HomeMy WebLinkAboutLL-1991 #01LOCAL LAW NO, 1 1991
A Local Law in Relation to Residential Recycling
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 Southold is hereby amended as follows:
1. Section 48-1 (Definitions) is hereby amended to read as follows:
REFUSE - Any human, animal or vegetable refuse, offal, swill.
cesspool and/or septic waste, sewage, garbage, paper, ashes.
junk. trash, rubbish, waste, or whatever material composed.
discarded machinery or parts thereof, discarded vehicles or
parts thereof and an unlicensed motor vehicle parked, stored or
standing outside an enclosed building in an inoperative
condition for more than thirty (30) days. REFUSE shall not
include cans, glass, plastics or newspaper as further defined
herein.
o
Section 48-1 (Definitions) is hereby amended by adding thereto
the following:
CANS - Shall be a recyclable and shall mean rinsed clean
containers with or without labels comprised of aluminum, tin,
steel, or a combination thereof, which contain or formerly
contained only food and/or beverage substances. CANS shall
not mean oil, paint, pesticide or aerosol cans.
GLASS - Shall be a recyclable and shall mean all clear (flint).
green and brown (amber) colored glass containers rinsed clean.
GLASS shall not mean wired glass, crystal, ceramics, plate.
window, laminated, mirrored glass, or light bulbs,
PLASTICS - Shall be a recyclable and shall mean all food,
beverage or household containers, such as: Soda, detergent.
bleach, milk, juice, shampoo bottles, cooking oil bottles,
rinsed clean. PLASTICS shall not mean caps, appliances, plastic
with metal parts, six pack rings, biodegradable bags, disposable
diapers, pens, razors, flower pots or bags, fiberglass, waxed
cardboard containers, vinyl or styrofoam.
NEWSPAPER - Shall be a recyclable and shall include unsoiled
newsprint and all newspaper advertisement. NEWSPAPER shall
not include phone books, junk mail. plastic bags, cardboard
boxes, brown paper bags. magazines, catalogs or glossies.
RECYCLABLE - Shall be any can, glass or plastic container or
newspaper as defined in this section.
o
RECYCLABLE WOOD - Shall be:
Clean untreated finished lumber products or remnants
containing no nails or other metals; or,
logs, not greater than four-feet in length and six
inches in diameter.
Section 48-3 (A) (Town Refuse Disposal Area) is hereby
amended by adding thereto the following:
A. RESIDENTIAL SELF-HAULERS
No cans as defined herein shall be deposited at any
Town of Southold disposal area unless such cans are
separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cardboard, glass,
metal or paper. Such cans are to be deposited only at
designated areas within such Town disposal area.
No glass as defined herein shall be deposited at any
Town of Southold disposal area unless such glass is
separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cans, cardboard,
metal or paper. Such glass is to be deposited only at
designated areas within such Town disposal area and
in the area designated for the particular color of
glass (i.e. clear, amber or green).
No plastic as defined herein shall be deposited at any
Town of Southold disposal area unless such plastic is
separated from any and all solid waste, trash,
· rubbish, vegetative yard waste, cans, cardboard,
glass or paper. Such plastic is to be deposited only
at designated areas, within such Town disposal area or
transfer station.
No newspaper as defined herein shall be deposited at
any Town of Southold disposal area unless such
newspaper is separated from any and all solid waste,
trash, rubbish, vegetative yard waste, cans,
cardboard, glass or plastic. Such newspaper is to be
deposited only at designated areas within such Town
disposal area.
B. PRIVATE RESIDENTIAL REFUSE HAULERS/CARTERS
The owners or occupants of all residences within the
Town which utilize collection services provided by
persons licensed to collect refuse, pursuant to the
provisions of this Chapter, shall place recyclables in
separate, rigid containers at curbside for
collection on such day or days as the licensee serving
such residence shall designate.
o
It shall be unlawful for any person to place out for
collection any container in which refuse is mixed
with recyclables.
It shall be unlawful for any person to collect refuse
from a residence which is mixed with recyclables or
thereafter to commingle different types of recyclables
or to mix recyclables with refuse.
Recyclables collected by private residential refuse
haulers/carters and transported to the
landfill/collection center shall be deposited in areas
designated by appropriate landfill personnel.
