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HomeMy WebLinkAboutLL-1973 #02' ,'B~tEREAS,' the foil, _n9 local law being propos Local Law No. 2 - 1973 ~as heretofore inLl'~3uced at this meeting of th~s board, said local law be[n9 as follows, to wit: Local Law No.~ -1973 A LOCAL LAW TO PROVIDE FOR THE CONTROL OF LITTER IN THE TOWN OF SOUTHOLD Be it enacted by the Town Board of the Town of Southold: ~ 57-1. Definitions. For the purposes of this local law, the following words, phrases and terms and their derivations shall have the meaning given herein. When not inconsistent with the 'context, words used in the present tense Include the future; words used in the plural number ,nclude the singular; words used in the singular number include the plural; and words in the masculine include the feminine and the neuter. The word "shall" is always mandatory and not merely directory. AUTHORIZED PRIVATE RECEPTACLE -- A litter storage and collection receptacle of steel, aluminum or plastic, of ten (10) to thirty (30) gallons capacity, with tight cover, or larger steel costainer with closed Iid. GARBAGE -~ Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. HANDBILL -- Any printed or written matter, any sample or device, dodger, circular,'leaflet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature. LITTER -- Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare or tends or create blight. NEWSPAPER -- A printed publication issued at regular intervals, including any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public, con,only containing news, comment, features and advertisements, including any "newspaper" duly entered with the Post Office Department of the United States in accordance with federal statute or regulation. PARK -- A park, reservation, playground, beach~ recreation center or any other public area in the town, owned or operated by the town and devoted to active or passive recreation. PERSON -- Any person, firm, partnership, association, corporation, company or organization of any kind. Southold, T. -2- PRIVATE PREMISES -- Any house, building or other structure not owned or operated by the to~n, whether inhabited or temporarily or coutiouously uninhabited or vacant, including any yard, ground, parking lot, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such house, building or other structure. PUBLIC PLACE -- Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and at1 public parks, beache~, squares, spaces, grounds and buildings. REFUSE -- As defined in the Town of Southold ordinance regulating the disposal of garbage and rubbish. RUBBISH -- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, crockery. TOWN -- The Town of Southold. VEHICLE -- Every device in, upon or by which any person or property is or may be transported or d~a~ upon a highway or public stree't. § 57-7. Litter in public places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the to~m except in public receptacles or in authorized private receptacles for collection, or as provided in thc ordinance regulating the disposal of garbage and rubbish. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a mhnner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. Southold, T. -3- § 57-3. A. B. Litter from vehicles. No person shall throw or deposit litter from any vehicle upon any street or other public place within the to~a~ or upon private property. No person shall drive or move any vehicle or track withln the town, the wheels or tires of which carry onto or deposit in any street, alley or other public place sticky substances or foreign matter of such kind as adheres to the road surface. 57-4. A. Litter in parks, beaches and bodies of water. No person shall throw or deposit litter in any park or beach within the town except in public receptacles and in such a manner that thc litter will be prevented from being carried or deposited by the elements upon any part of thc park or beach or upon any street or other public or private place. Where public receptacles are not provided, all such Ii,tee shall be carried away from th~ paPk or beach by the person responsible for its prc~ence and properly disposed of elsewhere, as provided herein. No person shall throw or deposit litter in any pond, river, stream nr other body of water within the town. ~ 57-5. Litter on private property. No person shall throw or deposit litter on any private property within the tow~, whether owned by 'such person or not and whether occupied or vacant, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be pre~ented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. The owner or person in control of private property or any portion thereof shall at all times inaintain the premises or that portion controlled by him free of litter, except when stored properly in authorized private receptacles for collection, when such person shall have actual notice thereof or when said litter shall have been present a sufficient length of time to constitute constructive notice. Sou thold, T. -4- 57-6. A. Handbills. In public places. No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the town. No person shall hand out or distribute any handbill in any public place except to persons willing to accept it. On vehicles. No person shall throw or deposit any handbill in or upon any vehicle; except it shall not be unlawful in any public place for a person to hand out or distribute a handbill to any occupant of a vehicle who is willing to accept it. On private property. No person shall throw or deposit any handbill in or upon any private premises which are: (1) Temporarily or continuously uninhabited or vacant. (2) Posted with a sign placed in a conspicuous position near the entrance thereof,' bearing the words "No Peddlers or'Agents," "No Advertisements" or words of similar import indicating the de~ire of the occupants not to have such handbills left upon such premises, or ~ere an occupant expressly directs the person not to throw, deposit or distribute the handbill on the premises. (3) Inhabited, but not posted or subject to an express warning by an occupant, except by handing or transmitting any such handbill directly to an occupant, unless he places or deposits any such handbill so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public ways. The provisions of this section shall not apply to the distribution of mail by the United States Postal Service nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street~ sidewalk or other public place or upon private property. § 57-7. Penalties for offenses. Any person committing an offense against any of the provisions of thi~ local law shall be punished, upon conviction, by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this local law shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Sou thold, T. -5- § 57-8. When effective, This local law shall become effective immediately as provided by law. § 57-9. Severability. