HomeMy WebLinkAboutLL-2000 #18Local Law Filine
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET~ ALBANY, NY 12231
(Use this form to i'de 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 of
SOUTHOLD
LOCAL LAW NO. 18 OF 2000
A LOCAL LAW AMENDING THE CODE OF THE TOWN OF SOUTHOLD, CHAPTER 86, ARTICLE IIN
REFERENCE TO RESTRICTING TOBACCO ADVERTISING.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
ARTICLE I
TOBACCO ADVERTISING
§86-1. Legislative Intent and Findings
The Town Board and the staff of the Town of Southold reviewed land use studies of the location of tobacco
advertising in proximity to schools, parks and child day care centers. In addition, the Town has examined the
actions and codes of other municipalities including the City o£New York and the City of Long Beach.
The Town Board of the Town of Southold finds that restricting the exposure of minors to advertising regarding
tobacco and tobacco products is constitutional when achieved through reasonable targeted limitations on such
advertising in the vicinity of schools and other locations where it is well established that children tend to
congregate. It is the intentions of the Town Board to enhance and augment compliance with and enforcement of
federal, state local laws prohibiting the sale or distributiOn of tobacco products to minors, andto protect such
minors against such illegal sales.
The Center for Disease Control and Prevention has reported that while the rate of adult smoking of tobacco
products has decreased nationwide by fifty percent (50%) between 1971 and 1993, the rate of smoking among
all high school students has increased by twenty-six percent (26%) during the years 1991 and 1996, and now
stands at the highest rate since 1981. It is further noted that this dramatic increase has occurred contrary to and
at variance with the laws of all fifty states prohibiting sale and distribution of tobacco products to minors, and
the pledge of all tobacco product manufacturers to adhere to a voluntary industry code prohibiting advertising of
such products in a manner appealing to minors.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. 11/99) (1)
In 1991, a study of the Journal of the American Medical Association concluded that, "...cigarette advertising
encourages youth to smoke and should be banned." In 1994, a report of the National Institute of Medicine stated
that, "...the substantial convergent evidence that advertising and promotion, increase tobacco use by youth is
impressive and ...provided a strong basis for legal regulation." In 1995, a report of the federal Center for
Disease Control and Prevention found that, "..tcigarette marketing practices appeared to be the most likely
account for [the] increase in teen smoking initiation rates."
In 1997, Liggett & Myers, Inc., a cigarette manufacturer, made the following acknowledgement in executing a
Attorney Generals of 17 states, including the'State of New York, "...Liggett
tobacco industry markets to 'youth', which means those under 8 years of age...
the evidence that tobacco products are advertised and promoted to minors,
and of tobacco products by minors has drastically increased :contrary to legislation
prohibiting the sale or distribution of such products to minors, the Town Board of the Town of Southold hereby
finds and declares it to be in the best interests of minors residing and/or Otherwise present within the Town to
enact affirmative, reasonable and constitutionally permissible restrictions on the advertising of tobacco
products.
By enacting this legislation, it is the intent of the Town Board to promote compliance with an enforcement of
federal, state and local laws prohibiting sale or distribution of tobacco products to minors, and therefore, in
deference to the protections afforded by the First Amendment to the Constitution of the United States, this
legislation has been narrowly drafted to place reasonable time, place and manner restrictions on such
advertising in those locations where it is well established that minor tend to congregate, while not imposing
restrictions on such advertising clearly directed to adults.
§86-2. Definitions and work usage
Definitions. For the purposes of this section, the following terms shall have the meanings
indicated herein, unless specifically indicated otherwise:
CHII.D CARE CENTER -Includes the following:
(1) Any child care arrangement, public, private or parochial child care center, school-age
child care program, day nursery school, kindergarten, play school or other similar school or
service operating pursuant to authorization, license or permit of New York State.
(2) Any facility that provides child care services as defined in §410-p of the Hew York State
Social Services Law, or
(3) Any child day care center as defined in {}390 of the New York State Social Services Law.
Said definition shall apply whether or not care is given for compensation, but shall not include
child day care centers located in private dwellings and multiple dwelling units.