4. Section 48-4 (B)I31 (Fees) is hereby amended to read as follows:
Wood, including but not limited to timber, logs, boards and
the like, unless such wood is designated by the
landfill attendant as recyclable wood.
Section 48-6 (A) and (BlIPenalties for Offensesl is hereby
amended as follows:
Illegal Dumping - Any person committing an offense of
illegal dumping under this chapter shall, upon conviction
thereof, be guilty of a violation punishable as follows:
1. For a first offense:
A fine of not less than one thousand dollars
($1,000.) and not more than fifteen hundred
dollars 151,5001, or
Imprisonment for a term not exceeding ten days
(10), or
Community service of forty hours (40) to be
performed within thirty days 1301 of the date of
sentencing.
2. For a second offense:
aw
A fine of not less than two thousand five
hundred dollars 152,500.1 and not more than five
thousand dollars 155,000.1, or
Imprisonment for a term not exceeding thirty
days (30), or
Community service of one hundred and twenty
hours (120) to be performed within ninety days
(90) of the date of sentencing.
II.
This Local
of State.
Recycling Offenses and other offenses - Any person
committing a recycling offense or any other offense
against this chapter other than an offense of illegal
dumping shall be subject to a civil penalty enforceable
and collectible by the Town in the amount of one hundred
dollars ($100.) for each offense. Any person committing a
second and/or subsequent offense within twelve (12)
months of the date of the first offense shall be subject to
a civil penalty enforceable and collectible by the Town in
the amount of two hundred dollars ($200.). Such penalty
shall be collectible by and in the name of the Town for
each day that such offense shall continue.
Law shall take effect upon its filing with the Secretary
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231-0001
DATE: 2/14/9!
RECEIVED
FEB ! 9 1991
Local Law Acknowledgment
Office of the Town Clerk
Town of Southold
Town Ha11-53095 Main Road
P.O. Box i179
Southold, ,MY 11971
Attention: Judith T. Terry
00S-236 (Rev. 6/90)
I MUNICIPALITY
Town of Southold
LOCAL LAW(S) NO.
1 &2
YEAR FILING DATE
199i I2/l?/gl
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
L6' ,E, YORK STATE DEPARI'ME,T OF STATE
'.. C31 Law Filing ~6z WASHINGTO)4 AVENUE. ALGA,Y. NY 12Zll
(Use this form to file a 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.
CX(~ of Southold
TOwn ........................................................................................................................
Local Law No .................... 1. ............................... of the year 19 ..9..1....
A local law in relation to Residential Recy. cling
(Insert Title)
Be it enacted by the ......... T.o..w...n......B...o...a..r...cl. ...................................................................................................... of the
(Name of Legislabive Body)
Town
Southold
of .................................................................................................................................................. as follows:
Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 48-1 (Definitions) is hereby amended to read as follows:
REFUSE - Any human, animal or vegetable refuse, offal, swill, cesspool
and/or septic waste, sewage, garbage, paper, ashes, iunk, trash,
rubbish, waste, or whatever material composed, discarded machinery
or parts thereof, discarded vehicles or parts thereof and an unlicensed
motor vehicle parked, stored or standing outside an enclosed building
in an inoperative condition for more than thirty (30) days. REFUSE shall
not include cans, glass, plastics or newspaper as further defined herein.
2. Section 48-1 (Definitions) is hereby amended by adding thereto the
following:
CANS - Shall be a recyclable and shall mean rinsed clean containers
with or without labels comprised of aluminum, tin, steel, or a combination
thereof, w0nich contain or formerly contained only food and/or beverage
substances. CANS shall not mean oil, paint, pesticide or aerosol cans.
GLASS - Shall be a recyclable and shall mean all clear (flint), green
and brown (amber) colored glass containers rinsed clean. GLASS
shall not mean wired glass, crystal, ceramics, plate, window, laminated,
mirrored glass, or light bulbs.
PLASTICS - Shall be a recyclable and shall mean all food, beverage
or household containers, such as: Soda, detergent, bleach, milk,
juice, shampoo bottles, cooking oil bottles, rinsed clean. PLASTICS
shall not mean caps, appliances, plastic with metal parts, six pack
rings, beodegradable bags, fiberglass, waxed cardboard containers,
vinyl or styrofoam.
