Loading...
HomeMy WebLinkAbout2006 Code Supplement - 12/01/2006GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 2 The enclosed new and/or replacement pages should be placed in your Code volume immedi- ately! The dateline, on the bottom of the'page, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. This instruction page should be placed in the front of your Code volume. REMOVE INSERT Certification Page Certification Page 17:21-17:22 17:21-17:22 100:3 —100:4 100:3 — 100:5 135:1— 135:2 135:1— 135:2 144:11 144:11 228:7 — 228:8 228:7 — 228:8 233:9 — 233:10 233:9 — 233:10 264:5 — 264:6 264:5 — 264:6 DL: 1— DL:2 DL:1 — DL:2 Index Pages 3 — 4 Index Pages 3 — 4 Index Pages 15 —16 Index Pages 15 —16 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 14-2006; 15- 2006. 12-01-2006 CERTIFICATION TOWN OF SOUTHOLD Office of the Town Clerk I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, hereby certify that the chapters contained in this volume are based upon the original local laws, ordinances and resolu- tions of the Town Board of the Town of Southold and that said local laws, ordinances and resolu- tions, as revised and codified, renumbered as to sections and rearranged into chapters, constitute the Code of the Town of Southold, County of Suffolk, State of New York, as adopted by local law of the Town Board on September 11, 1973, and as renumbered and readopted by local law of the Town Board on July 16, 2006. Given under my hand and the Seal of the Town of Southold, County of Suffolk, State of New York, this day of , at Southold, New York. s/ELIZABETH A. NEVILLE Town Clerk 12-01-2006 § 17-37 COMMUNITY PRESERVATION FUND § 17-39 § 17-37. Confidentiality of transfer tax returns. A. Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for any officer or employee of the County or Town, or any person engaged or retained on an independent contract basis, to divulge or make known in any manner the particulars set forth or disclosed in any return required under this article. However, nothing in this section shall prohibit the Recording Officer from making a notation on an instrument effecting a conveyance indicating the amount of tax paid. No recorded instrument effecting a conveyance shall be considered a return for the purposes of this section. B. The officers charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding in any court, except on behalf of the Town in any action or proceeding involving the collection of a tax due under this article to which the County or Town or an officer or employee of the County or Town is a party or a claimant, or on behalf of any party to any action or proceeding under the provisions of this article when the returns or facts shown thereby are directly involved in such action or proceeding; in any of which events the court may require the production of and may admit in evidence so much of said returns or of the facts shown thereby as are pertinent to the action or proceeding and no more. C. Nothing herein shall be construed to prohibit the delivery to a grantor or grantee of an instrument effecting a conveyance, or to the duly authorized representative of such grantor or grantee, of a certified copy of any return filed in connection with such instrument or to prohibit the publication of statistics so classified as to prevent the identification of particular returns or the items thereof or to prohibit the inspection by the legal representatives of the County or Town of the return of any taxpayer who shall bring action to set aside or review the tax based thereon. D. Any officer or employee of the Town who willfully violates the provisions of this section shall be dismissed from office and be incapable of holding any public office in the state for a period of five years thereafter. § 17-38. Intergovernmental agreement authority. The Town Board shall be authorized to, by resolution, enter into any intergovernmental agreement necessary with the County of Suffolk or any successor County for the effective and efficient administration and enforcement of this article. § 17-39. Severability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. 