HomeMy WebLinkAboutLL-1988 #12 Local Law , 198B
A Local Law in Relation to Garbage, Rubbish and Refuse
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 48 [Garbage, Rubbish and Refuse) of the Code oF the Town of
$outhold is alnended as follows:
Section 48~7 is hereby added to i-ead as fo,ows:
Section 48-7. Revocation of Permit and/or License.
Permits and/or licenses issued under the provisions of this
ordinance may be revoked by tbe Town Board of the Town
Southold after notice and hearing for violation of the provisions
of this ordinance.
Notice of the hearing for revocation of a permit and/or license
shag be given in writing, setting forth specifically the grounds
of the complain and the time and place of hearing. Such notice
shall be mailed, postage prepaid, to the permittee and/or licensee
at bis last known address at least five [5) days prior to tile date
set for hearing. The said hearing shall be conducted in a manner
wherein tbe accused permittee and/or licensee is afforded full due
process of the law.
At the conclusion of said hearing, and as a result of tbe evidence
adduced therein, the Town Board may, in its discretion, revoke
the said permit and/or license or in lieu thereof, suspend the
subject permit and/or license for a specified period of time, censure
the permittee and/or licensee, or impose a fine, not to exceed two
thousand dollars ($2,000.).
II- This Local Law shall take effect upon its filing with the Secretary of State.
Li,calLa~'t9 No. __12~ ~_ .....
(Please Use this Form for Filing your Local Law with the Secretary o! State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
Local Law No ..... ~.2 .................. of the year 19..~.~ ......
A local law....i.n..r..e.~.a..~.~.o..n., t.o...G..~.r.b..ag'.e.,..P.. ~.b)~ ~_,s.h. ~r~d..Re~.u s~ ..........................
(Insert title)
Be it enacted by the ....... To. wu. 2o~d ................................................... of the
(Name of Legislative Body)
of $outhold ........................ as follows:
Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town
of Southold is amended as follows:
1. Section 48-7 is hereby added to read as follows:
Section 48-7. Revocation of Permit and/or License.
A. Permits and/or licenses issued under the provisions of
this chapter may be revoked by the Town Board of the
Town of Southold after notice a~d hearing for violation
of the provisions of this chapter.
B. Notice of the hearing for revocation of a permit and/or
license shall be given in writing, setting forth specifically
the grounds of the complaint and the time and place of
hearing. Such notice shall be mailed, postage prepaid, to
the permittee and/or licensee at his last known address at
least five (5) days prior to the date set for the hearing.
The said hearing shall be conducted in a manner wherein
the accused permittee and/or licensee is afforded full
due process of the law.~'~
C. At the conclusion of said hearing, and as a result of the ~'
evidence adduced therein, the Town Board may, i.~i its
discretion, revoke the said permit and/or license or in lieu
· '. thereof, suspend the subject permit and/or license for
a specified period of time, censure the permitte and/or
licensee, or impose a fine, not to exceed two thousand
dollars ($2,000.00).
II. This Local Law--~hall take eff~ upon its filing with the
Secretary of ~tate.
(If additional space is needed, please attach sheets of the same size as this and number each)
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicabl,e..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No..L2 ..... of 1~8 ....
~ky: of .$o.u. thnl .... was duly passed by the ... Tnwn.
of the ToWn ' ' · .....................
~/~i~/,~e (Name of Legislative Body)
on Hay 3 8 8 .
............................. 19 ........ 'm accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........
County
City
of the Town of ................
Village
on ............................. 19 ........
was du fy passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
and was deemed duly adopted on .................................. 19 ........ , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
County
__ City
otmeTown of ................
Village
on ............................. 19 ........
........ of 19 ........
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
on .................................. 19 ..........Such local law was 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 applicable
annual "
provisions of law.
4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.)
of the
on ............................. 19 ........and was approved
repassed after disapproval
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
City
of ................ was duly passed by the .........................................
Town
Village (Name of Legislative Body)
not disapproved
by the ............................
Elective Chief Executive Officer*
on .................................. 19 .......... Such local law being subject to a permissive referendum and no
valid petition requesting 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 Officer means or includes the chief executive officer o! a county elected on a county-wide basis or, if
there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor o! a town where such
officer is vested with power to approve or veto local laws or ordinances.