(If'additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
! DOS-2'~9 (Rev. 7/90)
NEWSPAPER - Shall be a recyclable and shall include unsoiled
newsprint and all newspaper advertisement. NEWSPAPER shall
not include phone books, junk mail, plastic bags, cardboard
boxes, brown paper bags, magazines, catalogs or glossies.
RECYCLABLE - Shall be any can, glass or plastic container or
newspaper as defined in this section.
RECYCLABLE WOOD - Shall be:
1. Clean untreated finished lumber products or remnants
containing no nails or other metals; or,
logs, not greater than four-feet in length and six
inches in diameter.
Section 48-3 (A) (Town Refuse Disposal Area) is hereby
amended by adding thereto the following:
A. RESIDENTIAL SELF-HAULERS
No cans as defined herein shall be deposited at any
Town of Southold disposal area unless such cans are
separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cardboard, glass,
metal or paper. Such cans are to be deposited only at
designated areas within such Town disposal area.
No glass as defined herein shall be deposited at any
Town of Southold disposal area unless such glass is
separated from any and ali solid waste, trash,
rubbish, vegetative yard waste, cans, cardboard,
metal or paper. Such glass is to be deposited only at
designated areas within such Town disposal area and
in the area designated for the particular color of
glass (i.e. clear, amber or green).
No plastic as defined herein shall be deposited at any
Town of Southold disposal area unless such plastic is
separated from any and all solid waste, trash.
rubbish, vegetative yard waste, cans, cardboard,
glass or paper. Such plastic is to be deposited only
at designated areas within such Town disposal area or
transfer station.
No newspaper as defined herein shall be deposited at
any Town of Southold disposal area unless such
newspaper is separated from any and all solid waste,
trash, rubbish, vegetative yard waste, cans,
cardboard, glass or plastic. Such newspaper is to be
deposited only at di~signated areas within such Town
disposal area.
B. PRIVATE RESIDENTIAL REFUSE HAULERS/CARTERS
The owners or occupants of all residences within the
Town which utilize collection services provided by
persons licensed to collect refuse, pursuant to the
provisions of this chapter, shall place recyclables in
separate, rigid containers at curbside for
collection on such day or days as the licensee serving
such residence shall designate.
It shall be unlawful for any person to place out for
collection any container in which refuse is mixed
with recyclables.
It shall be unlawful for any person to collect refuse
from a residence which is mixed with recyclables or
thereafter to commingle different types of recyclables
or to mix ~ecyclables with refuse.
Recyclables collected by private residential refuse
haulers/carters and transported to the
landfill/collection center shall be deposited in areas
designated by appropriate landfill personnel.
4. Section 48-4 (B)(3) (Fees) is hereby amended to read as follows:
o
o
Wood, including but not limited to timber, logs, boards and
the like, unless such wood is designated by the
landfill attendant as recyclable wood.
Section 48-6 (A) and (B)(Penalties for Offenses) is hereby
amended as follows:
Illegal Dumping - Any person committing an offense of
illegal dumping under this chapter shall, upon conviction
thereof, be guilty of a violation punishable as follows:
1. For a first offense:
ao
A fine of not less. than one thousand dollars
($1,000.) and not more than fifteen hundred
dollars ($1,500), or
b. Imprisonment for a term not exceeding ten days
(10), or
Co
Community service of forty hours (40) to be
performed within thirty days (30) of the date of
sentencing.
II.
2. For a second offense:
ao
A fine of not less than two thousand five
hundred dollars ($2,500.) and not more than five
thousand dollars ($5,000.), or
b. Imprisonment for a term not exceeding thirty
days (30), or
Community service of one hundred and twenty
hours (120) to be performed within ninety days
(90) of the date of sentencing.
Recycling Offenses and other offenses - Any person
committing a recycling offense or any other offense
against this chapter other than an offense of illegal
dumping shall be subject to a civil penalty enforceable
and collectible by the Town in the amount of one hundred
dollars {$100.) for each offense. Any person committing a
second and/or subsequent offense within twelve (12)
months of the date of the first offense shall be subject to
a civil penalty enforceable and collectible by the Town in
the ,amount of two hundred dollars ($200.). Such penalty
shall be collectible by and in the name of the Town for
each day that such offense shall continue.
