HomeMy WebLinkAboutLL-1973 #03 On motion c Justice Demarest, seconde by Justice Suter,
WHEREAS, THE f~llowing local law being pr~posed Local Law No. 3 -
1973 was heretofore introduced at this meeting by a member of this
board, said local law being a~ follows, to wit: Local Law No.3 -1973
A LOCAL LAW TO PROVIDE FOR TilE LICENSING AND REGULATION OF
PEDDLERS AND SOLICITORS WITHIN THE TOWN OF SOUTHOLD
Be it enacted by the Town Board of the Town of Southold:
ARTICLE I
§ 69-100. Legislative intent.
This local law is enacted for the purpose of regulating itinerant
merchandising in order that the peace, health, safety, welfare and good order
of the town and of the inhabitants thereof, shall not be endangered or unduly
disturbed.
§ 69-101. Definitions. >
For the purpose of this local law, the terms used herein are defined
as follows:
ESTABLISHED PLACE OF BUSINESS -- Any building, store or depository in
which or.where the person transacts business and deals in the goods,
wares and merchandise he hawks, peddles or solicits.
HAWKER and PEDDLER -- Except as herein expressly provided, any person,
principal or agent who, in any public street or highway or public
place, or by going from house or house or place of business to place of
business, on foot or on or from any vehicle standing in a street or
highway, sells or barters, offers for sale or barter or carries or
exposes for sale of barter any goods, wares or merchandise, except as
hereinafter exempted.
MERCHANDISING -- Refers to the selling, bartering or trading, or
offering to sell, barter or trade, of any goods, wares, commodities or
services.
PERSON -- Any individual, firm, partnership, corporation, unincorporated
association and all other entities of any kind, or any principal or
agent thereof.
SOLICITOR -- Any person who goes from place to place or house to house,
or stands in any street or public place, taking'or offering to take
orders for goods, wares or merchandise, except as hereinafter exempted,
or for services to be performed in the future, or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery.
Gm '~o~iOn 'c" Justice Demarest, seconde by Justice Suter,
WHEREAS, THE CUllowing local law being pro-~osed I~ocal Law No. 3 -
1973 was heretofore introduced at this meeting by a member of this
board, said local law being a~ follows, to wit: Local Law No.j -1973
A LOCAL LAW TO PROVIDE FOR THE LICENSING AND REGULATION OF
PEDDLERS AND SOLICITORS WITHIN THE TOWN OF SOUTHOLD
Be it enacted by the Town Board of the Town of Southold:
ARTICLE I
§ 69-100. Legislativ~ intent.
This local law is enacted for the purpose of regulating itinerant
merchandising in order that the peace, health, safety, welfare and good order
of the town and of the inhabitants thereof, shall not be endangered or unduly
disturbed.
§ 69-101. Definitions.
For the purpose of this local law, the terms used herein are defined
as follows:
ESTABLISHED PLACE OF BUSINESS =- Any building, store or depository in
which or-where the person transacts business and deals in the goods,
wares and merchandise he hawks, peddles or solicits.
HAWKER and PEDDLER -- Except as herein expressly provided, any person,
principal or agent who, in any public street or highway or public
place, or by going from house or house or place of business to place of
business,, on foot or on or from any vehicle standing in a street or
highway, sells or barters, offers for sale or barter or carries or
exposes for sale of barter any goods, wares or merchandise, except as
hereinafter exempted.
MERCHANDISING -- Refers to the selling, bartering or trading, or
offering to sell, barter or trade, of any goods, wares, commodities or
services.
PERSON -- Any individual, firm, partnership, corporation, unincorporated
association and all other entities of any kind, or any principal or
agent thereof.
SOLICITOR -- Any person who goes from place to place or house to house,
or stands in any street or public place, taking'or offering to take
orders for goods, wares or merchandise, except as hereinafter exempted,
or for services to be performed in'the future, or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery.
Southold, T. -2-
§ 69-102. License required.
It shall be unlawful for any person, within the limits of the Town of
Southold, to act as a hawker, peddler or solicitor, as herein defined, except
in conformity with the provisions of this local law, and without first having
obtained and paid for and having in force and effect a license, as provided
herein.
§ 69-103. Application requirements.
Every applicant for a license under this local law shall file with the
Town Clerk a sworn written application, in duplicate, on a form to be furnished
by said Clerk, which shall give or be accompanied by the following:
A. Name and description of the applicant.
B. Permanent home address and full local address of the applicant.
C. A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
D. If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
E. The length of time for which the license is desired.
F. If a vehicle is to be used, a description of such vehicle and
its license number.
He
The place where the goods or property to be sold or offered for sale
are manufactured or produced, where such goods or property are located
at the time such application is filed and the proposed method of
delivery.
A photograph of the applicant taken within sixty (60) days
immediately prior to the date of the application, which
photograph shall clearly show the head and shoulders of the
applicant and shall measure two by two (2 x 2) inches.
Two (2) business references located in the County of Suffolk, State
of New York, or, in lieu thereof, such other available evidence of
the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and
responsibility.
Southold, T.
-3-
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the
nature of the offense and the punishment or penalty assessed therefor.
K. The fingerprints of the applicant.
§ 69-104. Investigation and issuance of license.
Upon receipt of such application, the original shall be referred to the
Chief of Police of th& Town of Southold, who shall cause such investigation
of the applicant's business and moral character to be made as he deems necessary
for the protection of the public good.
If as a result of such investigation the applicant's character or
business responsibility is found to be unsatisfactory, the Chief of
Police shall endorse on such application his disapproval and his
reasons for same and return the said application to the Town Clerk,
who shall notify the applicant that his application is disapLproved and
that no license will be issued. A hearing upon such disapproval
shall be held, upon appeal, as provided in § 69-110B.
Bm
If as a result of such investigation the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on the application his approval and
return such application to the Town Clerk, who shall, upon payment of
the prescribed fee, issue a license to the applicant. Such license
shall contain the signature and seal of the issuing officer and shall
show the name and address of said licensee, the kind of goods to be
sold thereunder, the amount of fee paid, the date of issuance and the
length of time the same shall be operative.
§ 69-105. License fees.
The fee for each license issued pursuant to this local law shall
be twenty-five dollars ($25.) per year or ten dollars ($10.) per day or
fraction thereof.
Southold, T.
-4-
§ 69-106. License conditions.
A license shall not be assignable. Any holder of such license who
permits it to be used by any other person, and any person who uses such
license granted to any other person, shall be guilty of any offense
against this local law.
Each such license issued shall automatically expire on December 31
following the date of issuance thereof, but such license may
provide for an earlier expiration date.
No applicant to whom a license has been refused or who has had a license
which has been revoked shall make further application until a period
of at least twelve (12) months shall have elapsed since the last
previous rejection or revocation, unless he can show that the reason
for such rejection or revocation no longer exists.
Every licensee, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand to any police officer
or citizen. ~
§ 69-107. Records.
It shall-be the duty of the Town Clerk to keep a record of all applications
and of all licenses granted under the provisions of this local law, giving
the number and date of each license, the name and residence of the person licensed,
the amount of the license fee paid and also the date of revocation of all
licenses revoked.
§ 69-108. Employees of licensee.
Any licensee using a motor vehicle may employ not more ~han two (2)
persons to assist in selling and delivering the wares, but such persons
shall so act only while accompanying a licensed peddler, hawker or solicitor.
Southold, T. -5-
§ 69-109. Restrictions.
A licensed hawker, peddler or solicitor shall:
A. Not engage in such business at any time between the hours of
8:00 p.m. and 9:00 a.m.
B. Not willfully misstate the quantity or quality of any article
offered for sale.
C. Not offer for sale any unwholesome, tainted, deleterious or
diseased provisions or merchandise.
Dm
Keep the vehicles and receptacles used by him Ina clean and sanitary
condition and the foodstuffs and edibles offered for sale well
covered and protected from dirt, dust and insects.
ge
Not call attention to his goods by blowing a horn, by ringing
a bell other than a house doorbell, by shouting or crying out
or by any loud or unusual noise.
Not stand or permit the vehicle used by him to stand in one (1)
place in any public place or street for more than ten (10) minutes,
or in front of any pretnises for any time if the owner or any lessee
of the premises objects.
Not create or maintain any booth or stand, or place any barrels, boxes,
crates or other obstructions, upon any street or public place for the
purpose of selling or exposing for sale any goods, wares or merchandise.
He
Not sell confectionery or ice cream within five hundred (500) feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on
school days.
Not sell or peddle prepared foods of any kind, inclqding ice cream,
confectionery, beverages, prepackaged snack foods, hot dogs, hamburgers
and other sandwiches, on any town beach upon which is located a
concession stand operated under an agreement with the town, or on any
parking area adjacent thereto.
