HomeMy WebLinkAboutLL-1979 #01LOCAL LAW NO. , 1979
A local law to amend Chapter 48 of the code of the Town
of SoUthold in relation to the use of the town refuse disposal area.
1. Section 48-3 of Chapter 48 of the Code of the To%vn of Southold is hereby
amended by adding a new subsection thereto, to be subsection C, to read as follows:
C. No vehicle shall be permitted to transport refuse into
any refuse disposal area maintained by the Town of Southold,
unless such vehicle displays a valid parking permit issued
pursuant to the~ provisions of Section 65-3 of the Code of the
Town of Southold
2. This local law shall take effect immediately.
DEPARTMENT OP' STATE
162 WA,~-IINGTON AVENUE
ALaANY, NEW YORK 1~31
Robert W,.' Tasker, esq.
OFFICE OF TOWN ATTORNEY.
425 Main Street
TOWN OF SOUTHOLD
Greenport, NY '11944
'August 9,'1979
Pl~asa be adv2sed Cha= Local Law(s) No. 1
.o~ 1979 o~ :h'e TOwn of Sou~hold.
· July 30, 197~.
· ~'are .enc!os'~n~ a~dl=!ona.i forms for your fu:ure
fm
e=c. -
$:a:e ComgCro.ller
DiVision of ~unlclpal Affairs
Gat1 A. BaCas
$:a:.e ~eco:ds &
· Law Bureau
AC 2061 (1,'79i
EDWARD V. REG~,FI
State Comptroller
STATE: OF' NEW YORK
DEPARTMENT OF AUDIT AND CONTROL
ALBANY
] 2236
September 20~ 1979
WILLIAM C. WALSH
Oeputy Comptroller
I~1 Rel~lying Refer To
Robert W. Tasker, !Esq.
Office of Town Attorney
425 Main Street
Town of Southold
Grsenport~ N.Y. 11954
Dear Sir/Madam:
This is to advise that Local Law(s) No.
of 1979
for the Town of Southold
was received and filed on
July 30, 1979
Very truly yours,
EDWARD V. ~GAN ~ ..... ~-~.
State ~o~ oller ~ 'x.
I
Kendall R. Pirro
Associate Attorney
Charters Unit
KRP :dak
cc: Secretary of State
~!ea~ Use th~ Frown for F~g your Local Law with the Secrem~ c~f Staie}
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
~Bi~ Sonthold
Town
Local Law No .................... .1. ..................................... of the year 19 _7..9.. ......
· ' ' w to amend Chap..ter 48 of the code of the Town of So'uthold in relation
A local la ................. '.: ...................................................................................... ; ..........................
(ln~t title)
to the use of the town refuse disposal area.
Be it enacted by the ........................ T,~.n.....B...°...a.r..~. ................................................................................... of
(N~me d Lefisl~ive Body)
x6~ of Southold as follows:
Town
1. Section 48-3 of Chapter 48 of the Code of the Town of Southold is hereby
amended by adding a new subsection thereto, to be subsection C, to teas as follows:
C. No vehicle shall be permitted to transport refuse into
any refuse disposal area maintained by the Town 6f Southold,
unless such vehicle displays a valid parking permit issued
pursuant to the provisions of Section 65-3 of the Code of the
Town of Southold.
2. This local law shall rathe effect immediately.
~(If additional space is needed, please attach sheets of the same size as this and number each)"~
Page 1
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
(Final adoption 5y local iegistative body only,)
I hereby certify that the local law annexed hereto, designated as local law No ........... ..1...... of 19...7...~"'%,:~
of thexItxyx of Southold was duly passed by the ................. Tg...w...n.....B...o...a..r...d. ....................................
"['own ...................................... (Name of Legislative Body)
on ............. .J.u..IY...2...4. ................... 19...7...9.. in accordance with the applica'ble provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassagc after.disapprovaL)
I herebycertify that the local law annexed hereto, designated as local law No ..................... of 19 ........
County
City
of the Town of ...................................... was duly passed by the ................. i~'~;"~}"[[;'~;~'i;'t'i',~'~L'&~i ..........................
Village
not disapproved
on .................................................. 19 ........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer ~
and was deemed duly adopted on ........................................................19 .........in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local taw No ................... of 19. .........
County
of the City of ...................................... was duly passed by the ......................................................................................
Town (Name of Legislative Body)
Village
not disapproved
on ................................................... 19 ........ and was approved by the ...............................................................
repassed after disapproval Elective Chief l~xecutive Officer *
on ...................................................................... 19. ........ Such local law wag submitted to the people by reason of a
mandatory
permissive referendum,and received the affirmative vote of a majority of the qualified'electors voting
general
thereon at the special election held on .................................................... 19 ........ , in accordance with the appli-
ann ual
cable provisions of law.
