HomeMy WebLinkAboutLL-1988 #29 LOCAL LAW NO. -.1988
A Loca~ Law in Relation to Garbage, R~,bbish and Refuse
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 48 (Garbage, Rubbish and Refu~e) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 48-4 is hereby amended by renumbering Sections B, C, and 13 to
O, E, and F, respectively.
2. Section 48-4 is hereby amended by adding a new Subsection B to read as
follows:
B. Effective January 1, I989, in addition to the fees established
in Section 48-4.A of this Chapter, there shall be a fee of one
dollar ($1.00) per one hundred pounds (100 lbs.) on loads con-
taining the following:
(1) Heavy brush, landscaping and yard wastes, including, but
not limited to stumps, branches, shrubs, plants, trees, bushes
and the like, but not including leaves and grass clippings.
(2) Construction debris, including, but not limited to scrap and
waste material discarded as refuse resulting from construction.
Wood, including, but not limited to timber, logs, boards and
the like.
(4) Demolition debris, including, but not limited to waste and
rubble resulting from remodeling, demolition and extensive
repair of structures, waste cement, concrete, masonry work,
bricks, tile, sheetrock, piaster, wood, shingles, and the like.
(5) Rubbish, including, but not limited to furniture, fixtures,
T.V. antennas, carpets, awnings, boats, and other like
objects that are not considered normal everyday household
waste.
(6) Any mixed load containing one or more of the above listed
wastes.
3. Section 48-·4 is hereby amended by adding a new Subsection C to read
as follows:
C. Effective January 1, 1989, in addition to the fees established in
Sections 48-4.A and B, there shall be a fee of five dollars ($5.00)
per item on appliances, including, but not limited to white goods,
refrigerators, washers, dryers, stoves, dishwashers, ovens, and
the like.
11. This Local Law shall take effect upon its filing with the Secretary of State.
Date 1/fi/89
Local Law(s) No. 28 & 29
Year 1.988
Municipality Town of Southold
Please be advised that tbe above-referenced material was received and filed by
this office on 12~5_/~88 v
Additional forms for filing local laws with this office will be forwarded upon
request.
CEIVED
,jAN g ,i9B9 NYS Department of State
' Bureau of State Records
NYS Depart,'~'"'at of State
Bureau of S[~ ~ :Records
162 Washington Avenue
Albany, NY 12231-0001
Town o£ Southold
Town Hall
53095 Main goad
P.O. Box 1179
Soughold, r~ 11971
(Please Use this Form Ior Filing your Local Law with the Secretary of 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.
__..T'?wn o! ..... ........................................
Local Law No ......... 2.9. .............. of the year 19 8A .......
(Insert title)
Town
Board
O!
the
Be it enacted by the.
(Name of Legislative Body)
~3i1~ of Southold ........................................... as follows:
Town ................................
I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 48-4 is hereby amended by renumbering Sections B, C, and D to
D, E, and F, respectively.
2. Section 48-4 is hereby amended by adding a new Subsection B to read as
follows:
B. Effective January 1, 1989, in addition to the fees established
in Section 48-4. A of this Chapter, there shall be a fee of one
dollar ($1.00) per one hundred pounds (100 lbs.) on loads
containing the following:
(1) Heavy brush, landscaping and yard wastes, including, but
not limited to stumps, branches, shrubs, plants, trees, bushes
and the like, but not including leaves and grass clippings.
(2) Construction debris, including, but not limited to scrap and
waste material discarded as refuse resulting from construction.
(3)Wood, including, but not limited to timber, logs, boards and
the like.
(4) Demolition debris, including, but not limited to waste and
rubble resulting from remodeling, demolition and extensive
repair of structures, waste cement, concrete, masonry work,
bricks, tile, sheetrock, plaster, wood, shingles, and the like.
(5) Rubbish, including, but not limited to furniture, fixtures,
T.V. antennas, carpets, awnings, boats, and other like
objects that are not considered normal everyday household
waste.
(6) Any mixed load containing one or more of the above listed
wastes.
3. Section 48-4 is hereby amended by adding a new Subsection C to read
as follows:
C. Effective January 1, 1989, in addition to the fees established in
Sections 48-4.A and B, there shall be a fee of five dollars ($5.00)
per item on appliances, including, but not limited to white goods,
refrigerators, washers, dryers, stoves, dishwashers, ovens, and
the like.
Ii. This Local Law shall take effect upon its filing with the Secretary of State.
(If additional space is needed, please a.._t~.ch sheets of the same size as this and number each)
(Complete the certification in the paragraph which applies to the filing o! this local law and strike out the matter
therein which is not appliCabl,e..)
I. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No...2.9. .... of 19 .8.8. .....
of the ~
Town of .... C~outh~d... was duly passed by the .... T..o.w..n..B. 9.a.r.~ .........................