Southold, T.
-6-
§ 69-110. Revocations; hearings.
Causes. Licenses issued under the provisions of this local law
may be revoked by the Town Board of the Town of Southold after notice
and hearing for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the
application for a license.
(2) Fraud, misrepresentation or false statement made in the course
of carfying on his business as a hawker, peddler or solicitor.
(3) Any violation of this local law.
(4) Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling, hawking or soliciting in
an unlawful manner or in such a manner as to constitute a breach of
the peace or to constitute a menace to the health, safety or
general welfare'bf the public.
Be
Notice of hearing for revocation or refusal of a license shall be
given in writing, setting forth specifically the grounds of
complaint and the time and place of hearing. Such notice shall be
mailed to the licensee at his last known address at least five
(5) days prior to the date set for hearing.
§ 69-111. Exemptions.
No part of this local law shall b~ enforced so as to conflict with
Article 4, Section 32, of the General Business Law of the State of
New York, providing for exemption for veterans.
The requirements of this local law shall not apply ~o the following~,
provided that official uniforms, clothing or other suitable identification
is displayed:
(1) Any recognized nonprofit religious, charitable, educational,
civic or political organization.
(2) Any such organizations as the Boy Scouts, Girl Scouts or local
volunteer firemen.
Southold, T. -7-
C. Nothing in this local law shall be held to apply to:
· (5)
(6)
(1) Sales conducted pursuant to statute or by order of any court.
(2) Persons selling personal property at wholesale to dealers in
such articles.
(3) Merchants having an established place of business within the
town, or their employees.
(4) The peddling of meats, fish, fruit and similar produce by
farmers and persons who produce such commodities.
Dealers in milk, baked good~, heating oil and daily newspapers.
Licensed real estate brokers.
§ 69-112. Signs.
Appropriate signs, as the Town Board of the Town of Southold shall deem
necessary, shall be erected by the Highway Department of the Town of Southold
at such places within the Town of Southold as the Town Board directs, advising
of the existence of this local law.
§ 69-113. Penalties for offenses.
Any person committing an offense against any provision of this local law
shall, upon conviction thereof, be guilty'of a violation punishable by a fine
not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term
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.
WHEREAS, this board desires to hold a public hearing with
respect to .~aid local law,
NOW, THEREFORE, BE IT RESOLVED 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, Greenport, 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 a~d he hereby is authorized and
directed to cause public notice o~ said hearing to be given as provided
by law.
Vo~e of the Town Board: Ayes: Supervisor Martocchia, Justice
Suter, Justice Demarest, Justice Doyen.
Use this Form f~r Filing your Loeal Law with the Secre~ry of State)
Text of law shanld be ~dven as amended. Do not use bracke~ for matter to be eliminated 'and do not
use italics for new matter.
~ of ........... ..S...q~t...l?:.9..i..d.. ............................................................................................
Local L~w No .............. .3. ......................................... of ~he year t9 .,.7.,3.. .....
within ~he Town of Southold
Be it enacted by the ...... .?.p,~..n.....B.9..a.r...d. ....................................................................................................... of the
~ of ............................ .S...o...u..t.'.n...o..1...d. ............... ] .............................................................................................. as follows:
'r'o~
ARTICLE I
§ 69-100. Legislative h~tent.
This local law is enacted for the purpose of regulating itinerant merchandising in
order that the peace, health, safety, welfare and good order of the town and of the
inhabitants thereo:% shall not be enda~ngered or unduly disturbed~
§69-! 0!. ]Definitions.
For the purpose,of this local law, the terms used herein are defined as follows:
ESTABLISHED Pt,ACE OF BUSINESS -- Any building, store or depository in
which or where the person transacts business and deals in the goods, wares and
merchandise he hawks, peddles or solicits.
PLi~iER and PEDDLER.-- Except as herein expressly provided, any person,
principal or agent who, in any public street or highway or public place, or by
going from house or house or place of business to place of business, on foot or
on or from any vehicle standing in a street or highway, sells or barters, offers
for sale or barter or carries or exposes for sale of barter any goods, wares or
merchandise, except as hereinafter exempted.
MERCHANDISING -- Refers to the~sel!ing, bartering or ~rading, or offering to
sel~, barter or trade, of any goodsY wares, commodities or services.
PERSON--Any individual, firm, partnership, corporati.on, unincorporated
association and all other entities of any kind, or any principal or agent thereof.
needed, please atta,~h snee. s o£ th,. savae size as th~s and number each)~
~m~±OR -- Any person who goes from place to place or house -~o house~ or
stands in any street or public place, taking or offering to take orders for goods,
wares or merchandise, except as hereinafter exempted,~ or for services to be
performed in the future, or for making, manufacturing or repairing any article
or thing whatsoever for future delivery.
§69-102. License required.
It shall be unlawful for any person, within the limits of the Town of Southold, to
act as a hawker, peddler or solicitor, as herein defined, except in conformity with the
provisions of this local law, and without first having obtained and paid for and having in
force and effect a license, as provided herein.
~ 69- ! 03. Application requirements.
Every applicant for a license under this local taw shall file with the ToWn Clerk
a sworn written application, in duplicate, on a form to be furnished by said Clerk,
which shall give or be accompanied by the following:
A. Name and descripiion of the applicant.
B. Permanent home address and full local address of the applicant.
C. A brief statement of the nature of the business and a description of the
merchandise or service to be sold.
D. If employed, the name and address of the employer, ~ogether with credeniials
establishing the exact relationship. .~,
E. The length of time for which the license is desired.
F. If a vehicle is to be used, a description' of such vehicle and its license
number. ~ ~
G. The place where ~he goods or property to be sold or offered for sale are
manufactured or produced, where such goods or property are located at the
time such application is filed and the PrOposed method of delivery.
H. A photograph of the applicant taken within sixty (60) days immediately prior
to ~he date of the application, which photograph shall clearly show ~he head
and shoulders of the applicant and shall measure two by two (2 x 2) inches.
Two (2) business references located'in the County of Suffolk, State of New York,
or, in lieu thereof, such other available evidence of the character and business
responsib~ity of the applicant as will enable an investigator to properly evalu-
ate ~such character and responsibility.
A statement as to whether the applicant has been convicted of any crime, mis-
demeanor or violation of any municipal ordinance, the nature of the offense and
the punishment or penalty assessed therefor.
K. The fingerprints of the applicant.
§69-10~. L~fvesfigation and issuance of license
Upon receipt of such application, the original shall be referred to the Chief of Police
-2-
of the Town of Southold, who shall cause such investigation .of the apptican?s business
and moral character to be made as he deems necessary for the protection of the public
good.
Am
If as a result of such investigation the app!icant's character or business respon-
sibility is found lo be -~Lnsatisfactory, the Chief of Police shall endorse on such
application his disapproval and his reasons for same and return the said
application to the Town Clerk, who shall notify the applicant that his application
is disapprove~dand lhat no license will be issued. A hearing upon such disapprov
shall be held, upon appeal, as provided in §69-110B.
B. If as a result of such inves$igalion the character and business responsibility of
the applicant are found to be satisfactory, the Chief of Police shall endorse on
the application his approval and return such application,ia the Town Clerk, who
shall, upon payment of the prescribed fee, issue a license to the applicant.
Such license shall contain the signature and seal of the issuing officer and shall
show the name and .address of said licensee, the kind of goods to be sold there-
under, the amount o~ ~ee paid, the date of issuance and the.length of time the
same shall be operative.
§69-I05~. License fees.
The fee for each license issued pursuant to this local law shall be twenty-five
($25.) dollars per year or ten ($i0.) dollars per day'or fraction thereof.
§69-106. License conditions.
A license shall noi be assignable. Any holder of such license wh~ permits it
to be used by any other person, and any person who uses such license granted
to any other person, shall be guilty of any offense against this 1.oc..al law.
Each such license issued shall auiomaticall~, expire on December 31 following
the date of issuance ~hereof, but such license m~y provide fc~ an earlier
ex-pit ation date.
tN-o applicant to whom a license has been refused or who has had a license
which has been revoked shall make further application until a period of at
leas! twelve (12) months shall'have elapsed since the last previous rejection
or revocation, ~m!ess he can show that the reason for such rejection or
revocation no longer exists.
Every licensee, while exercising his license, shall carry the license with him
and shall exhibi~ the same upon defraud to any police officer or citizen.
§69-107. Records.
It sha~ be the.duty of the Town Clerk to keep a record of alt applicalions and of all
licenses granted under the provisions of this local law, giving the number and date of
each.license, lhe name and residence of the person licensed, the amount of the license
fee paid and also the date of revocation of all licenses revoked.
