Loading...
HomeMy WebLinkAboutLL-1990 #12LOCAL LAW , 1990 A Local LaW in Relation to Vehicles and Traffic. BE IT ENACTED by th~ Town Board of the Town of Southold as follows: I. Chapter 92! (Vehicles and Traffic) of the Code of the Town of Southold is! hereby amended as follows: 1. Article V, Section 92-51 (Storage and charges) is amende~ to read as follows: After removal of any vehicle as provided in the Article or the removal, seizure, storage and/or impoundment of any vehicle pursuant to any other provision of law, the police officer may store or cause such vehicle to be stored in a suitable place at thei expense of the owner. Such owner or person in cha~ge of the vehicle may redeem the same upon payment to the Southold Town Police Department of the amount of all expenses actually and necessarily incurred in effecting such removal, such removal charges not to exceed seventy-five dollars ($75.00) from 6!:00 a.m. to 8:00 p.m. and not to exceed one hundre~ dollars ($100.00) from 8:00 p.m. to 6:00 a.m. t~gether with any charges for storage, such storag~ charges not to exceed eight dollars ($8.00) per day or fraction thereof. II. This Locall Law shall take effect upon its filing with the Secretary of state. 7 12 & 13 Local Law(~) No. ~ ~:. Year___~i~6-~~- Southold~J~ Municipality · d that the~h'~e-~e[ereI'ced malerial was received and filed by Please be advtse ~Y~ 7 ~0 - . this office on ........ ,~ilh this office will ~..~rwarded upon Additional forms for filing local laws NYS Department of State - Bureau of State Records (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. ~I~X o! Southold Town ........ . ................................................. Local Law No ...... .1.2. ................ of the year 199.Q ........ Alocallnw In Relation to Vehicles and Traffic (insert title) Be it enacted by the....T..o.w.n...B.o.a.r..d ............ ~ .......................................... of the (Name of Legislative Body) ~C~X Town of .S.o.u.t..h.o] .el .................................................................. as follows: Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Article V, Section 92-51 (Storage and charges) is amended to read as follows: After removal of any vehicle as provided in the Article or the removal, seizure, storage and/or impoundment of any vehicle pursuant to any other provision of law, the police officer may store or cause such vehicle to be stored in a suitable place at_the expense of the owner. Such owner or person in charge of the vehicle may redeem the same .upon payment to the Southold Town Police Depart- ment of the amount of all expenses actually and necessar- ily incurred in effecting such removal, such removal charges not to exceed seventy-five dollars ($75.00) from ~ 6:00 aim. to 8:00 p.m. and not to exceed one hundred dollars ($100.00) from 8:00 p.m. to 6:00 a.m. together with any charges for storage, such storage charges not to exceed eight dollars ($8.00)' per day or fraction thereof. II. This Local Law shall take effect upon its filing.with the Secretary of State. (If additional space is needed, please attach sheets of the same size as this and number each) (Complete the certificationin the paragraph which applies to the filing of this local law and strike out the matter therein which is not appticabi.e..) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No .... 1.2. ... of 19.9..0. .... Town Board of thc Town of. Southold was duly passed by the (Nameof Legislative aody) on ....... .J..u..n..e...1..9 .......... 19 ..9.0.....- 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.) I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........ County City of the Town of ................ Village was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was approved repassed after disapproval by the ............................ Electi~,'e Chief Executive Officer* and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law. (Final adoption by referendum.) ! hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County .. City ot the Town of ............ ' ....was duly passed by the ......................................... {Nameof Legislative Body} Village not disapproved on. ............................ 19 ........and was approved by the ............................ repassed after disapproval~ Elective Chief Executive Officer* on .................................. 19 ..........Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on ............................. 19 ......... in accordance with'the applicable annual provisions of law. (Sub|ect to permissive referendum, and final adoption because no valid petition filed requesting referendum.) [ hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County ... City ot me Town of ................ Village was duly passed by the ............ ~; ;f'£e~i;l~e'~t;)' ........... 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 Olficer means or includes the chief execotive officer of 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 ol a town ~vhere 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 37 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 generat 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 providean 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: June 19, 1990 Cl~/~of the County legislative body, City, To.or Village Clerk or officer"designated by local legislative body Judith T. Terry, Town Clerk (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..F..O...L..K. ................ 1, the undersigned, hereby certify that the foregoing local ~jv contains the correct text and that all proper proceedings have been had or taken for the enact~e~ of theJ*o~al Iaw annexed hereto. f / Signature . .M.a.t.the..w..G.,..K.i.e.r. qa..n~..A..s.s.i .s.t .a .n.t..T.o..w.n. Title Date: June 19, 1990 I~)KXX of .Sgy. t.h. ql.d. ......................... Town x~x (3) PUBLIC HEARING SOUTHOLD TOWN BOARD June 19, 1990 8:00 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO VEHICLES AND TRAFFIC". Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Latson Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: The first Local Law of the evening is in Relation to Vehicles and Traffic. Tom, wou~ld you read the verification and publication? COUNCILMAN WICKHAM: "Notice of Public Hearing on Local Law. 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 5th day of June, 1990, a Local Law entitled, "A Local Law in Relation to Vehicles and Traffic". 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 19th day of June, 1990, at 8:00 o'clock P.Mo, at which time all interested persons will be heard. This proposed "Local Law in Relation to Vehicles and Traffic" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicle!s and Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Article V, Section 92-51 (Storage and charges) is amended to read as follows: After removal of any vehicle as provided in the Article or the removal, seizure, storage and/or impoundment of any vehicle pursuant to any other provisions of law, the police officer may store or cause such vehicle to be stored in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon payment to the Southold Town Police Department of the amount of all expenses actually and necessarily incurred in effecting such removal, such removal charges not to exceed seventy-five dollars ($75.00) from 6:00 a.m. to 8:00 p.m. and not to exceed one hundred dollars ($100.00) from 8:00 p.m. to 6:00 a.m. together with any charges for storage, such storage charges not to exceed eight dollars ($8.00) per day or fraction thereof. Pg 2 - PH, LL vehiclesI and traffic, 6/19/90 11. This Local Law shall take effect upon its filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: June 5, 1990. Judith T. Terry, Southold Town Clerk." I have before me a certification, that this notice has been duly printed and posted here in a most public place here in the Town Hall, and a further certification, that a legal notice was posted in The Long Island Traveler on June 14, 1990, and similarl,v on June 14, 1990, another legal ~:ertification, that the legal notice had been put in The Suffolk Times. There are no further communi- cations before us, tonight, on this proposed Local Law. SUPERVISOR HARRIS: Is there any member of the audience, who would like to come forth and speak in behalf of this, or against this public hearing of this Local Law we're acting upon? PATRICK KAELII~: Patrick Kaelin. l'm representing director of individuals, that bid for the tow for Southold Town. Being articles, that are discussed is basically what we have been looking for, but this doesn't specify in reference to vehicles, that are taken to the impound. Local vehicles, that are taken to the impound, are usually in a legal situation, where they can used in the wrong manner, and the individuals have been arrested whether this situation might have been. Other situations is when a vehicle has been in a fatality situation, and the equipment and the Town needed to take the vehicle to the impound is what we would like to be able to get any understanding on, what we would like to fairly change. You have a fee here of $75.00 from 6:00 a.m. to 8:00 p.m. We're happy with that as long as it's abandoned vehicle type of situation, or if it's in a traffic hazard, a matter of goiing to the scene, grabbing what we have to, and taking it to the impound. What we're trying to preclude is, a lot of times it's not so easy, and when we are called out in the middle of night, sometimes it takes a lot longer than expected to get said vehicles out of situations, when they do have to be taken to the impound. What we would like to do is, for you to come up with a understanding that when it does require more than the normal grabbing of, and doing the service, that the Town has hired us to do, we would like to be able to submit paperWork of days and description, what was entailed to do, and a fee to follow and be accepted, hopefully. COUNCILWOMAN LATSON: What do you. do now? How do you collect it right now? PATRICK KAELIN: Well, the Town right now on any tow, that has to be taken to the impound itself, we are limited on what we're allowed to charge, which is a $50.00 fee. Unfortunately, when we get up in the middle of the night, and you have to go out, and take vehicles out of a lot of unusual situations, the general public doesn't necessarily see what we have to do. Sometimes it's no big deal. We can go up and grab it, and do what we have to do, and go back to bed. Other times, we're up for a couple of hours taking pieces of whatever is left, and loading it, unl6ading it, and taking it to wherever we have to, and basically that's at the imlpound. What we would llke to do is, in this situation, which you have in front of me, happy with that, if that's the case of grab and go, but that's not normallly the case, unfortunately. COUNCILWOMAN LATSON: So you don't think $100.00 covers it? PATRICK KAEL'I'~: It does if the situation involves an abandoned vehicle, where it's considered a traffic hazard, or the vehicle operator was brought in for what- ever. That's happened. We're just glad about that. But unfortunately, there Pg 3 - PH, LL vehicles and traffice 6/19/90 are situations that everytime it arises, it totally different. We don't know what we're supposed to expect, until we get there, and unfortunately, it does take a lot longer, and we don't always have the greatest conditions. All we want to know is, if we give you a description of what we were hired to do. Does it take more