HomeMy WebLinkAboutLL-1992 #08 LOCAL LAW NO. 8 . 1992
A Local Law in Relation to Peddling and Soliciting
BE IT ENACTED. by the Town Board of the Town of Southold as follows:
I. Chapter 69 (Peddling and Soliciting) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 69-103(B)5 is hereby deleted in its entirety.
2. Section 69-103|D) is hereby amended to read as follows:
This Chapter shall not apply to any of the following:
[1) Sales conducted pursuant to statute.
(2) Sales conducted pursuant to the order by any court.
(3) Any person selling personal property at wholesale to dealers
in such articles.
14) The sale of fruits and vegetables raised on the property where
being sold.
J5) Persons soliciting, collecting or operating a sale on
behalf of any local bona fide charitable, religious.
patriotic or other organization of worthy cause deemed
to be in the pubJic interest and which organization is
represented locally by a Town resident.
16) Any person sei)ing personal property at a garage sale held at
his residence.
(7) The sale of newspapers.
(8) Any merchant havJn9 an established place of business within
the Town of Southold.
II. This Eocal ~aw shall take effect upon its filing with the Secretary of ~tate.
* Underscore represents additions
** overstrike represents deletions
Text which is neither underscored nor overstruck is merely included for purposes
of renumbering.
NY5 DEPARTHE~T OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231-0001
DATE: 3/31/92
Local Law Acknowledgment
JUDITH TERRY TOWN CLERK
TOWM OF SOLTEHOLD
TOWN HAIL 53095 ~ ROAD
SOUTHOLD NY 11971
L
D05-2:56 (Rev. 6/90)
MUNICIPALITY
town ~, ~outb_old
LOCAL LAU(B) NO' I I
8--9 Y~92 FILING DATE
3/31/92
The above-referenced material was received
and filed by this office as indicated.
_1
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 122-31
(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.
)~-~t, of .......................... .S--°--u--t-h- 9-! -d- ..................................................
Town
Local Law No ............. .8. ...................... of the year 19--9-2-_.
A locailaw ..... ...........................................
(Ir, sen lide)
Be it enacted by the ..............._T._o._w__n____B..o..a.r..d. ....................................................... of the
R3it~ $outhold
Town of .......................................................................................... as follows:
Chapter 159 (Peddling and Soliciting) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 69r103(B)5 is hereby deleted in its entirety.
2. Section 69-103(B) is hereby amended to read as follows:
B. This Chapter shall not apply to any of the following:
(1) Sales conducted pursuant to statute.
(2) Sales conducted pursuant to the order by any court.
(3) Any person selling personal property at wholesale to dealers
in such articles.
16)
(It' additional space
DOS-~-.39 (Rev. 7/91)
The sale of fruits and vegetables raised on the property where
being sold.
Persons soliciting, collecting or operating a sale on
behalf of any local bona fide charitable, religious,
patriotic or other organization of worthy cause deemed
to be in the public interest and which organization is
represented locally by a Town resident.
Any person selling personal property at a garage sale held at
his residence.
is needed, attach pages the same size as this sheet, and number each.)
(1)
17) The sale of newspapers.
18) Any merchant having an established place of business within
the Town of Southold.
!1. This Local /aw shall take effec~ 0pon its filing with the Secretary ot~ State.
(Complete 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, designated a~ lneM la,a~ Mc, 8 ,~. ^el9
O_..f the (:~trgY,)~i~(Town)(~l~g:o~ of- Southold ¥-,- .....t,~--y--
/own t~oaro "1~'~--~i4-'63; ......... ;-4 .................................... was amy passea oy tl~e
'-~,~;¥-~/~,;7(: ,~ g n~, B,~y) ................................ on ...... -'r-'2---~-'L-- 19 --~A, in accordance with the applicable prov'ls~ons' of law.~
2. (Passage by local legislative bodv with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive ~fficer*.)
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 approved)(repassed after
(~'ame of Legislatlve Body) .
disapproval) by the .................................................. and was deemed duly adopted on 19 ....
(Elective Chief Executive O]T~ccra) .................. ·
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, desi~maated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duty passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(Name of LegiMa~ive Body)
disapproval) by the ................................................. on ................... 19 .... Such local law was submitted
(Elective Chief Executive Officer*)
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)(a~nual) 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
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 approved)(repassed after
(~Vam~ o/Legislative Body) '
disapproval) by the~t~ti,~, .................................................. oti,/~¢~,ti~offi~,,) on .................. 19 ---. .Such local law was sub~ect to
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 !ncludes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body~ the mayor o[a city or village~ or
the supervisor ora tGwn where such of Heer is vested with the 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, desi maated as local law No .................................... of 19 ......
of the City of ............................................. hav~ng been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative yom 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 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 cit-
ies of said county as a unit and 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 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 originai local law, and was finally adopted in the manner in-
dicated in paragraph ...... J. .... , above.