§69-108. Employees of licensee.
Any licensee using a motor vehicle may employ- .: not more ~han two (2) persons to
- S~t~.o and delivering the wares, but such persons shall so act only vfhite
accomp[nyin~ s~. licensed peddler, hawker or solicitor.
A licensed hawker, peddler or solicitor shall:
A. Not engage in such business at any time between the hours of 8:00 p.m. and
9:00 a.m.
B. Not willfully misstate the quantity or quality of any article offered for sale.
C. Not offer for sale any un%vholesome, tainted, deleterious or diseased pro-
visions or merchandise.
Keep the vehicles and receptacles used by hLm in a clean and sanitary condition
and the foodstuffs and edibles offered for sale well covered and protected from
dirt, dust and insec!s.
E. Not call attention lo his goods by blowing a horn, by '~'~i~g a bell other than a
house doorbell, by shouting or crying out or by any loud or unusual noise.
Not stand or permit the vehicle used by him to stand in one (1) place in any public
place or street for more than ten (10) minutes, or in front of any premises for
any time if the owner orany lessee of the premises objects.
Not create or maintain any booth or stand, or place any barrels, boxes, crates
or other obstructions, upon a-ny street or public place for /he purpose of selling
or exposing for sale any goods, wares~ or merchandise.
§69-110.
Not sell confectionery or ice cream within five hundred (500) feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not sell or peddle prepared foods of any kind, including ice cream, confectionery;
beverages, prepackaged snack foods, hot dogs, hamburgers and other sandwiches
on any town beach upon which is located a concession stand operated under an
agreement with the town, or on any par~ing area adjacent thereto.
Revocations; hearings.
Causes. Licenses issued under the pr6visions of'this local law may be revoked
by the Town Board of the To~n of Sout~01d after notice and hearing for any of the
following causes: ~
1. Fraud, misrepresentation or false statement contained in the a~pplication
for a license.
2. Fraud, misrepresentation or false statement made in the course of carrying
on his business as a hawker, peddler or solicitor.
3. Any violation of this local law.
4. Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling, hawking or soliciting in an unlawful man~
her or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the publid.
B. Notice of hearing for revocation or refusal of a license shall be given in writing
setting forth specifically the grounds of complaint and the time and place of
nearmng, Such notlce shall be ma~ed to the licensee at his las%
at least five (5) days prior to the date s=2t for heaz'ing.
§ 69-111. Exemptions.
A. No part of this local law shall be enforced so as to conflict with Article
Section 32 of the General Business Law ~)f the State of New York, providing
fo%~' exemption for veterans.
B. The requirements of this local law shall not apply to the following, provided
that official uniforms, clothing or other' suitable identification is displayed:
I. Any recognized nonprofit religious, charitable, educational, civic or
political orgmaization. ........
2. Any such organization as the ]Boy Scouts, Girl Scouts or local volunteer
firemen. ..
C. Nothing in this local law shall be held to apply to:
1. Sales conducted pursuant to statute or by order of any' court.
2. Persons selling personal property at wholesale to dealers in such articles.
3. Merchants having an established place of business within the town, or their
employees.
4. The peddling of meats, fish, fruit and similar produce by farmers and
persons who produce such commodities.
5. Dealers in milk, baked goods, heating oil and daily newspapers.
6. Licensed real estate brokers. ~
§69-112. Signs.
Appropriate signs, as the Town Board of the Town of Southold shall deem necessary,
shall be erected by the Highway Department of-the Town of Southold at such places within
the Town of Southold as the Town Board directs, advising of the existence of this local
law.
§89-113. Penalties for offenses.
Any person eommitting an offense against s_ny provision of this local law shall, upon
conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred
fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by
both such fine and imprisonment. The continuation of an offense against the provisions
of this loeal law shall constitute, for each day the offense is continued~ a separate and
distinct offense hereunder.
§89-114. Vghen effective.
This local law shall become effective immediately as provided by law.
589-115. Severability.
If any clause, sentence, paragraph, sectionor 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 cl~iuse, sentence, parag~'aph, section or pa~'t of this
local law.
§69-116. Repeal of Pz'esenl Ordinance.
The ordinance entitled "Hawking and Peddling in Town of Southold" adopted by
the Town Board on August 26, 1932, is hereby repealed.
(Final adoption by Ideal le~s!ative body only.)
L I hereby certify that the local law annexed hereto, designated as local law No. ....... .3. ......... of 19....7...~
of the ~S'~'; of Southold was duly passed by ...~;h~..~.ox~thold..T.o.w.n.J:3~ar.d .............................
TO'I, NTf]. ~ ...................................... (Name of Leglalativ~ Body)
on ........ .3....u3. y...3...1.~. ..................... 19..7...3... in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Electiye Chief Executive Officer
or repassage after disapproval.)
2. I hereby certffythat the local law annexed hereto, designatedas local law No ..................... o'f 19 .......
County
City of ...................................... was duly passed by ............................................................................................
of the Town ~N~m~ of Legislative Body)
Vi!lage not disapproved
on ................................................. A9 ........ and was approved by the ........................................................
repassed after disapproval Electi-~e Chief Executive Officer
and was deemed duly adopted on ................................... 1.9 ........ , in accordance with the applicable
provisions of law.
(Fiaal adoption by referendum.)
3. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. .........
County
of th~ ?ty of ...................................... was duly passed by the ......................................................................................
! own (Name o~ Legislative Body)
Village not disapproved
on ................................................... 19 ........ and was approved by the ...............................................................
repassed after disapproval Elective Chie~ Executive Officer
on ...................................................................... 1.9. ........ Such local -law was stibmitted to thee people by reason of a
mand. ato~ referendum and received the affirmative vote of a majority of the qualified electors voting
perr~iSSlVe
~eneral ......
thereon at the special election held on ................................. ~ .................... 19 ........ , in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum and final adoption because ne valid petition filed requesting
referendum.)
4. I hereby certify that the local Jaw annexed hereto, designated as local law No ................... of 19 ..........
,County -~
City
of the Town of ...................................... was duly passed by the ................................................................................ (Nam, of Legislatlva Body) on
Village not disapproved
19 ........ and was approved by the ......................... on
repassed after disapproval Elective Chief E:ceeutive Officer
.............................................................. 19 ......... Such local law being subject to a permissive referendum and no
valid petition rSquesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19 ........ .in accordance with the applicable provisions of law.
*Elective Chief Executive 13fficer means or includes the chie£ executive officer of a county elected
on a county-wide basis or if there be none the chairman of the board of supervisors, the mayor of a
city or village or the supervisor e£ a t~wa~ where such ~ffieer is vested with power t~ approve or
vetn i~ai laws ~r ~rdinances.
(
· . ' law concenaing Charter revision prbposed by ~ee;~-;,~
5. i he,by certify that the local taw annexed he~to, desi~a~ed
ot the City vt ....................
............................................... ha~ng ~en Submitted. to ~te~ndum pursuant to the
pro,sinus of ~ ~ of the ~unicipal Home Rule Law and having ~ceived the amr=atiw vote of a mai 6ty
of the ~alified e!ectors of such ci~ voting t~on at the sp~ial
~neral election held on the ..................................
................ 19 ............ ~came ope~tive.
(If any other authorized form of final adnption has been followed, please provide an appropriate
certi.~ication.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adop~ted in the manner indicated in paragraph ...... .o...n..e. .............. above.
~'~age (llcrk or Officer
Albert W. Rich~'nond, To,~vn Clerk
(Seal)
(Certi.~ica;ion to be executed by County Attorney, Cdrporation CounseL' Town A~toraey, Village Attorney
or o~her authorized Attorney of locality.)
STATE OF NE;~/YORK
COUNTY OF ..S...U..?..~ ................... ' ~: '
I0 the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Dated:
(Title of O~.fice:) Robert W. Taskev Town Attorne-
~ of Southold
Town ................................................................
~,~ I N UT E S
2~,OBEIiT '.F_gS~7'2.'.t, T.~Am A~'t orney
Soutbold Town Board
July 17, 1973 ?t
SU~RVIS~ '%L~ERT ~RT~CHI~
JUSTICE 5l~qTIN .S~ER
~TICE LOLLS M~
Su!,ervisor Albert blartt~-~chiv cai. led the meetinw tc order.