than one man? Does it take more than one truck? COUNCILMAN PENNY: The problem we have is addressing changes in the Town Code, specific to individual circumstances, and this recommendation was brought to us, and I understand that some of you met with the Chief of Police, and requested that this increase be made. At this time, we have a choice. We can either pass it as it is right now, which would give you the increased rates for the singular situations, where everything goes well. If we were to start again, and it would take about a month for us to sit down, and maybe you could come in to a Legislative Committee meeting, and possible meet with the Chief of Police, and see, and we'd have to discuss with the Town Attorney, if there's anyway we can put in wording, that would allow exceptions for exceptional situations. It may be a little difficult, but would you have any problem atleast passing this portion as it stands right now, so that we could get you the increased rates for the simple situations. PATRICK KAELIN: What we have is acceptable, but we also do need an addition too, in reference to every situation is differant, and we also need to know the information on here, is strictly for impounds, or is this governed fee, that all service stations, all wrecker personnel are supposed abide by? COUNCILMAN PENNY: We don't legistate to cover the private sector. PATRICK KAELII~I: Then we can do what we need to on our own. COUNCILMAN PENNY: Absolutely. SUPERVISOR HARRIS: That's private enterprise. COUNCILWOMAN LATSON: I can't speak for the Chairman of the Legislative Committee, but I would suggest if you have charges that would exceed this, which would be understandable, that you would have documents specifically what they were, and what the charges, because any law is always subject to abuse, and we would need specifics, and specific figures before us. PATRICK KAELII~I: The Chief and I sat down, including with the Lieutenant , in reference to trying come up with a fair fee, and there were a couple of figures tossed around. We're not looking to do anything wrong to anybody. All we would like to do is duly serve our purpose, and again, every situation is different. SUPERVISOR HARRIS: Thank you, Mr. Kalin. like to address this Board on this Code change? this public hearing is closed. Is there anybody else, who would (No response.) Hearing none, LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been pre- sensed to the Town Board of the Town of Somhold~ Suffolk Cotmty, New Yodx, o~ the 5th day of 1990, a Lo~ ¼w entitled, "A Local Law in RelaBon to Vehlcle~ nad NOTICE [S FURTHER GIVEN that the Tovm Board of the Tovm of Southdd will hold a public heal'lng on the aforesaid Local Law at the Southo~d Town HaH, Main Road, So~thold, New york, on the day of June, 1990, at 8:00 o'clock P.M., at which time ~H interested per. ns wiB be hea~. This proposed 'Local Law in Re- Lation to Vthich:s and Traffic" ns foHow$: BE IT ENACTED by the Town Board of the Town of Southold as follows: L Cha~er 92 C~hicles and of the Code of the Town of Southold is bar.by amended as fellows: 1. Article V, Sectie~ 92-51 (~or- age and cha~e~) is amended to read as follows: After tetnoval of any vehl- cie as provided h~ the A~icle or tbe te~noval, ~e~zure, and/or impoundment of an vehicle pursuant to any ethel provlsi~ of law, the pollc~ bt cim~e of the vebtcte may redeem the s~ne npon pay- ment to the Southold Town Police Department of the ly ~d n~s~y ~ect~g sU~ ~m~ such f~ 6:~ dollars (S100.~) f~ of S~. ~opies of STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Yvonne Lieblein of Mattituck' in said County, being duly sworn, says that ha/sha is Principal Clerk of THE SUFFOLK TIMES, s Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is s printed cop/, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the . 14 day of June 19 90 Principal Clerk LEGAL NOTICE COUNTY OF SUFFOLK ss: STATE OF NEW YORK , NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HERE- BY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 5th day of June, 1990, a Local Law entitled, "A ~ ~ in Rela- tion to Vehicles and Traffic." NOTICE IS FURTHER O1VEN 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 19th dso, of ,llnne, 19~0, at 8.'~0 o'clock P.M., at which time all interested per- sons will be heard. This proposed "Local Law in Relation to Vehicles and Traffic" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: L Chapter 92 (Vehicles and Traffic) of the Code of the ~own of Southold is hereby amended as follows: 1. Article V, Section 92-Jl (Storage and charges) is amend- ed to read as follows: After removal of any vehicle as provided in the Article or the removal, s~izure, storage and/or impoundment of any vehicle pursuant to any other provision of law, the police officer may store or cause such vehicle to be stool in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon payment to the Southold ~ Police Department of the amount of all expenses actually and necessarily incurred in ef- fecting such removal, such removal charges not to exceed sevanty-five dollars ($75.00) from 6.'00 a.m. W 8 p.m. and not to exceed one hundred dollars ($100.00) from 8:00 p.m. to 6.00 a.m. together with any charges for storage, such storage charges not to exceed eight dollars ($8.00) per day or fraction thereof. II. This Local Law shall take effect upon its filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. DATED: June 5, 1990 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1X-6/14/90(11) 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 .......... : ........... day %t ..... t.~.t.':'~.7 .... , 19 .Z.'": . C.~. ~, . '-- Sworn to before me this / ~' :~ day of Notary Public E~">~;, tAA. SCHNEIDER NOT,hi( [U ~C, 't~,o Ne~ York