HomeMy WebLinkAboutLL-1995 #12PUBLIC HEARING: 5:05 P.M., June 13, 1995
LOCAL LAW NO. , 1995
A Local Law in Relation to Appearance Tickets
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 26 (Appearance Tickets) of the Code of the Town of Southold is
hereby amended as follows:
INTENT: The purpose of this local law is to include the position of Town
Invest qator for Southold Town in the list of those permitted to write
appearance tickets.
1. Section 26-2-E (Certain public servants authorized to issue
appearance tickets) is hereby amended to read as follows:
E. Town tnvestiqators, Ordinance Inspectors and Code Enforcement
Officars. An~,,,ny..~q~t~, local law, ordinance, rule or regulation
regarding:housing, building, zoning, fire safety, sanitation,
./tamusement, signs, peddling and any other areas concerning
ul~lic order.and s f._C_~0~din~q but not limited to ~all chapters of
the Code of the Town of Southold.
Il. This Local Law shall take effect upon filing with the Secretary of State.
* Underline represents additions.
NYS DEPARTHENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Atbany, NY 12231-0001
DATE: 6/27/95
Local Law Acknowledgment
JUDITH T TERRY
TOWN OF SOUTHOLD
TOWN HALL
53095 MAIN ROAD
LOCAL LAg(S) NO. I YEAR
12 & 13 I 1995
FILING DATE
6/16/95
--I
The above-referenced material was received
and filed by this office as indicated.
_l
Additional local law filing forms will be
forwarded upon request.
;Local .Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162WASHINGTON 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.
. ~l¢~x ~r Southold
Town ............................................................................................
12 95
Local Law No ..................................... of the year tg- .....
A, loenl law .... -i-n.__~?.[_a_t.[9__n_._t_°__._A_]~P_~.a_r..~__n__c_e_.__T_ i~_ .................................................
Town
Boa
rd
Be it enacted by the of the
t~t}~ ,,r Southold
Town ............................................................................................ as follows:
I. Chapter 26 .(Appearance Tickets) of the Code of the Town of Southold ~s
hereby amended as follows:
INTENT:
The purpose of this local law is to include the position of Town
Investigator for Southold Town in the list of those permitted to write
appearance tickets.
1. Section 26-2-E (Certain public servants authorized to issue
appearance tickets) is hereby amended to read as follows:
E. Town Investigators, Ordinance Inspectors and Code Enforcement
Officers. Any statute, local law, ordinance, rule or regulation
regarding housing, building, zoning, fire safety, sanitation,
amusement, signs, peddling and any other areas concerning
public order and safety, including but not limited to 'all chapters of
the Code of the Town of Southold
II. This Local Law shall take effect upon filing with the Secretary of State.
(If additional space ts needed, attach pages the sam,- size as this shezt, and number each.)
(~v. 7,9o (1)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
I. (Final adoption by local legislative body only.)
hereby certify Ihat the local law annexed hereto, designated as local law No .... _1_2_ .............................of 19--9--5--
· o Southold was dui assed b the
° f t'Lhe~own~Board~'K~){T°wn) (i~t}a~e0- f .... Ju-' ............................................................ n e 1 3 95 - ' ' ' ' Yv'' p Y w
............... : ................................ on .................. t9 ...., tn accordance wtth the apphcable pro ts~ons of la .
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
[ hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
oLthe (County)(City)(Town)(¥illage) 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
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting mereon 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, dasignated 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
disapproval) by the .................................................. on .................. t9 .... Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as o£ .................. 1¢ .... in
accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer ora county elected on a county-
wide basis or. if there be none. the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such otlicer 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, 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 ora majority of the
qualified electors of such city voting thereon it the (speclal)(generai) 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 ......
0f the County ot .................................................... State of New York, having been submitted to the electors
at the General Elect~on 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.ci~-
~es of smd county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
boting at said general election, became operative.
(If any other authorized tot m of final adoption has been followed, please provide an appropriate certification.)
! further certify that I have compared the preceding local law with the original on file in th/s 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 ............ , above.
Clerkof me co~tv legislative bodg, City., Town or Village Cle~'
or officer designated by local legislative body
Judith T. Terry, Town Clerk
(Seal) Date: June ltl, 1995
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
: other authorized attorney of locality.)
STATE OF NEW' YORK ~
coum-r oF SUFFOLK
i~I' the undersigned, hereby certify that the foregoing loqal law contains the correct text and that all proper proceedings
have been had or taken for the enactment of th~ local l~w annexed hereto.
