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HomeMy WebLinkAboutLL-1992 #09LOCAL LAW NO. 9 1992 A Local Law in Relation to Refuse and Recyclables I~E IT ENACTED. by the'Town Board of the Town of Southold as follows: Chapter L[8 (Garbage. Rubbish and Refuse) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 48-2(A) is hereby amended to read as follows: No person shall collect, store, accumulate, throw, cast. deposit or dispose of. or cause or permit to be collected, stored. accumulated, thrown, cast. deposited or disposed of. any refuse and/or recyclable upon any premises or upon any street, highway. sidewalk or public place within the Town of Southold. except when authorized by the Town Board. 2. Section 48-5 is hereby amended to read as follows: No person shall convey or transport refuse and/or recyclables through the streets or public places of the Town of Southold in any cart. wagon or vehicle or by any other means unless adequate care is taken to prevent the spilling of refuse and/or recyclables in such public places and streets. II. This Local Law shall take effect upon its filing with the Secretary of State. Underscore represents additions. NYS DEPARTMENT OF STATE aUREAU OF STATE RECgRDS 162 Washington Avenue ALbany, NY 12231-0001 DATE: 3/31/92 MUNICIPALITY to~cn of-~outhold Local Law Acknowledgment JUDITH '£~RY TOWN CTF, RK TOWN OF SOU±'~JLD TOWN HALL 53095 MAIN ROAD SOUTHOLD NY 11971 D05-236 (Rev. 6/9n) -I _1 The above-referenced material was received and filed by this office as indicated. Additional local law filing forms xvill be forwarded upon request. Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 ~VASHINGTON 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. of ......................... ..s.o. .................................................. Town Local Law NO .............. _9_ ..................... of the year 1992~._ · in Relation to Refuse and Recvclables A local mw ......................................... ._ .................................................................... Be it enacted by the Town Board of the ~ Southold Town of ......................................................................................... ~ as follows: Chapter 48 (Garbage. Rubbish and Refuse] of the Code of the Town of Southold is hereby amended to read as follows: Section 48~2(A) is hereby amended to read as follows: No person shall collect, store, accumulate, throw, cast. deposit or dispose of. or cause or permit to be collected, stored. accumulated, thrown, cast. deposited or disposed of. any refuse and/or recyclable upon any premises or upon any street, highway. sidewalk or public place within the Town of Southold. except when authorized by the Town Board. 2. Section 48-5 is hereby amended to read as follows: No person shall convey or transport refuse and/or recyclables through the streets or public places of the Town of Southold in any cart., wagon or vehicle or by any other means unless adequate care is taken to prevent the spilling of refuse and/or recyclables in such public places and streets. II. This Local Law shall take effect upon its filing with the Secretary of State. (If additional space is needed, attach pages tile same size as this sheet, and number each.) ~os-~0 {P~v. 7m) (1) ' (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 as local taw No ............... .9. ................... of 19-9--2--- of the ~,.,l~l~'K~l~)fTown)(~il~Vg~) of .... :: ..... ;-S_9~-u.:t--h.P_[_d~_: ....................... ' .............. was duly passed by the I own ~oaro ~larcn z~ ~z ................................................ on ................ '- 19 .... , in accordance with the a~r>licable ~rovisions of law 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 19 ...... of the ICounty)(City)(Town)(Village) of ................................................................. was duly passed by the ,- ............................................. on .................. 