17:21 12-01-2006 § 17-40 SOUTHOLD CODE § 17-40 § 17-40. Effective date; referendum requirement. [Amended 8-27-2002 by L.L. No. 8-20022 ; 9-5-2006 by L.L. No. 14-20063 ] This article is subject to a mandatory referendum as set forth in § 1449 -bb of `Article 31-D of the Tax Law. This article shall take effect on March 1, 1999, after approval at the general election to be held on November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this article shall expire and be deemed repealed as to any conveyance taking place after December 31, 2030. 2. Editor's Note: This local law was subject to a mandatory referendum and was approved by a majority of the qualified electors at the general election held 11-5-2002. 3. Editor's Note: This local law was subject to a mandatory referendum and was approved by a majority of the qualified electors at the general election held 11-7-2006. 17:22 12-01-2006 § 100-6 BUILDINGS, UNSAFE § 100-8 granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. E. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be held before the Southold Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in § 100-5 hereof. F. A statement that, in the event that the Town Board, after the hearing specified in § 100-6E hereof, shall determine that the premises, building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises, the Town Board may order the premises rehabilitated and made safe. G. A statement that, in the event that the premises, building or structure shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town 'may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. § 100-7. Filing a copy of notice. [Amended 3-26-1991 by L.L. No. 5-1991] A copy of the notice referred to in § 100-6 hereof may be filed with the County Clerk of the county within which such premises, building. or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order. § 100-8. Emergency measures to vacate. [Amended 3-26-1991 by L.L. No. 5-19911 If the Building Inspector determines in his inspection of any premises, building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has been prohibited by the Building 100:3 12-01-2006 § 100-8 SOUTHOLD CODE § 100-11 Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof. § 100-9. Costs and expenses. [Amended 3-26-1991 by L.L. No. 5-1991] All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. § 100-10. Penalties for offenses. [Amended 11-21-2006 by L.L. No. 15-2006] A. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of a violation punishable by a fine not to exceed $5,000 or by. imprisonment for a ,term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. B. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief. C. Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required-, and any violation charged herein shall be one of strict liability. . § 100-11. Severability. The invalidity of any section, subsection or provision of this chapter shall not invalidate any other section, subsection or provision thereof. 100:4 12-01-2006 § 100-12 BUILDINGS, UNSAFE § 100-12 § 100-12. When effective. This chapter shall take effect immediately. 100:5 12-01-2006 Chapter 135 FARM STANDS § 135-1. Legislative intent. § 135-2. Permit required. § 135-3. Standards for issuance of permit. § 135-4. Fee for permit. § 135-5. Nonconforming farm stands. § 135-6. Penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Southold 5-13-1997 by L.L. No. 9-1997. Amendments noted where applicable.] § 135-1. Legislative intent. Farm stands are an important part of the Town's agricultural character. Regulation is necessary to ensure that farm stands remain an adjunct to agricultural uses and do not become significant commercial operations in rural and residential areas. § 135-2. Permit required. It shall be unlawful for any person to erect, place or sell from a farm stand or stands in excess of a total of 20 square feet in area unless the structure has been issued a farm stand permit -by the Building Department. A farm stand is defined in Chapter 280, Zoning, of this Code. § 135-3. Standards for issuance of permit. No farm stand permit shall be issued unless the structure and operation meet the following. requirements. All farm stand permits shall be subject to revocation if the farm stand fails to operate in compliance with the standards set forth below. A. No farm stand may be in excess of 1,000 square