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HomeMy WebLinkAboutLL-1991 #27LOCAL LAW NO. 27, 1991 A Local Law in Relation to Commercial Recycling 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: Section 48-1 IDefinitions) is hereby amended by addinq thereto the following: Residential Self Haulers - Those residents who transport their refuse and/or recyclables for deposit at the Town of Southold refuse disposal area. Commercial Self Haulers - Those businesses, trades or other commercial enterprises which transport the refuse and/or recyclables 9enerated in the operation of their business, trade or commercial enterprise for deposit at the Town of Southold refuse disposal area. Section 48-3(A)(1) (Town refuse disposal area) is hereby amended to read as follows: 1. Residential self-haulers and Commercial self-haulers. Section 48-3(A) is hereby amended by addinq thereto the following: Private commercial refuse haulers/carters. _a. The owners or occupants of all commercial establishments within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this do chapter shall place recyclables in separate, ri,clid containers at curbside for collection on such day or days as the licensee servincI such business shall desiclnate. It shall be unlawful for any commercial establishment to place out for collection any container in which refuse is mixed with recyclables. It shall be unlawful for any commercial establishment to place out for collection any container in which one type of recyclable is mixed with any other type or types of recyclables. It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any commercial establishment which is mixed with recyclables or thereafter to comminqle different types of recyclables or to mix recyclables with refuse. II. e e. Recyclables collected by pr~vat commercial refuse - haulers/carters and transported to the landfill/collection center shall be deposited in areas desi.cjnated by appropriate landfill personnel. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions NYS DEPARTHENT OF STATE 8UREAU OF STATE RECORDS 162 Washington Avenue ALbany, NY 12231-0001 DATE: 12/10/91 RE OEO ""J. 0 1991 SouthOlr~ T~,,~ C~l~d~ F'~G DATE Local Law Acknowledgment I-- JUDITH T TERRY TOWN OF sOUTHOLD TOWN HALL 53095 MAIN ROAD SOUTHOLD NY 11971 I__ DOS-236 (Rev. 6/90) _1 The above-referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Law Filing NEW YORK STATE DEPARTMEET OF STATE 162 WASHINGTO~ AVENUE, ALBANY, NY 12231 (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. Town Local Law No ............2...7. ..................................... of the year 19 9.1. .... A local law ............................. ....................................................... (Insert Title) Be it enacted by the ............... ,T...°...w..,q.....B...°._wi'...d.. .......................................................... i .................................... or the (Name of Legislative Body) Southold ~t/~x of ..................... : ............................................................................................................................ as follows: Town 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: Section 48-1 (Definitions} is hereby amended by adding thereto the following: Residential Self Haulers - Those residents who transport their refuse and/or recyclables for deposit at the Town of Southold refuse disposal area. Commercial Self Haulers - Those businesses, trades or other commercial enterprises which transport the refuse and/or recyclables generated in the operation of their business, trade or commercial enterprise for deposit at the Town of Southold refuse disposal area. Section 48-3(A)(1) (Town refuse disposal area) is hereby amended to read as follows: 1. Residential self-haulers and Commercial self-haulers. 3. Section 48-3(A) is hereby amended by adding thereto the following: .' 3. Private commercial refuse haulers/carters. The owners or occupants of all commercial establishments within the town which utilize (If additional space is needed, attach pages the same size as this sheet, and number each.) (i) ;,-7-~9 (Rev. 7/90) II. collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place recyclables in separate, rigid containers at cu~bside for collection on such day or days as the licensee serving such business shall designate. bo It shall be unlawful for any commercial establishment to place out for collection any container in which refuse is mixed with recyclables. It shall be unlawful for any commercial establishment to place out for collection any container in which one type of recyclable is mixed with any other type or types of recyclables. do It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any commercial establishment which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. Recyclables collected by private commercial refuse haulers/carters and transported to the landfill/collection center shall be deposited in areas designated by appropriate landfill personnel. This Local Law shall take effect upon its filing with the Secretary of State. .