19 ---, and was (approved)(not approved)(repassed after disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) [ 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 (Name of Lggi~lative lh:*dy) disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted tElecdve Chief Executlve Officer*) to the people by reason of a (mandatory)(permissive) referendu.m, and received the affirmative vote of a majority of the qualified electors voting thereon at the (geneml)(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 referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(T0wn)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 .... and was (approved)(not approved)(repassed after (Name of Legi$ladve Body) ' disapproval) by the .................................................. on .................. 19 .....Such local law was subject to (Elective Chief E~ecutive 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 the chief executive officer of a county elected on a County- wide basis or, if there be none, the chairperson of the county legislative ~,ody, the mayor ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws ,~r 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 provisiom of section (36)(37) of the Municipal Home Rule Law, and having received the aff'n-mative vote of a majority of the qualified electors of such city voting thereon at the (special)(geneml) 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 Iocal 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 in- dicated in paragraph ....... .1 .... , above. Clerk of the G~unty legislative bo~y, City, Town or Village ~rk or officer designated by local legislative body Judith T. Terry, Town Clerk (SeaO Date: March 25, 1992 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authQrlzed attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law anne/xed here~. Matthew G. Kiernan, Title Assistant Town Attorney ~i~x of Town ~i~xg~x Southold Date: March 25, 1992 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD March 24, 1992 8:02 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN I~ELATION TO REFUSE AND RECYCLABLES". Present: Absent: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilman George L. Penny IV ) Councilman Thomas H. Wickham ) Stewardship Initiative Meeting at Mattituck High School SUPERVISOR HARRIS: The second public hearing of the evening a "Local Law in Relation to Refuse and Recyclables" will be read by Councilwoman Hussie. COUNCILWOMAN FIUSSIE: "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 10th day of March, 1992, a Local Law entitled, "A Local Law in Relation to Refuse and Recyclables". Notice is further given that the Town Board of the Town of Southold will hold a pbbl~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 8:02 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Refuse and Recyclables" 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 to read as follows: 1, Section 48-2(A) is hereby amended to read as follows: A. No person shall collect, store, accumulate, throw, cast, deposit or dispose of, or cause or permit to be collected, stored, accumulated, thrown, cast, deposited or disposed of, any refuse and/or recyclable upon any premises or upon any street, highway, sidewalk or public place within the Town of Southold, except when authorized by the Town Board. ',~., Pg 2 - LL Refuse & ~l~yclable ~ 2. Section 48-5 is hereby amended to read as follows: No person shall convey or transport refuse and/or recyclables through the streets or public places of the Town of Southold in any cart, wagon or vehicle or by any other means unless adequate care is taken to prevent the spilling of refuse and/or recyclables in such public places and streets. 