feet in floor area. Farm stands in excess of 1,000 square feet are permitted only with site plan approval from the Planning Board and with special exception approval from the Zoning Board of Appeals and in accordance with Chapter 280 Articles XXIV and XXV of the Southold Town Code. B. The farm stand must be located on a lot containing at least five tillable acres of land (excluding any house or agricultural buildings) owned or leased by the owner of the farm stand. Alternatively, the farm stand may be located on a lot at least two acres in size (excluding any house or agricultural buildings) if the farm stand owner can establish ownership or lease of at least five tillable acres of land in the Town of Southold. C. The farm stand shall sell only produce, plant stock or products cooked, pressed or dried from produce grown on farming operations within the five East End towns. At least 80% of the produce, plant stock or products must come from the owner's or tenant farmer's own farming operations. A farm stand shall not sell manufactured products. 135:1 12-01-2006 § 135-3 SOUTHOLD CODE § 135-6 D. A farm stand may be operated with an accessory greenhouse, so long as the combined area of both structures does not exceed 1,000 square feet. All greenhouse operations are subject to the restrictions listed herein. E. The topsoil which lies under the farm stand or accessory greenhouse must be retained permanently on the site. F. The farm stand and greenhouse shall be set back a minimum of 50 feet from the adjoining public road, in order to allow cars to maneuver on the farm stand site without creating traffic safety problems on the road. G. The site shall provide one parking space. for every 100 square feet of stand and greenhouse area, in a location approved by the Planning Board. § 135-4. Fee for permit. The fee for a farm stand permit shall be in an amount set by the Town Board by resolution, as amended from time to time. § 135-5. Nonconforming farm stands. A farm stand existing on the date of adoption of this law which does not conform to the provisions of this chapter shall be deemed to be a nonconforming building and shall be subject to the provisions within this Code for nonconforming buildings. § 135-6. Penalties for offenses. [Amended 11-21-2006 by L.L. No. 15-2006] Any violation of this chapter shall be grounds for revocation of the farm stand permit. Furthermore, any violator of this chapter shall, upon conviction, be guilty of an offense punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction -within eighteen 18 months thereafter, such person shall be guilty of an offense punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. 135:2 12-01-2006 § 144-19 FIRE PREVENTION AND BUILDING CONSTRUCTION § 144-21 § 144-19. Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. § 144-20. Compliance required; penalties for offenses. [Amended 11-21-2006 by L.L. No. 15-2006] A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. B. For each offense against any provisions of the Uniform Code, Energy Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any'other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $10,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. § 144-21. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section. 144:11 12-01-2006 § 228-8 SOIL REMOVAL § 228-9 § 228-8. Issuance and renewal of permits. Permits may be issued or renewed by the Town Clerk at the direction of the Town Board upon compliance by the applicant with this chapter. Permits may be issued for a period not exceeding one year and may be renewed for successive periods of one year, provided that the regulations prescribed herein have been complied with and upon furnishing the information required by § 228-6 insofar as applicable to the renewal period, and upon payment of any additional fee required by this chapter and upon furnishing such additional bond or security in an amount approved by the Town Board as sufficient to ensure compliance with these regulations during the renewal period, including performance of the approved plan of rehabilitation on the areas covered by the renewal permit. § 228-9. Bond or cash deposit. A. Before the issuance of a permit, the applicant and the owner of record of the