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HomeMy WebLinkAboutRVHD Proposed Local Laws Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer March 17,2011 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolutions which were adopted by the Riverhead Town Board at a Regular Town Board meeting on March 15, 20t t Res. #175 -AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER t08 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (ACCESSORY APARTMENTS-§108-34. PURPOSE; FINDINGS;STANDARDS.) Res. #191 -AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW FOR THE PROPOSED ADDITION OF CHAPTER 99 ENTITLED "TAXICABS AND VEHICLES FOR HIRE" OF THE RIVERHEAD TOWN CODE Res. ~204 -AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 45 ENTITLED "ALARM SYSTEMS" OF THE RIVERHEAD TOWN CODE Res. #205 -AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 52 ENTITLED "BUILDING CONSTRUCTION" OF THE RIVERHEAD TOWN CODE (Article II Green Building Standards for Town-Owned Buildings) If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm Office of the Town Clerk Diane M. B/ilhelm, Tmvn Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer March 17, 2011 We would appreciate your signing this letter acknowledging receipt of this Resolution and returning it to the Office of the Rivcrhead Town Clerk. (Resolutions# 175,191,204 and 205 from Town Board Meefmg 3.15.11) Sincerely, Diane M. Wilhelm Town Clerk Signature: date: DW:cd 03.15.2011 110175 TOWN OF RIVERHEAD Resolution # 175 ADOPTED AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (ACCESSORY APARTMENTS - §108-34. PURPOSE; FINDINGS; STANDARDS. ) Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Gi.qlio RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code once in the March 24, 2011 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio [~Yes [-INo Gabdelsen ~;~Yes r-]No Wooten []Yes [--INo Dunleavy []Yes I--INo Walter [~Yes [--INo The Resolution Was [] Thereupon Duly Declared Adopted X:\TBM 03.15.1 l\175 ~ BLDG Accessory Apartments.docx TOWN OF RIVERHEAD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 20th day of Apd12011 at 7:05 o'clock p.m. to amend Chapter 108, entitled "Zoning" of the Riverhead Town Code. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 108 ZONING ARTICLE VIII Accessory Apartments § 108-34. Purpose; findings; standards. Purpose. It is the intent and purpose of this article to allow accessory apartments within Hamlet Residential (HR), Riverfront Corridor (RFC), Commercial/Residential Campus (CRC), Rural Corridor (RLC), Hamlet Center (HC), the Residence A-40 (RA-40), Residence B-40 (RB-40), Residence A-80 (RA-80), Residence B-80 (RB-80) and Agricultural Protection Zoning (APZ) Use Districts to provide the opportunity for the development of small rental housing units designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Riverhead and to implement the housing elements and goals of the Town of Riverhead Comprehensive Plan (Town of Riverhead Planning Board et al, 2003) by allowing accessory apartments in designated zoning districts. It is also the intent of this article to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community. Overstrike represents deletion(s) Dated: Riverhead, New York March 15, 2011 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk X:\TBM 03.15.11\175 - BLDG Accessory Apartments.docx 03.15.2011 ADOPTED 110191 TOWN OF RIVERHEAD Resolution # 191 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW FOR THE PROPOSED ADDITION OF CHAPTER 99 ENTITLED "TAXICABS AND VEHICLES FOR HIRE" OF THE RIVERHEAD TOWN CODE Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Gi.qlio RESOLVED, the Town Clerk is hereby authorized to publish and post the attached public notice to consider a local law for the proposed addition of Chapter 99 entitled "Taxicabs and Vehicles for Hire" to the Riverhead Town Code once in the March 24, 2011 issue of the News- Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio [~Yes I-]No Gabrielsen []Yes r-INo Wooten []Yes [--INo Dunleavy ~;~]Yes [-INo Walter []Yes [--INo The Resolution Was [] Thereupon Duly Declared Adopted TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public headng will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York on the 20th day of April, 2011 at 7:05 o'clock p.m. to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code. A copy of the entire text of the proposed location will be available for review at the Riverhead Town Hall, Office of the Town Clerk, Monday through Fdday, between the hours of 8:30 a.m. and 4:30 p.m. Dated: Riverhead, New York March 15, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk PART II GENERAL LEGISLATION Chapter 99 TAXICABS AND VEHICLES FOR HIRE 99-1. PURPOSE. A._~. The purpose of this chapter is to regulate the activities of taxicabs and other vehicles for hire in the Town of Riverhead. History has shown that there is a need for investi.qat on and review of the conduct of taxicab drivers and vehicles for hire in order to ensure the health, safety, and welfare of residents and visitors within the Town of Riverhead. Indeed one of the Town Board's highest priorities is to protect the peace and security of our citizens on the highways in our community. B~ Thus, this chapter is intended to enhance the peace and security of our citizens in their homes and neighborhoods; to safeguard consumers a,qainst fraud and infedor services; and t_o prevent congestion and unsafe conditions on the streets and highways of the Town. 99-2. DEFINITIONS. A. Word usage. Words used in the singular in this chapter shall include the plural and vice versa. The word "shall" is always mandatory. B. Definitions. The followin.q definitions shall govern the interpretation of this chapter unless otherwise expressly