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not effect, impair or invalidate any other clause, sentence, paragraph, section or part of this local law. WHEREAS, this board desires to hold a public besting with respect to said local law, NOW, THEREFORE, BE IT P~ESOLVED that a public hearing be held by this board with respect to the adoption of the aforesaid local law at the Supervisor's Office, 16 South Street, Green~ort, New York at 7:30 o'clock P.M. on the 17th day of July 1973, and it is further RESOLVED that the Town Clerk be and he hereby is authorized and directed to cause public notice of said hearing to be given as provided by law. Vote of the Town Board: Ayes: Supervisor Martocchia, Justice Suter, Justice Demarest, Justice Doyen. if~ f~ Text of law shoutd be g/yen as amended. Da not use brackets for matter to be eliminated 'and do not use italics for new matter. Local Law No ............... ..2. .................................. ~ ...... o~ t~e 7e~e'19 _.7..3.. .... Town Board ~e it enacted iff the ................... ~ of .......................... .S..9u.,t.~9.1-..d- ............................................................................................................ ~$ follows: 57-1. Definitions. For the purposes of this local law,. the foll~wiffg words, phrases and terms a~d their derivations shall have the meaning given herein.'/~-hen nol'in~onsisteflt with the contexl, words used in the present tense include f~ future; words'used in the plural n~ber include the sing~Jlar; words used in the singular number include the plural; and words in the masculine include-the feminine and the neuter. The word "shall" is ahvays mandatory and not merely directory. AUTHORIZED PRIVATE RECEPTACLE -- A litter storage and collection receptacle of steel~ aitlIm_~lL~'n or plastic~ of ten (10) to thirty (30) -gallons capacity, with tight cover~ or larger steel container with closed lid. GARBAGE -~ Putrescib!e animal ai4d vegetable wastes resulting from the handling, preparation, cook~g and consuaaaption of food. HANDBILL -- Any printed Or written matter~ any sample or devise, dodger, circular, leaflet, paper, booklet or any other printed or otherwise reproduced origi~a! or copies of any maiter of literature. LITTER -- Garbage, refuse and rWobish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited~ tends to create a danger to public hea!th, safety and welfare ar tends ~0- create blight. NEWSPAPER -- A printed ~ubiication issued at regular intervals, including any periodical or current ms]gazine regularly published with not less than four (4) issues per year and sold to the pubtic~ commonly containing news, comment, features and advertisements, including stay "newspaper" duly entered with the Post Office Departraeni of the United States in accordance with federal statute or regulation. ~(!f additional space is needwd, please at~ach sheets of the same size as th~s and number each)~%~ /--- P~Rm-- A park, reservation, p!ayground, Oeacn~ ~-:' ....... ~ ..... ~ other public area 'in ~he to~ owned or operated by the town and devoted to active or passive recreation. PERSON -- Any person, firn% partnership, association, corporation, company or organization of any kind. PRIVA_E PREtVIISES -- Any house, building or other structure not owned or operated by the town, whether inhabited or temporarily or continuously inhabited or vacant including any yard, ground, parking lot, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such house, building or other structure. PUBLIC PLACE -- Any and all streets, sidewalks, bouleMards~ alleys or other public ways, and any and ali public parks, beaches, squares, spaces, grounds and buildings. RE~USE -- As defined in the'Town of Southold r" - o c~mance regulating the disposal Of garbage and rubbish. RUBBISH -- -Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings~ card- board, tin cans~ wood, glass, bedding, crockery. TOWN -- The Town of Southold. VEHICLE ~- Every device i_n, upon er by which any person or property is or may be transported or drawn upon a highway or public street. .- ~ 57-2. A. Co §57-3. A. Litter in public places. No person shall throw or deposit litter in' Or ~pon any street, sidewalk or other public place within the town except Ln pubtie receptac!es~or in authorized private receptacles for collection, or as provided'in the ordinanne regulating the disposal of garbage and rubbish. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a mariner ~as to preven~ it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. No person shall sweep into or deposit in any gutter, street or o~her public place wiihin the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons ov/ning or occupying property shall keep the sidewalk in front of their premises free of l_~er. Litter from vehicles. No person shall throw or deposi~ litter from any vehicle upon any street or other public place within the town or upon private property. No person shall drive or move any vehicle or ~ruek within the town, the wheels or tires of which carry onto or ~deposit in any street, alley or other public place sticky substances or foreign m~ter of such kind as adheres to the road surface. 2 ~ A. 957- 5. Au §57-6. A. Litter in ~a_w~-~.~,-,, beaches and bodies of water. _~[o person shall throw or deDo~zt ~LL.