premises shall execute and file with the Town Clerk a surety bond in the amount required by the Town Board, conditioned upon the faithful and punctual performance of the work required to be performed by the approved plan of rehabilitation on the area covered by the permit, and conditioned upon compliance with the other regulations contained in this chapter, and to indemnify the Town of Southold and/or the Superintendent of Highways for any damage to Town property and for the cost of taking over such performance in case of default. In case of any default or failure to perform the work required to be performed and to furnish the materials required to be furnished by said approved plan of rehabilitation at or before the times specified in the schedule of progress approved in connection therewith, or to do any of the other things required to be performed by this chapter, such bond shall be forfeited upon written notice of such default or failure being mailed by certified mail to the permittee at the address stated in the application and upon failure by the permittee to cure such default within 60 days after the mailing of such notice. The sixty-day notice of such default or failure of performance may be given at any time after such default or failure of performance, and no default or failure of performance shall be deemed waived or excused by any delay or failure to mail notice thereof or by any subsequent renewal of a permit under this chapter. [Amended 8-26-1976 by L.L. No. 3-1976] B. Said bond shall remain in full force and effect until released or until the original amount thereof is reduced by the Town Board upon issuance of a certificate of completion or of partial completion by the Town Board, certifying that all provisions of this chapter and conditions of the permit have been fully complied with. Application for such certificate shall be made by the permittee, owner, lessee or his agent to the Town Clerk and shall be accompanied by a map drawn to scale showing the affected property, giving elevation thereof at ten -foot intervals, prepared by a duly licensed engineer or land surveyor of the State of New York after the completion of the operations, who shall also certify as to the amount of topsoil remaining upon ground required to be respread with topsoil by § 228-7 _hereof, and that such area has been seeded in compliance with this chapter and that the other conditions of the approved plan of rehabilitation have been fulfilled. 228:7 12-01-2006 § 228-9 SOUTHOLD CODE § 228-13 C. In lieu of such bond, a cash deposit or deposit of negotiable securities may be made with the Supervisor of the Town, subject to the approvals, conditions and forfeitures specified hereinabove in the case of a bond. § 228-10. Waiver by Town Board. If the Town Board shall determine, upon the request of an applicant for a permit, that no substantial rehabilitation of the premises will become necessary as a result of the proposed operations, or upon any application pertaining to an operation in existence at the time of enactment of this chapter, or whenever the applicant shall satisfy the Board that unusual hardship shall exist, the Town Board, in its discretion, may waive any or all of the requirements or this chapter by resolution of the Board, and the Town Clerk shall then issue the permit at the direction of the Town Board. § 228-11. Fees. [Amended 11-9-1971] Before a permit shall be issued or renewed, the applicant shall pay to the Town Clerk the following fees: A filing fee of $50 shall be paid with the filing of an application for a permit required by this chapter. In addition to the foregoing, an additional fee of $10 for each 500 cubic yards or fraction thereof of material to be excavated shall be paid upon the issuance of the permit. § 228-12. Public hearing. A. Except as set forth in § 228-10, no permit authorizing operations regulated by this chapter shall be issued for the first time under this chapter until after a public hearing by the Town Board in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. B. Public hearings need not be held on renewals of permits previously issued under this chapter, provided that the area covered by the renewal does not extend beyond the area of operations previously authorized. At least 10 days' notice of the time and place of such hearing shall be published in one newspaper designated for official Town notices, and a written notice of any application for a permit shall be mailed by the applicant to the owners of record, as set forth in the application, of properties within 200 feet of the outside boundaries of the premises within which operations regulated by this chapter are proposed to be performed. § 228-13. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed $2,500 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each . day the offense is committed, a separate and additional offense hereunder. [Amended 11-21-2006 by L.L. No. 15-2006] 228:8 12-01-2006 § 233-4 SOLID WASTE § 233-6 (4) Demolition and construction debris, including but not limited to waste and rubble resulting from remodeling, demolition and extensive repair of structures, waste cement, concrete, masonry work, bricks, tile, sheetrock, plaster, wood, shingles and the like. (5) Rubbish, including but not limited to furniture, fixtures, appliances, television sets, carpets, awnings, boats and other like objects that are not considered normal everyday household waste. (6) Commercial and household garbage and rubbish, including but not limited to furniture, fixtures, television sets, appliances, carpets, awnings, boats and other like objects. C. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this article shall be issued by the Town Clerk. Residential permits shall be valid for one calendar year January 1 through December 31. Commercial permits shall be valid for one year from the date of the issue. D. Refund of fees. In the event that the Town Clerk has heretofore issued permits for vehicles transporting refuse into the Town landfill site at Cutchogue, and the fees paid therefor exceed the fees provided for herein, the Town Clerk is hereby authorized to refund such excess fees to the holders of such permits and/or licenses. § 233-5. Conveyance and transportation of refuse. [Amended 7-31-1973 by L.L. No. 1-1973; 3-24-1992 by L.L. No. 9-1992; 7-31-1973 by L.L. No. 1-1973] 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. § 233-6. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973; 2-7-1989 by L.L. No. 2-1989; 2-5-1991 by L.L. No. 1-19911 A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: [Amended 11-21-2006 by L.L. No. 15-2006] (1) For a first offense: (a) A fine not less than $1,000 and not more than $5,000; (b) Imprisonment for a term not to exceed 15 days; or (c) Community service of 40 hours, to be performed within the Town of Southold. (2) For a second offense: 233:9 12-01-2006 § 233-6 SOUTHOLD CODE § 233-7 (a) A fine of not less than $5,000 and not more than $10,000; (b) Imprisonment for a term not to exceed 30 days; or (c) Community service of 120 hours, to be performed within the Town of Southold. B. Recycling, offenses and other offenses. Any person committing a recycling offense or any other offense against this article other than an offense of illegal dumping shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each offense. Any person committing a second and/or subsequent offense within 12 months of the date of the first offense shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $200. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. C. Any person, firm or corporation who or which does not pay any charge or fee established in this article or who or which violates any provision of this article shall be subject to a fine not in excess of $250 for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed. [Added 7-11-1995 by L.L. No. 15-1995] D. In addition to the above -provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. § 233-7. Revocation of permit and/or license. [Added 5-3-1988 by L.L. No. 12-19881 A. Permits and/or licenses issued under the provisions of this article may be revoked by the Town Board of the Town of Southold after notice and hearing for violation of the provisions of this article. B. Notice of the hearing for revocation of a permit and/or license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee and/or licensee at his last known address at least five days prior to the date set for the hearing. Said hearing shall be conducted in a manner wherein the accused permittee and/or licensee is afforded full due process of the law. C. ` At the conclusion of said hearing and as a result of the evidence adduced therein, the Town Board may, in its discretion, revoke the said permit and/or license or, in lieu thereof, suspend the subject permit and/or license for a specified period of time, censure the permittee and/or licensee or impose a fine not to exceed $2,000. 