defined herein.' BUSINESS - Includes any single act of transporting _a passenger or passengers in a motor vehicle for hire or for compensation of any kind upon the public streets, roads and highways within the Town of Riverhead. BUSINESS LICENSE - Written authorization which permits a person to engage in the business of transportation for hire or to employ others for said purposes. CRUISING - To travel about the street and roadways at random. DEPOT- An additional place of business in the area where an owners terminal is located. DRUG TESTING POLICY/RANDOM DRUG TESTING POLICY - A written policy that meets the minimum requirements for the testing of holders of a Commercial Driver's License for drugs and/or alcohol developed b_y the U.S. Department of Transportation and Federal Motor Carder Safety Ad ministration as set forth in the Code of Federal Regulations in 49 CFR Parts 40 and 382. FARE: A transportation charge or the price of passage or the sum paid or due for conveying a person bv taxicab or vehicle for hire. LIMOUSINE - Any motor vehicle en_~a~ed in transportation for hire in connection with funerals, weddings, proms and other events or functions of a similar nature or in connection with general transportation for hire when, at the prior request of the passenger(s), an unmarked livery is used and pickup is made by pdor arrangement, whether hired by the hour, by the day or for a fixed fare, and/or so licensed b__y the New York State Department of Motor Vehicles. OPERATOR: A natural person who is entitled to obtain in hfs or her own name proper New York State licensing for the operation of a motor vehicle for the purpose of transportation for hire. OPERATOR'S PERMIT- Written authorization which permits an operator to engage in the business of transportation for hire within the Town of Riverhead. OWNER - Includes a person, as defined herein, who is a business owner, principal, director and/or officer o_fa business a purchaser under a reserve title contract, conditional sales contract or vendor's lien agreement and a lessee who is entitled to obtain in his or her own name proper New York State registration of the vehicles eneaeed in the business of transportation for hire, and/or a person ownin.q or controlling one or more taxicabs or limousines and operating/driving or~ to be operated/driven any such vehicle for hire. PASSENGER - Includes any person other than the operator/driver who is an occupant of a taxicab o. zr limousine upon the public streets, roads and highways within the Town of Riverhead. PERSON - Includes natural persons, corporations, partnerships, unincorporated associations or any other organizations of two or more persons. TAXICAB - Any motor vehicle en(3a(~ed in the business of transportation fo._ir hire, other than a limousine, whethe~r the same is operated from a street stand or subject to calls from a _clara_cie. VEHICLE PERMIT- Written authorization which permits the use of a specific vehicle in the business of transportation for hire within the Town of Riverhead. TAXI STAND - A public place alongside the curb of a street or elsewhere which has been so designated as reserved exclusively for the use of all taxicabs licensed pursuant to this chapter. TERMINAL - A fixed bas of operation of the owner of the taxiCab or limousine. TOWN - Includes all areas within the Town of Riverhead exclusive of areas wholly within any incorporated village. TRANSPORTATION FOR HIRE - Includes the transporting of a passenger o_r passengers in a motor vehicle, fo._Ir hire or for compensation of any kind, upon the public streets, roads and highways within the unincorporated areas of the Town of Riverhead. VEHICLE FOR HIRE - Includes any motor vehicle used in the transporting of a passenger o. zr passen(~ers, fo._~r hir.__~e o..~r fo.__r compensation of any kind, upon the public streets, roads and highways within th._~e unincorporated areas of the Town of Riverhead. ZONE - An area within the Town .~ 99-3. EXEMPTIONS. The provisions of this chapter shall not apply to vehicles solely owned and operated for the activities set forth herein: A. Business vehicles en~a(~ed in a business other than transportation for hire, wherein said vehicles are used solely for transportation of clients of said business, whether for a fee o_r not, and ar~e no~t made availabl~e f_or hire by persons other than clients of the principal business. B. Hotel vehicles en(3a(~ed in the transportation of hotel guests only. C. Club vehicles en(3a(~ed in the transportation of club members only. D. Public or private school vehicles engaged in the transportation of school pupils only. E~ Buses as defined by the New York State Vehicle and Traffic Law. F.~. Limousines as defined in this chapter. G. Vehicles for hire engaged in transportation from a point outside the Town of Riverhead to a point within the Town, from a point within the Town to a point outside the Town, or from a point outside the_ Town to another point outside the Town and ~TBM 03.15~ ~\19~ passing through th._Ae Town of_Riverhead. _~ 99-4. BUSINESS LICENSE. A._:. It shall be unlawful for any person to en~a~e in the business of transporting people fo..