CIGARETTE -includes the following:
(1) Any roll of tobacco wrapped in paper or any other substance not
containing tobacco, or
lA
Bo
(2)
Any roll o t-.tObacco wrapped in any substance contm~)mg tobacco which, because of its
appearance, the type of tobacco contained therein, or its packaging and labeling is offered
for use or purchase as cigarette as described in subdi,vSsion (1) herein.
DWELLING -Includes the following:
(1)
Multiple Dwelling - Means any building or group of buildings designed for or occupied
exclusively by 'three or more families living independently of each other;
(2)
Multiple Dwelling Unit -Means any separated, independent unit of residential
accommodation in a multiple dwelling;
(3)
Private Dwelling -Means any building or structure or portion thereof that my lawfully be
occupied for residential purposes by not more than two families, including the grounds of
such building or structure.
PARK- Includes active and passive public lands designated for park purposes by the Town of
Southold, County of Suffolk, State of New York, United States of America or any other
subdivision of government.
PERSON -Means any natural person, partnership, co-partnership, firm, company, corporation,
limited liability corporation, association, joint stock association or other legal entity.
SCHOOL -Includes buildings, structures, premises or places, together with the grounds thereof,
which are used primarily for public or private educational facilities at or below the twelfth grade
level, as recognized and defined by the New York State Department of EdUcation, including but
not limited to preschool; kindergartens; nursery, elementary, primary, intermediate, junior high,
middle, secondary, high, vocational and special.
TOBACCO- Includes the following:
(1)
Cigarette Tobacco -Means loose tobacco intended for use in what is commonly
advertised as a cigarette;
(2)
Smokeless Tobacco -includes any cut, ground, powdered, or leaf
tobacco that is intended to be placed in a person's oral cavity;
(3)
Tobacco Product -includes a cigarette, smokeless tobacco or
cigarette tobacco.
TOBACCO PRODUCT ADVERTISEMENT -Includes any written word, picture, logo, symbol,
motto, selling message, poster, placard, sign, photograph, device, graphic display or visual image
of any kind, recognizable color or pattern of colors, or any others indicia of product
identification identical or similar to, or identifiable with, those used for any brand of tobacco
product, or any combination thereof, the purpose or effect of which is to promote the use, sale or
distribution of a tobacco product through such means as, but not limited to, the identification of a
brand of tobacco product, a trademark of a tobacco product or a trade name associated
exclusively with a tobacco product.
Word Usage. Words used in the singular in this section shall include the plural and vice versa.
The word shall is always mandatory.
lB
§86-3.
§86-4.
§86-5.
{}86-6.
{}86-7.
{}86-8.
Restrictions. ~
It shall be unlawful for any person to place, cause to be placed, maintain or cause to be maintained, a
tobacco product advertisement in the following manner:
In an5' outdoor area within one thousand feet (1000'), in any direction, or any child day care
center, park or school.
In the interior or a building or structure which is within one thousand feet (1,000'), in any
direction, of any child day care center, park or school when such advertisement is within five feet
(5') of any exterior window or any door which is used for entry or egress to the building or
structure by the pUblic; except that such advertisements may be placed or maintained in the
interior of any Such premises where it is parallel to said windows or entry ways and face inward,
or affixed to a wall panel or similar fixture that is perpendicular to said windows or entry ways:
Exceptions.
Nothing in this section shall prevent a tobacco product manufacturer, distributor or retailer form
placing, causing to be placed, maintaining or causing to be maintained, its corporate or other
business name on such a building or structure, in any location, where such building or structure
or a portion thereof is owned, operated or leased by them as their principal place of business:
provided, however, that said corporate or other business name is properly registered or filed in
the United States and/or they are duly authorized to do business in any state, and said corporate
of business name does not include any tobacco product advertisement as defined in this section.
Nothing contained in this sub-section shall be construed to authorize the placement of any sign,
advertising device or tobacco product advertisement in any location where such placement is
otherwise prohibited by the Code of the Town of Southold or other applicable law.
Compliance.
The owner, operator and/or lessee of any location or premises where tobacco product advertisement is
prohibited or restricted pursuant to the requirements of this section shall have thirty (30) days from the
effective date of this local law to remove any non- compliant tobacco product advertisements.
Injunctions.