233:10 12-01-2006 § 264-17 VEHICLES, MOTOR -DRIVEN § 264-20 § 264-17. Enforcement. The Southold Police Department, through the Chief of Police of the Town of Southold, any other police officer and any other peace officer shall enforce the provisions of this article. § 264-18. Exceptions. This article shall not apply to police and emergency vehicles. § 264-19. Confiscation and redemption of vehicles. Any member of the Southold Police Department (or any other enforcement officer who shall encounter any person operating a motor -driven vehicle or conveyance in violation of this article) shall immediately remove said vehicle or conveyance to a place designated by the Chief of Police. The owner or duly designated agent of the owner of such vehicle or conveyance may regain the same upon payment of all expenses and charges necessarily and actually incurred by the removal and/or storage of said vehicle or conveyance. Any vehicle not redeemed within 30 days shall be considered an abandoned vehicle under the provisions of § 1224 of the New York State Vehicle and Traffic Law. § 264-20. Penalties for offenses; restitution. A. Any person, firm or corporation violating or permitting the violation of any provision of this chapter shall be guilty of a violation and shall be subject to a fine,of not less than $50 nor more than $500 or to imprisonment not to exceed 15 days, or both such fine and imprisonment. Any second or subsequent conviction of such person, firm or corporation shall be subject to a fine not less than $250 nor more than $750 and the vehicle or conveyance shall be subject to confiscation pursuant to § 264-19. Any vehicle or conveyance which is confiscated pursuant to this section and stored by the Town in excess of 30 days may, upon conviction under this chapter, be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities. [Amended 11-21-2006 by L.L. No. 15-20061 B. In addition, any and all persons, firms or corporations violating or permitting a violation of any of the provisions of this article or omitting or refusing to do any act required by this, article shall severally, for each and every violation and noncompliance respectively, be liable for a civil penalty of $50. The imposition of all penalties for any violation of this article shall not excuse the violation or permit it to continue. The application of the above penalties or the provisions of this article shall not be held to prevent the enforcement of this article by other action. C. In addition, any and all persons, firms or corporations violating or permitting a violation of any of the provisions of this article shall be subject to such order or orders of the court as may be imposed so as to assure restoration of any public or private property damages, restitution or reimbursement to the Town or private citizens for property damage or crop loss and/or an order directing community service in addition to or substitution for the foregoing. 264:5 12-01-2006 § 264-21 SOUTHOLD CODE § .264-22 § 264-21. Severability. If any clause, sentence, paragraph, subdivision, section or other part of this article 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 article, and it shall be construed to have been the legislative intent to enact this article without such unconstitutional or invalid parts therein. § 264-22. When effective. This article shall take effect immediately upon filing in the office of the Secretary of State of New York. 264:6 12-01-2006 Chapter DL DISPOSITION LIST § DL -1. Disposition of legislation. The following is a chronological listing of legislation of the Town of Southold adopted since January 1, 2005, indicating its inclusion in the Code or the reason for its exclusion. [Enabling legislation which is not general and permanent in nature is considered to be non -Code