Counci!~n l!ic~ read the },}otice ~ ~4eariD,3~ as fo].l~.,~s:
PL~.AgE t~e notice tb3.~: ~.n ccm~ec~ion with the codifica'ti~',~ ,'~ff
ordinsnces and !~]. laws of the T~n of Sou/hold, the fo!!owin9
and !~al la.~vs were inir~uced at ~ meetin~ ~i the Town Boar~ ,,f the
<~ Sou~ho!d held at the ~fices ~ the T~ Supervisor, !6 .Bo,~th ~[.~
GreenporT, New York: al B:O0 P.M. on ~he 19~h day of 3une~
I: A L~al ~w lo Amend *he penalty provisions of certs.in
ordinances and 1~51 laws ~ the T~_ ~ 9outhold .
~3id l~a! law pr~ides that offenses against the ordinances
!~al laws enumerated therein be deemed violations with maximum
~ a fine ~ $250. and/or impriso~ni for not exceeding 15 days. The
~na!ty sections ~ certain ~ such ordinances and lc~al laws also
con/~ih pr~yisions for civil ~nalties and/or injunctive relief.
2. ~n ~dinance to amend an ~din~nce relatin9 to a C~e cf Ethics and
a ~d of Ethics for the T~ ~ Sou~hold~
Smid 8_mendment clarifies the wordin9 ~ Section ~, Violations,
Soutbo!d To~,~ Joard -2- July 17, 1973
Article II of said ,~rdin~nce.
3. .A~ Ordinance to amend an ~dinance regulating the burning o.f
Said amendmen~ pr~;ides for the issuance cf permits and ~he ~andards or
conditions ~hereof.
4~ An ~dinance to amend an ordinence regula~ing the raisf_ng and
of ducks within ~he To%%,n o{ Southold.
Said ~men~men~ lo~..~rs ~he numbe~ o~ ducks ¥~bich may l~ raised for
use ~i~hou~ a permit from 150 ~o 100 and establishes ~.he require~en~ _Jot ~%~
of a ~rmit and the application there;for,
5. -~ ~dinance ~o ~end an t~dinance ~ohibi~ing and R~guiat[n~3 thc
posal of Garbage and Rubbish.
Said ~endment revises provisious concerning the disposal of refuse
prohibits the use of ~be to%,vn disposal ~,.rea for any Garbage or refuse not
originating within the To~n of Southo!d:
6. An ~didance to amend an c~innnce regu!a~ing the ~king and thc
of taking shellfish in the To%,~ of Sou~hold~
Said ~endmen~ revises the definition of"shel~ish" ~o include blue c~.~..
crabs and mussels and establishes regulations for ~he ~ing ~ such
fr~ t~ waters.
7. ~ ~dinance To a~nd the Excavation ~dinance of the Town of Soutb~.~
Said ~.endmen~ e~mpts from permit requirements any s~ farmin~
which retakes ~o inches or less ~ ~opsoil annually.
8. -~ ~dinance to ~end ~he ~r~fic ordinance ~ the Town of Southo]~d.
S~d ~eddmen~ ~s certain organizational changes within the or~in~ce
and establishes new schedule lis~ings for stop signs and yield signs and
for restricted ~rkTng a~ cern%in streets in %he T~.
9. ~ ~dinance %o ~end ~he zoning ordinance of ~he T~.~ of
Said ~endmen~ clar~ies the wording of various sections ~ said ordinance
and u~a~es ~he ~na!~y provisions for ~fenses against ~he ordinance.
'~O'utho!d Tc~mn £oard
__,2_ July !7, 19,.~
Please ~ake f,.:rtb, er notice that l.-:b!ic he~:,.r:l.~gs with respect to ~:he
law =nd ordinance~ ent;~'!ed and described a+,.~,e ~,;il.~ ~ held at the
D~.v a~ 7:30 ~ '.l. on the 17~h daS, of Ju!~,~
C%'fice~ !6 South Strect: Greenport~ ..
1973 a% r;hich ~ime and place 5.11 in{erested perscns will be given an cpporT,~n!~
to be bea. r~.
Copies o_f the pro?osed l~al law and ordinance~ are on file %n the .')f~f:c ....
~ ,~ f] ........
~:.e Tcm, n of d~pervisor an~ in.the C%fice o~-' zhe '.~,:~ %erlc~ where the sa ..... ~-,-~
inspected during office hours,
U~ted: June 19~ ].o~3 ~,r ,-,~iD,~,-, O? T~2; mO.'L~ ~z(~A'~ OF F~-~ m,';.~, 0;.' Y":~"F"'
.... :_. ~ ~_ ~ ....... . ~ ~ ~,,., ......
....
attested to by fttu;rt Dorman.
,
5u~e~,isor ~'i~rt~chia: ~,!so in the Traveller mi :;outho!d: an e:ctr~
that we use ~."e ))ave proof ~ Z[otice ~osted :in i:he ?['own C~e ~-'
i~ichmond sworn to end the Cc~ments of t]:e '/~:foJ.]: "ounty /~lanning Dep;:~rt::~e:~t.
this m~:*ter to !~si determination. [~.;e have notified tb.e To~m of Riverhes,;, t~
T~.? of Shelter Island: the Tov.~n of Southamp'ton~ the To¥~ ~- East Hgmpton~ end
Village of Greemport, the Village ~ Deering ~.rbor~ ~he St~'foik Count),
Commission, t[.Y~ Sta!~e Department of Parks and ilecre~.tion, and .5affolk County
of Parks. They've all had pro~r notice mhd everything is in order ~o start dis-
cussing an]~ of the items that were read off. The floor is o~n ~o anybod;., who
wishes to discuss any ~ the changes.
~ F~uszeski, E~y~n.n: The amendment to the "she!~ish" law. I= ~b~.% jus'c
~hanging it to include blue crabs and mussels with no regulations to size or
9obert Tasker~ Attorney: As to blue crabs there is ~n size limita,.t~on:
L~hes from point to point, and one-ha~ a bushel a day for non-co~ercie~ our~c,s~
,nd fem~].e blue clews, with eggs visible called "sponge crabs", should not ~ taken;
.nd ss to mussels:
E~ [~uszeski: l.Jait, let's not 9e~ into mussels yet. How abou~ non-resider]rs?
Judge Surer: That hasn't changed.
..
' j~h'o!d Tc~n Boa_vd -4- 3u!y 17, 1973
Council~_~n Homan: ~,Jell, :qe include blue crabs, no blue cl~¥~s ~ u,'~
cl~s~ 5c~!!o~ oysters, in other ¥~ords, you've Cot to have a license to
· hese, so non-residents v:ou!d be ~fec~ed.
Ed ]~usze~ki: You don'~ s~ipu!ate it there thcu~h in ~he amendment
C.%~u~i!r'~n Hob%n: Yes: we do~ because we ~.m.end it to rcad~ nolo'
Sc~.i!oFs end oysters, but als6 blue crabs and
Ed ?~us~eski: All right, n~,; you've 9or another po].nT here, hey: ~.'73L,%
shedder or ~. peeler: Mou say five inch~ there f_s at ~he ~esent ~i~.e~ no lay
on the b!~e crabs, in )Ie~v York State, why don't ~,ov adopt the sm~ !ay.,' as
state had ~,~hich %~.,ae -five inch for the hard shell crab, for the shedd~r o,~
was three inch that's ~ soft shell crab r;ith the hand shell with it. ~ce
i~ ~vill gain ths~- !./2 inch, and for the soft crmb: three z,.nd cne-ha~ J. nc~%es.
Councilmen Mom~n: I don't ~hin!c in my c~,~ ~rsonal opinion, thal
..
crabs are that much in abundance, th%T %,e should io~;er our !i~zJ_t to
~c!ude it ~
led !~uszes~.c{.: Yah, but when 7.,ou are har~-crabbJ, ng: nine tilne~' o' ~~
~.,hen ,,~u 9e~ ~ hard crai.> or n 5oft cr~b ~-' '
~ - _ ~ ~ _.- s ~V'Lt;~ e hard crnb. !.[o%%. that cr~-~73
going tn he cauut ~ you don't take that crab~ %,~haT sre you no'nc, ~'c ,t,-, wie~
once you thru, i-t into the boat ~n~ ~ha~ otker cr~b chevJs i~ all to
Counci!n~m Hom~n: Well~ I would like ~o think ~be go~ people o%
T~.~ ~,hen they c~m.e upon ~ba~ si~ua~ion~ x,~ou!d put bo%h ~ ~em back,
Ed ~uszeski: ~at's what we ~r~ed ~ 9e~, I be!ie,.,e it'5 bac~-: f_~
~'z 91ad ~he T~,.~ Eoard has finally come up ~i~h ~ bl~e crab lax.~. ~u~, ! don't
~cn~, ~ ~hip_k we eheuld go ~he same as the s~te because ~he s~t she!~...:rz, b~
you ~e~ i~, i~'s going ~o die, i~'s ~oing ~o ~e~ in~ured
Judge Su~er: ~e sta~e didn't h~_ve any regulation
Ed ~us~eski: Ihe s~a~e has drol~ped it. !his is ~he old la~ th:~ ~he
Judge Surer: I~ doesn'~ have any control
Ed tCrus~:eski: ~Io i~ has none a~ all: ~he T~ has no con~rol~ The
one around here ffha~ has any con~ro! is Shelter Islapd.