~i~[~a~ (Name of Legislative Body)
on .... .N...°.v..e..m..b. 9.?...2..9. .... 19 ..8.8.:...'in 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.)
ofthe
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
Town of ................ was duly passed by the .........................................
{Name of Legislative Body)
Village
not disapproved
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 .........of 19 ........
County
__ City
ot me Town of ................
Village
on ............................. 19 ........
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
oyAne .: ..........................
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. (Sub|oct to permissive referendum, and final adoption because no valid petition filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
County
City
ofthe~own of ................
Village
........ of l9 ........
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 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 of a county elected on a county:wide basis or, if
there be none, the chairman of the county legislative body~.~b~e mayor o! a city or village or the supervisor of 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
provisions of ~3376 of the Municipal Home Rule Law, and having received the affirmative vote of a
special.
majority 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.)
! 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.)
! 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 thewhole of such original local law, and was
finally adopted in the manner indicated in paragraph ...... J. ..... above.
Date:
November 30, 1988
~'~lerl~ of the County legislative body, City, Town o~
officer designated by local legislative t~'dy
Judith T. Terry, Town Clerk
J
(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 ...S..U. ?..F..O...L..~. ................
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 law annexed he. reto. -
Signature
4 a..m.qs. .6....S..c.h.o.n..O.e.b.a.r.e.,..'r.q .w.n..6.t.t.ornqy .........
Title
Date: November 30, 1988
Town
of . .~. 9.u.thql.d. .......................
(3) . .
PUBLIC HEARING
SOUTHOLD TOWN BOARD
November 29, 1988
3:30 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO GARBAGE,
RUBBISH AND REFUSE".
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George L.
Councilwoman Ruth D.
Councilwoman Ellen M.
Town Clerk Judith T.
SUPERVISOR MURPHY: This is a hearing on a
to Garbage, Rubbish and Refuse". The official
Penny.
Penny IV
Oliva
Larsen
Terry
proposed "Local Law in Relation
notice to be read by Councilman
COUNCILMAN PENNY: "Public Notice is hereby given that there I~as been
presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 15th day of November, 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 Hall, Main Road, Southold, New York, on the
29th day of November, 1988, at 3:30 o'clock P.M., at which time all interested
persons wil 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 Southold as follows:
I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 48-4 is hereby amended by renumbering Sections B, C, and
D to D, E, and F, respectively.
2. Section 48-4 is hereby amended by adding a new Subsection B to
read as follows:
B. Effective January 1, 1989, in addition to the fees established
in Section 48-4.A of this Chapter, there shall be a fee of one
dollar ($1.00) per one hundred pounds (100 lbs.) on loads con-
taining the following:
(1) Heavy brush, landscaping and yard wastes, including,' but
not limited to stumps, branches, shrubs, plants, trees
bushes and the like, but not including leaves and grass
clippings.
(2) Construction debris, including, but not limited to scrap
and waste material discarded as refuse resulting from
construction.
(3) Wood, including, but not limited to timber, logs, boards
and th like.
(4) Demolition debris, including, but not limited ~o waste and
rubble resulting from remodeling, demolition and extensive
repair of structures, waste cement, concrete, masonry
work, bricks, tile, sheetrock, plaster, wood, shingles,
and the like.
Pg. 2 - LL Garbage, R ........ ~ish and Refuse
(5) Rubbish, including, but not limited to furniture, fixtures,
T.V. antennas, carpets, awnings, boats, and other like
objects that are not considered norman everyday household
waste.
(6) Any mixed load containing one or more of the above listed
wastes.
3, Section 48-4 is hereby amended by adding a new Subsection C to
read as follows:
C. Effective January 1, 1989, in addition to the fees established
in Section 48-4.A and B, there shall be a fee of five dollars
($5.00) per item on appliances, including, but not limited to
white goods, refrigerators, washers, dryers, stoves, dish-
washers, ovens, and the like.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
Copies of said Local Law are available in the Office of the Town Clerk to any
interested person during business hours. Dated: November 15, 1988. Judith T.
Terry, Southold Town Clerk."