~, in any pawk or beach within the town ~ce.ot _n puD~c receptacles and in such a mananer that the litter will be ' '-~ carried or deposited by the elements upon any part of prevented from the park or beach or upon any streei or other public or private place. Where public receptacles are nol Provided, all such litter shall be carried away from the park or beach by the person responsible for its presence and properly disposed of elsewhere, as pro?ided herein. No person shall throw or deposit litter in any pond, river, stream or other body of water withLa the toy, re. Litter on private property. No person shall throw or deposit litter on any private property within the town, whether owned by such person or not and wheflaer occupied or vacant, .excep~ that the owner or person in control of private property may- maintain authorized private receptacles for collection in such a mariner that litter will be prevented from being carried or deoosited by ~he elements upon any street, sidewalk or other public place or upon. private property. The owner or person in control of private property or any portion ~hereof shall at ~1 times maintain the premises or that portion controlled by him free of litter e::cept when stored properly- in authorized private receptacles for collection, when such person shall have actual notice thereof or when said litter shall have been present a sufficient length of time to constitute constructive notice. I-iandb~ls. in public places. No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the town° 1¥o person shall hand out or distribute any handbill in any public place eyzcept to person~s willing to accept it. On vehicles. No person shall throw or deposit any handbill in or upon any vehicle; except it shs!l not be unlawful'in any public place for a person to hand out or distribute a handbill to any occupant of a vehicle who is Willing ~o accept it. On private property. No person shall throw or deposit any handbill 'in or upon any private premises which are: (!) Temporarily or continuously i~ipJaabited or vacant. (2) Posted with a sign placed in a conspicuous position near the entrance thereof, bearing the words "bio Peddlers o6 Agents," '~No Advertisements" or words of similar import indicating the desire of the occupants not to have such handbills left u_pon such premises~ or where an occupant expressly directs the person not to throw, deposit or distribute the handbill on the premises. (3) Ir2aabited, but not posted or subject to an express warning by an occupant, except by handing or transmitting any such handbill directly to an occupant, umless he places or deposits any such handbill so as to secure or prevent it from being blown or drifted about the premises or sidewalks~ streets or other public ways. §57-7. The orovisions of this ,= '~ - - ~ s~c~_on sh~ll not apply to the distribution of mail by ~_e United Stales Postal Service nor to newspapers (as defined hereinL ~-~' except that nev;spapers shall be placed on private property in such a manner~_ ~ z as ~o prevent ~'-~ being carried or depos.~ed by the elements upon any ...... ,, .... or other pnohc place or.upon private property'. Penalties for offenses. Any person committing an offense against any of the provisions of this local law sha~ be punished, upon convic~ion~ by a fine not exceeding two hundred fifty (2250, dollars or by imprisonment not exceeding fifteen (15) days~ or by both such fine and imprisonment~ The continuation of an offense against the provisions of this local law shall consti%ute~ for each day the offense is continued: a separate and distinct offense hereunder. §57-8, When effe ~' - ~his local law shall become '~ ' ~- - e_,~ectzve immediately as provided by law. ~57~9. 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] such judgment shall not e .... t~ impair or invalidate stay other ctause~ sentence, paragraph, section or part of ~his local la%v, L ~ 5stab7 ear, Ky tha~ *he !ccd! l~w annexed here~e~ &s[snated as local law No ..... ~. ........... of 19.. ~,~ '~;'"" th~ Sou~hold Town Board cf ~,e ~'=~ of Southotd was duly passe~ by ......... ~ .................................................................................. ~O~7~ ...................................... (Name ~[ Legislative eS ........... ~..~.$~. .................. ~9.~.. i~ acc~ance wi~h ~he applicable pmvis~ons of ~aw. ~ ] hare~7 ceXifythat the local !aw annexed here~o~ desi~a~edas l~al law No.; ................... 6f 19 ........ County of the ~/ c¢ ...................................... was duly passed 57 ............................................................................................ Vi!!a~ not d~sapp~ved o: ................................................. ~9 ........ sad was sp~mved by the and was doomed duty adopted on ........................................................ 19 ........ ~ in accordance with the o. ~ ~.~reby c~rnfy t.mt ~e local law mmexed hemto~ desi~ated as ~ocal law No~ of 19 .......... Ccun~ e~ ~h~ ~7 ~ .................................. was aslypasaea B~ the ...................................................................................... ca ................................................... ~ ........ andwas approved - By ~he ............................................................... em ..................................................................... i~ ........ Such ~ocat-law was gubmkmd m%h~peop~e ~ mason of a man{at,~ referendum and remlved the afl,motive vote of a majority of the ~ali~ed electors voting ghemc~ at ~he s~ec~el e!ecfien hs!d on ..................................................... 19. ....... ~ ia acco~ance with the c~!e p~visiens of that the ~ocal law acnexed hemto~ des/~ated as local ~aw No ................... of 19. ......... ...................................... wa~ duly passed By the ................................................................ on not dfsapproved ...................................................... t9 ........ and was approved by the ......................................................... on repassed after ~sapproval Elective Chfe[ ~ecutive ~[icer .............................................................. ~ ......... Such local law Being subjec~ to a permissive referendum and no r[quesdng s~ch referendum hav[~g been filed~ said local !aw was deemed duly adopted on ..................................................................... ~9 ....... .~ .in acco~ance wkh ~he applicable provisions of law. (City local law concerning Charter revision pri~posed by petitio~,) of the Cky of ....................................................................... .~ 36 having been submitted to referendum pursuant to the provisions of of the qualified electors of such city ' t' special , voting .ne~on at the general election held on the .................................. ................ 19 ............ became operative. (I£ any other authorized farm cf final adop~i~n has been followed, please provide au appropriate certification.) I further certify that I have compared the p~ceding local law with the ofiglnal on file in this office and that the same is a co~ect tr~sc~p/the~from and of the whole of such original l~a] law, and was mau) aaopted in the manner ~catedin para~aph ........ ~ ............ a~ve. .~e~aa~d b~ Local Legislative ~od~ Albert W. Richmond, Town Clerk (Seal) >,'// (Certiflcmion to be executed by County Attorney, Corporation C~unsel, Town Attorney, V~llao~e A~torney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ...... ~.~.~ ~.Q;~!