· ..~'old Tc~vn Board -5- Jul:.,
Judge 5uter: '...'elY , th.-_,t' s ,.-' ,, _ ....
state has none ~t al!, none.
crab.
Rd 5~uszeski: The only thing the '-t.--te !'~3,~ 5. s t':~e f~:.]]e c:~:~ ,:a~%~-~ .....
T. :'.ouT.,'] Ii:ce to see tT,at ?~endmept m~.de to include the sb. eddev
~,,ouJ. d, in .... c~'.,'n o~.,in.!on rather zee ~ .... ,~t back ;~'] 'i-he wat~
--~ ~ .~ ~ . ~ ~
~d.l~ruszesk~- :_ Ye}l~ but if they ~,.'o~!d clo it - it' s "~;-,_ ..... (.-~ i,.-~,-J.~,.'~ -. Ilo. _
bei~o destro,,ed~ Y,~ ~i~,]~ ~ well ' ' - :+
Co,,~c~!m~.-] :/o'.~;~u: ~.~e!]... "2c1~ th~ yc,,_~ :n_[:2ht c'.s we!! t:2~c,~ ', ,:r:.:b ~e~'~
.
'
C'311~P~ ]-~'~ TJf"~ I ¥~S . ~',U~ ~,Ot~ C~m ~ 17 ",n~'o ;'~ ] ~'" ~f~ CO%'~Z ,"'.'~-';; t: ,'~': ...
· ~nd ~,~,% i~,; ,,oursc~C~ when ,,nu ~o crabbinc-~ '.,of don't run aeress th~s n t~reat
to, the ~ ..... ~'= ".ss~iat:[o~], ;~rzd a=~c-,~ {~ v:e wot]Id -2o over so~e of the C:ce,3.~
~c~in which %,,e d!C pr~r'3 the 2:-i,ma.n recc~.:~aended that t%,e t~:n ~-~(31_~t a i?!,to cr',.b 7 ~.,...,
t}:.e s~me ns the State bad. ,",ow tkere is ::o prob!,::t: therc =~': ~,11: ~v,z-rybo,:~.,. ~-?..~'.~:,~
h3p-py w~_th the state
...... ~_ got =,.cry'thing as the St~te Law wx+:-
exceDtion of the peeler crab.
'~d '"~ ' 'She peeler an~ the soft-shell
Councilman ;;ozm: Otherwise we ],~.-.re 9or it ~n its entirety and Derson~:~_tLy,
don' t h~v h~v tony ~ the people in the audience feel about it, but I don't
it's that bJ_g of an issue. To ~gi~ with~ you've got to educate the ~oFZe to v,,ha'~
.peeler crab is. You ~]~v, ~d I ~ow and Ja~v~s ..... ;me':s, but the re,~t ~ t~.tt.
Joard d~sn't even !~,;. You czn't pass the l~.w that l~ople don't eve~
..~cho!d To~nn 3oe.r,.] -6- ~.~1~.,' ~7, ....
Ed I~ruszeski: T_f *.hem ~eople don't ~u~¥~, ,~ha~ a shedder or peeler
and {_t cloesn't nea~u::e .five inches, they are 9oing to tbr~'~ i't bacTc~ b~'~
%be kin,fi o~ crab ~% ~,e ¥,ant, because in ~. c]35' he'~ 9oin9 to shed %n~ ,..e've
a s~t shell
,'Zouncii~%n ~{om~.n: '. .... ~], i ~on't kn~::~ r~e'!! discuss
Super,,i'3~r '~'~.rt~c]~-;_a: Give four name to the 5teno~
' _ ~ ~+ ~ people ~cno~,l w~ l:k.~.~ ~ ~-
iaw~ w[~ ~',a,.,e the :C ire inckes and T /hi~ a .' . . ~. ....
,
J_t three g~nd one-hca. If ~n~,~ =,~F+ =heT~ .. _
............... ~ but ~.,ou'v~ got two d~f:ferer]* la.,:.'s,
som_e ~op!~_ don'~ _.~,~,-. ................................. ~be (~i:ff~r~ne b~+-,,e~ ;-~ l~g.~,] sh,=~] [~nd [' s",~':'+ ~::-,"l~ ~
they ~re 9oin9 to ~:ake'the three and one-h~!'F s~,.e!! too~ but if you b;~.,.'e the
inch lavz~ that r~ay t~ey won't take ei. ther one of
Ed liruszesl<i: ~ tha. t ~rson gces r~o~n :in%o t~e creel: ~'rz,'~
5u~rvfcor ~.~rt~chia:(callin9 for order) ~'.Te're not out here to
wi~h the presiden~ ~.nd vice-president of the ~l,nen's ~"-.ssocia~:ion, if the5' have
differences, ~],.e:., should settle Them some -ola.ce else~ ~t's s~ick %o t]~e
"e will t~ce into considers, itoh everything >,o,t ba,_,e :.nentionec]~ it c~.~]ot
incorporated inic the :'~eet-;.ng tonight,but if ,.re settle d~,3n~ vie will ,-j{_ve ~.r
Ed l~uazeski: Thai -;,~sl: incluaes: ....... ~_ ..,
.. ~,~; +~ni~h* ~'z it's the ~.,!~,..~ r~.
includes ~:be shellfish and five inch crab~ ~o~v ~nti! so~ethin9 else c,:,_.:?.~ ,~[~:
ca.~o% take a soft shell which is three ~nd one-halff inches, or you cannot
~eler. Any~bin9 less ~han five inches~ you cannot t~e. ~o is 9oing to e~o~c,~
~cn~a: I o,.]ess you v~i!l in the creeks~ Januic!:
will do durs as much as is hu~nly possible. ':Te only have so [~ny legs, so ~xan~.-
~rms, so ~y 9us, s on ~he jobs and so ~ny creeks, we don't have ~hat maDl.,
bfe ~ that we can ~rust the ~.ymen to give each other a fair shake~ dom'l:
cheat on each other, in other words~
CotLnc i l~an '~ ~- . ......
.~o...an: P~d by pvbl~].y posting these no~ices in conspicJou~
.~__-~laces in and aro~,nd~.._ the water, we hope ~his will_ se~-educate people.
~uthold T~n Board
-7-
~ 07~
July !7, _. _
Supervisor ~'.~%rtocchia: I believe you corn_tents have meriT.
William Y Terry, Environmental Council: I would like to read ~,. letter
from the North Fork Environmental Council:
Southo!d To~n Board
Office of the £upervisor
Greenport, 11944
July 17, 1973
"An Ordinance to amend ordiaance regu!~ticns of the taking and manner ca-
taking shellfish in the Town of Southold."
We wish to compliment the Town Board for the additions to our ordinance
regarding shellfish, but we do urge the ~ ~
_o.lowing reconumendation ~o be ..:onsidere~::
·
In regard to taking mussels for. bait from *..he bogs on inland waters, we
urge that not more than 1/2 bushel to be taken by hand, nc forks or rakcz t c
used, as~.to preven~ the bog from being disturbed.
Also: Consideration should be given to the possibility of removal of shellfi-~h
by permit only. The charge for such permit could be nominal, $1.00~ ~nd simp!ifi~i
by using triplicate card system. This is being done at ~his time succes~=f~.!!y on
Shelter Island. Fermi~s would be for all Permanent: Temporary ResidenTs, %he
guest permit to be used only when accompanied by a permmnent resident.
Respectfully,
Lorraine S. Terry, Pres.
Council
Supervisor Y~rtocchia: Anyone else wish to speak?
Joe Sullivan of Cu%chogue: I would like to ask a question al:out the
residency requirement, the newspaper article says 60 days would be consZrued ~.s
permanent residency this dealing with the corrent legislation, I would suDGes %
that possibly ~J~ New York State residency laws which currently state a person
may become a bonafide resident within thirty days living in a school district or
Supervisor M~rtocchia: I think what you are ta~king about is for differen~
purposes, like voting and so on
Joe Sullivan: Well, what I am saying is that I think this provision can ~
challanged in ~he 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 permanent residents, they have to ~,~it sixty d~.yz
Gent !emen .'
I am writing in regard to Public t~srin9 ~o ~ held on the !7th ct' JuIy',
?:30 P.?4. on ordinances and local !ay; that were in~roduced on June 19, !973. To
be specific, #6.