Clerk of lhe ~uaty legislative body, City, Tom or Village~erk
or officer designated by local legislative body
Judith T. Terry, Town Clerk
(Seal) Date: March 25, 1992
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authQrized attorney of locality.)
STATE OF NmV ~3OuP~
COUNTY OF . FOLK .
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 lo~~~_~reto~. /~//~
S~natt~e- ' v ' I~.~
Matthew G. Kiernan, Assistant Town Attorney
Title
$outhold
Date: March 25, 1992
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
March 24, 1'992
8:00 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO PEDDLING
AND SOLICITING".
Present:
Absent:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman Joseph J. Lizew~ki
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Councilman George L. Penny IV)
Councilman Thomas H. Wickham )
SUPERVISOR HARRIS:
to Peddling and Soliciting".
tion and verification of such.
Stewardship Initiative
Meeting at Mattituck
High School
The first public hearing is called a "Local Law in Relation
Councilman Lizewski will read the proof of publica-
COUNCILMAN LIZEWSKI: "Public Notice is hereby given that there has been
presented to the Town E~oard of the Town of Southold, Suffolk County, New York,
on the 10th day of March, 1992, a Local Law entitled, "A Local Law in Relation
to Peddling and Soliciting". Notice is further given that the Town Board of the
Town of Southold will hold a publ!c hearing on the aforesaid Local Law at the
Southold Town Hall, Main Road, Southold, New York, on the 24th day of March,
1992, at 8:00 P.M., at which time all interested persons will' be heard. This
proposed "Local Law in Relation to Peddling and Soliciting" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 69 (Peddling and Soliciting) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 69-103(B)5 is hereby deleted in its entirety.
2.Section 69-103(B) is hereby amended to read as follows:
B. This Chapter shall not apply to any of the following:
(1) Sales conducted pursuant to statute.
(2) Sales conducted pursuant to the order of any court.
(3) Any person selling personal property at wholesale
to dealers in such articles.
(4) The sale of fruits and vegetables raised on the property
where being sold.
(5) A~m¥ -hl~nop~l~t¥ dis~-~h~e~l me~nt~er o-~ ~e ~{e~ ~es
(5) Persons soliciting, collecting or operating a sale on
behalf of any local b~ona fide charitable, religious,
patriotic or other organization of worthy cause deemed
to be in the public interest and which organization
is represented locally b,v a Town resident.
(6)Any person selling personal property at a garage sale
held at his residence.
(7)The sale of newspapers.
(8) Any merchant having an established place of business
within the Town of Southold.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* tJnderscore represents additions.
** Overstrike represents deletions.
Text which is neither underscored nor overstruck is merely included for
purposes of renumbering.
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: March 10, 1992. Judith T.
Terry, Southold Town Clerk." Take notice that published on March 19th, an
affidavit that it was posted on the Town Clerk's Bulletin Board. It was, also,
published in two papers. It was published in The Traveler-Watchman, and The
Suffolk Times. There are no further communications.
SUPERVISOR HARRIS: At this time, are there any members of the audience,
that would like to speak in favor, or against, this proposed Local Law change?
(No response.) Hearing none, I'll declare this public hearing closed.
Southold Town Clerk
NOTICE OF
P~U~LIC HEARING
ON LOCAL LAW
~.elation to Peddling and
~olicifing" reads as follows:
~ BE IT ENACI?F:~t~by the'
town Board o£ the Town of
5outhold as follows:. ·
: I. Chapter 69 (Peddling and i
~oliciffng) of the Code of the
l-o~u of Sour. h01d ,is hereby
axmendcd as follows:
~ I. Section 69-103(B)5 ishereby
~leted ia its enl]rety.
C'OUNTY O-[: SUFFOLK
S'['A'I'I"- OF NEW YORK
Patricia Wood,' being duly sworn, says that sNe. is the
EdiLm', of THE LONG ISLAND TRAVELER-WATCHMAN,
a pul~lic newspaper printed at 5outhold, in Suffolk County;
aocl Ihat the notice of which the ~nnex~d is ~ printed copy,
h,,s huen .published in said I_ong Island '['ravcler-W;tlchn~an
once each week for. .................... ~ ..... weeks
~uccessively, commmlcing on tile /~ ~
;. s :uan 69-t0. ml
~ended [o read as follows:
B. ~ Chapter s~ not app- [ ~
to any of the follo~g: ~ ~.~ ................. /..
~atar~.
o .(2) S~es ~aduc~su~[:
he ard~r o( ~'courL
, . . . ... .