~. ..................... i, the undersigned, hereby certify that the foregoing local !aw contains the correct text and that all proper procee~ngs have been had or taken for the enactment of the local law annexed hereto. (~m, ot omc~:) Robert W. Tasker, 'T'~'Attorne ~ ct Sou~otd Town ................................................................ ,M I N U T E S Southold ~o,,,m _no~r~ SU! ~,RV_ISOR _'\L?~ZliT ,~.'ih;ITOZCHIA ,YJST ICE JUS'I' IC_r]' ~2U! S- ALBERT l.q. RIC:~2.1Oi_~D Southold Town Board July 17~ 1973 ??.~ 7:30 porn. Sur, ervisor Albert ~/~rtocchia c~.~_led the meet;a=~ to or,Jer. Counci!~n 2J_c;~ read the ?otice ~-f }qear[,-,,,, ~.s fo!!~ws: PLEASE take notice tH.~,, ~n cc~n,.ect[on t.iith t~ze .3~ic-a.~i(~ ,~f tho ordinances and !~I laws of ~he T~vn of Soutbo!d, the following ~nd !~al l~ws were intr~uced at ~ meeting ~ the T~,.,n Boz~r,~ -n-f the ~ Southo!d held at the ~fices of the T~ Supervisor, 16 3o,.,th Greenport, New York: at 3:00 P.M. on the !gth day cf 3une, !Q73: 1~ A L~al ~w to Amend ~be !)on%fry prov~sions of cert~ir~ exist:in ordin~ces and l~al laws ~ the T~m of Southold . S~{_d l~a! law pr~ides that offe~]ses against the ordinances l~al laws enumerated ~herein be deemed violations with ~cim,~;,~ p~en=~_~ ~ a fine ~ $250. and/or imprisoneD% for not exceeding 15 d~,ys. The ~nal~y sections ~ certain ~ such ordin~.nces and l~al laws also contain pr~isions for civil ~nal~ies and/or injunctive relief. 2. ~ ~dinance to amend an ~dina. nce relating ~o a C~e of Er, hic~ and a ~d of E~hics for the T~ ~ .Sou~ho!~. Said ~endment clarifies ~he wording of Section 4, Violations, Southo!d T~,m ~oard -2- July 17, Article II of said Ordinance. 3. Aaa Ordinance to amend an Ch',l-;nance ~e'Tu!atin-9 %he burnf.:l9 o£ Said amena..~.ent provides for The issuance cf l_~ermits and the standards or conditions thereofo 4, An Ordinance to amend an ordin~,.nce regulating the raising and of ducks wiT. h!n ?he Tc~vn o{ $ou+~bold0 Sa. id a_~endmeni lowers the nu~]ber o:f ducks ,,,.:bich .,.aay l~ raised for ?~reo,~.~,_ use without a permi+~ ~rom 150 +~o 100 and establishes the requiremen~ for of a permit and the applicati, on therefor, 5. An Ordinance %o amend an Ordinance ?rohibitin9 and -~egulatin? t!~e posal of Garbage and Rubbish° · Said amendment revises provisions concernin9 the disposal of refuse prohibits the use of the town disposal z~rea for any garbage or refuse no~. originatin9 ~:ithin the Toi~n of Southo!d0 6. An Ordidance to amend an Or~inauce regulating the ta3~in9 and ?t-~e of taking shellfish ir~ the Tcn,,na of Southo].do Said az.~endment revises the definition of"shell~fish" to include b!u~ crabs and mussels and establishes regulations for the taking of suc.~: frmm tcn. wn waters, 7, An Or_dinance to amend the Bxca~ai:ion '?rdinance of the Tc%~,.~ of Said amendment exempts from permit requirements any sod farmin~ which remco;es t:,~o inches or less of topsoil annually, 8. _a~ .Ordinance to amend the traffic ordinance of the Town of $ot~thold, Said ameddment makes certain organizational chanQes within the and establishes new schedule listings for s-top signs and yield signs an,'_l for restricted, parking at certain streets in the Town, 9. An Ordinance to amend the zoning ordinance of the Tov,~ cnf Said amendment clarifies the wording of various sections of said ordina~nce and updates the penalty provisions for offenses against the ordinance. ~Cutho!d Tc~,m -3- ~u!v Please take further notice that public hea.rinc;s with respect to 1:he law _~nd ordinances en-':--;_'c!ed and described abc~.,e will !:~ held at - L ~ 16 South ~treet, Greenmort, .. ..... (,F~.ice, ._ , b'.Y. at 7:30 P.L;o on the 17th 1973 at ,,vh.~cb time and place ~,II iu'ueres+ed per~ons will bc~ given a~:~ c:r).nort~ nit-- coT. ies ~f the pro.?_.osed local law and ordfnances ;,re on file in the ~):Cf';c,-, c,:- the T~.?n of Supervisor ;,~nd in-thc CY;fice of the '!:ov:p ~'lerk, where Zhe sa:':..~ ~.,,, -~,? inspected during office .hours. D,~ted: June 19, 1973 have ?ro~f thk, Z this notice :-.,'~.s ~,,f-.7..Jsbed in the ~t~gfc/~: Times, thi~ :,,;~ ~-: al-t.~sted to by" -~' . ........ 5uper~yisor ['L%rtocchia: ~],:.o in the '"Y--,,o'~!er o:,[ Joutho]~~ a.[~, e:<tr~ ',z,~.TM the. t r:e use. ~,'e have ~2roof_ ~ i'[otf_ce ?ested :[[~_ -i:::e ;.for:n Clerk's : · :~.~-chm. on,~. sworn to -.~d +~o: ............. ('~m~men~ o£ 't_!-_.u S~u:+-oi'.: "ou:~.., ~]'~nn{,'~. be-~a~t--:.'.,'~+ lc. ,.';-~.-.. this m['.*ter to local rJetermina, tion. ~..'e have noti!-ied the Town of P, zverhe~:~, ti-e T~.:n of.__ Shelter Island: the Town c~f SouthamI:'con, the To-em of Easl: !tam, ton, ar.d l-l~e Village of Green~ort~ the Village czf Deering :-Lgrbor~ the 6,~fo!k Count? '£ommission~ ....... ".Y State Department og Parks and !:ecrea*~on, and Suffolk County, De?~.~ ~ of Parks. They've all bad proper notice and everythin~ J.s in order to start dis- cussing an;, ~ the ' ~- .. ].te .... that ,-ere read off° The :,'floor J.s open to anybody who v;i_s'hes to discuss any o:f tT.~e changes. Ed F~ruszeski, EaS,~.~u~.n: The amendment ~,o ~he "shellfish" law. Is that changing it to include b!~e crabs and mussels ~vith no regulations to size or ~nyth;_~:t-" Robert Ta. sker, Attorney: As to blue crabs 'there Js a size limitation: :in6_bes from point to point, and one-haLf a bushel a day for non-comJ~ercia! ,pur[,cse~ and female blue claws: with a9~=_ ~ visible called "s~,r~,e. --_~ crabs", should not be ta~e~,; ..... and e.s to mussels, Ed F~uszeski: ~,.~ait let' , s not 9et into mussels yet. How abou-t non-residents? Judge Surer: That hasn't changed. .~hold T~,m Board -4- July 17, !9Z3 Co,mci!r-an Ho_ma.n: ~...'ell, we include blue crzbs, no blue claws, clams, sca. l!ops~ oysters, in other words, you've cot to have a license to 'taHoe ant' ~'"~f these, so non-residents would be e~':.Yected. Ed [~uszeski: 'You don't stipulate :t there thcugh in the .... ,-~ ~o becg,,_lse 1,~ a.~9~(] it to read, net only ,"; Counciln~n Homart: Ye~ ~ _.~ , .... .. sc~l]ops and oysters, but als6 blue crebs '~ -~ ~- ...... ,'.5c~ l%l. lSE~3.~, shedder or a ~e!er~ you say five inch, there is at the ~esent Z3. v,e~ no lay on the b~ue crab~ ~n New York ~te. te, . ..... j ,- state had which ,',~¢ ~i,.e i~ch for the hard ~t]c';i crumb, for the shed,~.,' or _ was three imch thaT's a sof~ 5he!! crab wi-th th~ ]~rd at,eli wi~:h it. "?t~.ce it wi]~ gain tho.~- 1./2 inch~ and for the ~ofT crab~ three and cae-half inche~.. . · Counci!~.n 1.2om~n: I don't: thinic in ~r,>, own personal opinion, tl~a~ ..~.'"--..~:~,~.L!. ;. crabs are th~.t much in abund~.nce, *.h~t v,e should lower our limit to ~mc lude v,ben you 9et a hard cra. b or ~, soft crab: i't'9 with a hard crab. Now tha't cr.