This Local Law shall take effect upon its filing with the Secretary
of State.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
~ hereby certify that the local law annexed hereto, designated as local law No. 1 of 19 91
of the (GormX>>t(GdX~')(Town)(¥d~lxge) of Southold was duly passed by the
Town Board on February 5, 1991 , in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No.
of the (County)(City)(Town)(¥illage) of
on 19
(Name of Legisla~;ive Body)
disapproval) by the and was deemed duly adopted on
(Elective Chief Executive Officer~)
in accordance with the applicable provisions of law.
of 19
was duly passed by the
, and was (approved)( not disapproved )(repassed after
19
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of. the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative BodyJ
disapproval) by the on 19 Such local law was
(Iglective Chief Executive Officer~)
submitted to the people by reason of. a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid pelition was filed requesting
referndmn.)
I hereby certify that the local law annexed hereto, designated as local law No. o1' 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 . and was (approvecl)(not disapproved)(repassed after
(Name of Legi~lat;ive Body)
disapproval) by the on 19 Such local law was suh ect to '
(Elective Chief Executive Officer')
permissive referendum and no valid petition reouestmg shcb referendum was filed as ol' 1O .....
in accordance with the applicable provisions of law.
*Elective Chief Executive Officer ~neans or includes the chief executive officer of a county elecled on a
county-wide basis or, if there be none, the chairmao of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to :tpprove or veto local
laws or ordinances.
(2)
5. (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 provisxons of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. 1 of 19 91
of the County of Suffolk ., State of New York, having been submitted to
the electors atthe General Election of November 7 1989 , 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 appropritate certification.)
I further certify that I have compared the preceding local law xvith the original on file in this office and that
the same xs a correct transcript therefrom and of the whole of such original local law, and was finally adopted
m the manner indicated in paragraph 1 , above.
(Seal)
Clerk o~j~rhe County legisia~iYe body, City, Town or~llage Clerk
or officer designated by local legilsative I;aSdy
Judith T. Terry, Town Clerk
Date: Ft~brt~ary 6: 1991
(Certification to be executed by County Attorney, Corporation Counsel, Tow, Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify tbat 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.
Matthew G. Kiernan, Assistant Town Attorney
Title
~RxX · of Southold
Town
Date: February 6, 1991
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
January 22, 1991
8:07 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATIOI~ TO RESIDENTIAL
RECYCLING".
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.
Town Attorney Harvey
Terry
A. Arnoff
SUPERVISOR HARRIS: The third public hearing for the evemng, "A Local Law
in Relation to Residential Recycling". This law is quite lengthy. We beg your
indulgence. Councilwoman Ruth Oliva, who has been heading the recycling effort,
on behalf of the Task Force, and not to mention, of course, the Town Board, will
read the proof of publication, and please bear with us. It takes some time. This
is the first enactment of mandatory recycling, that the Town Board is embarking
upon.
COUNCILWOMAN OLIVA: "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
8th day of January, 1991, a Local Law entitled, "A Local Law in Relation to Residen-
tial Recycling". 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 22nd day of January, 1991, at 8:07 o'clock
P.M., at which time all interested persons will be heard.
This proposed "Local Law in Relation to Residential Recycling" 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 48-1 (Definitions) is hereby amended to read as follows:
REFUSE - Any human, animal or vegetable refuse, offal, swill,
cesspool and/or septic waste, sewage, garbage, paper, ashes,
junk, trash, rubbish, waste, or whatever material composed,
dicarded machinery or parts thereof, discarded vehicles or
parts thereof and an unlicensed motor vehicle parked, stored or
standing outside an enclosed building in an inoperative
condition for more than thirty (30) days. REFUSE shall not
include cans, glass, plastics or newspaper as further defined
herein.
2. Section 48-1 (Definitions) is hereby amended by adding thereto
the following:
CANS - Shall be a recyclable and shall mean rinsed clean
containers with or without labels comprised of aluminum, tin,
Pg 2 - LL in Relation to Residential Recycling
steel, or a combination thereof, which contain or formerly
contained only food and/or beverage substances. CANS shall
not mean oil, paint, pesticide or aerosol cans.