(~ .~} person se~g per- i
~6n~ pro~rty at Wholeg~e to~ ~wnr'n to he'ore me Ibls .................. day of
~U~ers in suc~ a~cies.
92
~egetabl~ ~se~ ~ the prop~- I ........................
Wh~e bei~ soi&:
(5~ [~y ~onombly
member o[ the Un~d Smms,
~ed Force:; ~&o had b~n
proc~ a ~c~e ~n A~e
4-of the Gane~[ Bu~ness ~w
~fthe State of N~ Vork.l
~:-f5) Peas°ns solicitin~ cotlec-
ag or,opertRing ~i' ~at~ on
ehalf o~' Ray local bona fide
harimble, religious, pa~i0tic or
ther orgaaization of wmtl~'
:ause deemed to be i, the public
nterest and which orgardzarion
represented Ioenlly by a Town
. .
,;~anal propert} at a garage saJle
.~eld at his residence.
~71 The sale of newspapers.
..~,tSl Any meo:ham ha:iag an
'e~blished place of business
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, Slmte a[ New Y~rk
N0. 4806846
Qualiliod in SuIIoYa
Commission Expires
~t': PUBLIC NOTICE IS Within ~he To~n of SouthokL
tt! HEREBY GIVENthat there has . 1[. T[ds Local Law shall take
J~ been presented to the Town ~ffect upon its filing ~ith the
! ;~. Board of the Town of Southold, ~.~Se,.-'retarl,' of State.
i Suffolk County, New York, on ~, U.n.d. erscore . represents:
the 10th day of March 1992 a ~adthuons
' ~ ~,o~ lr ..... tltl~ Cai ~*[Bra~ets represent deleLions]
]'L I~w in Belafian to Peddling and Text which ~s . netther
LSolieiting:, - ~derscorefl nor bracketed is
· .~erely included for purposes of
~/ NOTICE IS FURTHER .....
'.~ GIVEN that the Town Board of ~]~enumbering- '
~:the To'a~ of Soa thold will hold! ~ . Copxes of tlxis Local Law.
;~a public ~a~ing on the aforesaid '~e availabl~ in theOffice~of the.
~ .... law at the Southold Town .~owh Clerk. to any interested
~.-Hall, Main Road, $outhold, ~;rsons durmg, husmgsshottrs.
~ ..... ~'~th d~-' of .~' DATED' March i0, 1992
~March, I992, at 8:00 . ., ~ ·
PM at' UTHOLD TOWN CLERK
LEGAL NOTICE
pUBLIC REARING
ON LOCAL LAWS
PUBLIC NOTICE IS HEREBY
GIVEN that ther~ bas becm pres~
to Cae Town B6ard of the Tdwn of
$~uthold, Sn/folk ~ounty, New
york, on ~he 10th fl.~jr of
t9~, a Local Law enfifl, ed. %$, Loeaf
NOTIc~ IS FURTHER G/VKN
that the Town Board of the Town of
$outhold Town Ha/l, M~ain Road,
wi/1 he beard.
BE IT ENACTED by the Town
Board of the Town of Southold
£olhiw~:
L Chapter 69 (Padd2ing and Solieix
iag) of the Code of the Town of
Southold it hereby amended as
£oilows:
1. Sect/on 69-103(15)5 is hereby
deleted/n its ent/~ety.
Z Section 69-103(B) it hereby
~. 'Fais Chapter shall not apply
to any of the following:
(1) Sales conducted pursuant
(2) Sales conducted pursuant
(3) Any p~rson sailing per-
sale to dealers in such ar-
ticles.
(4) The sale of fruits and
property where being
Yzr'~_
($) t'erson~ solicits, col-
on behalf of any local
gious, pa~ot/c or other
cause deemed to he in the
sented locally by a Town
(fi) Any person selling per-
(7) The sale of newspapers.
(~) Pay merchant having an
ness within the Town of
SoutholtC
/I. This Local Law shall hake effect
*Underscore r~pwsems additions
Text which is neither undersmred
nor overs~uek/s raexely i~cinded for
purposes of reuumbefing.
availahie in the Office of the Town
SOUTHOLD TOWN CLERK
STATE OF NEW YORK~'
)SS:
COUNTY OF SUFFOLK)
of Mattituck, in
said County, being duly sworn, s.ys that he/she is Principal
Clerk el' THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituck, In the Town of Southold, County of
Suffolk .nd S~ate of New York, and thai the Notice of which
the annexed is a printed copy, has been regularly published in
said Newspaper ence each week for I weeks
successively, commencing on the ['~ day cf
Principal Clerk
Sworn to before me this ~"~ -
dayof ~'~2/' f.~ 19 C~ ,~.,,,,,~WILLI,Ar~ C. AR,~N _~ 0
f