~.' goin~ to ~ ca,ut. If you don~t ~ake that crab~ what are you doing ~- ~o ~-..-: ~-'~ once you thru, it into the boat mad that other c~>b chews it all to Councilm~n Ho~n: Well~ I would like to think the 9o~t p~opa_e o] T~m when they came upon ~bat situation~ would put both of theav, back~ Ed ~uszeski: That's v.hat we tried '~,~ Cet: I bc!ieve it's ?:,aox ..........7'm glad the T~ Board has ~inally come up with ~ h],,c-, crab '..avz. 2ut, ~ ....... ~,~"~- kn~%-, ! think we should 9o tl'~e same as the state because +~= o~t s;-.~] ~ ,:fa}, you 9et it~ it's Odin9 to die, it's going to get injured Judge Surer: The state didn't have any regulation Ed F~us~e~ki: The state has dropped it. This is the old !aw th~r -':~.e Judge Surer: It doesn't have any control Ed Krus~eski: ~Io ii has none at al!: the Town has no control° '£he one around here that has any control is Shelter Island. crab. .~old Tc~{m Board -5- July 17, 1)73 Judge 3uter: '..'el~, ....... t'~,.~'s ,.'~,,'. ~, we c,~re :-~.d,!~.r~S, to J.t~ ste. te has none 2. t a]_!~ none. L~ !~usz~s]ci: The only q-hin~ the '-"t;~-e ;~ ;~ the _ - ~ ......... · T ....... :"o',~c~ ~¢~e -to see t}',~t .... =".(_~n_cIw~...i,t~, - t~e[~e ]~o :i. nc]ude__ -~he s]~edd~r ,':t:~' '~:'e ~o:_'" -- boi,w,., de~tro~,e('], ,.~,}~, ~.~;rn.,t ...... -,? ~..,e]_._l take ::.*. .........?:- ': .... "- ,,., t :~;~,-~-- iz~ -r;,¢ .... --,., .... - !et [.t ....... ~ .... ~ ........_ ~ ............. ., :.~ .-,r ......... '-~ · That'~ not ~-~o 2, o:;~t ;,a~,';~,d ~:t:,,~ ?~,,,.-~ a.t certain ti:~e; of the :2o:r~]: you :,.,i!) cc:.:,~¢ :~.crc,,~s 'th-is more in ~.bundance ;rd l'~es::,~slc~.: ':'_mother i~oinl:, v'hen .? ~_:-o--~s.3n '.,~s ',,?er,,-: ~o:c ~ >:,~ .=--...<.':'.: ,to the Ba;,m~n's .",ss.~iat-;o~, ~nd ;,~Iced ~_:,_T ~..:o wo,~id ?o over sone oY the 'Jreed the -~.me as *h~ 5t;~-t- ha.d. " the~-, -' , ' ......... · - ~ ......... . .... ~ .. ~-,;~n,r '.'~{th the st[,*-e law. Council~an Ilo~n: '.':ell ~ we'v~ get c,.,crytkin~ as the Si~, te J.~.~.... ehtception ef the peeler cr~kb. E.d iC~usze3~<i: '~he peeler and the sol t-shell Cotmci!man ~iom~: Oth~,,:~e we h~,.,e ~ot '{t in :['t~ entire~y i don't ~v h~,: ~ny ~f the people in the audience feel about it, but I don't it's that bi9 ~ an issue. To ~gin with, you've got to educate the ~o?le to a peeler crab is. You ~, and I ~ow ando,-.rv.-5'-' 4 ~zn~.~s, but thc rest Board df~sn't even 1va~v. i~ou can't pass the l~tw tb~t ~ople don't even understl,.,-~d. ~¢h'o!d Town Soar,._'., r~ "lly 17, 1973 Ed :Iruszeski: Lf them people don't P. no~,, what a shedder or peeler , .~nd it doesn't measure =Jvc inches, they ~.~o going to thr~.'.~ it ~ac'~: L,u't tb..~ ,; .1-,~ ..... ~4,ar'.._~.., ,:,¢ crr,:~ ..... t~,:~t w.e ~.:.r~.-,.I~t~ becauso i..~. ~ cJzy ~:5 ,ao~I~~ to shed. zn,~ ,',~.'c. c~ot.~ . ~ soft shell Counci!_~.~.n I{onan: '.;ell, I do,_'t knov_', we'll discuss thai Give yo],r r..a?:+, to the steno~ it three ~nd one-Nh, lie in~.~,~ ~-~'St ~??e!l: but ,.,~u",¢ oo% two d~erent laws ........ ~ - .~ .. .... they ~re goth,-; to t.~ke 'the three and one-hal:? s.l:e!! to, o; but Lt' you h~,.,~ the "';_vt. inch lav:~ that way '~,, won'-t ~ake ei, th~r one o:.'l .N~, ,. Ed ."'.ruszeski: If that person goos dowu into t;~e creel: z, nd :lo Superv-.":or .~:=rtocchia:(calling for order } ~.,ie'rc: not out here with the.~n~o~ident ........ and ~.~ic~.-pvosident of the E~,,,men's....sgc~gi~tion,' 4~ th~.,., ha,."~' differences~ they should set*!e. *h~ .... some ~lsce ~se Let's stick to tl-:o i .... ~,,-- will t~.~.'_e iht,) .~onsider~.{icn ever>,thin? :,o,.,. ,-a .... ? 'nentione..l, it cannot incorporated in~cc the meet'{ng tonig.~t,but if v,e settle dca?n, we will give 5"- +'. .... .-.3h-:.. ~nc!udes '~-;~-~ shei~=' ' / ...... =__._et ~_n.~ else c,.~'.7~,~ u.._.; ,,o:. ...... :,_s.~.'. and -:,,,-~ inch crab~ n,~,' ~'nt; ] ~,~-, '- ' ,'~ cannot take a soft shell which is three a~d one-b~l.'f inches: or you cannot ~a_l.:e :'~ .peeler. Anything less tb~.n 'five inches~ you cannot take° l;iho is 9oing to eP*'orc,_ Super~.,iuor ;5~.r-~occhia: !Tell: I o,,~.ss yo~ will {_- the creeks 7.~,-,,,; .... will do Ours as r:ucb as is _.bu~,~anly possible. ".'e only have so many legs, so ':~an>. that we can trust the P~.ymep to give each other a fair shake~ cheat on each other, in other v.;ordso Councilman .'-{oman: And by publicly posting these notices in conspic5 p_l. aces in and aro, md the waqer, we hope this will sel.f-educate £°uthold To~n~ Board -7- Superviser r.~.rtocckie: I believe you co.~ments have merit° William Y Terry, Environm. en~al Council: I :~,ou!d like to read from the North Fork Environmental Council: July 3.7, 1972 Couthcld To~u~ Bo.~.rd Office of the Supe_~visor Greenport, 11944 '~ent !e~en '. I am ~riting in regard to Public Heard. n? to ~-e held on the 17+.i? cf 7:30 Po?4. on ordinances and local law that were inzroduced on June 19, be specific, #6. "Da~ Ordinance to amend ordimance regu!~ticns of the taking and menner o£ takinQ shellfish in the Town of Southold." We wish %o compliment the To,nv Board for the additions to our ordinapce regarding shellfish, but ¥;e do urge the fo!lo.^,ing reco~mendation to be considered: In regard -to taking mussels for. b~iT from the bogs on inland waters, we urge that not more than 1/2 bushel to be taken by hand, nc forks or rakc~ %o ge used, as..to prevent the bog from being distnrbedo Also: Considered/ion should be given to the possibility ~f removal of shellff_~h by permit only. The charge for such permit could be nominal, $1.00, ~nd simp!ifie,~ by using triplicate card system. This is beim. c done at this time successfully on Shelter Island. Permits ~:ould be for all Perm~nenZ: Temporary Residents, ~he guest permit to be used only when accompanied by a permanent resident. Respectfully, Lorraine .5 Terry Pres · Counc i 1 S~pervisor Y~rtocchia: Anyone else ~'ish %o speak? Joe Sullivan of Cutchogue: I ¥~o?~!d like to ask a question e.bout the residency requirement, the ne%~spaper article says 60 days would be construed permanent residency this dealing with the corrent legislation, I wr~uld sug{~es t tha~ possibly %~_$~ New York State resi~enc5, lax~,s which currently state a person may become a bonafide resident within thirts, days living in a school district or Supervisor Martocchia: I think what you are ta~d~.J_ng abou*~ is for di£ferent purposes~ like voting and so on Joe Sulliv~n~: Well, wha~ I am saying is that I think this provision can be challanged in the courts I question why residents are given thirty days in most other cases and sixty days here doesn't this discriminate against people who do live in the town and want to become perm~_nent residents, they have to w~t sixty '~.outhold Town Board -8- July !Y, !979 Joe Sullivan (cont.