GLASS - Shall be a recyclable and shall mean all clear (flint),
green and brown (amber) colored glass containers rinsed clean.
GLASS shall not mean wired glass, crystal, ceramics, plate,
window, laminated, mirrored glass, or light bulbs.
PLASTICS - Shall be a recyclable and shall mean all food,
beverage or household containers, such as: Soda, detergent,
bleach, milk, juice, shampoo bottles, cooking oil bottles,
rinsed clean. PLASTICS shall not mean caps, appliances, plastic
with metal parts, six pack rings, biodegradable bags, disposable
diapers, pens, razors, flower pots or bags, fiberglass, waxed
cardboard containers, vinyl or styrofoam.
NEWSPAPER - Shall be a recyclable and shall include unsoiled
newsprint and all newspaper advertisement. NEWSPAPER shall
not include phone books, junk mail, plastic bags, cardboard
boxes, brown paper bags, magazines, catalogs or glossies.
RECYCLABLE- Shall be any can, glass or plastic container or
newspaper as defined in this section.
RECYCLABLE WOOD - Shall be:
1. Clean untreated finished lumber products or remnants
containing no nails or other metals; or,
2. logs, not greater than four-feet in length and six
inches in diameter.
Section 48-3 (A) (Town Refuse Disposal Area) is hereby
amended by adding thereto the following:
A. RESIDENTIAL SELF-HAULERS
1. No cans as defined herein shall be deposited at any
Town of Southold disposal area unless such cans are
separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cardboard, glass,
metal or paper. Such cans are to be deposited only at
designated areas within such Town disposal area.
2. No glass as defined herein shall be deposited at any
Town of Southold disposal area unless such glass is
separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cans, cardboard,
metal or paper. Such glass is to be deposited only at
designated areas within such Town disposal area and
in the area designated for the particular color of
glass (i.e. clear, amber or green).
3. No plastic as defined herein shall be depostied at any
Town of Southold disposal area unless such plastic is
separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cans, cardboard,
glass or paper. Such plastic is to be deposited only
at designated areas within such Town disposal area or
transfer station.
4. No newspaper as defined herein shall be deposited at
any Town of Southold disposal area unless such
newspaper is separated from any and all solid waste,
trash, rubbish, vegetative yard waste, cans,
cardboard, glass or plastic. Such newspaper is to be
deposite~l only at designated areas within such Town
disposal area.
Pg 3 - LI- in Relation to Residential Recycling
5o
B. PRIVATE RESIDENTIAL REFUSE HAULERS/CARTERS
I. The owners or occupants of all residences within the
Town which utilize collection services provided by
persons licensed to collect refuse, pursuant to the
provisions of this chapter, shall place recyclables in
separate, rigid containers at curbside for
collection on such day or days as the licensee serving
such residence shall designate.
2. It shall be unlawful for any person to place out for
collection any container in which refuse is mixed
with recyclables.
3. It shall be unlawful for any person to collect refuse
from a residence which is mixed with recyclables or
thereafter to commingle different types of recyclables
or to mix recyclable~ with refuse.
4. RecyclabL~s collected by private residential refuse
haulers/carters and transported to the
landfill/collection center shall be deposited in areas
designated by appropriate landfill personnel.
Section 48-4 (B)(3) (Fees) is hereby amended to read as follows:
3. Wood, including but not limited to timber, logs, boards and
the like, unless such wood is designated by the
landfill attendant as recyclable wood.
Section 48-6 (A) and (B)(Penalties for Offenses) is hereby
amended as follows:
A. Illegal Dumping - Any person committing an offense of
illegal dumping under this chapter shall, upon conviction
thereof, be guilty of a violation punishable as follows:
1. For a first offense:
a. A fine of not less than one thousand dollars
($1,000.) and not more than fifteen hundred
dollars ($1,500), or
b. Imprisonment for a term not exceeding ten days
(10), or
c. Community service of forty hours (40) to be
performed within thirty days (30) of the date of
sentencing.