· ~u%hold Town Board -C- July !?, 197_%
Joe Sullivan (cont.~: in or,er ~o clam, but they cmn vote in ~hirty da~,~
I~ d~sn't seem ~o m~ke sense.
Su~isor ~rt~chia: I ~hink different levels ~ government set Their
time elements ~ I Think the s~a~e of Ne~ York migh~ ~ell you ninety deys
c~n
~neral discussion amono ~he audience
5u~rvi~or Plart~chim: We don't %vsnt soznebody core in for fort~, days f'or
su~er and $~ke all our lives~k. ~y other questions on %bis part of The hear
Anyone else. wish To ~ heard on any ~r~at~ers that ~,,er~ ~dver~ised for this
hearing.
~neth Tabor, Chair~n Board ~ Fire Commissioners: About a month
our Board of Fire Co~ssioners received a letter from our Fire Dept.
~hat at their meeting it was vo~ed unanimously that ~,e the Commissioners
that ~he T~n Board take under consideration one side of the street para. no on
~ien~ Village ~ne. I've as Co~ssio~rs vo~ed un~imously ~haT zhLs ~-:¢s ~ very
necessary change which should ~ake place as soon as possible. I ~hen
Louis De--rest and gave him ~he ~wo letters, one from the Dept. and c~]e fre~z
Co~.ssioners. ~ brought ~he ~tTer up before the T~ Board and they decided
hold a hearing on this ~$ter, so here ~,e are. %'~e wo%:ld request tha~ there be
side ~ ~he s~reet parking on the ~vest side of Villaoe Lane, from ~chard '~ot.,
~he ~n~nt a~ ~he north end ~ Village ~ne, c~!so one side of ~he street
on the eas~ side from (kchard St. Sou~h to %he d~k. This would ~ke it easier
for ~he Fire ~rucks ~o go wi~h the fl~ ~ tr~fic on ~he right side of Village
~ne in which ever direc~i~ ~he ~rucks hsve ~o go~ Also with ~he Ver~n¢ as
sugges~ ~ople can park in fron~ ~ ~he stores and the pos~ ~fice and also
fr~ ~ ~he Historical S~ie~y buildings.
As conditions are ~ay, our fire ~ruck simply ca~ot m~e on Village
The chief has instructed the fire company, that in case ~ a fire any where on
Village ~ne, other al~er~te rou~es are to be used which, ~ course~ ~vill delay
· he fire company get~in¢ ~o the fire as soon as possible. I ~ sure you realize
· ."
.O~thold l'o~ Board -9- July 17, 1973
Kenneth Tabor (cont~ ~ the importance of the first five min,.~tes in
~ fire.
Other factors concerning the con_oestion on Vi!!age Lane is the s~fe~y of the
children congregating at the Post CYfice and the stores. They are constantly
and going on foot and on b?cycles and at times dartino out into the road°
Considering al_]. of_ the above facters, we .members of the Orient [tire De~t.
for an early favorable action on this _matter.
Supervisor ~2urtocchia: Do you have a copy you wish to submit to the
Ker~eth Tabcr: Yes, ! t. hink at this time, -it would be nice t.o l~_e~r
our Chief.
E.!bert Luce~ Chief: Relating to thJ_s letter which was composed by .~.~r.
! approached the Commissioners back 2 or 3 months ?.go asking for these regul~tio~-~
simply because we have purchased within the las% year a piece ~f fire fi~htir.,C
equipment. The truck, with the traffic th,~t is zr~arked on \zi_~.!age L%ne, phs. s[,-;~.l!.
cannot pass through that part c~' the Vill~e. So, you see for the safety of liDe
~nd property along Village Lane and next to Vi!!ege Lane, I feel it reel!f
~_mperative that this regulation is passed°
Supervisor ~.rtocchia: .Thank yol3. Is there anyone else who :~ishes to
speak on that subject?
3ge Sullivan: I might back up what these people are sayinG, I just
happened to come out of the lane where the fire house is one day !as~ ~¥eek~ and
was driving, an FIO0 pickup truck which is a little big and there were c~.rs -,'~'~.__~e
on both ~ides ~f the street~ and as I rounded the corner in the traffic lane,
another woman was coming along the street and ~!most collided with .~-~, truck, it is
.hard to pass by.
Su?ervisor r.~rtocchia: Thank you. Yes?
Eloise Norklun: The man who usual!~, speaks here isn't here. There
has been some opposition, t don't kn~vo In the way of preventing enou?h tre£f'i_c
to stop at stores long enough and within a decent distance to make purchases, it
'Southold Town Board -!N-- July ._iv,, ]_073_
Eloise Nork!un (cont, ?: will not effect our business even t_ho:,,;h it
bl~k ~f our fronI because %~e have mn entrance from the back. IT's for our
use ~ course, but there maybe somebody else here who does feel that it ~'iill
the business ~
Supervisor ['~rt~chia: ~ank you, ~s there anyone else~ ~r~
,
Robert DouQ!.ass *~. Chairman and the ~oar(;, .........
Fire Department~ ou,,__u of Fire Commissioners, and also a hear5, macbible o~rator
T feel that this ~.s a very serious n~tter for more ~:hzn one reason. The ~,
situation is n~: they couldn't 'get ,o either fire, or life or property., in
erea along the village u~er most hours ~ the day end all hours of the evenin?
e, nd a ~tter of five minutes to ten mimutes ~,~ould ~ore time than ~,ou could afford
f~ there was any life involved let a!~ne Fro~erty. I can quarantee you ~.; cf
......... V have at one poi. mt Yzaited ten
in ~rax, ellin9 Village i~n~ ',~ ~,,~ tines t~d~~,
minutes to gel bet~,~,een T%-;o cars to ~et intc the ne~t little s!otto ~3ar~.c to
for so~ ~ore to 9o through . ~nd this J_s the only v;ay th~.t you can
Village ~ne, most of the day and host of the ev:~ning is by runnin? the ~lot
bet%?een the parked cars. I don't think ibis %vou!d have ~ny ~.dverse 8ffect on
anyb~y's business~ Business ~,~i~e~ we are ~.1! ~oi~~ __.. the sa~ place - it ~y
us a little round ~..bout ~;ay ~o get to tee ]~'~ .......... busf_ness to ge~ on %he rt~h-~ .....
~ the street, h~vever, when ~hese firemen are coming to fires or ¥.,hem ,.,~ hc..e
ge~ ~he equipment out ~ there, or ~he e~r~ency wo.~on~ ~he emergenc;' .?~.Con
~ore important ~oday. ~e enerQency wagon is u4ed 'ten times to one of the
truck, The emergency ~zagon h~s been pried for .a heart mt~aclc: if he ba~ to
ten ~inutes to ~,;ait and ! cmn gmarantee tha~ be v~i!l, ~ he ho.s to wait, it
mean s~eb~y's life. I~ is very imperative~ha~ ~ve change i~ and i~ ~von't
anyb~y, it ~von't hur~ anyb~y and it ¥~,ill give_ the e~uipment the rzo._*z-' ,~ to go
on it's ~ lane ~he way ~ve have suggested ~he
Su~isor r~rt~chia: Thane you. Anyone else v:ish ~o
Town Board
-11- July 17, 197.3
Eloise Ilorklun: I don't want to give tile impression that I ~.m oppose?
to this. because I am no1: 0 >~/ family some of thc'.l live over on VilL~.c'~- Lane.
ever I ,vender if it c~n ~>e enforced e.ny better than ¥;hen we had it previo'~,s!),
fe%v years b%~.ck?
Supe_~.,isor :.~r%occhia: !,.Tel!~ ! can best enswer T. ha% by ss;,in9, -in our
reports that come b~.ck %o us,' If %::e feel it -is not being e~forced proi-~er!',~,,~.~e ca,~
s. ssign a special t!~ere for a~vhi!e, until we br,.3:~'< so.,:e habie_s
~' Well that ;vi!! l;robab!y help if you c~n
E!ois~..,orklun: · -
S~pe~-;isor ?~rtocch-!_~.: :~h~. Terry?
Bill Terry: Gentlemen:
In r~gard to ~ub!ic ~mrJ_nc to change to one si. cie ,_~;' '...he
· \.'ii ] aoe 7_.gne ~
s%reet parkzno in the Village ~ C-rient, .... ~ -
the propos~].s and recommendations as set fortb by ~he U~ienZ "ire
not only~.~ Bafe-guar~ which would ena:~.~ the f~.re -trucks ~o 9et ~o a fire
quickly ~nd as s~iy as possible, b,~Z Village b~ne :~, narr~v road~v~>' -
enough ~o accormcod~.+e %r~fic north and ~ou~h in additiou to ,~,,~n,3 on both
sides° I feel it is almost a miracle that no serious acci~]ents have occurred.