~: in order to clam, but they c~n vote in thirty It doesn't seem to make sense° Super~:J. sor 5~.rtocchia: I think d~_fferent levels ~f govemr~,.en~ set their time elements o I think the state of New York might tell you ninety dz~ys before can vote C~neral discussion amon0 the audience Superviser 5'L~rtocchim: %'~:e don't xvant ~o~uebodv come in for forty days fer summer and t-~ke all our livestock. Any other que3tions on ti, is I~art of +~}~e Anyone else wish to be heard on any E~tter£ that ¥~ere advertised for this ~.~r~icuiar hearing. K~nneth Tabor, Chair~n Board of Fire C~m~issioners: ~%bout a month ago, our goard of ?ire Core_missioners received a letter from our Fire Dept. that at their meeting it was voted unanimously that ~ve the Com~?ist~ioner~3 that the Town Board take under consideration one side of the street parkin~ on Orient Village Lane. '?e as Commissior~rs voted unanimously that This ~.~;~s ,~ vet,; necessary change which should take place as soon as possible. I then Louis Demarest and ~ave him the t%,:o !et*.ers, one from the Dept. and one frc~ Commissioners. .He brought the ?~atter uI} before the Town Moard and they decide~'} hold a hearing on this matter, so here ,~e are. %.Se would request that t~:ere Lwe side of the street parking on the %¥est side of Villaoe Lane, from Orchard ~t., to the ~onu~ent at the north end ~f Village Lane, s!so one side of tke street on the east side from Orckard St. South to the dock. This would make it easier for the Fire ~rucks ~o go with the flow ~f traffic on the right side of Village Lane in which ever direction the trucks have ~o go. Also with the ~erking as suggest, people can park in front of the stores and the post office and s!so in front ~f the Historical Society buildings. As conditions are today, our fire truck simply cannot move on Village Lane. The chief has instructed the fire company, that in case c~f a fire any where on Village Lane, other alternate routes are to be used which, ~f course, will delay the fire company getting to the fire as soon as possible. I am sure you realize .oUthold £'o%~ ~oard -9- July 17, Kenneth Tabor (cont~ ~ the importance cf the first five min,~tes in fi~h~ a fire. ~her factors concerning The congestion on Vi!]m~3e ~ne is the s~e-ty ~ the children congre~atJ, ng at lhe Post ~fice re. nd the stores. They are cons~ar~tly and 9oing on foot and on b~,cycles and at times darting out in~o ~he road~ Considering all of The able fac~crs~ we ~.~ember5 ~ the C~ient l~ire for an early favorable action on this 5u~isor I~r~chia: Do ~,ou have a copy >,Gu ~vish ~o subm.[t to the ~e~h Tabcr: Yes:-~ ~hink at ih~_~ ~'~e, i~ would be nice to bear ..... our Chief. El~rt Luce~ Chief: Relating to thJ_s letter %vhich was composec] by ~ approached the Co~.issioners back 2 or 3 months ~go asking for these rcgula-tio~-3 simply ~cause ,;3e have purchased within the last year z, piece ~ fire equipment. The truck, %?ith the traffic th~-t is l~arked on %~il!age Lane, cannot pass through that part ~ the Vil~e. So, you see for the s~ety of and pro~rty along Village ~ne and next to Vi!!soe Lane, I feel it re~.!!i., f ~ imitative that this regulation is 5u~rvisor [.'~.rt~chia: Thank 3~ou. is 'there anyone else zvho %vishes s~ak on that subject? 3Ge Su!].ivan: % might back up what thes~3 people are s~,yin,-3, I hap~ned to come out ~ the lane where the fire house is one day last ~vee~c~ and was driving an PlO0 pickup truck which is ~ little big and there were c~.rs on both ~ides ~ the street~ and as I rounded the corner in the trm~-fic iane~ another worn was coming along the street and ~!most collided with ~] truck~ it ~ard to pass by. Su~isor 5~rt~chia: Tha~ you. Yes? E!oise Nork!un: The ~n who usually s~aks here isn't here. There ham been some opposition~ t don't ~,~. In the way of preventin9 enough treff}_c to stop at stores long enough and within a decent distance to ~ke purchases, 'Southold Town Board -!0- Jul;., 17, 1973 Eloise Norklun (conto ?: will not effect our business even though it block off our front because we have an entrance from the back. It's for our use of course~ but there maybe somebody else here ~,,bo does feel theft it will hur~ the business. Supervisor r"~rt~chia: %~k you, is there anyone else~ P.'~r. Robert Dou~!~s~: ?~. Chair~n a~ the 2oard, I am a member of the Fire Department, Eoard of Fire Com~_issionex~, and also ~ hea,,~, machine e~r~tor I feel that this ~s m very serious matter for more 'than one reason. The waS' situatiom is n~;, +~ey .... ~ouldn't'~et_ *~ ....... either f~re, or life or pro?arty J.m area along the village under most hours ~ the da~.' end all hours of the evenin? and.a m~_tter of five minutes to ten minutes vfou!d -aore time than you could affor(~ if there v;as ~ny !~e involved let al. one property. I can r]uarantee yo,.~ ~,~ cf in tra~elling Village Lan? -~,r ~,- tines tod=, ~ = h~v~ at one point '~ minutes to get bet%,.'een t~'.-c cars tc get .[nt~ tire ne~t !J. tt!e ~s!ot~o i3arlc to wait for so~e more to go through . And this [_s the only vzm~y tha~ ),gu can Village ~ne, ...most ~}f the d~.y and most ~ ~[!e evening is by running the ~!ot bet~,veen The ~,arked cars. ! don't think this would have any adverse ~ffect on anyb~y's business. Business v~ize, we are all going the same place - it ~ us a little round =bout ..... way to get to the ]~ %,~s~nes< ~ ~]et~ on t%~e .... r;~ ........ ~ the street~ h~qever, ~,zhen These firemen are co]ni'~, to fires or ,.,.,hem ,,,~ h:%,.'~2 ~,~t the equipment out ~ there, or the emer2enc~, ~,9D, tl_e~ emergent .... ~,~o.-] more importsnt t~sy. ~e enerL~enc3~ v;~gon i~ u4ed '~e~. ~i~es to one ~ the f~[.r truck. The emergency wagon has .been pr~ed ~o-~_. . .a he~,.rt attache: i.f he '~t_,.,t~ ~',~, t~i ten minutes to ~ait %nd I c~ guarantee that },e v,ill~ ~ he has to wa. it, it m_ean s~ebody's life. It is very imperativeth~.~ ~.;e cl~ange it and it won't: anyb~y, ~.t won't hurt anybody and it ~,ill give ~he e~uipinent the right ~-o go ~ i$'s ~ lane the way we have suggested the parking. Su~isor [~hrt~chia: ~a~ you. Anyone else wish to speak. . . '.,,]thold Town Board-11- July,_. l?, Eloise Norklun: I don't want t.o 9i,,e the impression that I to ~h~_s because ! sm noT. 5%, family some of thc~.~ live ~cr on VillaQe Lane. ever I wonder if it c~ he e~orced any be~er than ~-;hen we had it f~{, years bo.ok? Su~.,isor 2.