~r hire by a taxicab, from point to point within the confines of. the Town of Riverhead without having first obtained a license to conduct such business from the Town Clerk. B_~. Application. (1) To obtain a business license required b_y this section, or any renewal thereof,, a vedfied application shall be made to the. Town Clerk, upon a form to be furnished by the Town Clerk, which application shall set forth the following information: (a) The name and permanent address of the applicant, the applicant's telephone number and social secudty number. If the applicant is a corporate entity, the name and address of all officers, partners, directors, members, and/or stockholders of the ~ the applicant's federal tax identification number and telephone number. ~ The make. model, year, seating capacity, vehicle identification number and license plate number of each vehicle to be used in said taxicab business. ('c) The registered owner of each vehicle to be used in said taxicab business. No business license shall be issued to any person unless he is the owner of each taxicab operated in his name. (d) The names and addresses of all vehicle operators. (e) The name, address, telephone number and title of the person designated to accept process or other legal notices on behalf of the licensee. The licensee is required to desi.qnate an agent who resides in the County of Suffolk for the service of process of any notices set forth in this chapter or for the service of process of a violation of this chapter. fi) Details of any convictions for misdemeanors and felonies, including the nature of the offense for which arrested and ultimately convicted, the date of arrest and conviction, thee place where said conviction was had and the sentence imposed. 2~ I_Qn addition the requirements set forth in subdivision (1) of this section, prior to obtaining a business license required by this section, or any renewal thereof, the business owner shall certify that the business has a wdtten dru.q testing policy as defined herein. C. Form. A business license shall state the name and address of the licensee, thee date of the issuance and expiration of said business license, and that the licensee is authorized to eneaee in th._~.e business of transportation for hire by the Town of Riverhead. The term of the business license shall be for a term of one year. E. Posting of business license. A business license shall be conspicuously posted, in full public view, in the main office of the licensee. F. Renewal. Application for the renewal of a Business License shall be filed no later than 30 days prior to its expiration. The application shall be verified and shall set forth the information listed in .~ 99-4(B) of this chapter. Forms for the renewal application shall be supplied by the Town Clerk and shall be requested bybY the licensee. G. Modification. Any change in circumstance with regard to the information required hereinabove shall be reported to the Town Clerk within thirty (30) days of occurrence. § 99-5. OPERATOR'S PERMIT. A. It shall be unlawful four any person to ddve or operate or, as a._Qn owner, to allow any person, including the owner, Lo drive o_r operate a taxicab or other motor vehicle engaged in transportation four hire, as defined herein, without having first obtained an Operator's Permit to drive or operate a taxicab from the Town Clerk. B. Application. To obtain a permit required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk, upon a form to be furnished by the Town Clerk, which application shall set forth the following information: (1) The name and permanent address of the applicant. (2) Any other names ever used by the applicant, (3) The applicant's place of residence for the past five-year pedod. (4) The applicant's age, dat~e of birth, color, height, weight, color of eyes, colo~r of hair, place of birth and citizenship. (5) Whether or not the applicant has ever been convicted of a crime and, if so, the details of such conviction, includin.q; the offense the applicant was convicted of. the date and court of conviction, and the sentence imposed. (6) The applicant's license classification and license number. AI. JI applicants must hold the proper license from the State of New York to operate a taxicab t_.o b_._~e issued an Operator's Permit. C. Additional Requirements. In addition to a completed application, a_Qn applicant must comply with the following requirements in order to be considered for an Operator's Permit. (1) Photoqraph. AI._JI Operator Permit applications shall be accompanied bv four (4) unmounted, unretouched photographs of the applicant, showing head and shoulders, take_~Qn within thirty (30) days of the date of the application. Said photographs shall b._~e two by two (2 x 2_) inches in size. (2) Fingerprints. When the application form has been completed, the applicant shall appearat the Riverhead Town Police Department to be fingerprinted. Thee Chief of Police shall mail a copy of the fingerprints to the Division of Cdminal Justice Service, Albany, New York, requesting a f~ search. Pdor to the fin~erpdntin~ the Town Clerk shall secure from the applicant the required fee in the form of a check or money order made payable, as required, to the New York State Division of Criminal Justice Services to be forwarded with such fingerprints. The fee four fin~emrintin~ is in addition to the fees required to be paid to the Town Clerk. (3) Physicians Statement. The applicant must submit a written statement from a medical doctor licensed to practice medicine in the State of New York stating that the applicant is physically and mentally fit to safely operate a motor vehicle. (4) Dru.q Test. The applicant must submit a certification from his employer that he has passed a pre-employment dru.q test or is exempt from a pre-employment drug test. (5) Driver's License and Abstract. The applicant must submit a copy of the applicant's New York State dr ver's cense along with a New York State Driver's Abstract deta ling th._ge applicant's driving history dated with 10 days of the date of the application is submitted to the Town Clerk. D. Form. The permit shall contain the name, address, date of ~ signature and photograph of the applicant. It shall state the dates of issuance and expiration of the permit. In addition there shall be sufficient blank spaces to record any suspension o._r revocation of the permit. E. Term. The term of the permit shall be for one year from date of issuance. F. Posting. The permit shall be conspicuously posted and securely fastened on the visor on the driver's side of the taxicab. G. Renewal. Application for the renewal of an Operator's Permit shall be filed no later than 30 days prior to its expiration. The application shall be verified on a form furnished ~ the Town Clerk and shall contain the information required by ~ 99-6(B) and (C~ and all their subsections. An applicant requesting to renew an Operator's Permit shall request a renewal form from the Town Clerk either in person or in writing. H_~. Temporary permit. 