(Subject to permissive referendum,an~t final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. .........
Co un ty
City
of the Town of ...................................... was duly passed by the ................................................................................ on
(Name of Legislative Body)
Village not disapproved
.................................................... 19 ........ and was approved by the ......................................................... on
repassed after disapproval Elective Chief Executive Officer *
.............................................................. 19 ......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendu= having been filed, said local law was deemed duly adopted on
...................................................................... 19 ........ , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide
or, if there be none, the chub-man of the county legislative body, the mayorof a city or village or the supervisor of a tow~
wh~r~ such officer is vested with power to approve or veto local laws or ordinances.
Page 2
(Cit) local law concerning Charter re~ mion proposed by petition.)
I hereby certify dmt the local I aw annexed hereto, desi Dated as local la No .....................of 19 ........
of the City o¢ b, avi ~g been sul~mit~ed to referendum pursuant to the
provisions of 37 of the },mnlc~pa~ ~iome Rule ~aw,and having received the amrma,zve vote a ,
special
of the qualified electors of such city voting thereon at the general election held on ..................................
................ 19 .......... became operative.
6. (County local law concerning adoption of Charter.}
I hereby certit¥ that the local law annexed hereto, designated as Local Law No ....... of 19 ...... of the
County of ......................................... State of New York, h. aving been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
~ I further 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 adopted in the manner indicated in paragraph ............... .1. ........... above.
CleOerk of the County legislative body, City, Torpor Village Clel'k or
oftic~r designated by local legislative body
Judith T. Terry, Sou;hold Town Clerk
Date: July 26, 1979
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby 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 taw annexed hereto.
Signature
Town Attorney
Title
Date: July 26, 1979 ~dgaxt¥
~ of .............. .S...o.'.~.t..t..h...o.!d. ...............................
Page 3
PUBLIC HEARING ON A LOCAL LAW TO
~END CHAPTER 48 OF THE CODE OF
THE TOWN OF SOUTHOLD IN RELATION
.TO THE USE OF THE TOWN REFUSE
DISPOSAL AREA
A public hearing was held by the Southold Town Board at the
Southold Town Hall, Main Road, Southold, New York, 11971 at 8:10
P.M. on Tuesday, July 10, 1979, on a-Local Law entitled "A Local
Law to Amend Chapter 48 of the Code of the Town of Southold in
Relation to the Use of the Town Refuse Disposal Area.,
PRESENT,were:
Deputy Supervisor James F. Homan
Councilman Henry Drum
Councilman William R. Pell, III
Justice Martin Surer
Justice Francis T. Doyen
Town Clerk Judith T~ Terry
Town Attorney Robert W. Tasker
Deputy Supervisor James F. Homan ca~led the hearing to order at
8:10 P.M. (D.S.T.)
Justice Surer read the Notice of Hearing as follows:
NOTICE IS HEREBY GIVEN that there has been presented to
the Town Board of the Town of Southold on the 12th day of June,
1979, a Local Law entitled "A Local Law to Amend Chapter 48 of
the Code of the Town of Southold in Relation to the Use of the
Town Refuse Disposal Area", as follows:
1. Section 48-3 of Chapter 48 of the Code of the
Town of Southold is hereby amended by adding a new
subsection thereto, to be subsection C, to read as
follows:
C. No vehicle shall be permitted to transport
refuse into any refuse disposal area maintained by
the Town of Southold, unless such vehicle displays
a valid parking permit issued pursuant to the provi-
sions of Section 65-3 of the Code of the Town of
$outhold.
2. This local law shall take effect immediately. Copies
of such Local Law are available at the office of the Town
Clerk for inspection by and distribution to any interested
person during business hours.
Page 2 '~.
P.-~BLIC ~EARING; Local Law to Amend Chapter 48 of the
Code of the Town of SOuthold
July 10, 1979
NOTICE IS FURTHER GIVEN that the Town Board of the
Town of Southold will hold a public hearing on_the aforesaid
Local Law at the Southold Town Hall, Main Road, Southold, New
York on the 10th day of July, 1979, at 8:10 P.M. at which
time and place all interested~persons will be heard.
DATED: June 12, 1979
BY ORDER OF THE S0UTHOLD TOWN
BOARD
JUDITH T. TERRY TOWN CLERK
JUSTICE SUTER: Wa also have affidavits from Joan Gustavson of
the Suffolk Weekly times that that the legal notice was published on
June 21, 1979, and we have an affidavit from the Long Island Traveler-
Mattituck Watchman that the notice was published on June 21, 1979.