La.ury L.Dowd, Town Attorney
Title
~ of Sou thold
Town
Date: June 14, 1995
(3)
IN THE MATTER OF
SOUTHOLD TOWN BOARD
JUNE 13, 1995
5:05 P.M.
THE PROPOSED "LOCAL
LAW IN RELATION TO
APPEARANCE TICKETS"
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: We'll move to the next public hearing.
COUNCILWOMAN OLIVA: "Public Notice is hereby given the there has been
presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 30th day of May, 1995, a Local Law entitled, "A Local Law in
Relation to Appearance Tickets". 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, 53095 Main Road, Southold, New York,
on the 13th day of June, 1995, at 5:05 P.M.,at which time all interested
persons will be heard. This proposed "Local Law in Relation to Appearance
Tickets" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 26 (Appearance Tickets) of the Code of the Town of Southold is
hereby amended as follows:
INTENT: The purpose of this local law is to include the position of
Town Investigator for Southold Town in the llst of those
permitted to write appearance tickets.
1. Section 26-2-E (Certain public servants authorized to issue
appearance tickets) is hereby amended to read as follows:
E. Town Investigators, Ordinance Inspectors and Code
Enforcement Officers. Any statute, local law, ordinance, rule
or regulation regarding housing, building, zoning, fire
safety, sanitation, amusement, signs, peddling and any other
areas concerning public order and safety, including but not
limited to all chapters of the Code of the Town of Southold.
II. This Local law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
pg 2 P.H.
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: May 30, 1995. Judith T.
Terry, Southold Town Clerk." I have an affidavit that this was published in
The Suffolk Times, and was posted on the Town Clerk's Bulletin Board. I
believe that there is a fairly lengthy statements by Jody Adams, and I
would appreciate it if, Miss Adams would care to read her statement at this
time.
JODY ADAMS: Before I do that, may I ask you to tell me about what an
Appearance Ticket is? I have a lot to say, but I really don~t know
fundamentally what it is.
COUNCILWOMAN OLIVA: Would our Town Attorney like to give a definition?
TOWN ATTORNEY DOWD: An Appearance Ticket is basically a invitation to a
person to appear in front of the court on a certain date.
JODY ADAMS: An invitation?
TOWN ATTORNEY DOWD:
appear.
It's a strong invitation. It's a request that they
JODY ADAMS: Before our Court?
TOWN ATTORNEY DOWD: The Court here.
JODY ADAMS: Thank you. This is going to seem a little bit confused in
the beginning, and I think hopefully towards the end, it will begin to make
sense. My name, again, is Jody Adams. I lived most of my llfe in this area,
in Peconic specifically. I have gathered as much material as possible in
relation to the new position of Town Investigator, and a much lesser amount
in relation to today's hearing. I'm going to present to you with certain
information, that I consider relevant to both the hearing and the issues
loosely related to it, and the actions of the Town Investigator. That
material includes my application to this Board, and the Town Attorney, to ask
the new appointee to undertake an investigation of Police conduct, and
action, and inaction, especially and specifically in their relation to their
handling of accusations made against me by a former neighbor. Those
accusations continue to circulate, and failing this Board taking action, and
also for slander, quote, perjury, unquote, and other things have to be
undertaken privately, and the Town may once again be a respondent. This
neighbor has filed various reports with your Police Department alleging her
initial amusement, and later certainty that I was undertaking certain
actions, that she found disturbing. This initially was brought to my
attention by finding the entire Police Force of the Town laughing at me,
sometimes giggling. Later I spoke directly to this woman, was directly
accused, and directly denied the accusation. Through a variety of means the
Police were stopped from laughing, and asked to install a surveillance camera
at the residence of this woman. They did not do that. The action taken, and
not taken by the Town Police effected the desirability to do do things when
they don't like someone, and the wide ranging effect their action, and
inaction can have. The same can be said of this in any Town Board. Your
Town Attorney responds to my letter, which was copied for your Board
pg 3 P.H.
members, as follows, we have copies, and I ask that this letter also be made
part of this hearing file. Dear Miss Adams, please be advised that the Town
Investigator has no power to investigate the Police Department, or the Police
Chief. The Town Investigator can only investigator violations of the Town
Code, such as improper dumping of garbage, accumulation of junk, or
violations of the Zoning Code. These are the legal limits of the Town
Investigator powers. Laury Dowd. The Local Law you are considering today
states the following. Town Investigators, Ordinance Inspectors, and Code
Enforcement Officers, any statute, and again, I ask that you note
specifically this word, statute, local law, ordinance, rule or regulation
regarding housing, building, zoning, fire safety, sanitation, amusement,
signs, peddling, and any other areas concerning public order and safety.