1~ The Town Clerk may issue a temporary permit to an applicant, who is otherwise qualified, pending the investigation of the applicant's application for a full permit. (2) The holder of a temporary permit shall be subiect to all the provisions of this chapter. The duration of a temporary permit shall be thirty (30) days. (3) No temporary permit may be issued until the applicant has submitted a certification from the applicant's employer that the applicant has passed a pro-employment drug. I. Modification. Any change in circumstance with regard to the information required hereinabove shall be reported in writing to the Town Clerk within thirty (30) days of occurrence. J. Denial of Operator's Permit. (1) The Town Clerk shall not issue a__Q Operator's Permit in the followinq instances: (a) The applicant has a conviction for any of the offenses: i. A felony within the last 10 years. ii. Any crime involving the manufacture, transportation, possession, o_r sale of illegal drugs as defined bv New York Penal Law: iii. A crime involving th._~e operation of a motor vehicle under the influence of alcohol or drugs. iv. Any offense that requires the applicant to register as a sex offender. v. Reckless driving. vi. Endan~erina the welfare of a. child. (b). It is determined by the Town Clerk. that the applicant made a false, misleading or fraudulent statement in the application for an Operator's Permit. (c). The applicant has been convicted of offense for violating a provision of this chapter a minimum of 3 times. :~ 99-6. VEHICLE PERMIT. A. It shall be unlawful for any person to operate or permit to be operated a taxicab, from point to point within the confines of the Town of Riverhead, without having first obtained therefore a vehicle permit from the Town Clerk. All taxicabs licensed by the Town of Riverhead shall be registered in the State of New York and must have the proper registration and license plates for a taxicab as required by the New York State Department of Motor Vehicles. B~ Application. (1) To obtain a Vehicle Permit as required by this section, o__r any renewal thereof, a verified application .shall be made to the Town Clerk, which application shall set forth the following information: .~ The name and resident address of the a_p_plicant and the registered owner of the vehicle. (b) The business address from which the taxicab will be used and the business license under which it will be used. X:\TBMO3.15A 1~9~ - TA 9 9 Taxishortv~siea ~hl2 ).doc ~ The make, model, year, seating capacity, vehicle identification number and the license plate number. (d) If the vehicle has been previously used as a taxicab and where. (2) In addition to the application, an applicant for a Vehicle Permit shall provide the following: (a) Proof that the vehicle is properly registered in New York State as required b_y this section. ~b) A valid certificate of inspection from a business licensed as a New York State Vehicle Inspection Station. ('c) Proof that the vehicle is insured as required bv the New York State Department of Motor Vehicles. C. Form. The Vehicle Permit shall state the name and address of the registered owner; if the vehicle is leased, the name and address of the party to which it is leased; the seating capacity; the year, make and model; the license plate number; and the business license number under which the taxicab is being operated. D. Term. The term of the Vehicle Permit shall be for one year from date of issuance. E. Postin.q. The Vehicle Permit shall be conspicuously posted and securely fastened on the intedor of such vehicle in such a manner as to be readily visible to a passenger in the rea__rr seat. F_= Identification sticker. (1) When issuing a Vehicle Permit, the Town Clerk shall also deliver to a sticker beadng the Vehicle Permit number, the vehicle license plate number and the expiration date of the Vehicle Permit. Each such sticker must be securely affixed to the rear bumper of the vehicle. The sticker is to remain there and shall be kept cleady visible at all times. (2) Should this sticker become lost, stolen or destroyed through no fault of the owner, the Town Clerk shall issue a duplicate sticker at a fee as set b_...v the Town Board. G. Renewal. A._Qn application for the renewal of a Vehicle Permit shall be filed no later than 30 days prior to expiration. The application shall be verified and shall set forth the information listed in .~ 99-6(B) of this chapter. Forms for the renewal applications shall b._~e supplied b_y the Town Clerk and shall be requested b_.y the licensee, in wdtin.q or n person no later 45 days prior to the expiration date of the current permit. H. Modification. Any chanqe in circumstance with regard to the information required hereinabove shall be reported to the Town Clerk within thirty (30) days of occurrence. ~. 99-7. OPERATOR REGULATIONS. It shall be the duty of every Operator of a taxicab to comply with the followin.q: A. Each operator shall keep the interior and exterior of his taxicab clean at all times. B. An operator must transport all orderly persons upon request, unles___._~s already under hire. C. An Operator must inform th._~e Town Clerk, in writing, of any change in address within seventy-two (72) hours. D.