In addition to any other remedy provided by law, the Town may bring an injunction proceeding to
enforce this article.
Severability.
In any clause, sentence, paragraph, subdivision, section or other part of this Local Law shall for any
reason be adjudged by any court of competent .jurisdiction to be unconstitutional or otherwise invalid,
such judgment shall not affect, impair, or invalidate the remainder of this Local Law, and it shall be
construed to have been the legislative intent to enact this Local Law without such unconstitutional or
invalid parts therein.
Effective Date.
This Local Law shall take effect immediately upon filing in the Office of the Secretary of the State of
New York.
lC
(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 law No. 18 of 20 00 . of the
tr, ..... .~rr~:,-.~rT .... ~ ~ of SOUTHOLD was duly passed by the
TOWN BOARD on SEPTE1VEBER 12, 20 00 , in accordance with the applicable provisions 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 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20 ,
in accordance with the apphcable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendmn, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20, 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 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20__; and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , 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 body, the mayor of a city or village, or the supervisor of
a tom where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (CID' local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law NO. of 20
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 20. ,
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 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 ofthe
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 a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
any other authorized form of f'mal 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 original local law, and was finally adopted in the manner indicated
in paragraph ! , above.
'Clerk of t~C-ounty leg~sl~'~Te body.-----q~ty. Tow~ 9illage Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(SeaO Date: q',O 7-D
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Vffiage Attorney or
other authorized 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 annexed hereto.
sq., Assistant Town Attorney
Gregory. F. Yakaboski~ Esq., Town Attorney ..
Title
Town of
Date:
(3)
SOUTHOLD
STATE OF N i:'W YORK
DE:PARTMfNT OF STATE:
4 I STATE STREET
ALBANY, NY 122.3 I -OOO I
RECEIVED
OCT 2 3
Southoid To~vn C~erk
ALEXANDER F. TREADWELL
SECRETARY OF STATE
October 16, 2000
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 18, 2000, filed 10/02/2000
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Uoseph P. Brozowski
State Records & Law Bureau
(518) 474-2755
WWW. DOS .STATE. NY. US · E-MAI L: INFO@DOS.STATE. NY. US
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOI~MATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2000
CERTIFIED MAIL
RETURN RECEIPT -REQUESTED
New York State Department of State
State' Records and Law Bureau
41 State Street
Albany, New York 12231
Re: Local Law Numbers 16 through 19 of 2000
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home
Rule Law, I am enclosing herewith certified copies of Local Law Numbers
16 through 19 of 2000 of the Town of Southold suitable for filing in your
office.
I would appreciate if you would send me a receipt indicating the
filing of the enclosures in your office. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures
cc: Town Attorney
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York
being duly sworn, says that on the 1st day of September 20§0
She affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town of
Southoid, Suffolk County, New York, to wit: Town Clerk's Bulletin
Board, Southoid Town Hall, 53095 Main Road, Southold, New York.
Legal Notice of Public Hearing on Local Law Re: Restricting Tobacco~
Advertising. 8:07 P.M., Tuesday; September 12, 2000 Public Hearing
~,t'izabeth A. Ndviile
Southold Town Clerk
Sworn to before me this
1st day of September, 200~.
/ C/Notary Public
PUBLIC HEARING
SEPTEMBER 12, 2000
8:07 P.M.
ON A PROPOSED "LOCAL
Present:
LAW IN RELATION RESTRICTING TOBACCO ADVERTISING".
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: We have a hearing on a "Local Law in Relation to Restricting Tobacco
Advertising". It will be read by Councilmafi Romanelli.
COUNCILMAN ROMANELLI: "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 15th day of August, 2000, a
Local Law entitled, "A Local Law in Relation to Chapter 86, "A Local Law in Relation to Restricting
Tobacco Advertising" of the Code of the Town of Southold. 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, and hereby sets 8:07 P.M., Tuesday, September 12, 2000
as the time and place for a public heating on this Local Law, which reads as follows:
§86-1.
ARTICLE I
TOBACCO ADVERTISING
Legislative Intent and Findings
The Town Board and the staff of the Town of Southold reviewed land .usb'studies
of the location of tobacco adVertising in prOximity to schools, parks and Child day
care .centers. In addition, the Town has examined the actions and 'cOdes'of-other
municipalities including the City of New York and the City of Long Beach.
