2006 Page 67 . Town of SouthoId - Letter Board Mlng of December 19, 2006 !i 215-45. Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Part 2 except!i 215-40 shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 shall be fillea Rot mElre tftaH $100 Elf imllRGElReB RElt mElre tlulII30 BayG er lleth l!:ui1tv of an offense punishable bv a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 davs. or both such fine and imprisonment. Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense fElr the llHfJlElse Elf aJlll1ying the llellalty pro'iiBed ill thiG seetiElII. C. Any person who fails to cease and desist violation of this Part 2 upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection. Shellfish !i219-21. Penalties for offenses. [Amended 7-31-1973 by 1.1. No. 1-1973] A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this article, the person committing the same shall be subject to a fine efllet mElre than $250 not to exceed five hundred ($500.) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. A second conviction for an offense against any of the provisions of this article within a period of one year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this article. Subdivision of Land !i 240-60. Penalties for Offenses. Anv person in A violation of anv provision of this chapter shall be l!:uiltv of a violation punishable by a fine not exc"edillg that permitted by ~ 268 E1D-Jew Y E1rk State Te'NIl Law to exceed ten thousand ($10.000.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment.. Each '...""Ie's eEllltilllfed violatiElR shall eOIlGtitate a separate additiellal viEllatioR. This Local Law shall supercede and suspend those provisions of the Town Law Section 268(1) of the State of New York which pertain to the amount ofthe fines assessed and/or Generated December 20, 2006 Page 68 Town of Southold - Lette_ Board .eting of December 19,2006 the terms of imprisonment imposed for a violation of this Chapter. or subsequent violations of this Chapter. Taxation S 245-5. Penalties for offenses. Any person that eOflyietieft of haviftg made any 'NiIlful knowin!!:lv makes a false statement in tI!tl-an application for slIeh ellemptiefl under this chapter. or who knowin!!:lv allows a person to make a false statement in an application under this chapter and which application is filed with the appropriate assess in!!: authority shall be !!:uiltv of a violation punishable by a fine of not more tHafl $100 to exceed one thousand ($1000.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment. Upon conviction under this chapter. the person shall aftd shall be dis()lIalify the applieant or applieants disqualified from further applvin!!: for an exemption under this chapter for a period of five years from the date of conviction. Tobacco Advertising 249-6._lnjlllletioas. Penalties for offenses. Anv person in violation of anv provision ofthis chapter is !!:uiltv of an offense punishable bva fine not to exceed one thousand five hundred ($1500.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment. 1ft additiefl to afty ether remedy proyided by law, the Towfllflay briftg aft iftjllfletiofl proeeediag te eflforee this ehapter:.. Tourist and Trailer Camps S 253-19. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not el(eeediflg $250 to exceed one thousand ($1000.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distiaet additional offense hereunder. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. Generated December 20, 2006 Page 69 . Town of South old - Letter Board Mlng of December 19, 2006 a;-u~a~~~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated December 20, 2006 Page 70