~. Operators shall thoreu.qhly search his taxicab for lost or misplaced items after the discharge of each fare. E_~. Operators shall inform the Town Clerk, in writing, within twenty-four (24) hours of the loss or theft of the Operator's Permit. F. Operators shall not transport a greater number of persons than the rated capacity of the taxicab as listed on the Vehicle Permit. G~ After havin.~ accepted a person for transportation, a__Qn operator must refuse to accept any other passengers without the consent of the person first accepted for transportation. H. At the request of any passenger, a_.Qn operator must enforce no smoking in their vehicle by all occupants, including the driver, during the presence of the passenger making said request. I_. Operators may not use loudspeakers, noisemaking devices, o._[r other attention-seeking devices. J. Operators may not peddle any goods o~propertyfrom th~ veh c e_fo~ hire. K_.~. Operators may not solicit the use of a vehicle for hire in violation of Chapter 99 of the Code of the Town of Riverhead or for any purpose other than transportation for hire. L. An Operator may not allow any other person to use their Operator Permit. M._~. Operators shall maintain a wdtten log of all trips, showing the time and place each passenger en_~a~es th._~e taxicab and the time and place he leaves thee taxicab, a._~s wel.__Jl a_s the fare charred. The operator shall deliver a copy of this log to the owner of the taxicab. The log shall be retained by the operator and the owner for a pedod of one (1) year. N. No Operator shall en_~a~e in the act of cruising as defined in this chapter. O. An Operator shall not conduct himself in any manner or way that is either dangerous or offensive to the Reneral public. P~ Operator's shall, upon request of a member the Town Attomey Investigation Unit or Town of Riverhead Police Department, produce for inspection their tdp Io.q. Q_.=. Operator's shall be subiect to the same requirements as a holder of a commercial driver's license as set forth b_y the U.S. Department of Transportation 'and the Federal Motor Carrier Safety Administration with re.qard to the operation of vehicle and the consumption of alcohol and drugs. R_~. Operator's must submit to and pass all alcohol and/or dru.q tests required bv this chapter. ~ 99-8. OWNER REGULATIONS. It shall be the duty of every owner of a taxicab, a._~s defined in this chapter, to.' A_~. Inspect and repair all damage or malfunction to or in the vehicle or equipment each week. All said repairs and maintenance to the vehicles shall not be made while the vehicle is on the public street, public way o_r public place. B. Not allow the taxicab to be used in business if not in proper working condition. C_~. Equip and maintain each taxicab with interior lights, under thee control of th._~e ddver, which shall fully illuminate the passenger area when a passenger is boarding o_[r aliohtin~ from the vehicle. D. Not allow any person to operate the taxicab without an Operator's Permit as defined bv this chapter. E_=. Maintain the Operator's log for a period of one (1) year and which must be available for inspection bv thee Town, upon request, at al_l times during said period. F. Report to the Town Clerk the loss or the theft of the Vehicle Permit, i_Q writing, withi_~._Qn twenty-four (24) hours. (3. Ensure that all Operators employed by the owner comply with all of sections re~ardinq th._ge duties, requirements and responsibilities of operators contained in this chapter. H. Develop, implement and follow a written drug testing policy as defined in this chapter. I. Upon notification that an Operator employed by the Owner has failed a drug test. the Owner must within 24 hours notify the Town Clerk in writing, that the Operator has failed a drug test and is no longer eligible to operate a taxicab in the Town of Riverhead. Notice to the Town Clerk must be sent by Certified Mail. J. Prevent an Operator from driving any taxicab owned by the Owner upon notification that the Operator has failed a drug test until such time that the Owner is notified by the Town Clerk in writing that the Operator's privilege to drive a taxicab in the Town of Riverhead has been restored. K. Maintain written records reearding alldrug tests administered pursuantto this chapter for a pedod of three (3) years and produce said records for inspection upon the request of Town Clerk, Town Board, Town Investigative Unit or Town of Riverhead Police. Department. L Maintain a maintenance log for each vehicle owned by the Owner for a period of one 1.(1) year and which must be available for inspection b_._v the Town, upon request, a_t al_l time~s dudng said period. ~ 99-9, LICENSE AND PERMIT SEAL AND RECORD. A. Each license and permit issued pursuant to the provisions of this chapter shall be stamped with the Seal of the Town of Riverhead. B..~, In addition, the Town Clerk shall keep a record of all licenses and permits issued pursuant to this chapter. Such record shall list the complaints, suspensions and revocations recorded against each licensee and permit holder and such record shall be open to view by th_.~e public during regular business hours. Upon receiving any complaint, th__ge Town Clerk shall forward such complaint to the Investigation Unit of the Town Attorney's Office for investigation. X:\TBM 03.15.11\191 - TA 99Taxishortversion ph (2).doc 99-10. TRANSFER OR ASSIGNMENT. It shall b_~e a violation o_i_f this chapter for any person to transfer or assign, or to accept transfer or assignment, of any license or permit issued under this chapter from person to person or from vehicle to vehicle. .