I have an affidavit of publication from the Traveler-Watchman. A like affidavit
from the Suffolk Times. I have an affidavit from the Town Clerk, that .this
posted on the Town Bulletin Board. We have one communication from the Green-
port-Southold Chamber of Commerce. "Dear Board Members: We have reviewed
the proposed changes to "A Local Law in Relation to Garbage, Rubbish, and
Refuse" with our membership at our November dinner meeting. Our membership
is very much opposed to the proposed changes to the subject law for the follow-
ing reasons; 1. Any increase in fees will encourage people to dispose of refuse
at locations other than the town dump. Take a look at the side streets of
Towns such as Brookhaven and realize that $outhold also has convenient places
for people to illegally, but economically, dispose of their refuse. The cost
of the town cleaning up the illegal dumping will probably exceed the revenue
realized from the proposed fee change. 2. Refuse collection is part of our
taxes that we pay now. We prefer that the cost of refuse handling be applied
to the whole tax base. We do not condone financing town operations with
fees in lieu of taxes. The following questions were asked of our directors
by the membership which we were unable to answer. 1. What fees will be
imposed on those who use the dump such as the county, state, and Village
of Greenport? 2. It is perceived that the dum~p is not being operated very
efficiently. The questions asked were as followls: a. Why is it necessary
for one person to operate the scale and another person required to tell you
where to dump certain types of refuse? Why ¢0uldn't these functions be merged
into one job? b. The Town is no longer in thb business of selling sand.
This, in theory, eliminates at least one job at t~e dump. Doesn't this cause
a labor reduction in the operation? Where has ~his surplus labor been applied?
Your disapproval of the proposed local law is requested, and also a response
to the questions asked by our membership. Ve!ry truly yours, Richard Gilbride,
Secretary Greenport-Southold Chamber of Commerce on behalf of the Board
of Directors." There are no further communications.
SUPERVISOR MURPHY: Thank you, George. you've heard the official reading
of the proposed Local Law. Is there anyone who would like to address the
Town Board in the audience? (No response.) Anyone on the ,left? (No response.)
Anyone in the middle? (No response.) Any Town Board members have any
comment? (No response.) Hearing none, I'll close the hearing.
Southold Town Clerk
P, UBi~I(~I E~A RING ON
'~P~UBLIC :,NOTICE IS
HEREBY ~GIVEN cl~m there has
been pres~d to.. ~he ~wn
'Bo~d of th~ To~' o'~ Southold,
tb~45~ dfi~ of Novem~g 19~
a LocaL[aw,enaded, A ~cal
~w, in Relation ,t0 Garbage,
1~ ' the Town of Sour. hold wifl h01d
a pubic he~ng on,tbe a~or~id
I':' Lo~l ~wat the Sou~old T~
HaU Miin Road, ,. Southo
", Ne~york, on.the,29th day of.
Novem~r, 1988, at 3:30 o'cl~k
I~ P.M.. at which time ~1 interest-
.., ed persons w I belheard.
.[?' This propo~d '~c~ ~w in
:,Relation..to Garbagm~rR6bbish
'[[ ~d Refuse" reads ai'
, BE IT ENACTED bi, tile ~own
'~ Board of the Town o~Souihold
" as follows: ~ ",
. ~ I. Chapter 48 (G~bag~.Rub-
. bish and Refuse) oftheCode
'1[; the To~n of Southold is ~ereby
' '. amended.as. ~ll0ws:?."
"~ 1. Section 48-4 i i},.,hgreby
~ amend~ by ~nu~beria~ S~c-
tions'~,C, and D to'iD, E, and
', F, respectively. . i. ..
2. Section' 48~"i'i hereby
amended by adding,dm~ Sub-
section B to.rea~ as.follow~:
B. Etfe~ve Janua~ , 1989,
..: in addi~on to the feb'mtn-
lish~ in S~tion 4824'2A of this ..
Chapter, there shall ,~i ~ fee of
one dolla(($1.~) p~r',6ne hun-
dred'p~uods (1~ lbs~)'.0n ~ads
cont~ning the follo~.ing:.
, (I)'Hea~y brush, land?a~-
lng and yard w~tes; .~ncluding,
.bm nO~ limi~d ~o.~tfimps, bran-
ches,', shrubs, p'lan~s, trees,
bushes and the lik~ ~at
eluding leaves ~n'd.: grass
,(2) C~n~ructi6~'d~b~s, in-
Cludifig, ~t not lim[t~ to scrap
and ~a~ mmerial'd~raed as-
refuse resulting from
'.(3) Wog~. inclu&ng, bm
.(4) Demolition fl~bris, in:
and rubble,,resul6hg,from
;' remodeling 'demoliti6~ sn~
~ mason~t, work, bricks, ' tile,
~: ' (5)'R~bb~h mflud ng bfit
no~.hm~t~ tO fdr~tu~ f~mre&;..I
~ anten~,cm~S~
~ats. and 6t~r lik~ obj~s t~t'
are not ,considered ', ~norma
~ ~e~day hoa~hold ~aste. ,
(6) ~y mixed 10ad con-'
~ , t~ning one or'more 6¥.~he ab~'e
:'~ Sub~cfion'C to ~ead ~a~llows:
C. Effective J~uary ]'; 1989~
.. in addition to tbe.f~s e~mblish-
': ed in Sections .48-43A'~.and B,
'th'e~ sh~ be a fee'o~yq doll~s
($5.~) per item on appliances, '
'~ including~' but 'no~ :~ited to
otshwasber,.', o~en.;. :,.nd~{he hk¢. ;
II. Th~s Local La,,,, d~all uk¢ !
effect upon hs fihng ,Itt, the.