We have a statement from Judith Terry, Town Clerk of the Town of
Southold that the notice was published on the Town Clerk's Bulletin
Board, Town Clerk's Building, Main Road, Southold, New York.
DEPUTY SUPERVISOR HOMAN: Ladies and Gentlemen you have heard
the reading of the public notice, the affidavits that this has been
properly publicized for the hearing. This hearing has to do with
extending the use of beach stickers, next year we will probably call
them general use stickers, to apply their use also for entrance to
the disposal area. We have from Mr. Dean and from~other sources
some well rounded conuuents that some people from out of .town, namely
the outskirts of Riverhead are using Qur disposal area. Those who
have been involved with the Town government over the past few years
are aware that we have enough trouble with our own garbage, we don't
need someone else's. Along that line we have asked the Town Attorney
to draft this proposal and we are having this hearing tonight to ask
for any comments on the proposal as it has been read to you. Is there
anyone present who wishes to speak on this?
HOWARD ZEHNER: I was President of the Southold Businessman's
Association when this was first brought up, and I think it is a very
good idea. Other towns restrict the use of their town dumps. They
also, I understand, charge out of towners to dispose their materials
in the town dump. There is a monetary reward to the town that way.
I am wondering if you have considered a charge for out of towners?
DEPUTY SUPERVISOR HOMAN: To my knowledge the Board has not considered
charging out of towners. We would just rather not have them as far as
the disposal area goes. We would rather limit it to the residents and
tax payers of the Town of Southold.
MRS. CORNELL: How do you intend to avoid anyone going in. The fact
they have a sticker is one thing, but how do you stop a truck or car that
does not have a sticker?
Page 3
PUBLIC HEARING: Local Law to Amend Chapter 48 of'~he
Code of the Town of Southold
July 10, 1979.
DEPUTY SUPERVISOR HOMAN: Initially we will have some type of
surveilance to tell the people who do not have a sticker to get one.
Maybe w~ will have people there to issue the st~ckers to the people.
upo~ th6ir s~mitting proof of their residency. Is there anyone else
present who has ah~thing to say.
GLADYS CJASK~: I didn't understand what you said at the end. You
may have answered what I was going to ask. I think it is a great idea~
What are you going to do about the three camps. Are they going to dis-
pose of their garbage there or bring it to the dump. If the campers
cannot go to the dump, they will just leave it along side of the road
somewhere.
DEPUTY SUPERVISOR HOMAN: I believe as far as KOA is concerned,
if that is what you are referring to .....
MRS. CJASKO: I think there are three camps in Town.
DEPUTY SUPERVISOR HOMAN: Whatever. I think the camps are pro-
bably regulated by the Suffolk County Health Department that they have
disposal system on site. Those people who run the camps are residents
of the Town so there should be no problem with the garbage.
MRS. CJASKO: Oh, okay.
DEPUTY SUPERVISOR HOMAN: Does anyone else have any comments?
MR. ZEHNER: I don't mean to belabor this, but the intent of the
original proposal was to allow contractors to come in to do work in
the area, dispose of their materials, and be charged for this service.
I understand there~is~ai~ob~ ~i~t~'~h~ dump. Where would an out of
town contractor who has a license to work in the town based on the low
bid situation dispose of his material.
JUSTICE SUTER: There is already in the Code as established under
Section 48-3, subsection B "No garbage, refuse, rubbish or other material
that does no% have its origin within the Town of Southold shall be de-
posited or disposed of in the Town Refuse disposal area. If it originates
in the Town of Southold, the contractor can dispose of it there.
DEPUTY SUPERVISOR HOMAN: We do make provisions for stickers for
out of town residents, which enables them to use our stickers for the
beaches, etc. The same would apply for the disposal area. Does anyone
else have any comments on this proposed Local Law. Has everyone had the
opportunity to speak? There being no further comment, I declare this
public hearing closed at 8:20 P.M.
Respectfully submitted,
· /
Babette C. Conroy /
Secretary
legal' notice:
PUBLIC HEARING ~ ~
ON LOCAL LAW ' · ,. OF SUFFOLK,
'!'. NOTICE 'is hereby given' ' ~ ~ ~- OF NEW YOI~,
' I:;;~J jjlor(, jl::.~ JN"?;I preened · issued p~uantW the ~
· , '1,: '1',,.~ ;, Ih~t. rd n, the To~n, :,
,,, ~ ,,,,,,.,;, ,,~, ,h,,
;~.r'(,. :~,~2, ;. I.oca, Mw en~ . SO~iholfl~
~re
titled "A Local Law to Amend'
Chal:ter 48 oi' ]be Code vt'
'1'o~[: of Soul. bold in Relation
to dm [:se o1' It,e Town Itel'use
Ihspos:..d Area". as Inllows:
1. Section 48-;; of Chapter
48 of tl:e Code o£ the Town
of $outho]d is hereby-
amended by adding a new,
subsection thereto, to the:
subsection C, to read as fo]-
ss:
iness hourS.