(Compli~te the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, desienated as local law No. 27 of t9 91 Of the (Ooll~:~)(O4~Town)(Xr~a~:8) of Southold ~ was duly passed by the Town Board -- on November 26, I991 , 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)(Village) of on 19 [Name of Legislative Body) disapprov~l) 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 Body) disappro~val) by the on 19 Such local law was (Elective 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 petition was filed requesting referndum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the .(County)(City)(Town)(¥illage) of was duly passed by the on 19 , and was (approved)(not disapproved)(repassed after (Name of Legislative Body) disapproval) by the on 19 Such local law was subject to (Elective Chief Executive Officer') permissive referendum and no valid petition requesting such referendum was filed as of 19 , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes tile chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the count)' legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with tile power to approve 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 provisions 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. of 19 of the CQunty 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 toxvns. 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 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. ('Seal} Cl rk of~e Coun~;y legislative body, City, Townr~Village Clerk or officer deaignated by local legilsaMv~bod¥ Judith T. Terry, Town Clerk Date: November 27, 1991 (Certification to be executed by County Attorney, .Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing Iocal law contains the correct text and that all proper proceedings have been had or taken for the enactment of tthe l~al lay ~nexed hereto. Matthew G. Kiernan, Assis'tant Town Attorney Title Town of Southold Date: November 27, 1991 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD November 26, 1991 4:32 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO COMMERCIAL RECYCLING. Present: Absent: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilwoman Ellen M. Latson Councilman Thomas H. Wickham SUPERVISOR HARRIS: The second public hearing ia a "Local Law to Commercial Recycling". Ruth will read the publication and verification. 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 12th day of November, 1991, a Local law entitled, "A Local Law in Relation to Commercial 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 26th day of November, 1991, at 4:32 p.m., at which time all interested persons will be heard. This proposed "Local Law in Relation to Commercial 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 by addin9 thereto the following: Residential Self Haulers - Those residents who transport their refuse and/or recyclables for deposit at the Town of Southold refuse disposal area. Commercial Self Haulers - Those businesses, trades or other commercial enterprises which transport the refuse and/or rec¥cables ~lenerated in the operation of their business, trade or commercial enterprise for deposit at the Town of Southold refuse disposal area. Pg 2 - LL Commercial Re~cling 2.Section 48-3(A)(1) (Town refuse disposal area) is hereby amended to read as follows: 1. Resisential self-haulers and Commercial self-haulers. 3. Section 48-3(A) is hereby amended by adding thereto the following: 3. Private commercial refuse haulers/carters. -- a. The owners or occupants of all commercial establishments -- within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place rec¥clables ~n separate, ri~lid containers at curbside for collectio,, on such day or days as the licensee serving such business shall desic, lnate. b. It shall be unlawful for any commercial establishment -- to place out for collection any container in which refuse ~s mixed with rec¥clables. c. It shall be unlawful for any commercial establishment -- to place out for collection any container in which one type of rec¥clable is mixed with any other type or types of rec¥clables. d. It shall be unlawful for any private commercial refuse -- hauler/carter to collect refuse from any commercial establishment which is mixed with rec¥1ables or thereafter to commingle different types of rec¥clables or to mix rec¥1ables with refuse. e. Recyclables collected by private commercial refuse -- haulers/carters and transported to the landfill/collection center shall be deposited in areas designated by appro- priate landfill personnel. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: November 12, 1991. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication in The Suffolk Times, an affidavit of publication in The Long Island Traveler-Watchman, and an affidavit by Judith T. Terry, that it has been posted on her bulletin board. There are no further communications. SUPERVISOR HARRIS: Thank you. Are there any members of the audience that would like to speak either in favor, or against, this Local Law change? (No response.) I'll declare this public hearing closed. T. Terry Southold Town Clerk LEGAl, N O'f I Cl*~' NOTICE OIe PUBLIC HEAP. ING ON LOCAl. LAW PUBLIC NOTICE IS IIEREBy GIVEN that Ihcm has been presented to the Town Board of the Town of So~thold, Suffolk Courtly, New Yolk, cling". NOTICE IS FURTIIER GIVEN sons will be heard. reads as follows: BE IT ENACTED by tile Town Refuse) of the Code of the Town of Southold is hereby amended as follows: hereby amended by Vine 2. Section 45-3(A)(1) (Town refuse disposal ama) is hereby ~*°mmer¢iM self-haulers. amcnded by ~ddin~ thereto thc following: ~ ~cial refu~e. ~Lhmcnts wi~in th~ ~Ow~ ~ons licensed to oolite( ~L it ~hall be unlawful for any STATE OF NEW Y~....~) )SS: COUNTY OF SUFFOLK) ~ County, being duly sworn, say~ that he/~he Is Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, publIshed et Mattltuck, In the Town of Southold, Co.nty of Suffolk and State of New York, end that the Notice of which the annexed Is a printnd eo~, has been regularly published in said Newspaper once each week for / weeks sucoesslvely, commencing on the ? [ day of Swom to before me thb *~_//~,5~ No. 4907175 Olmllfled in Suffolk Coun~ ~l~l~ ~res Aug, 31, 1 ~.~ COUNTYOF SUFFOL' LEGAL NOTICE SS: STATE OF NEW YORk 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 12th day of November, 1991, a Local Law entitled, "A Local I]w in Relation to Commerciul Recycling." NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public bemin~ on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 26th day of No~ember, 1991, at 4'~2 P.M., at which time aH interested persons will be heard. This proposed "Local Law in Relation to Commercial Reeyei- lng" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: L Chapter 48-1 (Definitions) is hereby amended by adding thereto the following: Residential ' Self-Haulers- Those ~sidents who transport their refuse and/or recvclables for dcoosit at the Town of Southold refuse disposal area. Commercial' Self Haulers- Those businesses, trades or other commercial enterprises which transport the refuse and/or rec)'clables [coerated in the operation of their business, trade or commercial ~nterprtse for deposit at the Town of Southold refuse disuosal area;. 2. Section 48-3(A)(1) (Town refuse disposal area) is hereby amended to read as follows: L Residential self-haulers and ~ self-haulers. 3. Section 48-3(A) is hereby amended by addin$ thereto the following: haulers/carters. a. The owners or occupants 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 con- miners at curbside for collection on such day or days as the licensee servin~ such business shall designate. b. It shah be unlawful for an), Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Soulhold, in Suffolk County; and that the notice of which the annexed is a printed copy, I/its been published in said Long Island Traveler-Watchman m~cc cach week for / weeks successively, commencing on the ......... ~. ~ ...... clay or,, ~l.q¥?~a.~z7 ........ 199..]:... Swm'n to hel'ore mc Ibis .. ......... ..~./. ....... clay November 1991 ~ It shah I?e unlawthl t~r a~¥ commercial: establishment to place out for'collection any coh- tainer m whicll one t)'pe 9f rec~lable is mixed with any other type 6r t~pes of tVcvctables. d. It shall be unlawfhl for any private commercial refuse hanler/earteg to collect refuse fwm an)' commerdal establish- me~t which is toixed with rec~clables or thereafter to com- mingle dil~ferent types of with refus~ e. Recycinbles collected by private commercial refuse haulers/carters and transported W the landfill/collection center shall be deposited in areas designated by appropriate land- fill personnel. II. This Local Law shall take effect upon~its filing with the Secretary of Stat~ *UndersCore represents additions. Copies bf this Local Law are available inthe Office of the Town Clerk to any interested persons during business hours. DATED: November 12, 1991 JUDITH.T. TERRY SOUTHOLD TOWN CLERK 1X-11/21/91(22) Notary Public BARRARA A. SCHNEIDER NOIARY PUBLIC, St'~te et New York No. ,1806846 Qualified in Suilolk Cognty/ Commission Expires commercial establishment to place out for collection any con- talner in which refuse/s mixed with recyclables.