2. For a second offense:
a. A fine of not less than two thousand five
hundred dollars ($2,500.) and not more than five
thousand dollars ($5,000.), or
b. Imprisonment for a term not exceeding thirty
days (30), or
c. Community service of one hundred and twenty
hours (120) to be performed within ninety days
(90) of the date of sentencing.
B. Recycling Offenses and other offenses - Any person
committing a recycling offense or any other offense
against this chapter other than an offense of illegal
dumping shall be subject to a civil penalty enforceable
and collectible by the Town in the amount of one hundred
dollars ($100.) for each offense. Any person committing a
second and/or subsequent offense within twelve (12)
months of the date of the first offense shall be subject to
a civil penalty enforceable and collectible by the Town in
the amount of two hundred dollars ($200.). Such penalty
shall be collectible by and in the name of the Town for
each day that such offense shall continue.
Pg 4 - LL in Relation to Residential Recycling
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: January 8, 1991. Judith T. Terry,
Southold Town Clerk." I have an affidavit of publication in The Long Island Traveler-
Watchman, an affidavit of publication in The Suffolk Times, and an affidavit from
the Southold Town Clerk, Judith T. Terry, that it has been published on her
Bulletin Board. Thank you.
SUPERVISOR HARRIS: Is there any member of the audience, that would like to
speak on this Local Law either for or against? Yes, come forward, please, and
state your name.
MARY JACKSON: I'm Mary Jackson, Southold. I just once again, want to stand
up here, and say, thank you. I'm pleased that this will finally be going through.
Take no offenses at these words. Finally, I'm glad to see that it's happening. Thank
you.
SUPERVISOR HARRIS: I think you're referring to the fact that in December, 1990,
we had a public hearing on this mandatory recycling law, and due to the public
hearing, that we had, and comments that were received at that time, the Board
amended a certain portion of this Local Law to sort of reflect those feelings, and
now, we had to, of course, reinstate them at this time with another public hearing,
so we're on the way. Thank you for that. Any other members like to comment
on this? (No response.) If not, I'll declare this public hearing closed.
LEGAL NOTICE
NO~ICE OF
PUBLl~ HEARING
ON LOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that the~ has
been ~presented tO the Town
Board of the Town of ,Southold,
Suffolk County, New York, on
the gth day of January, t991, a
NOTICE 15 ~URTHER
GIVEN that the Town ~ of
the Town of Southokt will hold
a public h~rillg on the aforesaid
Local Law at the Soothold Town
Hall, Main Road, Southold,
New York~ on the 22nd day of
Sanuao', 1991, at which time all
interested persons will be heard.
This proposed "Local Law in
Relation to Residential. Recycl-
ing'' reads as follows:
BE ~ ENAC*'FED by the
Town Board of the Town of
Southold as: follows:'
1. Chapter 48-1 (Garbage,
Rubbish and Refuse) of the
Code of the Town of Southold
is hereby amended as follows:
1. Section 48-1 (D~flnltions)
is hereby ~unended to read as
follows:
REFUSE-- Any human,
animal or vegetable refuse, of-
fai, swill, cesspool and/or sep-
tic waste,* sewage,~ garbage,
paPer, ashes .junk, trash, rub-
bish, waste, 6r whatever material
composed, discarded machinery
or parts there6f, discarded
vehicles or Parts thereof and an
unlicensed motor'vehi~:re park-
ed,' stored or standing outside an
enclosed~ building in an in-
operative conditioh for more
than thirty (30) days~ REFUSE
shall not include cans, glass,
plastics or newspaPer as further
defined herein.
2. Section 48-1 (I~finltions)
is hereby amended by adding
thereto the following:
CANS-- ~ll be a recyclable
and shah mean rinsed clean con-
tains with or without labels
comprised of aluminum, tin,
steel, or a combination thereof,
which contain or formerly con-
rained only food and/or
beverage substances. CANS
shall not mean oil, paint,
pesticide or aerosol Cans~
GLASS-- Shall be a
recyclable and shall mean ail
clear (flint), green and brown
(amber).colored glass containers
rinsed clean, GLASS shall not
mean wired glass, crystal,
ceramics,' plate, window,
laminated, mirrored glass, or
light bulbs.
PLASTICS-- Shall be a
recyclable ~nd shall mean all
food, be~rages or household
containers, such as: Soda,
detergent, hi'ach milk, juice,
shampoo bbt~ies, cooking oil
bottles, · rinsed clean.