material (NCM).] Consult municipal records for disposition of prior legislation. § DL -1. Disposition of legislation. Local Law Adoption No. Date Subject Disposition 1-2005 1-18-2005 Zoning amendment Ch. 280 2-2005 3-1-2005 Transfer of development rights Ch. 117 3-2005 3-1-2005 Sidewalks amendment Ch. 237 4-2005 3-29-2005 Zoning amendment Ch. 280 5-2005 4-12-2005 Community preservation fund: Southold Ch. 17, Art. H community preservation project plan amendment 6-2005 5-24-2005 Domestic partnerships amendment Ch. 121 7-2005 5-24-2005 Littering amendment Ch. 174 8-2005 6-7-2005 Zoning amendment Ch. 280 9-2005 6-7-2005 Highway specifications amendment Ch. 161 10-2005 6-7-2005 Highway specifications amendment Ch. 161 11-2005 6-7-2005 Vehicles and traffic amendment Ch. 260 12-2005 8-2-2005 Zoning amendment Ch. 280 13-2005 8-16-2005 Landmark preservation amendment Ch. 170 14-2005 9-27-2005 Vehicles and traffic amendment Ch. 260 15-2005 10-4-2005 Moratorium on applications and permits NCM for retail stores 16-2005 10-11-2005 Coastal erosion hazard areas amendment Ch. 111 17-2005 10-11-2005 Wetlands and shoreline amendment Ch. 275 18-2005 10-25-2005 Zoning amendment Ch. 280 19-2005 12-6-2005 Vehicles and traffic amendment Ch. 260 1-2006 1-3-2006 Moratorium on applications and permits NCM for retail stores DL:1 12-01-2006 § DL -1 -Local Law Adoption No. Date 2-2006 1-31-2006 3-2006 2-14-2006 4-2006 3-14-2006 5-2006 3-28-2006 6-2006 4-111-2006 7-2006 6-6-2006 8-2006 6-20-2006 9-2006 6-20-2006 10-2006 6-20-2006 11-2006 6-20-2006 12-2006 8-8-2006 13-2006 9-5-2006 14-2006 9-5-2006 15-2006 11-21-2006 SOUTHOLD CODE § DL -1 Subject Disposition Community Preservation Project Plan Ch. 17, Art. 11 amendment Code of Ethics amendment Ch. 26 Moratorium on applications and permits NCM for retail stores Zoning amendment Ch. 280 Zoning Map amendment NCM Waterfront consistency review Ch. 268 amendment Zoning amendment Ch. 280 Tax exemption for volunteer fire fighters Ch. 245, Art. V and ambulance workers amendment Zoning amendment Ch. 280 Adoption of renumbering of Code Ch. 1, Art. II Zoning amendment Ch. 280 Zoning Map amendment NCM Community Preservation Fund: Ch. 17, Art. IV two -percent real estate transfer tax amendment Penalties amendment Chs. 100; 135; 144;228;233; 264 DL:2 12-01-2006 General provisions, 1-4 Highway specifications, 161-46, 161-49 Housing fund, 344 Sewers and sewage disposal, 215-42 Soil removal, 228-8, 228-9 Streets and sidewalks, 237-9, 237-18 Subdivision of land, 240-3, 240-7, 240-20, 240-23, 240-25, 240-30 - 240-35, 240-37, 240-45 Wetlands and shoreline, 275-9 Zoning, 280-73, 280-137 BRUSH, GRASS AND WEEDS Burning, outdoor, 104-1, 104-2 Highway specifications, 161-16, 161-30 Shellfish, 219-1 Solid waste, 233-4 Tourist and trailer camps, 253-5 BUFFERS Coastal erosion hazard areas, 111-12 Subdivision of land, 240-3, 240-17, 240-21, 240-43, 240-49 Wetlands and shoreline, 275-2, 275-5,275-7, 275-11 Zoning, 280-73, 280-92, 280-94 - 280-96, 280-118, 280-143 BUILDING INSPECTOR Buildings, unsafe, 100-4 -100-6, 100-8, 100-9 Development rights, transfer of, 117-7 Electrical inspections, 126-3 Filming, 139-8 Fire prevention and building con- struction, 144-3, 144-5 - 144-10, 144-12 - 144-20 Flood damage prevention, 148-11 Soil removal, 228-4 Streets and sidewalks, 237-28 Waterfront consistency review, 268-6 Zoning, 280-6,280-8, 280-13, 280-31, 280-70, 280-81, 280-85, 280-88, 280-92, 280-109, 280-127, 280-130, 280-131, 280-146,280-151 - 280-155 80-146,280-151- 280-155 BUILDING PERMITS Development rights, transfer of, 117-8 Electrical inspections, 126-3 Ethics, 26-21 Fire prevention and building con- struction, 144-3, 144-8 - 144-13, 144-15 -144-18, 144-20 Landmark preservation, 170-5, 170-6 Sewers and sewage disposal, 215-41 Streets and sidewalks, 237-25, 237-26 SOUTHOLD INDEX Subdivision of land, 240-25 Zoning, 280-8 - 280-10, 280-31, 280-70, 280-114, 280-121, 280-124, 280-125, 280-127, 280-130, 280-134, 280-140, 280-151 -280-153 BUILDINGS, UNSAFE Abandonment, 100-3 Assessment, 100-5, 100-9 Barricades, 100-8 Building Inspector, 100-4 - 100-6,100-8, 100-9 Costs and expenses, 100-9 Demolition, 100-3, 100-8, 100-9 Emergency, 100-3, 100-4, 100-8 Emergency measures to vacate, 100-8 Fine, 100-10 Hearing, 