HomeMy WebLinkAboutLL-1997 #10Local Law Filing
NE~ YORK STATE DEPAR~ENT OF STATE
I62WASHINGTON AVENUE. ALBANY, NY 122.31
[Use this focra to file a local law with the Secretary of State.)
Text o£ law should be ~ven ~s amended. Do no~ include matter being elimi~ted and do not use
i~alic~ or underlining to indicate new matter.
_ KlC~X of Southold
Local Law No ........ 10. ............. oF the year 19-97-_
in Relation to Parking Pleas by Mail
A local law ...............................................
Town
Board
Be it enacted by the of the
~'~' of -.-S--°-~ .t33°!-q' ........................................................... as follows:
Town
I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 92-60 (Penalties for offenses) is hereby amended to
read as follows:
(A) Every person convicted of a traffic infraction for a violation
of any provision of this chapter which is not a violation of any provision
of the Vehicle and Traffic Law of the State of New York shall, for a
first conviction thereof, be punished by a fine of not more that- fifty
dollars ($50.) or by imprisonment for not more than fifteen (15) days,
or by both such fine and imprisonment: for a second such conviction
within eighteen (18) months thereafter, such person shall be punished
9y a fine or not more than one hundred dollars ($100.) or by
mprisonment for not more than forty-five (45) aays, or Dy both ~uch
fine and imprisonment: upon a third or subsequent conviction within
eighteen (18) months after the first conviction, such person shall be
punished by a fine of not more than two hundred fifty dollars ($250.)
or by imprisonment for not more than ninety (90) days, or by both
such fine and imprisonment.
(B) All persons cited on a town parking summons for a
('ffaddltionai sI~a~ is needed, ,ri.ch pag~ the,~m- si:~ ;~s tiffs sheet, and number each.)
~c~:-~ (w,. ,,~n (I)
violation of this chapter, permit parking or parking related violations
shall be subject to a fine of thirty-five dollars ($35.) and shall answer
end/or a~pear on or before the designated re~um date. Persons
failing to appear on or before the designated return date shall be
subject to the following surcharges in addition to the prescribed fines:
(1) For failing to answer and/or appear within three (3)
months of the return date. twenty dollars ($20.).
(2) For failing to answer and/or appear within six (6)
months of the return date, an additional twenty dollars
($20.) in addition to the surcharge imposed in subsection
(1) above_
II. This Local Law shall take effect upon filing with the Secretary of State.
(l-A)
(Complete the cerlfification ia the paragraph that applies ~o the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of&he ~ ~t~'~(,~t~y)(:Town)('P~Ilq0$~) of ~----S-9utholc~ .......................................... .was duly passed by the
.... j_~.w_~__p_p.a__r.~ ........................ on--. ~M.~-Y--.1-3---- 19 _.9_7_, in accordance with the applicable provisions of law.
.(Passage by local legislative body with approval~ no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereb~ certify that the local law armexed hereto, dnsigaated as local taw No ............................ of 19 .....
of the (Coanty)(city)(Town)CV/llage) of ...................................................... was duly passed by the
........................................... on ................ t9 ---, and was (approved)(aot appmved)(repassed after
disapproval) by the ............................................... and was deemed duly adopted on .................. 19---,
in accordance with the applicable provisioms of law.
3..~ina! adoption by referendum.)
I ~tereby certify that the local law annexed hereto, designated as local law No ................................ of 19 ......
of the (County)(City)(Town)(-viilage) of ................................................................ was duly passed by the
................................................... on ................. 19~---, and was (approved)(not approvedXrepassed after
disapproval) by the ................................................ on ................... I9- .... Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a major/ty of
the qualified elec-l, om voting thereon at the (generel)(speciat)(annuat) 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 requeatiag
referendum.)
I hereby certify that the local [aw annexed aereto, designated as local law No .................................... of t9 ......
of the (County)(City)(Town)(¥'illage) of ................................................................. was duty passed by the
................................................... on .................. 19 ..... and was (approved)(not approved)(repassed after
disapproval) h,v The .................................................. on .................. !9 .... Such local law was subject to
perrnissive referendum and no valid petition reqaesnng such referendum was flied as of .................. 19---- , in
accordance with the appiical~te provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county.-
wide basis oE. if there oe none. the chairperson of the county, l~slative body~ the mayor of a city or village, or
the super'visor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(City local law concerning Charter revision proposed by petition,)
[ t~ereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
ot the City of ............................................. having been snbrrdtted to referendum pursuant to the promsio~ of
section (36)07) ot the Municipal Home Rule Law, and having received the atfirmative vote o£ a majority o f the
q~mlified electom of such city voting thereon at the (speciat)(general) election held on .................. 19 .....
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the locai taw annexed, hereto, designated as local law No ................................... of 19~ ....
of thc County of ............................................... State of New York, having been saowat~ed to the electors
at the General Election of November ................. 19----, parsuant 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 qualilied electom of the cit-
ies o'~said connI~y as a unit and a majority of the qualified electozs of ~ towns of said comaty cov. sidered as a unit,
voting at said genemt election, became operative.
any other authorized form of final adoption has been followed, please provide an appropriate certilicatton.)
I ~urther certify, that I have compared the preceding local law with the original on file in this office and *daat tl~e same
is a correct transcript therefrom and of the whole o£ such original local taw, and was ffmally adopted in the manner in-
dicated in parag.mph ..... 2 ...... above.
Cl~k o~ lh~tm¢ Xegishtive ~ody. Cie,.', To~ra or Wnlage C~
or orriS..? d~/mzateri _~v local lc~/stafiv¢ ix>dy
Juo~th T. Terry, l own Clerk
(SeaO Date: May 1lt, 1997
(Certification to be executed by County Attorney, Corporation Counsel. Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
cotrt, rrY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing Ioc~l law contains the correct text and that att proper proceedin~
have been had or taken for the enactment of the local Ia~ a~mexed hereto.