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: March 10,'1992. Judith T. Terry, Southold Town Clerk." I have copies of affidavits from The Long Island Traveler-Watchman, that it. was published in that newspaper, and also, an affidavit from The Suffolk Times, and an affidavit that Judith T. Terry, Town Clerk of the Town of Southold, had posted this on the Town Bulletin Board. There are no further communications. SUPERVISOR HARRIS: Thank you. Are there any members of the audience, that would like to speak in reference to this public hearing, either pro or con? Yes? State your name, please. PAUL SPARA: Paul Spara. I had one question in the wording in there, about storing on premises. Does that mean at my house, I can not store things that would be considered reclyclable? TOWN CLERK TERRY: We're not changing any of that. We're just adding the words, recyclable. COUNCILWOMAN HUSSIE: Previously the Law did not include the word recyclable. I was only talking about refuse, and there was some question as to whether recyclables were refuse, so we wanted to clear that up, and have included the word recyclable. Other than that, the Law is exactly the same as it was originally. PAUL SPARA: I see. I'm not familiar with the Law. I'm just a little curious. You know, as an artist I do store certain materials, that I find. If somebody is complaining about my materials, that's an infringement on my rights, whether you consider it recyclable or refuse. I could see about storing in a lot, or something like that. At my residence, I do store metal. I do store glass, and I do store a lot. I mean, I do collect those materials. I don't want to get in trouble, because somebody decides, well.. SUPERVISOR HARRIS: I think, Paul, that this law that has been on the books for many, many years, is basically referencing vacant lots, and those individuals who would take it upon themselves to make this a sort of recycling station, or I'll just say a recycling area, holding area. The Town Board obviously is trying to prohibit that from happening in the vacant areas. I don~t think you've seen anywhere where in mentions residential properties, which means those where people reside. It just says premises, is what it does say. It doesn't talk about residential property. JUSTICE EDWARDS: Residential property is a premise. Pg 3 - LL Refuse & Recyclables SUPERVISOR HARRIS: I think the intent was vacant lots, and this has been, as I said, on the books for manyf many years, but it certainly is a point, that you brought up which this Board can certainly look into, this' language if it needs clarity, we'll certainly move in that direction. JUSTICE EDWARDS: See what Harvey las to say. TOWN ATTORNEY ARNOFF: I think if you were collecting $,000 Coke cans on your property, you would be storing re~yclable, and that's what this particular law is aimed at. But, I think whatever you have on your property, l'mreminded of the adage, that one'man-'s junk is another man's treasure, and I think in this circumstance your position is dealt with in the statute. I don't think what you have been doing is affected in any way by this statuter if that's what your question is. PAUL SPARA: Yes. Thank you. SUPERVISOR HARRIS: Is there any other member of the audience, that would like to address this change in Local LaB? (No response.) Hearing none, I'll declare this public hearing closed. Judith T. Terry Southold Town Clerk · I ~,:,~PUB[~IC EIER.RING · : -r~ :; 'rNOI'ICEOF . , ' ' i; :PLIBUc HEARING ,! · . ~ '., ON, IOC.ad. LAW '[ · .: (PUBLIC p NOTICE , IS HEREBY GI~rEN that the~'e'h~s been ,ptesenied to the .l'ow~ :]~o~Lrd olLhe Town.of , Su~o[k County. New York, ~ the 10th'day of Match, 1992. a~ ,, Loca..Law entitled "& Local' .Law m Re ation to Ret.use and '?~. elables;': ~NOTICE' 1S FURTHEk !GIVEN that ~ be Town BoaZd or, ~the 'Iowa or Soutbo d ~.q'] hold ~,u public bean~g on:theatoresadd, , focal ~.w at .the Southold ~H:I1] ~ ~Road. Southold, -:Ne? York, o~ ~e 24th day , Man:b, 1992',. al 8:02 ]~.~1. at 'wiU~b~.:I~-~:rd Z '. ~':-!.: ' :~. Th'is'propSs~~' Local l~_~.~'in ~;R¢l'ation ' to ~RcJ'os.