~r~chia: Wel~ ~ reports tha~ cone back ~o us~' ~ %ge feel it fs no~5 being enforced proper_tyrone assign a s~cia! ti:ere for a, vbi!e, un~:'ii ~¥e bre3~< so~e E!oise Norklun: Well that v;i!! ?robab!.? help if you can Su~m3isor l'..~r~chia: ].~. Torts'? Bill Terry: Gentlemen: In r~gard to ~b!ic }~arJ. ng to. change to one side ,~,/ the ~ uroe the ~oa~,.] ...... Vil!a,~(.~ Lane ~ street pa~,9 {.n the Village ~ Crient, .. - the proposals and reco~aendations as set forth '3~, the O~ient Fire E~pt. not on!l.,~.a fafe-~uard which would en~.~!o the ~'{re trucks to get to a fire quickl~,, and as safeT_.,~ as ,~os=~b]e, but V~ ]]ace~ ..~..~ ~_. ............ ;, narrow road%';~>' i enough ~o accor~zod?.Te tr~fic north and sou<h in addition ~:c, l~arking cn sides. I "feel it is almost a ~ru.c!e that no serious acci,]ents ha~,e ~curred. In addition could there ~ udder ~he ~dvisenen~ of the 5outhold T~.~..n ~ept., ~. policy used to circu~avi~ate the-f!~v of ir;_~fic around the Thank you ;for your cons~.derationo Respectfully submitted, ;~illism Y. Terry, Jro Supervisor ~'L%r~c~chia: Thank you. £~nyone else, Pete? Elbert Luce: I ~ould like to make one more quick comment. This re= commendation from the Fire Dept0 and the Board of Com_m/ssioners was unanimou~iy reco~_mendated by the t~_partment. Supervisor Martocchia: Anyone else] Floyd Fd.n~, Orient: In f~vor of the proposal for the safety o~'_- the people using Village Lane 365 days a year, and not just the times the equipment uses it. ~ld I think to support this: the Town Board should provide parking si.l, ns patrols, and anything else it takes to enforce ~his. .'~thold Tc~%~ Police -_1.2- July ].7, 197'3 Supervisor }'-~rtocchia: Thank you, anyone else? 9~ver}.,one ba~.~ oppor~unit5, %o speak to this hearing on the subjects %ha_t ~qere noted? We d~lare this hearing closed, the 5oard ,~il! m~,!~e a. determinatio~ on la,er date~ we'll take a tw, o minute breather, I~eth 'Yabor: Z would like ~o ~sk one ques~:'~_on. If the '..~o~. favornb!e on this n~tter ¥~hen ~il! it be out into a:f"~ec~? ~.~e ~,.,ou. ld !~>~e it not drao on and o,] and' on. Ro~rt 'Taaker: '~;'3e!l~ if, ~,~hen the ordinance is adop~ec~,the it has to be published ~_~ your l~al paper for ten days ~.nd tt~en it beco~es ~fec~ive ten days ~%er ~cbe phb!ication ~nd ~lso it has to ~ posted ,..~it;'~ it can't beco_~e effec~.ve until both the enactr,~nt 3nd t~e posting and signs put u~ ~ Then it becom_es effective~ Supervisor ~.~.r~chia~ C;~!I the second hearing to order. E~.n will read the legal notice~ Councilt,~?n !{o~%n: PLEASE t~.ke notice tha~, in connection preparation of the Code ~ the T~.,.~ ~ Soutbold, ne¥~ .proposed !~a! laws, ~ncluded in ~he codification were in~r,~uced a~ a meeting of the To~ Eoard o3~ the To~ ~ Southold held at the ~fices of the To~,m t~u~rvisor, 16 3outh Greenport, New York, ~t 3:00 P:H. on the 19th d~.~, o:f ~une~ 1Q~3 as !. A l~a! ia~? to pr~ide for the con~ro! of litter J.n the T~,m of Said l~al !~.,~ prohibits li%ter in public p!acec; ~itter fron vehicles; !it'~er in parks~ beaches and bodies of water l litter on ?ri-;a~e pro~rty; reg~a~e~ distribution of handbills; and estabPished ~nalties for ~fenses~ 2. A l~al la%,; to Dr~;ide for ~he licensin~ ~d regulation ~ pedd~erc and so!ici~ors ~vi~h:[n ~he T~ of ~id l~al la%¥ requires the licensing of ~4dlers ~d solicitors; esta~!i~:he~ application requirements, pr~edures for investigation ~ app].ic~ion and is~ue, nce ~ the ~r~it; establishes a permit fee and license conditions; imposes varieu~ restrictions on the opera~ion of ~rmitted busisess activities; and provides pena!~ies for offenses~ 'a~hold To~n Board -13- July 17, _!973 !egal notice cont. Please t.-_-,d~e further notice that ?ublic he~rinos with respect to the laws entitled and described above will be held ~t the Gupervisor's Office, South Street, Greenport, ~,lew York at 7:30 P~:'.'!. on the 17th day of July, 197~ at time and ~lace all interested p~rsons will be ~ive~ an ol)IJortunity to bc Copies of the ~ro?osed local laws are on file J n the office of ~he bupervi~or and in the '~!fice of the To~n Clerk, where the same may be ~.us't~cteci during office hours. Dated: June 19, 1973 TC~.',~N OF SOLri2HOL!) _ _ . cU ~mblic~,t:~ o:.~. I have ~roof ~f Dublica%ion attested to by Stuart C Dorman, :in %he.S~folk Weekly Times Su~,~.sor [~r~chim.: ! slso have proof of publication in the Trave!!,'~? ~ Sou~ho~d and affidavi~ of D.!bert ~J_ChmOnd; T~.'~ Clerk that was I>osted on the bulletin board sworn to. A% this time I would like to hear from anyone ~.~,ho ~o discuss ma~ters on the !i~erin9 ordinance. Roar% Reeves: D~s this include the trucks that go back and forth the dump? Judoe Surer: It can, but it is already in the Vehicle and Tr&~Zfic ~..~., Robert P, eeves: Ve!l: we have numerous calls about this, au,-~ by the zL~e the police get there, they are already unloaded and we have several bad offenders Sbedrick is one of them° Supervisor ~.~rtocchia: I think we have something in the Refuse Ord_~nance that covers that. ~nyone else on the littering ordinance? Joe Sullivan: I have a resolution of.. tMe $outhold Town [~mocratic Co_,n_~ittee that was adopted last night~ may I read it please? Supervisor ~lartocchia: Sure Southold Tc~n Do~_rd -14- July 17, 197~-3 Jul,~, !6, 1073 Notice of '~=olution ~animously passed b~ Jou'ghold T~n ~ ~esolved tha~ the Son,hold To~?n Dem~r~tic Committee is op[.~osed to adoption ~ ~n.~, proposed ordinance or l~al lax~s which would, in an~, res~ric~ or ~ecu~a-te_. _ ....... ~he c{~c~ion. .......... and/or distribution (~ polf'fc~.l , and literature an~..,here in the T~vn of [3outhold~ or ~o any ~roposeJ loc~{l. ~hich would in anl/ %~;ay interfere with the elect'ion disTric% acti,.,it~.~-, ,;~.or door canvassers, Telephone canvassers and candidates for office. ~ it further ~esolved that the Southold Yo~ ~m~ratic Co?u~ittee the proposed standardiz~.~ion~ on across the board basis for all fines or sen'tence~ for i~ractions ~ local ordi~nces or l~al The ide~ here ~,~ss thai we'd hate for i~ to be e~orced where one guy for murd.er and another ~uy ~or littering, and they ~3o~h ~o~ the same sentence, i thin~f the sane concept applies lo !~al iav.,s. 1%¥ould like to read a ?er~:onal states, tnt too. "I ~ould like ~o poin~ out that the proposed !~e..! anti-li~ter an~3 sol~_citor legislation, as n~, ~'.,ritten, could be misueed ~o ii~_~ The politica3 freedom and right to free e~ression ~ l~al residents: particularly v:here l~a! press is biased in favor ~ the political party in p~.~er~ ~e political leaflet or h~dbill is in the finest tradition of Tho~.s Paine~ Samuel ;~ams~ Patrick ]4e~y and other Patriots of the American 2evolution, and be!i~e the freedom ~o distribute po]_itical le~lets end o~her literature nust,/be i~ringed up~ by any !