Signature ,~ -- '~"~
Laury L.Dowd, Town Attorney
C~ o£ Southold
Town
Date:. May 14, 1997
A~EXANDER F. TREADWELL
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-000~1
June 4, 1997
JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 10, 1997, filed 05/19/97
The above
indicated.
request°
referenced material was received and filed by this office as
Additional local law filing forms will be forwarded upon
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
~ printed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
MAY 13, 1996
5:10 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO PARKING PLEAS BY
~AIL"
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend,
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
Jr.
SUPERVISOR COCHRAN: The last one is a hearing, a "Local Law in
Relation to Parking Fees by Mail". It is being read by Councilwoman
Hussie.
COUNCILWOMAN HUSSIE: "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 28th day of April, t997, a Local law entitled,
"A Local Law in Relation to Parking Pleas by Mail". 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 May, 1997, at 5:10
P.M., at which time all interested persons will be heard. This proposed
"Lo~al Law in Relation to Parking Pleas by Mail" reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southotd as follows:
I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 92-60 (Penalties for offenses) is hereby amended to
read as follows:
(A) Every person convicted of a traffic infraction for a violation
of any prows~on of this chapter which is not a violation of any provision
of the Vehicle and Traffic Law of the State of New York shall, for a
firs[ conviction thereof, be punished by a fine of not more than fifty
dollars ($50.) or by imprisonment for not more than frAeen ~15) days,
or by both such fine and imprisonment; for a second such conviction
pg 2 - PH
within eighteen (18} months thereafter, such person shalt be punished
by a fine or not more than one hundred dollars ($100.) or by
imprisonment for not more than forty-five (45) days, or by both such
fine and imprisonment; upon a third or subsequent conviction within
eighteen (18) months after the first conviction, such person shall be
punished by a fine of not more than two hundred fifty dollars ($250.)
or by imprisonment for not more than ninety (90) days, or by both
such fine and imprisonment
(B) All persons cited on atown parkind summons for a
violation of this chapter permit parkinq er parkino related violations
shall be subiect to afine of thirty-five dollars ($35.) and shall answer
and/or adoear on or before the'desiqnated return date. Persons
fa nq ~o appear on or before the desiqnated return date shall be
subiect ~o the foiloWin,q surcharqes in addition to the prescribed fines:
(1) For faitinq to answer and/or aDoear within three (3)
months Qf the return date. twenty doflars ($20.}.
(2} For failine to answer and/or a~pear within six (6)
months of the return date. an additional twenty dollars
($20.) in addition to the surcharce imoosed, in subsection
(1} above.
II. This Local Law shall take effect upon filing with the Secretar-y of
State.
* Underline represents additions.
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: April 28, 1997.
Judith T. Terry, Southold Town Clerk." I have affidavits to the swearing
to the publication in The Suffolk Times, and also, that this notice has been
posted on the Town Clerk's Bulletin Board. There is no correspondence.
I would like to bring something to the Board's attention. I had time during
the hearings. While I was listening I was given two things, and I was
reading this, and it perplexed me, because it says, violation of this
chapter, permit parking or vehicle-related violations, and the reason that I
was going up and down here was try to find out what those..I thought
there was some conflict between a moving violation, which we have a $50.00
fine for, and parking violation, which has a $35.00 fine, but then we stuck
in this vehicle related violation phrase. I don~t know if that is a
significant change. I really would like that part of it out, or some
clarification made.
COUNCILMAN MOORE: Laury, wasn't that done to allow the Town Police to
utilize vehicle and traffic while parking issues, and still put them through
the mailing fine process~
pg 3 - PH
TOWN ATTORNEY DOWD: 1 don't believe it, because that was not
acceptable to the Court. We certainly could change that to, for example,
instead of vehicle related, parking related violations, and I think that
would clarify it. That is a very minimal change. I don't think it is a
substitute at all. It still relates to parking.
SUPERVISOR COCHRAN: It should be taken out.
COUNCILWOMAN HUSSIE: Then I have nothing else to say.
SUPERVISOR COCHRAN: Would anyone tike to address the Board?
Something we haven't done in Southold. Many other towns do it. You are
allowed to pay your parking fees by mail. So, this is allowing us to begin
~ go in that direction. So, you get a parking ticket you can just mall it
in We would like your negative, against or support, if you have any
c~ments for the Board. (No response,) On a Friday morning, hopefully
it will save some the upheaval that goes on here with the many, many
people ~that come in to pay their parking tickets. I think it is going to be
easier l~or both our resider~ts, and ~ur visitors to the community, if they
are tieketed, and for the system itself, through the judges and courts.
Hearing no comments I will close the hearing. Thank you.
Southold Town Clerk
ii · Pb~LIC NOTICE I$ H~REB¥ ¢lc~rela~'~]~t ohs sh~li hc sub~
[el~l~l da[c
STATE OF N~W~YoRK}
] SS:
__TY OF Sb~OLK} .
~:~'"~: ~,?'' of Mattituck. in
said County, being duly sworn, says that he/she
is Principal Clerk of THE SUFFOLK TIMES, a
Weekly Newspaper, published at Mattituck. in
the Town of Southold, County of Suffolk and
State of New York. and that the Notice of which
the annexed is a printed copy. has been regular-
ly published in said Newspaper once each week
for ~ weeks successively, commencing on
Principal Clerk
~ I/I ~ 01' I0' f'lnh' I~:If~ OIIk [JUll~gd
~. days, .or ~ b~th-s~h fine
Sworn to before me this
~0. 52~55242, SUFFOLK