~ and ' '-1~ecT~ables reai:b ~s follows: '~"~ BE; [-~ ~E~AC~E D~ by ~the C~'ow6 ;E6h?d:'.br ~be '-Tbwa oi: i$&u lib d ~s foUm~3: /.'~ l': C'hap~er 48 (Garbage-Rub- U~hand Ret,u~e o theCodeor the 1-nwa o1" Southo d is hereby amendedzo,~ad as.fo ows; l~;Sectibn.4$-2(~) is herebY,' ~ :~'nended ,£o read as tollows ' A:4No' persoo,shal[ co ·" el:rOSa or dispose of,' Or cause ' or~ pe~ntiL [b:b~ co[J~necL s~ored. 'accu~u[~t~di~'-[hrowa. east, depbs ed.or ~d~sposed of. any ' :refas~ ~ud 'Or,:recyc ab e upoa ~: any p~emises 0r~pon any'~t, ' · bJgSw~y, ~ sidewalk .~or -.public pla,~:~chi~ [be '[own or i Sou[li~lrl except whoa au[b0riz-: "ed 'b~ihe,Towa Boa.rd 2: ,~e~.~on.~-~-~ is .here~, i '~meaaed zo r~d as follows: or 3)1 tran~po~, ~ret,use p[aces~.o[ the To~ o Somho[d . ade~h e ca~e u:u~ken , the ~splrl ng~ of :re use , and 'Or,Te~Tc.]ab[es. m ~ucl~',public places ~nd ~tr~ets.. 'l[~¥hb:LbcbJ Law,~ha'll take . ¢ffe_~-~upon.,irs~fiJing~ with the ~es otThis Loc:d Law a. re a~ilab~e in~I~e Offi,'e or ~he Tow~lerlo~.to any tn crested DA~ED:~,Vareh .10. 1992 , SOU~OtD.TO~ COUNTY OF SUFFOL,',',','~ S'['ATF. OF NEW Y©P,K Patricia Wood,- being duly sworn, s~ys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, it public newspaper Prin[ed at. 5.outhold, in SufFolk Count. y; nnd [h~[ the notice or ~l~ich the ~nnexed is ~ printed copy, h,is h~en .publis~ec in S;lic[ Long ICnnd 'l'ravNc'r-W;t clm once each week Fo' · ............ / .... weeks ~tJCCeSSively, commencing on Lhe /~ ~ day or March 1992 ~ S,vorn t<, h~r~,,.e m~' Ihis /~' ~ day or ~ar c:h 'l 992 Notary Public BARBARA A, SCHNEIDER NOTARY PUBUO, SJ~t~ ol N~ Yor~ No. 4806846 ?oalifi0d in SuffOlk CoLJnty/ gommisslon Expires PUBLIC HEARING NOTICE OF PUBLIC HEARING ON LOCAL LAWS pUBLIC NOTICE IS HEREBY GIVEN ~ the~ has been p~cscnw, d zo the Town Bo~d of the Town o£ Southold, Suffolk County. New Yoik. a~x th= 10th day of March, 1992, a Local Law ~fit~t. "A Local Law in Relation ~ Refuse and Re- cycqables". NOTICE IS FURTHER GIVEN that the Tov~ Board of the Town of Southold ~ hold a public hearing on the aforesaid Local Law at Southold Town Hall. Main Road, Southolcl, New York, an the 24U1 day of M~'cb, 1992, at 8:02 P.M., at which time all inmresmd persons will be h~rd. This proposod "Local Law in Relatio~ to Refuse and Recy- clables" re. ads as foBows: BE IT ENACTED by the Town Board of the Tow~ of Somhold as foBows: L (~aprcr 48 (Ga~oage, Rubbish and Re.se) of the Code of the Town of Southold is h~mby mnended read as follows: 1-Section 48-2(A) is hereby amended w ~.ad as fuHows: A. No p~rson shall collect, store, accm~ofarg, throw, ca~ dcposi~ or dispose of. or cause or permit to b~ col- lectcd, stoicd, acc~unulated. thrown, cas~ depositod or disposed of, any refuse and/or iecvclable upon any premises or upon any smzct. highway, sidewalk or public phcc wirhfu the Town of Sourhold, except when au- thorized by the Town Board. 2. Section 48-5 is hereby ~nendcd ~o read as follows: No person shall convey or rranspor~ refuse and/or recv- clables ~axough the streets or public places of the Town of Sou~hold in ~y ~ wagon or vehicle or by ~y other unless adequate care is ~akcn prevent the ~llling of refuse and/or rccychbMs in such pub- licpla~s and s~eers.. II. T~s Local Law shall rake effect upon its filing wkh th~ Secrc[aW of Stare. Copies of rkls Local Law are ~vallablc in ~c Office of the Town ing business hours. DATED: Mzzch 10, 1992. JUDITH T. TERRY SOUTHOLD TOWN CL~ 7328-1TMI9 STATE OF NEW~i~RK} )SS: COUNTY OF SUFFOLK} ~d.-4'"~L_ ~__O'v~ ~-.~*'t ,"1 of Mattituok, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspeper, published at Mattituck, In the Town of Southold, County of Suffolk end State o! New York, and that the Notice ol: which the annexed is a printed copy, has been regularly published in said Newspaper once each week for t weeks successively, commencing on the (~ day of 1 Principal Clerk Swom to before me this ~' dayof ~C~C~ 19 NOTARY PL'~L!~,, S~te of New York ~I[ 9~ Comm~ss,an E~pires Nov. 30,