.Secretary of State.. ,.
Copies of said Local'Law are
available in 'the Office, bf the
Town Ci&k t6 ,any .:interested '
persons during' r~u'sine~s hOUrs... I
DATED: November .1'5', 1988.
, J U DITH',T.J',TER RY"
SOUTHOLD TOWN'~LERK
'. ~X, H/24/'g8 (3,8,)
COUNTY OF SUFFOLK
85 ~
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ..................... ~. .... weeks
successively, commencing on the ......................
.... ,
Sworn to before me this ......... .c~..~.~ .... day of
..... ....
Notary Public
BA~ARA A. ~O..N,-FaER
NOTARY ?UBL!C, State of New Yerk
Ne. 4806846
Commissmn ~xp~res ~/3 ~
"LEGAL NOTICE
NOTICE OF
PUBLIC HEAR[NG
ON, LOCAL LAW
PUBLic NOTICE IS HEREBY
IVF~/that there has been ms
_ ~ p ented
me lOwn Board of the Town o
, _ me 15th day of November,
l:.:1988, a Local Law entitled "A Local
[~!Law in Relation m Garbeg'e, Rubbish
STATE OF NEW YORK)
,sh oi OF SU;FOL
fen ~ ~ d~ (sL~)
one h=dred pou~s (100 ~sh~d ~. ~ DS~ont~nto 0f Matbtuck, m
· s.) on loads centa~g ~e o, mc~ st,~ ' ~ ' '--
fono~g: ' do~s s~C~ ~/ ~worn, says tMt he/she ~ Principal
~p~an~s, ~ / .~m TIMES, a Weekly Newspaper,
but not ~it~ ~ stumps, ' -, ~ = , I the lown of ~uthold, ~un~ of
branches, shrubs, plants, stov~, &shwa~e~, ovens, Yor~ and that the Noti~ of whicfi
imco, bushes and ~e ~e,
but not McindNg l~ves ~' ~ ~ ~w sh~ t~c ~f~ct '0~, ~ been ~u~ ~blgh~ in
~d g~ c~p~gs_
uponits ~g wi~the Secm~ each week for I weeks
(2) Const~c~on debts, ~- of State.
i)andRefuse", eluding, but not Umited to Copies of said Local Law are ~inS on the day of
¢!:~ NoTIcE IS FURTHER GIVEN 2 4
:~ scrap and waste mate ' ' - ..
?atrbeTm~'nB(~rdorfl,cTownol : di~edasre~us~m~i,~a) · t~5~l~m.~eoffic~, 0ftbeTown ~
oouthold wrll tod a p~b c he. no inafr°mcL-~,----- 7~" ~q~tsanymterasted~per~onSdurin~,'-~
· ".- . '.' ~ ' all inlerc~ ed 'clu~g,~t~othmi~ed~ :~
~er.~on, wdl be hmard.. ~Stc and rabble resulting . . Principal glerk
' i' 'l'his proposed "Local Law in from remodelLng, demoli-
' ~Relation to Oarba£o Rubbis
., .. ..... h and
,~o~-ct oi- the ]'own of Southold as
ifollows:
Chapte~ ~ (Garbage, Rubbish and
Refus¢),of thC C~o~c of the Town
of Southoid is hereby ame~d~ as
foEowa:
I. Sect/on 48-4 is hereby ~mended
by renumbering Sections .]~. C,
and B to D, E, and F mspec-
~vely.
Section 4R-4 is bemSy amended
by adding a new SubseCtiOn B
to ~ as follows:
B. Effective ~anuary 1, 19SS, in
Eon and (:XZen~ive repait-
Town men~i ~onctetei majority
(6),Any mixed load COntain-
mg one or more'of the
ebcJv~ listed wastes.
3. Section 48-4 is hereby amended
addition to the leas ~ta~-~ ~ :'3>~3~LbY~{~Ning a ne~ Subsection ¢
work, bricks, tile, sheet-
roe&, plaster, waled',
shingles, and thc like.
(5) l~ub blah, .including, bu~
not Emited to furniture,
ftxtures; T.V. antennas,
carpets, awnings, boats,
and otherl/ke objects that
am not considered normaI
evc[yclay household waste.
Sworn to before n~ this ~'~-~ ~ ,
~/~-- / ~ ' / ~'~/'~AR, PUbLiC ~;~te ;~ N~v; York