_~emen~ of ?he ~,{outhold
In addition could there be under the advi
Dept., a policy used to circu~.,~navigate *.he f!cuv of tr~£fic around the
Thank you for ;,our consideration°
2espectf,:!l~, submitted,
',,%!lisa Y. Terry, Jr.
Supervisor ~.4ar%occhia: Thank you. Anyone else, Pete?
Elbert Lute: I would like to make one more quick comment. '_~is re~:
conunendation from the Fire Dept: and the Board of Co_-~missioners was unanimouu!y
recommendated by the Depar~.~ent.
Supervisor .~.lartocchia: Anyone else~
Flc~]d _wing, Orient: In f~vor of the proposal for the safety of the
people using Vi]!gge Lane 365 days a year, and not just the times the equipment
uses it. .and I think to support this, the Town Board should provide parking signs
patrols~ and anything else it takes to enforce this.
.~'~thold Town ?olic¢ -12- July 17,
Supervisor ~.~rtocchia: Thank you, ;Anyone else? }~veryone b~.~
o~portunity to s~eak to this hearing on the s,~bjects tha~ were noted? i~.~3~ c;~?_t
%?e declare this hearing closed, the Board will ~ke s determination on ig ~ ~
.later date, we'll take a t%,.'o minute breather,
~eth 'Cabot: I would like ~o ask one question. If ~he -.~ot~- is
favorable on this mat~er when will i~ be ~ut into ~ffec~? %.~e would like t~,
i~ not drag on z~nd (3q and' on.
Ro~r~ ~asker: ~.?e!l: if, when ~he ordinance is adopted,the
U% ~ · ~
i~ has ~o ~ p u~.sbed iD ~zour ].~al pa~r f~r ~en day ~.nd t~'~n i~ beco:'~e~
~fective ten days ~er_ the pBb!ica~ion %nd also i~ has ~o ~ poste~ ,,,~._~-:~. ~i~,~.~.....
it can'~ become effective u~til both ~he en~ctr.lent ~nd the pos~ino smd si~n~
l~uT u~ ~ ~]en it ~cones ~fective.
Su~rvisor :.~.r~chiar Call the second hearing to order.
~{~3.n will read The leg~.! notice.,
Cou~ilraan !{o~n: P~AZE %m. ke notice that, in connection wi%~ the
preparation of the Code ~ the T~,.~ ~ Southold~ new proposed local laws, to ~
included in The cod~ication were introduced at % meeting ~ the To~ goa'rd o37
To~ of Southold held at the offices of the Tor~ "u~isor, !6 South 5treet~
Greenport, New York: at B:O0 t'.M. on the 10th d~4' 033 dune, 1973 as fellows:
!. A l~a! law to pr~ide for the control of litier in the T~vn of
Said l~a! law prohibits litter in public places; ~itter from vehicles;
in parks~ beaches and b~ies of water; litter on private ?ro~rly; re,'ju].ate~ the
distribution ~ handbills; and established ~na!ties for ~fenses.
2. A l~al law to pr~;ide for the licensinQ and regulation of .~ddler~ and
solicitors within the T~ of Souihold.
,
~id l~al law r~uires the licensing ~ ~4dlers ~d solicitors; esta~!ishes
application requirenents~ pr~edures for investigation ~ applicm.~iom and is~uz~nce
~ the ~rmit; establishes a ~rmit fee and license conditions; imposes varicus
restrictions on the operation ~ ~rmi~ted busimess ~ctivities; and provides
penalties for offenses,
,%hold Town Board -13- July 17, 1973
~e~,~l notice cont
Please take further notice thJ. t public hearings with respect '~o the
laws entitled and descried able will be held at the Supervisor's t~fice,
South S~reet, Greenport~ ~le~v York at 7:30 P~. on ~be !Tth day ~ July, 19733
~ime and place all interested persons will be 9iv(~,3'~ ~.n opp~rtunity ~o be beer~
Copies of the proposed local !avzs ~r,;, on file in the ~fice ~ ~he
5u~rvisor and in ~he '~fice of ~he T~n C!erk~ vzhere the same may be in~cged
during ~ffice hours.
f3ated: 3une 19, 1973
T~N OF SOII£HCLD
I have proof of ~ublication attested to by Stuart C. Dorm~n, of puhlicatic~r~
in the .Suffolk %'.3eekly Times
Supez~,isor ~.k~rtocchia: I 81so have progf of publication in the
of Southofd and m£fidavit of Albert ?,ichmond, T~..~,~ Clerk that was l)osted on the
bulletin board sworn to. At this time I would like to he~_~r from an),one %,;ho ¥:ishes
to discuss matters on the littering ordinance.
Robert Reeves: Does this include the trucks that 9o back and forth to
the dump?
Judge Surer: It can, but it is already in the Vehicle and Traffic !~,
~obert Reeves: ?/e!l~ we have numerous calls about this, ~,]d by the ti~e
the police get there, they are already unloaded and v;e have several bad c~_fenders
Sbedrick is one of them.
Supervisor _~.~rtocchia: I think we have something in the Refuse Ordinance
that covers tha~. ~nyone else on the littering ordinance?
Joe Sullivan: I have a resolution of the Southold Town Democratic Committee
tha~ was adopted last night, may I read it please?
~upervisor ~'mr~occhia: Sure
Southo!d To~n~ Board -14- July lV, 1Q7~-l~
Jul;, 16, 1073
Notice of Resolution - Un~imously p~s.sed b]~ Sou%hold T~wn Dem~ratic C~,u,~ittee
Resolved that the Southold To~vn Dem~r~tic Co~ittee is o?~osed
adoption ~ any proposed ordinance or l~al la~s which would, in any
restrict or regulate ~he circu!a~ion and/or distribution ~ political
and lJ. terature an~There in the T~ of Southold~ or to any proposed !,~al
whic]] ~vou!d in an}~ $~ay inte=fere with the election distric~ activit].es,
door canvassers~ telephone canvassers and candidates for office.
~ it further Resolved that the Southold Y~ ~m~ratic Co_~t~.,=
the proposed st~dardiz~.~ion, on across the board basis for all fines or
for i~ractions of l~al ordi~nces or l~al laws.
The idea here ~.~as that v~e'd ha~e for it to be e~orced where one
for murder and another guy for littering, and they both ~o~ the same sentence~
I think the same concept applies to l~aI laws. I would like to read a
"I v.,ould like to point out that the proposed !~a! anti-litter an,]
solicitor legislation, as n~v vzritten, could be ~sueed to li~t t~e ~o!itica'3
freedom and right to free ex%3ression ~ l~al residents, particularly Yzhere
l~a! press is biased in favor ~ the political ~.rty in
The political le~let or h~dbill is in the finest tradition of Tho:~.s Paine,
Samuel ;~ams, Patrick He~y and other Patriots of the American Revolution, and _T
believe ~he freedom ~o distribute political lemTlets ,.nd other l~terature muut.,bu
5m~r~nged u~n by an7 X~al leg~sXat~on.
~ the intent ~ the proposed i~al anti-lftter ~eg~slatS. on 5s pure1~y to bon
litter~ I submit the state already has ~.ntf-litter lav~s and appropriate
Perhaps tho ~s~er to li~ter is no~ new !~aI legSslation~ but the e~orcemenl
existing state laws.
Su~isor P~rt~chia: D~s anyone else wish to s~ak?
.C_outhold Tc~n Board
-!5- July!?, 19?B
Eloise Norklun: i.Jould this inc!u~e such things as politicz~l
bills and cards, ~.nclude little sewing kit,~.~, or mirrors: or little coo_bs or wl~.~-~t
have you?
· hem ou~, No
Judge Surer: T_f you are t'_.arov;in9 the:n around~ ye=_, . _
Robert T~.sker: .~.~ybe I can cl[-~rifs, $~he bo. ndbi!l$
qloise ~?orklun: Please do
?.obert Tasker.' The handbi!!~, i~ doesn'~ prohibi~ hand~ils,
.
wh3t it says "}[andbills in public places" ~o person shall thr~ or depos~_t
bandbi!! on or upon any jsid~';a].ks~ streets, or other public I)lace withip lbe Town.
in a pgblic place,
Iqo ~rson shall distribute or hand ou~ any handbi!!/excep~ %o a person ~ ....
accept ~.T. In Vehicles, ~]o person .sha!] ~.row or deposit ~..ny handbill J~
Shy vehicle exc~p~ i~ shall not ~ unlg~%~u! in g..ny public place for s peri, ch
to hand ou~ or distribute e. handbill to any ~cuioant ~f a vehicle ~:ho is
to accep~ it. ?he purpose {= to preven~ the ~tter. It doesn'~ ~3r~h;ki?
distribution >~ow, on private pro~rty ~ 1'{o ~erso~ shall t~h~v or dcnos~t
hancu_l~ in or upon any private property which rte te~nDgrz..ri_L5 .... imkL'bited.
same thing applies. If the person is willing tc acceot e handbi!!~ ??- ci~r~ ~-
tribute it~ but you c~.n'% i[us% sce. tter then al! ever the t~.?n. ?'~d ycu c;~n
tribute handbills__ to houses, as !one e== you ~t,l- thegn in .~ ,3~ece -.,le~--.., __ . they ,.-~,1
b!~,3 away. ~So it has no prohibition.