The Town Board of the Town of Southold finds that restricting the exposure of
minors to advertising regarding tobacco and tobacco products is constitutional
when achieved through reasonable targeted limitations on Such advertising in the
vicinity of schools and other locations where it is well established that children tend
to congregate. It is the intentions of the Town Board to enhance and augment
compliance with and enforcement of federal, state local laws prohibiting the sale Or
distribution of tobacco products to minors, and to protect such minors against such
illegal sales.
§86-2.
The Center for Disease Control and Prevention has reported that while the rate of
adult smoking of tobacco products has decreased nationwide by fifty percent
(50%) between 1971 and 1993, the rate of smoking among all high school
students has increased by twenty-six percent (26%)during the yea.rs 1991 and
1996 at the highest -rate since 1981. It is further noted that this
ry to and at variance with the laws of all.fifty
tobacco
~ code
prohibiting advertising of such product., minors.
that,
in 1994, the National Institute of
substantial convergent evidence that advertising
use by youth is impressive and...provided a :strong
1995, a report of the federal Center for
"...cigarette marketing practices appeared to be the
increase in teen smoking initiation rates."
.~d
~oUld be banned."
"...the
tobacco
In
that,
account for [the]
In 1997,
of.17
tobacco
Inc., a cigarette manufacturer,-made the following
executing a settlement agreement with the Attorney Generals
the State of New York, "...Liggett acknowledges that the
markets to 'youth', which means those under 18 years of age..."
Based upon
advertised an
by minors ha',
distribution
hereby
otherwise' present within the Town to enact affirmative, reasonable
constitutionally permissible restrictions on the advertising of tobacco products.
the .preponderance of the evidence that tobacco products are
promoted to minors, and that the rate of use of tobacco products
/ increased contrary to legislation prohibiting: the sale or
such products to minors, the Town Board of the Town of Southold
declares it to be in the best interests of minors residing and/or
and
By enacting this legislation, 'it is the intent of the Town Board to prOmote
compliance with an enforcement of federal, state and local laws prohibiting sale or
distribution
protections
States, this
and mann
established
advertising ch
products to minors, and therefore, in deference to the
~e First Amendment to the Constitution of the United
slation has been narrowly drafted to place reasonable time, place
rictions on such advertising in those locations, where it is well
d to. congregate, while not imPOsing-restrictions on such
directed to adults.
Definitions and work usage
A. Definitions. For the purposes of this section, the following terms shall have the
meanings indicated herein, unless specifically indicated otherwise:
CHILD CARE CENTER - Includes the following:
(!) Any child care arrangement, public, private or parochial child care
center, school-age child care program, day nursery school,
kindergarten, play school or other similar school or service operating
pursuant to authorization~ liCense or permit of New York State.
(2) Any facility that provides child care services as defined in §410.p of the
'New York State Social Services LaW, or
(3)Any child day care center as defined in §390 of the New York State
Social Services Law.
Said definition shall apply whether or not care is given for compensation, but
shall not include child day care centers located in pdvate dwellings and multiple
dwelling units.
CIGARETT. E - Includes the following:
(1) Any roll of tobacco wrapped in paper or any other substance not
containing tobacco, or
(2) Any roll of tobacco wrapped in any substance containing tobacco which,
because of its appearance, the type of tobacco contained therein, or its
packaging and labeling is offered for use or purchase as cigarette as
described in subdivision (1) herein.
DWELLING - Includes the following:
(1) Multiple Dwelling - Means any building or group of buildings designed
for or occupied exclusively by three or more families living independently
of each other;
(2) Multiple Dwelling Unit - Means any separated, independent unit of
residential accommodation in a multiple dwelling;
(3) Private Dwelling - Means any building or structure or portion thereof that
my lawfully be occupied for residential purposes by not more than two
families, including the grounds of such building or structure.
PARK- Includes active and passive public lands designated for park purposes
by. the Town of SoUthold, County of Suffolk, State of New York, United States of
America or any other subdivision of government.