~al legis!ation. ~ the in~ent ~ the proposed l~al anti-litter legislation is purely to ban litter~ I sub~t ~he sta~e already has en~i-li~ter lav~s end appropri0te Perhaps ~he ~swer to li~ter is not new l~al legislation, bu~ the e~orcement of existing state laws. Su~isor ~r~ch/a: D~s anyone else wish to s~ak? ~outhold T~vn !3oard -15- Julv!7~ 1973 Eloise Ncrkl'~n: !'7ould thi= ..... 5. nc~,,dc o~ucb things ~s po!J. tical hand- bills and cards, include little sewin9 ]tits, or mirrors, or little co.~_bs or wb~ have you? them out, Judge CuTer: ~_f ',you are thro'~,:in9 them around, yes, if 5. o~ are hanc:ina _~obert T~.sker: ~.~vbe I can clor~',, the handbill= ~]].oise ~.~ork!un: Please do '2o~rt Tasller: The handbills, J_t doesn'% prohibit handbS!!s, here'.- what it sa~,~:_ "7!andbills in public place~3" No ~er=°n sh~ll throw or de,os; ~._ bandbi!! on or u?on any .sidev;alks, street,s, or ozher public ?lace with-iD J~]-,e in a p~blic place: !'Io oerson~ shall_ disirib,,te_ or hand out ally handbi]_i/'exce~t. ~ to e. person %~,il ~._~n~_. ~-o_ 8cceot ii. In Vehicles. No person.-shal~ +~r,~ or deposit any handbi!.l i.-~ c,~ snS, vehicle except ii'. shall not be unlav~fu! in [<ny public p!~.ce for a to hand o,,t or d!str~b .... e a handbill to any occ,~%~nt ~i a vehicle ~,:hc is v.~_~._nt~ %o accept it ?he ourn~ose ~ to ~event ~he l'~tter It doesn'+ ,~'-';~ ~istribution. i'[ov,~ on private pro~rty , ilo ,>erso~ sba!! t~ or dc~,~c~!t any -cc n h~ndbi!l t__~ute ~ __ . ~..~r.. a ,~,,or the *~',n. ~,"1~~ ;-gu ---- tribute handbL~z ~-o hous~,c as long ge 5, gu --ut tho,- ~n =. ~!ace :,E,,ero, thc>, ,.:i' blow away. So it has no ',~'obibition Eloise Nor]:!un: One more quesZion then. /.~e canvassers or door- salesmen , or gfr~. scou~ cool:~es, so, Supe~,isor r.hrt~chia: ~'~ have another ordinance for thnt rJ_~ht f:5 cf ~his one E~p~se ~ork!un: That's not in The sam~ ordin~ce then, 3~ Sullivan: I still urge regardless ~ what the Town ~tttorney h~_~ said, I still believe the legislation can be mis construed and I urge the Eo~d to revise the law to exempt political literature from the ordinance. t~t way you are going to solve furze problems~ because the laws can be misconsirued, ?~hOld Tc~,~n Eoard -iL- July i?, 1973 J~e <','~i±van (cont.): they can be ff.nterpreted by various peol~a ?c different thin~s, we see it happen every day. There's no use gettin~.~ into these types cf si/uatio:~s~ And ~urthermor~ with 5..o!!tic~,! ].eagle/ling '~ one had to down to ~he 1~ ~] ~.';n hall to request s ~r~+ t~ leaflet ~o you c~,,]d ~o around !~8! neighborhoods to so!ici~ supDor~ for a ~olitical p~rty that t~.k2~ ~?~ay eler~ent of su~r; .... You go in smd ~-~ey ssy ,,-,,'~ ~ot to ~e~k ,;o~r ]~tere~ .... - , ~obert Taskcr: l,~e ~r~i; is recruited Joe ~'ullivan: I ~1 talking about the so!felting that is co,'~in~3 u[> laws . Ir, Ut I do believe t~:a-t both these/can be misconstrued and I urge the beard to -~olitic~.! ~-;te~.i~,,r~ s.n~ s..ce~v{'t';~s ~.'-~{-,~'~,-a.~l~, ~o tl-e~ is no ,lues%i.~n. Supe~': sot W3rtocchi~: Everyonc h~..d an opportunily to be heard on proposed littering law? '. 3e, rvis Verity: ~ ~he bead ~ ~3ound i{oad there~ inst~a.d ~ i~:~ting t>~_ 5t?~f in the c~.ns, they spmsh the bottles smd /hat's bad. Sometimes they throu,'33~ them ~er the be.~i and !~tt!e ........ lcids wun ~.._..n ..... the ba~ ~.nd get cut. Now som. e~.n~ should be done about that there right Supervisor '~.rt~ckia: It is ,~ l%~-..rd thine; to say, but some of our people ere I' I_ "~ ._.." Oke.-,.: has everyone H~,F' ...... thc chance to~eal:, on *:~e. . .... _o~=.~., .......... the ordinance. ~ ;~uszesl-:i: Just one question. '/ouid this littering include al! waterways, onr creeks and ell too? Supervisor r~artocchia: Yes. No,..~ the board :,..'ill close thi:~ hag. ring this time for this part here, the littering end 9o to part 2 which is · .-.~nd peddling. Counci!p~n IIoma~: ~s. ~?or!clun: in reference to your Girl L-cout.s the law on peddling and soliciting has article 12 8ny recognized non-~rc~i*~ religious, charitable, educational, civic or political organization, 2-any ization such as Eoy Scouts, Girl ~gcouts, or local fircuen, these ~.re .~krs. _~[ork!un~ further in the. t m~tter, nothing in this local law shall a~-,p!y to; = ~%hoid T~] Board -17- Co, mc!~-~_._a..~ '!o_m. an~ (conT.) 1. Sales cond~ct-~d .... ow .~?ursttant- t~ ~t;:~-',tc~_ sales or deals in such ~r~icl~s 3 5ierchmnt¢ bm. yin9 an ~-stab!ished ~!ac~-~ business within the ~o,~, or Zl~eir emp!o,,,ee-~ z. Peddling of nea%s, -f~s~, frt,.'~ . _ ~ -- ~ · .~ .... or similar..Produce ~,,.~ ~morS,_. ............ n~ ~rson~ l'~',o 9~o(~u,2~ such ~or~,n~)d~T~e~:_.. . ....... in ~ail.k kalced coo,-Js~ hea~;l~]r~ oils and ,~=~,, !leV.;~:,~-,,>erl: .}. License, brokers. ~hese ore all e::ceoted. on this, _ Su~,isor.¥'L~,rt~chia: ;,.n,,o-~ else v.,isJ] to _s~,~-~'-°~ .-... .. c!ari-~ic~tion in anybody's mind; an,, r~uestioll.s ~.,ou ,,'~llt to re'sa: To ans~-er Jf~"o~' .... rlo, '~-'one._~ e].s~ ,,~cb.. to s-~a~< c,*~ th_L=._. ~roFoser]_ c!'~n5'~' cz,~ ...... The hoard closes ¢t~is '~._p.-.ring for ._~ dete,-',.'¢-~;-,'t-ion .......... which later da~e Tb_a.~c ~,o,t for listening s,~ NOTICE Ple~e take notice, that, in COUDO~hm with preporatJon of new propmd local'bws, to be intnxlu~M at a meetln~ of the Town Boar~ of tim Town of C-.~mUlX~, lq4m' Yfrk, at 3:09 P.M. m the 18th day of Jtme, 18'/3, as fdjow~: 1. A ~ kw to iwovtde for the omtnd of litter in the litte~ bt ~ plaem; litter litter on re.date9 the ttbtrll~tlon of p~nallies for offen~m. 2. A Io~al law in pa~*Me for within th~ ToWn of Southold, sollcl~rs'. ~: plication ~, of apldieatbJ ami itmmmeo of ttm iMrudt; estfd:/idum a permit fee and Iiceeme anitiom; rmtricOmm as the eimwi/m of permitted kmbem a~- tivltleS? and provides Plasm MIa fuflbmr notico flat the local laws entitled nd ~ -~ .tm'~or's ~, Ill 1073, at wliich thne 8~1 dj COUNTY OF SUFFOLK. STATE OF NEW YORK. ~ ss: Stuart C. ~orman being duly Sworn. says that ...h~_ .. is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published ~t Greenport. in said county; and that the notice, of which the mmexed is a printed copy. has been published in the s~id Suffolk Weekly Times once in each week, for ....... .o.n.~ ................. weeks succussively oommeucJn9 on the ...~.¥~.n~;7..~h.~l~ ......... day of ........ ~ .... ~~ · ~/~/.~.-:. ~ .~..-..~.:/ ....... Sworn to before me this . .~. day of .. ].?.~-~?./..:..- ~9/.~-.. / ' ~'~ '.~¥~ffr~o£- ?9~/N~[~ ........................