~ 99-tt. LOSS OF LICENSE OR PERMIT. Should any license or permit issued pursuant to this chapter be lost or stolen through n_go fault of the licensee or permit holder, the Town Clerk shall issue a duplicate license or permit for a fee to be set by the Town Board. 99-12. LOST AND FOUND ARTICLES. All property which is lost or misplaced in the taxicab shall be kept at the address listed on the business license under which the taxicab is operated for a period of one month. After this pedod, Lf the property is still not claimed, it shall be brought to the Riverhead Town Police Department and a receipt obtained. 99-13. INSPECTION. A. Each and every taxicab licensed pursuant to the provisions of this chapter shall be subiect t_.o inspection by the Investigative Unit of the Town Attorney's Office. Said inspection shall concern the cleanliness of the taxicab, th__ge required safety equipment, and the proper posting of licenses and other items required by this chapter. ,~ 99-14. POLICE INSPECTIONS. Nothing in th s chapter sha prevent the Riverhead Town Police Department from making further routine inspections. ,~ 99-15. REQUEST TO SUBMIT TO TESTING A. Any member of the Town Attorney Investigation Unit or the Riverhead Town Police Department may, upon reasonable suspicion that an Operator has consumed drugs or alcohol in violation of this chapter, the New York Vehicle and Traffic Law and/or the New York Penal Law, request that the Operator to submit to a drug and/or alcohol test. ,~ 99-16. DENIAL, SUSPENSION OR REVOCATION OF LICENSE OR PERMIT. A~ The Town Clerk shall suspend or revoke a license or permit upon learning of a violation of this chapter. Notice of the revocation or suspension shall be mailed to the licensee or permit holder by re.qistered mail, at the address listed on the license or permit application notifying that the license or permit holder that their license or permit has been suspended or revoked and the reason for such suspension or revocation. X:\TBM 03.15.11\191 - TA 99Taxishortversion ph (2).doc B. Any license or permit holder shall be entitled to a hearing to appeal a denial, suspension or revocation. Any license or permit holder who wants to appeal a denial, or suspension or revocation must notify the Town Clerk in wdtin.q that they wish to appeal the denial, suspension or revocation. Said hearing shall be held before the Town Board. The Town Clerk shall notify the license or permit holder of the date, time and place of the headn.q, in writing, at least 30 days prior to the headn.q. At the close of the hearing, the Town Board may suspend, revoke or uphold the denial of the license or permit or dismiss the charges alleged. The Town Board must state the facts upon which the ruling is based. C. Failure to comply with the provisions of this chapter shall be seen as sufficient cause for the revocation or suspension of such license or permit. D. Conviction of a violation of the New York State Vehicle and Traffic Law in a court of competent iurisdiction re.qarding the equipment or working condition of the taxicab shall be grounds for the suspension or revocation of the Vehicle Permit. E. The Town Clerk shall suspend any license or permit issued pursuant to this chapter upon learninq that the license or permit holder has been chained with any of the offenses listed in section 99-5 ~ (1)(a). F. The Town Clerk shall revoke any license or permit issued pursuant to this chapter upon leamin,q: 1_. that the license or permit holder has been convicted of an offense listed in section 99-~5 J~ 1~ a~ 2. that an application contained a false, misleading or fraudulent statement, 3. that a license or permit holder has 3 o_r more. convictions for vo at n.q provisions of the Riverhead Town Code, o_Er' 4. that an Operator has failed a drug test as defined herein. 99-17. VEHICLE REGULATIONS. A_~..Each vehicle used as a cab, a._.~s defined hereinabove, must be equipped with a permanent raised operational dome light affixed to the roof, with "taxi," "taxicab" or the business name imprinted thereon, and must havre "taxi" or "taxicab" and the business telephone number permanently affixed to each side of the exterior, not less than four inches in height, and the business name and address must be permanently affixed to the lower portion of the front door, o__qn eac~h side of thee exterior, not less than two 2~ inches in height. B_~. The owner of each vehicle shall ensure that the vehicle and its equipment are inspected at least once during each week, the results of which must b__~e noted in the written Icg X:\TBM 03.15.11 \191 - TA 99Taxishortversion ph (2).doc maintained for that vehicle. Each vehicle in use must be capable of passing al_l Town, state and police inspections. Any and all repairs to the vehicle must be recorded in the maintenance log. C. Each vehicle must be kept clean, sanitary, fit. of good appearance and in a safe condition for the transportation of passengers; including repair of all malfunctions and/or damages and must comply with all alterations and/or additions that may b.~e required. ,~ 99-18. PASSENGER REGULATIONS, RIGHTS AND COMPLAINTS. A. Issuance. Upon approval of an application for a taxicab license, the Town Clerk shall issue a placard for each vehicle bearing the title: "Passenger Re.qulations, Rights and Complaints." B. Postinq. Owners, at all times, and operators, whil.__ge in possession o_f a vehicle are responsible for keeping said placard conspicuously posted and securely fastened in the interior of each vehicle, in a clear and readable manner. C. Contents. The placard shall set forth the activities by passengers that are prohibited, their d.qhts and where Lo fil._~e complaints, a..As prescribed by this chapter. 