Bloise Nor]:!un: One more question then. ~re csnvassers or
sa!espn , sT git]. scold% cook,es, so,
Su~isor [.'~rt~chis.: We have another ordinance for thz..~ right
~ ~his one
E%p~se ~iork!un: ~at's no~ in the same ordin~ce then,
3oe Sullivon: w st~l urge regardles ~ r,,b.a~ ~he To'~ ~+torno>' ',
said, I still bol~eve ~he legis!a%ion can be ~s construed and I urge ~l~e To~..,n
Board ~o revise ~he !~w ~o exemp~ political literature from the ordinance. Z lc.c!
· ha~'~v~,._., you are going to solve fu~e. probiens, because ~he 15%.;s can be :~iscons%rued
~. ii'hold To~vn Eoard -I~3- July 17, 19/3,
,,
Joe buliivan ~conto ): they cen be interpreted by various peo?!c
different things, ~'e see it hnppen every day. Tkere's no use getting into
types of s~tuation~ And ~urthermore ~.~ith ~ol~ic~!~ ........ le~f!et%ing ~ one h~d
do%~.n to the 1~ s].._ t~Tn hall to request s per~i~ to leaflet so you could
!~a! neighborhoods to so].ic;[~ su~Dor+ ...... for a ?o]i+ical pa. rt~' +hS.t t~l<c~ .
R~bert Task<er: Ne ~rnit is required,
Joe E;u!!ivan: I ~ talking about the se.Licitin:2 that ~.s co"~in~3
but I do believe ~h;}.-L bo~:h ~hese/c~.n be m~zconstr:;.ed and I urge the
~,o~t~c~l ~iter~e~,r~ anL] ac%~_v:~.'tiec =~,~c~-,~,-~l,, ~o tker~ ~ nc ,~ue~i
$upez~.izor 7.?n. rtocch~.~: Everyone ha~.d an o?port,ln~_ty to be heard ~?n
proposed littering
3~.rvi~ Verity: ~ the hea'd of flound ]~oad there, instead of
stt,~f in the c~.ns, they sr~sh ~che bo%iles snd that's bad~ Sonletimes %l';cy thr,ou?~
them ~er tl%e ba~c and little kid~_ ~,,n ..... -~o~'rn. the ba.~C; ~.pd get co+.. ~,~o%? ........ ~o~.~e
should be done about that there right
Supcrv-aor }la.r?~ ..... : It i5 a k~..rd th!nc; to sc.y, but scm_c ~f our
~eop!e %.re U I G ~. Oka~.~ ha.s eve:ycne h~d thc chance to~ea.l~ on ~e a. ro~c
' '- . ' - .
tb.e ordinance.
ze.I.~: Just one cuestion ~,o~,-~ this !itt.erSng include
%~aterx~rays: onr crec}~s and ell 'Loo?
Supervisor PL~rtocchia: Yes. Nc,..~ the boa. rd ¥;ill close Tl~is hez,~in,~..:'.',
this ~i~e for +' '~ ..
.n].~ pm.r~; here~ the !i~erin£; end go ~o part .o %'~hich is $o!icil. in~;
and peddlin~.
Councilman !Io..~an: ~.~rso ~.~or!clun, in reference -to your .Girl .'Jcouts
the !a%,~ on peddling and soliciting has ~..rT.i~!e 12 any recognized non-proud-lc_
religious~ charitable~ educational, civic or po!itice. 1 or~anization~ 2-any or~jan-
iza~ion such as Lo:; 5couts~ Girl Scouts, or local firemen, these are cxcepted,
51rs. Nor!:lun, further ~ that matter, nothing in This local la%v shall app!l' to;
- "~'ho!d T~vn Board -17-
Counci!v;an l{o_~_an, (cont.) !. Sales cop. d,~cted or pursuant to
or by any order o_f the Court. ,o . ~rscns_ c~l l'~n<]_, ...... _ .personz' l_ .,~r°~er1:".,l. I -- ~'],at .... ,..,boT. e
sg~les or deal= in =u,'~' arzicles 9 ~r~-n,~+s ~v~9 an established ~lace
business r~ithi, %be Fown~ or their employees. ~-. Peddling of meats: fish,
or similar produce :3~., ~r~ers or ~reons ~'~o pro~uce s~ch corrnodit_[e~, .
in mil~-, baked 9oods~ heat_;_nc3 oils ~nd .q=41,, ner~s~,t,.~,ezc~ .5 LJ..ce-sed ,-e;,i-e
brokers~ These ere al! e>:cepted.
E!oise ~<orli!un: r wo~]J~ ~_n.~ ..... *:3 ._~ L,
co~e from outside, m~9;,rines, ti.nwear or what have ~ou~ i mean, tlnis :.3 your
~n this,
Su~,isor l.b~.rt~chia: Pnyone else v, ish, ~:, s.~e~,~? Do ,,ou need
c!ar~ic~tion in anybody's mind) any que~;tions Mou v,,pnt to raise: we'll be <.,1' .~
to answer if ,,o,, do a~L'o~e else ,vish t~ sDea~< on l:]][.s ~-o~osed c~:~,¥~e'~
c~J_!. 'the Board closes this hearing for ? deter,'tin;~.<:ion which will l~e ,~zT~ie ;-"
!~ter date, Thane yo,~ for !istenin? so
NOTICE
Please take notice that, in
connection with preparation of
the Code of the Town of Southold,
new proposed local laws, to be
included in the codification, were
introduced at a meeting of the
Town Board of the Town of
Southoid held at the offices of the
Town ~pervisor, 16 South Street,
Green~, New York, at 3:00
P.M. on the 19th day of June,
1973, as follows'
1. A local law to provide for
the control of litter in the
Town of Southold.
Said local law prohibits
litter in public places; litter
from vehicles; litter in parks,
beaches and bodies of water;
litter on private property;
regulates the distribution of
handbills; and establishes
penalties for offenses.
~-. A local ~aw to provide for
the licensing and regulation
of peddlers and solicitors
· with!n_ _the Town of Southold.
Said local law requires the
licensing'of peddlers and
Solicitors; establishes ap-
plication requirements,
proeedm, es for investigation
of application and issuance of
the permit; estalaishes a
permit fee and lieense
restrietions on the operation
of. permitted business ae-
tivities; and provides
.... Please take further notice that
mblie hearings with respect to
the local laws entitled and
described above will be held at
-$treet, Greenpm-t, New. York at
7:30 P.M..on the 17th day of July,
an opportunity to be heard.
Copies. of the proposed local
laws are on f'fie in the office of the
Town Supervisor and in the offiee
of the Town Clerk, where the
same_ may be inspected during
office horn's.
Dated: June 19, 1973.
BY ORDER OF THE
TOWN. BOARD OF THE
]TJ2n. .TOWN OF SOUTHOLD
COUNTY OF SUFFOLI~,
STATE OF .NEW YORK. ~ ss:
........ S.~,u.a~.~. ~,..D.o~.~.~n .............. being duly Sworn.
s~s that ..~... is Printer ~d Publisher of ~e SUFFOLK
WEEKLY TIMES, a news~per pub~sh~ ~ Gr~nport. in s~d
county~ and ~nt the n'oti~, of which ~e a-ae~ is a print~
~py, ~s ~en published in the ~d Suf~lk W~k~ Times
once in ench w~k, ~ ............ qq~ ............ w~ks
t~en ty eighth
suc~ssiv~ly ~mmencin9 on ~e .......... : .... ~ ..........
d~ of ~une,- ~ ~ ~
~,~-...~ ~.~..~ ...........................
Sw~ to ~f~e me this .~.~ '. .....
day of .. 19...=..
. ._. .
.. . . '; . ~..,' v. .... f ? · ,~ ... ~. ~ ~
]O~£PH L.~WRENCE TOWNSEND
NOTA"~¥ PUBLIC OF NEW
.,