Again, I ask that you pay attention to public order, and safety, those two
words, and including but not limited to all chapters of the Code of the Town
of Southold. A statute is a State Law. It is not a Town Law. If the Town
Board wants to approve this Local Law including the word statute, I ask that
they reconsider their attorney's response to me, and their supervision of
this Investigator, and any others that may later be hired. The Police can be
violators of public order, and safety. I believe that this new position, and
any clone which may be develop in the future, may well undertake that
desperately inroad in supervision, and change, regarding allocations in
relation to Southold Town, and other Police Departments. I believe the job
description provably allows for this, that this Local Law under hearing today
affirms my position, rather that of your Town Attorney. Since time was
limited, I, in this format, would llke to emphasize the need for care in
words by stating publicly, as referred to your Board in writing, the Town
seems to have, for many years, violated the Freedom of Information Law, and
wrongly taken money from Town residents, largely because, seemingly, it did
not update the Code Book, as changes developed in Albany, and because
apparently, the word law, L.A.W., to be any law in part of the Town Code,
which should have been amended in 1981 for each statute. This has to do
with the charge of $20.00 for a simple copy of the C.O. Has any of you
looked into that at all? I have written you about this. I spoke to Alice
Hussie briefly about it. You've been overcharging us since 1975 every
purchase of a C.O. I don't think it's insignificant. I don~t think you should
just say, well, you know, we'll look into it some day. Are you going to look
into it?
COUNCILWOMAN OLIVA: Yes.
JODY ADAMS: Thank you. I publicly challenge you to research and
cor'rect these problems. I believe this and every Local Law requires much
more discussion, clarity, and care then it and all others are given. I hope
you will, also, read materials submitted separately on this subject, which
includes three separate supporting opinions by Robert Freeman, who is a
lawyer and head of the committee on local government from New York State.
One of those specifically addresses C.O.'s and cost of copies in another
Long Island Town. Three sitting Board members, including the Supervisor,
approved this violation of the Foil Act, which has taken a great deal of
money from residents, and is continuing to do so, as well as their rights. I
urge again your assistance in undoing the harm this Town, it's Boards, and
it's Police have done to me, and the use of this Town Investigator, or his
clone, or his assistant, who might specialize in problems with the Courts,
and the Police, both being areas in need of radical change. Thank you.
pg q- P.H.
SUPERVISOR WICKHAM: Thank you, Jody. Are there any other comments
that people would like to make on this hearing? (No response.) If not, I
declare the hearing closed.
'Judith T. Terry ~'
Southold Town Clerk
PUBLIC NOTICE IS HEREBY
GIVEN that'there has been presented
to the Town Board of the Town of
Southold, Suffolk Cmmty, New York,
on ~he 30~ day of May, 1995, a Local
Law entitled, "A Local Law in
Rdaflon Io Appearance Tickle".
NOTICE 1S FURTHER OIVEN
that the Town Board (if the Town of
Southold will hold a public hon~
Southold Town Hall, 53095 Main
Road, Southold, New York, on the
~b d~ dJmM, 1~)s, st 5.~ PJL,
This proposed ('Lecnl Lnw In
ReletJou to Appenrance Tiekm"
reads as follows:
BE IT F~IACTED by the Town Board
of the Town of SouthoM m follows:
I. Chapter 26 (Appcarmce T~kete) of
the Code of thc Town of Southold
is hereby amended as follows:
! Section 26-2-E (Certain public
~ervante authorized to i.uc ap-
pearance tickets) is hereby
amended to read as follows:
Enforcement Officers. Any
housing, bailthng, zoning, fire
signs, peddling and any other
areas concermng public order
limited to aH chapters of thc
Code of the Town of
Southold.
upon filing with the Secretary of
State.
*Underline represents additions.
Copie~ of this Local LaW ~e available
in the Office of the Town Clerk to any
Dated: May 30, 1995.
JUDiTH T. TERRY
SOUTHOLD TOWN CLERK
8364-1TJu8
STATE OF NEW YOR~'~
j ~S:
COUNTY OF SUFFOLK )
~~d~~ of Mattituck,
in said County, being duly swor~, ~ays that he/she i~
Prlncipul Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and Skate of New York,
and that the Notice of which the annexed is a
printed copy, has been regularly published in said
each week for ~ weeks
Newspaper
once
succe~sively, commencing on the C~ day of
Notary Public, State of N~ ~
.o.
Qualified in Suffolk CounW ~1 // P~nclp~ ~erk
(~:~m~s~mn Expires Novem~r ~, 1~
~ot~ Public
dayo~ ;~