(2)
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
of the City of ................................ having been submitted to referendum pursuant to the
o 36 '
provisions f~37 of the Municipal Home Rule Law, and having received thc affirmative vote of a
special.
majority of the qualified electors of such city voting thereon at the general election held on ............
............ 19 ......... became operative.
(County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 .........
of the County of ...................... State of New York, having been submitted to the Electors at the
General Election of November ............ ,19 ...... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal 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 certifica-
tion.)
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.
Date: May 4, 1988
officer designated by local legislative body
Judith T. Terry, Town Clerk
(Seal)
(Certification tobe executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF..,~.f.~o&k .................
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 ena~,{nent of the local law annexed hereto.
Signamre
Robert H. Berntsson,Assistant Town Attorne~
Title
Date: May 4, 1988
~k~x Southold
Town of ..................................
I1~ THE MATTER OF A
PUBLIC HEARING
BOUTHOLD TOWN BOARD
May 3, 1988
8:'~0 P.M.
PROPOSED "LOCAL LAW 1N RELATION TO GARBAGE,
RUBBISH AND REFUSE_"
Present: Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Councilwoman Ruth D, Oliva
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
Assistant Town Attorney Robert H. Berntsson
SUPERVISOR MURPHY:This is a hearing on proposed "Local Law in Relation
to Garbage, Rubbish and Refuse", to read by Judge Edwards.
JUSTICE EDWARDS: "Public Notice is hereby given that there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the
19th day of April, 1988, a Local Law entitled, "A Local Law in Relation to
Garbage, Rubbish and Refuse." 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 Hail, Main Road, Southold, New York, on the 3rd day of
May, 1988, at 8:70 o'clock P.M., at which time all interested persons will be
heard. This proposed "Local Law in Relation to Garbage, Rubbish and Refuse"
reads as follows:
BE IT ENACTED by the Town Board of the Town of $outhold as follows:
I. Chapter q8 (GarbaBe, RubbisE and Refuse) of the Code of the Town of
Southold is amended as follows:
1. Section 48-7 is hereby added to read as follows:
Section [1~1-7. Revocation of Permit and/or License.
A. Permits and/or Licenses issued under the provisions of this ordinance
may be revoked by the Town Board of the Town of Southold after notice
and hearing for violation of the provisions of this ordinance.
B. Notice of the hearing for revocation of a permit and/or license shall
be given in writing, setting forth specifically the grounds of the
complaint and the time and place of hearinB. Such notice shall be
mailed, postage prepaid, to the licensee at his last known address
at least five (5) days prior to the date set for hearing. The said
hearing shall be conducted in a manner wherein tl~e accused permitee
and/or licensee is afforded full process of the law.
C. At the conclusion of said hearing, and as a result of the evidence
adduced therein, the Town Board many, in its discretion, revoke the
said permit and/or license or in lieu thereof, suspend the subject
permit and/or license for a specified period of time, censure the
permitee and /or licensee, or impose a fine, not to exceed two thou
sand dollars ($2,000.).
II. This Local Law shall take effect upon its filing with Secretary of State.
Dated: April 19, I988. Judith T. Terry, Southold Town Clerk."
Page 2--LL Garbage, refuse Chapter 48
JUSTICE EDWARDS: I have proof that it was published in the Long Island
Traveler Watchman, in the Suffolk Times and on the Town Clerk's
bulletin board- Thank you, Frank.
SUPERVISOR MURPHY: You've heal-d the official reading of the second
Proposed Local Law concerning our garbage and refuse. Is there anyone in
the audience that would like to address the Town Board? (i'Ve response) Any
Town Board members who would like to make a comment? What we're trying to
do, again, as Ellen said before is try to make the Code a little more strict;
a little more edforceabJe, we've caught several contractors and we've not been
able to prosecute them for taking garbage and constuction debris from out of
town and bringing it into Southold Town. This potentially could have very,
very serious concerns in oul- Landfill and could c~use future residents many,
many problems, so we're trying to tighten up on it to get a little better
control. Are there any other comments? (No response) Hearing rtone, ] will
close this public hearing.
'~-7:d.th T. Terry ~'--
Southold Town Clerk
: THE SUFFOLK TIMES, a Weekly
a printed copy, has been regular/y published in
COUNTY OF SUFFOLK
STATE OF NEW YORK
Editor, of THE LONG ISLAND [RAVELER-WATCHMAN,
BARI~ARA