PLASTICS shall not mean caps,
appliances, plastic with metal
parts, six pack rings,
biodegradable bags, disposable
diapers, pens, razors, flower
pots or bags, fiberglass, waxed
cardboard containers, vinyl or
styrofoam.
NEWSPAPER-- Shall be a
recyclable and shall include un-
soiled newsprint and all
newspaper adyertisement.
NEWSPAPER shrill not include
phone books, junk mail, plastic
bags, cardboard boxes, brown
paper hags, magazines, catalogs
or glossies.
RECYCLABLE-- Shall be
any can, glass or plastic con-
tainer or newspaper as defined
in this sectioh.
RECYCLABLE WOOD--
Shall be:
1. Clean untreated finished
lumber products or remnants
containing no nails or other
metals; or,
2. logs, not greater than four-
feet in length and.six inches in
diameter.
3. Section 48-3 (A) (Town
Disposal Area) is hereby amend-
ed by adding thereto the
following:
A. RESIDENTIAL
SELF-HAULERS.
I. No cans as defined herein
shall be deposited at any Town
of Southold disposal area unless
such cans are separated from
any and all solid waste, trash,
rubbish, vegetative yard waste,
cardboard, glass, metal or paper.
Such cans are to be deposited
only at designated areas within
such Town disposal area.
2. No glass as defined herein
shall he deposited at any Town
of South01d disposal area unless
such glass ii separated from any
and ail solid waste, trash, rub-
bish, vegetative yard waste, cans,
cardboard, metal or paper. Such
glass is to be d~eposited only at
designated areas within such
Town disposal area and in 'the
area ~esignated for the par-
ticular color of glass (i.e. clear,
amber, or green).
3. No plastic as defined herein
shall he deposited at any Town
of Southold disposal area unless
such plastic is separated from
any and ail solid waste, trash,
rubbish, vegetative yard waste,
cans, cardboard, glass, or paper.
Such plastic is to be deposited
only at designated areas within
such Town disposal area or
transfer station.
4. No newspaper as defined
h~n'~in shall bedeposited at any
Town df Southoid dispo~i
unless- Such newspaper is
separated from any and all solid
waste, trash, rubbish, vegetative
yard waste, cans, cardboard,
glass, or plasti~ Such new.spaper
is ~to be 'deposited 0nly at
designated areas within such
Town disposal area.
B. PRIVATE RESIDENTIAL
REFUSE HAULERS/
CARTERSi: '
1. The °wn'er~ or oc .cu. pantgOf
all residences within the ToWn
which utilize collection servi/:es
provided by persons license~ to
collect refuse, pursuan~ to'the
provisions of this chapter, shall
place recyclablas in separate,
rigid containers at curbside for
coliection on such day or days
as the licensee serving such
residence shall designate.
2. It shall belunlawfuf for any
person t0 pla~/~ out for collec-
tion any cgntainer~ in which
refuse is m/xed with recyclables.
3. It shall be unlawful ¥o~ any
person to collect refuse from a
residenc~ which is mixed with
recyclables or thereafter to com-
mingle different types of
recyclables ot to mix mcyclables
with refuse.
4. Recyclables collected by
pri~ate residential refuse
haulers/fiat ters ~nd transported
tot 'he landfill/collection center
shall' be deposited in areas
designated by app~o'priate land-
fill Personnel.
4. Section 48-4(B~(3)
hereby ar~- nded to read as
follOws:
3~. Wood, including but not
limited to timber, 10gs, boards
and the like, unless such wood
is desi~nat~-d by the landfill at-
tendant as'recyclable wo~d~
Section 48-6(A) and (B)
(Penalties for Offenses~is hereby
amended as follows:
A. Elegal Dumping-- Any
person committing an offense of
illegal dumping un'let this
chapter sinill, upon conviction
thereof, be guilty of a violation
punishable as follows~
1. Fo~ a first offense:
a. A fine of not less than one
thousand dollars ~$1,000.) and
not nio/~ that/fifteen hundred
b. lmpr~nment
not ~xceeding ten days
c~ COm~it9 u~vtee'~f for.
ty hours ~/g~) to I~ performed
within thirty days (30) of the
date 9f s~ntencing.