PERSON - Means any natural person, partnership, co-partnership, firm,
company, corporation, limited liability corporation, association, joint stock
association or other legal entity.
SCHOOL - Includes buildings, structures, premises or places, together with the
grounds thereof, which are used primarily for public or private educational
§86-3.
facilities at or below the twelfth grade level, as recognized and defined by the
New York State Department of Education, including but not limited to preschool;
kindergartens; nursery, elementary, primary, intermediate, junior high, middle,
secondary, high, vocational and special.
TOBACCO - Includes the following:
(1) Cigarette Tobacco - Means loose'tobacco intended for use in 'what is
commonly advertised as a cigarette;
(2) Smokeless Tobacco - Includes any cut, ground, powdered, or leaf
tobacco that is intended to be placed in a person's oral cavity;
(3) Tobacco Product- Includes a cigarette, smokeless tobacco or
cigarette tobacco.
TOBACCO PRODUCT ADVERTISEMENT - Includes any wdtten word, picture,
logo, symbol, motto, selling message, poster, placard, sign, photograph, device,
graphic display or visual image of any-kind, recognizable color or pattern of
colorS, or any otherS indicia of product identification identical or similar to, or
identifiable with, those used for any brand of tobacco product, or any
combination thereof, the purpose or effect of which is to promote the use, sale
or distribution of a tobacco product through such means as, but not limited to,
the identification of a brand of: tobacco product, a trademark of a tobacco
product or a trade name associated exClusively with a tobacco product.
B. Word Usage. Words used in the singular in this section shall
plural and viCe versa. The word shall is always mandatory.
include the
Restrictions.
It shall be unlawful for any perSon to place, cause to be placed, maintain or cause
to be maintained, a tobacco product advertisement in the following manner:
A. In any outdoor area within one thousand feet (1000'), in any
direction, or any child day care center, park or school.
In the interior or a building or structure which is Within one
thousand feet (1,000'), in any direction, of any Child. day care center, park or
school when such advertisement is within five feet (5') of any exterior window
or any door which is used for entry or egress to the building or structure bYthe
public; except that'such advertisements may be placed or maintained in.the
intedor of any such premises where it is parallel to said windows or entry ways
and face inward, or affixed to a wall panel or similar fixture that is perpendicular
to said windows or entry ways.
§86-4. Exceptions.
5
Nothing in this section shall prevent a tobacco product manufacturer, distributor or
retailer form placing, causing to be placed, maintaining or causing to be maintained, its
corporate or other business name on such a building or structure, in any location,
where such building or structure or a portion thereof is owned, operated or leased by
them-as their principal place of business; provided, however, that said corporate or
registered or filed in the United States and/or '[hey are
duly any state, and sai, of business name does
not include any tobacco product advertisement as ~ in this section,
any sign
such
applicable law.
~is sub-section shall be construed to authorize the placement of
,ice or tobacco product advertisement in. any location where
f the Code of the Town of Southold or other
§86-5.
Compliance.
The owner, operator and/or lessee of any location or premises where tobacco
product advertisement is prohibited or restricted pursuant to the requirements of
this section shall have thirty (30) days from the effective date of this local law to
remove any non-compliant tobacco product advertisements.
§86-6.
Injunctions.
In addition to any other remedy provided by law, the Town may bring an injunction
proceeding to enforce this article.
§86-7.
Severability.
In any clause, .sentence, paragraph, subdivision, section or other part of this Local~
Law shall for any reason be adjudged by any court of competent jurisdiction to be
unconstitutional or otherwise invalid, such judgment shall not affect, impair, or
invalidate the remainder of this Local Law, and it shall be construed to have been
the legislative intent to enact this Local Law without such unconstitutional' or invalid
parts therein.
§86-8. Effective Date.
This Local Law shall take effect immediately upon filing in the Office of the Secretary of the
State of. New York.
Copies of this Local Law are available in the Office of the Town Clerk to any interested persons
during business hours. By order of the Southold Town Board of the Town of Southold, Southold,
New York. Dated: September 4, 2000. Elizabeth A. Neville, Southold Town Clerk." There is a
correspondence in here. No comment on that. We have affidavits that it has been posted on the
Bulletin Board, also that it has published in the local papers, legal notice was published, and it
looks like one correspondence, actually twO corresPOndences. They appear to be from the same
person.