99-19; SURRENDER OF LICENSE OR PERMIT. A. Disapproval, suspension or revocation. Holders of licenses and/or permits issued pursuant to this chapter must surrender same to the Town Clerk immediately upon demand after the disapproval, suspension o_r rev_~ocation thereof. B. Sales. Holders of a license issued pursuant to this chapter, must surrender same to the Town Clerk immediately upon, and in no case later than seven 7(Z) days from, the sale or other disposition of a business or any vehicle. C. State actions. Holders of licenses and/or permits issued pursuant to this chapter must surrender same to the Town Clerk immediately upon, and in no case later than seven (7) days from, suspension or revocation by the State of New York of any relevant license, permit or registration. ,~ 99-20. SALE OF DISPOSITION OF VEHICLE. Each person licensed pursuant to this chapter shall, upon the sale or other disposition of a licensed taxicab or limousine, within twenty-four (24) hours, notify the Town Clerk of the sale or other disposition, surrender the taxicab license issued for the vehicle and submit proof that the license plates have been surrendered to the Department of Motor Vehicles. X:~TBM 03.15.11\191 - TA 99Taxishortversion ph (2).doc ,~ 99-2t. PROHIBITED ACTIVITIES BY PASSENGERS. The activities by passen.qers set forth herein are unlawful, are therefore prohibited and are the responsibility o_f the passenger while occuDvincl, enaaoino or in any way using a vehicle for hire: A. Nonpayment. Passengers must pay thee agreed or established fare. a._~s indicated pn the schedule of fares posted in the vehicle. B. Disorderly conduct. Passen.qers must conduct themselves in an orderly manner. 99-22. PASSENGER RIGHTS AND COMPLAINTS. A.~. Rights. Passengers in vehicles for hire are entitled to quiet, safe, orderly, timely, comfortabl~e transportation, at a price stated on a Schedule of Fares, posted in the vehicle in a clear and readable manner. B. Complaints. Passengers who wish to file complaints regard ng poor service poor veh c e cond tons, improper conduct or. any other reason should do so bv completing a complaint form obtained from the Town Clerk and shall file with the Town Clerk the completed complaint form. ,~ 99-23. TAXI STANDS A_~. The Town Board may, from time to time, b_y resolution establish stands at such locations upon the streets or other public places of the Town as it deems necessary for the use of the taxicabs operated and driven by the persons licensed pursuant to this chapter and prescribe the number of taxicabs that may occupy the stand at one time; however the Town Board must find that such stands are required b_y the public convenience and necessity and will not tend to create a traffic hazard. B_~. All taxi stands may be used by anytaxicab licensed pursuant to this chapter and ddven by any operator possessin.q a._Qn operator's permit pursuant t_.o thi_~s chapter, provided there is a vacant space available therefor. C_~. No vehicle other than _a taxicab, duly licensed pursuant to this chapter shall at any time occupy any space established as a taxicab. X:\TBM 03.15.11\191 - TA 99Taxishortversion ph (2).doc {~ 99-23. FEES.. A, Regular fees. The town board shall set all fess under this chapter by resolution and shall adiust said fees as the Board deems appropriate. The Town Clerk shall collect a fee, for processin.q the followin.q applications, at the time applications are presented for issuance, replacement, substitution, processing or headn.q: (1) For an Owner's License. (2) For a Vehicle Permit. For an Operator's permit. (4) For processin.q fin.qerprints by the New York State Division of Criminal Justice Service at prevailin,q fee of that a.qency in the form pf check or money order made payable to that a.qency. For a Revocation Hearin.q. ~6) For an appeal of disapproval, suspension headn.q or revocation hearing. B. Late fees. The Town Clerk shall collect addition fees at the time applications are presented for renewal when said applications are made in excess of thirty (30) days after the expiration date thereof. C. Refunds. Fees shall not be refunded in the event that an application is denied. .~ 99-24. PENALTIES FOR OFFENSES. A. Any person or persons committin.q an offense a.qainst this chapter or any section or provision thereof is .quilty of a violation punishable b_y a fine as indicated herein below or imprisonment for a period not to exceed fifteen (15) days, or by both fine and imprisonment, and each day's continued violation shall constitute a separate offense: ~ First offense: not more than $500.00. (2) Second offense: not more than $1,500.00 but not less than $500.00. (3) Third offense: not less than $1,000.00, and additionally, revocation of the license and/or permit issued pursuant to this chapter for a minimum of one (1) year, after which reinstatement shall be based on a complete new application process, includin.q fin.qerprints. B. In addition to any other remedy provided by law, the Town may brin.q an injunction proceeding or Supreme Court proceedin.q to enforce the provisions of this chapter. C. Notwithstandin.q conviction for a violation hereunder, and imposition of a fine and/or X:\TBM 03.15,1 l\191 - TA 99Taxishor~version ph (2).doc imprisonment therefor, any license or permit holder shall also be liable for suspension, revocation or future disapproval of any license or permit held bY him or her in his or her own or any business or corporate name for offense against this chapter. The provisions contained in this chapter reeardin(~ disapproval, suspension and revocation shall be controlling to effectuate any disapproval, suspension or revocation provided for herein. ,~ 99-25. SEVERABILITY. If any part of or provision of this chapter or the application thereof to any person or circumstance is adiud.qed invalid bv any court of competent iurisdiction, such iud.qment shall be confined in its operation to the part of or provision of or application directly involved in the controversy in which the iud.qment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances. 