2. For a Second nffanse:
a. A tin, of not less than two
thousand five hundred dolla/'s
($2,500.) and not more than fiv~
thousand dollars
b. Imprisonment for ~a ~erm
not esceeding thirty days ~), or
c. C~munity setviee'ofone
handre~l and twent~ hours (120)
to be I~rforl~ed within ninety
days (90):of the 'date of
sentencing. ·
B. ReCycling Offenses and
other offenseS-- Any person
committing a: rgcyc~ng- 0ffense
or any ~se ~.~u~t this
chapt~"Othe~ ~ ~1~0 ffe~e of
ilie~[al!~ll~mping shail~be subject
to ~i~,il Ix~lalty ~anforeeable
and collect~le 'By the ;Town in
the amount of one hundred
dollars ~$100.) for ~ch offense.
Any l~on. committing a se-
cond ~/or ,~..beequent offense
withi~ twelve (12) mOnths of the
dare Of. the first off~n~ shall be
subject to a civil penalty en-
forceable an~tible by the
Town in the amount of two hun*
dred dolla~ ($~0.). Such Penal-
ty shall be coll~tible by and in
the name of thgTown roi' each
day that soch: offen~ shall
IL This Local Law shall take
effect upon its filing with the
Secretary of S~at~e.
Copies of this Local Laware
available in the ~Office of .the
Town Clerk to an~ il~teresred
Persons during business hours~
DATED: January g, 1991
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
COUNTY OF SUFFOLK
SS:
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 th,e annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ...................... / .... weeks
successively, commencing on tile ........... "~ i?. ~ ....
Sworn to befme me this ............. }. ~ ..... (lay of
19..~../.
Notary Public I?ARBARA A. SCHNEIDER
NOiAEY PUBLIC, State of New York
No &,0o846
ON LOCAL LAW
PUBLIC NOT]CE ~S HEREBy
GIV~ that the~ has been p~,sentod
~ ~ ]~ d~y of ~nu~. 1~1~ ·
~CE IS ~RTHER O~EN
~ Town HaH, ~in R~d,
~, New Yo~, ~n the 22nd
~ ~ Jnnunry~ 1~1, nt
~ ~ ~ACTED ~ the Town
~)~ ~ T~ of
~SE - Any h~, ~-
ashe~, junk, trash, rubbish,
tire condition for more than
~ ~w~r as ~ d~m~
2. S~tion 48-1 (~fini~ons) is
here~y amended by adding
CANS - Shall ~ a recy-
· ~of, whi~ta~ or f~-
(~0, ~ ~ ~ (~r)
~l~d ~ss ~
~e~. GLA~ shall n~ m~n
papen Such glass is Io be
green).
R E F U S E
HA ULERS/~ARTERS
tion services provided by
4. Section 48-4 (B)(3) (Fees) is
5. Sectie~ 48-6 (A) and (B) (Penal-
!ion thereof, he gtnlty of
violation punishable as fol
1. For a first offense:
one thousand dollars
($1,000.) mid m,t mom
than fifteen hundred
dollars ($1,500.) or
not exceeding mn days
(10), or
forty hours (40) to be
days (30) of ~ date of
dre{ ddlars ($2,500.)
thousand dollars
($5,~.), or
not. exceeding thirty
dgys ~), ~
c. Community semice of
hours (120) to
formed within ninety
days (90) of ~e ~e of
B. Recycling Offenses and
of illegal dumping shall be
subject to a civil penalty
enforceable and collectible
one hundred doll.s ($1~.)
cmmittmg a sec~d and/or
subsequent offense within
twelve (12) months of the
date of the tint ~fense
~ subject m a civil
two hun~d dollam ($2~.).
Such penalty shMl be col-
lectible by and M ~e ~e of
the Town for each day that
SHARON ROCK of Mattltuck, In
said County, being duly sworn, says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattltuck, In the Town of Southold, County of
Suffolk and State of New York, and that the Notle~ of which
the annexed is a prlnt.d cop,/, has been rogub~y publbhed In
said Newspaper once each week for 1 weeks
successively, commencing on the l? day of
JANUARY 19 91