.. ,~..~s.q;a~.=o~ ............ being duly Sworn.
~ihat ..~hO., is Printer and Publisher o! the SUFFOLK
i[LY TIMES. a newslx~per published ~zt Greenport, in said
,,~, and t~at the notice, o! which the annexed is a printed
.,, 'h~s been published in the z-id Sutfolk Weekly Times
NOr~CE IS
GIVEN that the TOwn''Board ' [l each week, tot ...... Q.ll..e. .................. weeks
of the Town of Southold will ~
hold a public hearing .on the siwly eommencin(j on the .... 2..~?.~ .................
aforesaid Local. I_;aW at th~
lows; :...
C. No vehicle shall be '
permitted to transport '1: '"' .S0uthold Town'. tlall, j 'M. ab} . ~ ... ~l. lz.e..... 19
refuse into any refuse dis- Road Southold,of NeWjuly,--or' 'on . . ...... ff~'( },~:;~,y.~.,~'"~
pos, ti :re.:, n,.'dlli,.,i,.vd by;: the 10th day
,~ -, vch ' ( ~O ~i~ea~ ~ntereSt~;Oe~°n~': ~ to ~e me this .. ~ ....
a valid ~rk~g ~rmit. ~i~h~ard.
' ' ~i! '~' ' ~- l
· DATED; June 12, 1979' :i::...ir,i' ii~ ..... ~}~ ..... /. 19. ~./, J
By ORDER oF /? C:~i.,.-~/.:' . /"
.TOWN BO~ ~ .......... /'"~ ' ;~ ..........
NOTICE OF
. PUBLIC HEARING
ON LOCAL LAW
NOTICE is hereby' given
:that there has~been presented
~to the Town Board of the'Town
of South01d on 'th~/: 12th day of
June, 1979, a Local Law .
i~".entitled '!A Local Law to.
'AmendChapt:r ~8 of the Cnfle
RelatiOn fo .:the Use of the
Sou~e!d:'~s .hereby .a~nded '
b9 adding a new subse~ion
thereto, ta be subse~ion C, to '
read as follows: ' ,
][:: CJ No vehicle sh~I'b~ pet- .
mitred ~ transPe~ ~e~us~ int~_.~'l .
h ~y ~efus~ ais~s~'atea ma~- '
~"~'~ed by' the ToWn of South- .
ii?"plays a 'v~id 'p~g pemit
~?,'/ssu~&'P~tsuam ~ the p~vi-
'~ gions of Se~ion 65-3 6f the
}':~ Code of the ~wn .0f Soul, ora.
~ L. 2. ~is '1o~1 la~ shaB take
)l'.~ffe~ imm~dimely. ~0pies of
~uch ~cai I a.. arc, avaqable at
:he ,'d'fic~ ol ibc [ov'u ClerL for
~[;. to any ~terested person our7
4. '~g bus,ess hours.
):.~ .G~EN ~at the Town ~ard o~
'~I~ :the'Tom of $outhold w~ hold
~¢:~a public hearing on the
;~:*af~esaid ~cal ~W at the
l:~S0uthold Town Hall, Main
~h~.Ro,d;. ~u~old, New York on
~}:t the l~h day of July, 1979 at
'[[-: 8:10 P.M.' at which t~e and
qi:plaee ~1 ~t~ed germns
:~I;~,DATED: Juoe 12. 1979
~}'.::. · BY ORDER OF T~
' ' sOuTHOLD TOWN BOA~
,¢~ JUDITH T. TERRY
::: Town Clerk
~} .... IT. 6,'21/79 (899)
COUNTY OF SUFFOL,~'
STATE OF NEW YO.",RK ss:
Patricia Wood, being duly sworn, soys that she is the
Editor, of -i~.HE LONG ISLAND TRAVELER-WATCHMAN,
o public newspaper printed at £outhold, in Suffolk County;
and that the notice of which the annexed is o printed copy,
i~as been published in said Long Island Traveler-Watch-
man once each week for ................ / ......................weeJ~
successively, commenci~g o~1 the ....... ~..Z ...........................
Sworn to before me this ....~.. ................ cloy ct
CLEMENT J. THOMPSON
~IO_TARY PUBLIC, State nf New York
Ne. 52-9321725
Residing in Suff0Jk County '
~ommission Expires lC, arch 30, 1980