99-26. WHEN EFFECTIVE. A. The provisions of this chapter shall take effect immediately. B. Notwithstanding the fore~oin~, Owners and Operators, as defined herein, shall have 6 months to from the date of adoption of this chapter to comply with the requirements of this chapter. · Underline represents addition(s) X:~TBM 03.15.11\191 - TA 99Taxishortversion ph (2).doc 03.15.2011 110204 ADOPTED TOWN OF RIVERHEAD Resolution # 204 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 45 ENTITLED "ALARM SYSTEMS" OF THE RIVERHEAD TOWN CODE Drop Down for Councilperson offered the following resolution, which was seconded by Drop Down for Councilperson RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice to consider a proposed local law to amend Chapter 26 entitled "Alarm Systems" of the Riverhead Town Code once in the March 24, 2011 issue of the News-Review, the newspaper hereby designated as the official newspaper for this purpose, and post same on the sign board at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. TH E VOTE Giglio [~Yes [--INo Gabrielsen []Yes [--INo Wooten [~]Yes [--INo Dunleavy [~Yes [--INo Walter [~]Yes [-]No The Resolution Was [] Thereupon Duly Declared Adopted Z:McCormick\RESOLUTIONS\3-15-11 Setting Public Headng to Amend Chap,45 "Alarm Systems" TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 5th day of April, 2011 at 2:25 o'clock p.m. to consider a local law amending Chapter 45 entitled "Alarm Systems" of the Riverhead Town Code as follows: CHAPTER 45 ALARM SYSTEMS § 45-3 Permit required. A. All commercial, industrial, cooperative (commercial and residential) condominium (commercial and residential) and apartment property owner(s) or lessee(s) of property in the Town of Riverhead having on his/her/its premises a fire or police alarm device, or system of fire or police alarm devices, shall apply to the Town Clerk Police Departmentfor a permit to own or otherwise operate such device on his/her/its premises. The applicant for a permit shall provide specifications relatin9 to the device or system of devices installed or to be installed on the premises. No such device shall be operated or installed on the premises of the owner or lessee after the effective date of this chapter without first obtaining a permit under this chapter. No such device shall be modified after the effective date of this chapter without first having obtained an amended permit under this chapter. Such permitshall be valid for a period of one year from issuance and must be renewed upon expiration. · Underline represents addition(s) · Stdkethrough represents deletion(s) Dated: Riverhead, NewYork Mamh 15, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK Z:McCormick\RESOLUTIONS\3-15-11 Setting Public Headng to Amend Chap.45 "Alarm Systems" 03.15.2011 110205 ADOPTED TOWN OF RIVERHEAD Resolution # 205 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 52 ENTITLED "BUILDING CONSTRUCTION" OF THE RIVERHEAD TOWN CODE (ARTICLE II Green Building Standards for Town-Owned Buildings) Councilman Dunleavy offered the following resolution, which was seconded by Councilman Wooten RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice to consider a proposed local law to amend Chapter 52 entitled "Building Construction" of the Riverhead Town Code once in the March 24, 2011 issue of the News-Review, the newspaper hereby designated as the official newspaper for this purpose, and post same on the sign board at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio [~Yes [--INo Gabrielsen [~Yes I--INo Wooten [~Yes r-INo Dunleavy [~;;~Yes i--INo Walter [~Yes r-]No The Resolution Was [] Thereupon Duly Declared Adopted Z:Prudenti\RESOLUTIONS\3-15-11 Setting Public Hearing to Amend Chap.52 "Building Construction" TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public headng will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 5th day of April, 2011 at 2:20 o'clock p.m. to consider a local law amending Chapter 52 entitled "Building Construction "of the Riverhead Town Code as follows: CHAPTER 52 BUILDING CONSTRUCTION ARTICLE II Green Building Standards for Town-Owned Buildings § 52-24. Green building ~nd procurement. The Town of Riverhead shall incorporate green building specifications and procurements using environmental standards established by a green purchase guide for the construction of new Town owned buildings or substantial reconstruction or maior renovation of Town owned buildings. The Town shall utilize the standards and specifications hereby ....v,..~ adopted by the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED), New York State Department of Environmental Conservation Green Building Standards, Environmental Protection Agency's Green Pumhase Guide and Environmentally preferable Purchasing Guide, Energy Star, Green Seal Responsible Purchasing Net ....... "" *~' .... ,.,."~"~'~" o*'-'-'~'--'~... ..... .. a.~s guideline for construction and renovation projects and purchases of materials and equipment related to the construction or renovation proiect. § 52-25. Applicability; achievement of minimum standard. The Buildinq Department Administrator or designee shall review all proiects related to construction of AkLnew Town-owned buildings or Town-owned buildings undergoing substantial reconstruction to determine compliance with the provisions of this article."..ha!! H . . · Underline represents addilJon(s) · Strlkethrough represents deletion(s) Dated: Riverhead, New York March 15, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK Z:Prudenti~RESOLUTIONS\3-15-11 Setting Public Hearing to Amend Chap.52 "Building Construction"