SUPERVISOR COCHRAN: Thank you, John. You have heard the public notice read by
Councilman Romanelli on a Local Law Restricting Tobacco Advertising near our schools, our
parks, and child care, where young people would congregate. Is there anyone that would like to
address the Town Board either pro or con in relation to restricting tobacco advertising? Would
anyone like to address the Town Board pro or con? (No response.) If not, I will close the
hearing.
Southold Town Clerk
NOTICE "OF
i. :...... ~..'::'PUBIAC HEARING . '-
'::'"~::. "' ::.':.~:' ON':~£Oc,~L ,'".Aw
-:." .:!::~: p~u'B:LIC.'..NOglCE '.~iS'. HEREBY
GIVEN!that therfi .h~is'been.present-
¥Tt~y.!se~."-(~.i:E l~L~ueSd aY~ September
i.2~"2000 ;'as~ th:il, ti~e"hRd ~l.~ce. for a
.p~blic}.he~iOg:~t)~hich'time: ail inter,
~egt~d'pem0'ns.'Wffi'be heard. · ."..
~e' ~r~po~ed: "L°chl "' LaW' i~
Relation to Restricting Tobacco
~'dverfising~ cha~er l~.of'the: c°d~
o~ the Town '6f::.Sou'thold'~ :.which
i~cludes the following:
LOCAL LAW .NO.
' "~:. :OF.2~ ~
A Local Law M Relation to Re-
stricting Tobacco Advertising in areas
in proximity, tO where minom tend to
~bh'~eg~e;.~nc}~ding."but no~ limited
t~ dhild~' e-ai'e': Cent~r.'.':".pafks and
schOOls. It'is the i~tenti0n 6f ~e TOwn
B0ard.t0 :enhan~e-~d augment c0m-
pli~ce With ~d'~fifarce~eht:6f fed-
:,.ed to';the..To~n :B0ard of. the Town of
.... $OU~6f~'i S.61fffik'i~SUnt~;.:N~W 'Yo~k
"::.. :~h.:.t~e~.~8ffi.~:~.:idf.Jui~,'.2~:a ~ml erai state, ~d lveal laws pro~bit~g
La~":,-'eafitld3{'~."'A;:'SEo6~i:'~tLaW':' ia the:.sa'le or.:~'disffibution of'.tobac~o
.. ~l~fi0n.'t::t6';: "R~s~fic~iflg". 'Tobacco pr~uets.'to minors and to 'protect
· :.Adve~tising;;.Ch~pter I~.of.the Code min0rs~.agains~ ~uch illegal.sales.
"of thdT6~'3f;Sou~h~ld i. :."' · ~" ~'. '.'.":BY' o~ER''~F ~HE TO~
· ':"::'.: ,.~OTICE;rlg,:FU~THER: 'GIVEN: ':": ':BbARD .~.'~6F '';' THE`.: TOWN. 6F
'..:.':~hai;"~&,TO~'..B6ard:.'0['ih~: T0TM ..6f...:-, '-SO~HO~D;:NEW yORK.".", :: '
',xs0dth0ia:.~ffi:.h01u...a:}.pnbfici::heafing. sEpTE~ER:.:I:,,2~. · ." ':..'
'~-~,he ~.~fores~d. 'L~l::..La~ at :the '~,...-'.::,,'..'~[IZAaEm. A..NEVILLE
":h6ld:"T~wn :'Hi[1~"..5~95 Uai~ .... .gO~D'To~'cLERK'
'~o~(~6id': N~'~r~:~'~hd. h0~e-' r532;/gS~.: '
STATE OF NEWYORK)
)SS:
COUNTY OF SUFFOLIO ,
L~ ~Y'~ ~, 0,_J ~'[ i,3 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 NewYork, and that the
Notice of which the annexed is a printed copy, has
been regularly publi,shed in said Newspaper once
each week for~, weeks successively,
on the --( ~¼ day
commencing
of
!
Sworn to before~is
day of .
CHRISTINA T. WEBER
Nora3 Public, State of New
No. 01WE60~554
20 0(3
(~JPrincipal Clerk-
20 Oo