100-6 Inspection, 100-4, 100-8 Liability, 100-10 Lien, 100-9 Notices, 100-5 -100-8, 100-10 Penalties for offenses, 100-10 Permit, 100-3, 100-4 Purpose, 100-2 Record, 100-7 Report, 100-4 Safety, 100-2, 100-3 Service of notice, 100-5 Severability, 100-11 Title, 100-1 Unsafe buildings, 100-1, 100-3 Unsafe buildings and premises prohibited, 100-3 Vehicles, 100-3, 100-4 When effective, 100-12 BURNING Burning, outdoor, 104-1, 104-2 Fire prevention and building con- struction, 144-8 General provisions, 1-2 Junkyards, 166-3, 166-7 BURNING, OUTDOOR Agreement with Fire District, 104-1 Brush, 104-1, 104-2 Burning, 104-1,104-2 Exclusions, 104-4 Fine, 104-5 Fires, 104-1-104-3 Grass, 104-1, 104-2 Grass fires, 104-2 Penalties for offenses, 104-5 Permit, 104-1, 104-2 Supervision of fires, 104-3 BUS STOPS Vehicles and traffic, 260-21, 260-27 _C_ CARNIVALS Public entertainment and special events, 205-1 CEMETERIES Zoning, 280-13 3 CERTIFICATES OF APPROVAL Subdivision of land, 240-21 CERTIFICATES OF COMPLI- ANCE Electrical inspections, 126-3 Flood damage prevention, 148-14 Wetlands and shoreline, 275-10, 275-13 Zoning, 280-4, 280-13 CERTIFICATES OF INSUR- ANCE Filming, 139-3, 139-11 CERTIFICATES OF OCCU- PANCY Development rights, transfer of, 117-11 Electrical inspections, 126-3 Ethics, 26-21 Fire prevention and building con- struction, 144-10, 144-15 - 144-18, 144-20 Streets and sidewalks, 237-25 Subdivision of land, 240-49 Zoning, 280-4,280-10, 280-13, 280-31, 280-33, 280-85, 280-112,280-130,280-151,' 280-154 CESSPOOLS Sewers and sewage disposal, 215-2, 215-4, 215-5, 215-7, 215-8,215-11,215-12, 215-19, 215-21, 215-22, 215-27, 215-28, 215-37, 215-39 Soil removal, 228-4 Wetlands and shoreline, 275-3, 275-5 CHURCH Sewers and sewage disposal, 215-41 Streets and sidewalks, 237-20 Vehicles and traffic, 260-17 Zoning, 280-38, 280-48, 280-143 CLUSTER DEVELOPMENT Subdivision of land, 240-10, 240-42 - 240-45 Zoning, 280-137 COASTAL EROSION HAZARD AREAS Administration and Enforcement, 111-27 - 111-34 Bond, 111-27,111-28 Coastal erosion management permit, 111-27 Conflicts, 111-31 Environmental review, 111-33 Fine, 111-34 Hearing, 111-27 Inspections, 111-29 Interpretation, 111-30 Notice of violations, 111-29 Penalties for offenses, 111-34 Permit, 111-27, 111-28, 111-31 Powers and duties of Adminis- trator, 111-29 Records, 111-29 Reports, 111-27, 111-29 12-01-2006 SOUTHOLD INDEX Severability, 111-32 Notice, 111-25 Southold Community Preserva- Sign, 111-29 Variances from standards and tion Project Plan, 17-12 — Variances, 111-27 restrictions, 111-20 17-15 Water, 111-29 COMBUSTIBLE Community preservation pro - Amendments, 111-35, 111-36 Junkyards, 166-1, 166-7 ject plan adopted, 17-13 Certification, 111-36 Soil removal, 228-7 Legislative findings, 17-12 Hearing, 111-35 COMMERCIAL VEHICLES Meeting, 17-13 Newspaper, 111-35 Solid waste, 233-1, 233-4 Open space, 17-12 ' Notice, 111-35 Zoning, 280-78, 280-110 Purpose, 17-12 Procedure, 111-35 COMMITTEES, APPOINT- Severability, 17-14 Report, 111-35 MENT OF When effective, 17-15 Emergency Activities, 111-17 — Committee members, 13-2 Two -Percent Real Estate Transfer 111-19 Duties, 13-3 Tax, 17-19-17-40 Applicability, 111-17 Effect on statutory provisions, Additional exemptions, 17-25 Emergency, 111-17 —111-19 13-5 Appeal, 17-34 Improper or insufficient notifi- Establishment of committees, Applicability, 17-21 cation, I I 1-19 13-1 Apportionment of considera- Notification, 111-18, 111-19 Expenses, 134 tion subject to tax for Permit, 111-19 Meeting, 13-3 property located only Safety, 111-17, 111-18 Minutes, 13-3 partly within Town, 17-33 General Provisions, 111-1— When effective, 13-6 Confidentiality, 17-37 111-6 COMMUNICABLE DISEASES Confidentiality of transfer tax Definitions, 111-6 Police department rules and regu- returns, 17-37 Enactment, 111-1 lations, A29045 Cooperative housing corpora - Findings, 111-5 Tourist and trailer camps, 253-14 tion transfers, 17-27 Grading, 111-6 Zoning, 280-13 Credit, 17-26 Purpose, 111-4 COMMUNITY PRESERVATION Definitions, 17-20 Title, 111-2 FUND Deposit and disposition of Water, 111-5,111-6 Community Preservation Fund revenue, 17-31 Well, 111-4,111-5 Advisory Board, 17-16 — Designation of agent by When effective, 111-3 17-18 County Treasurer, 17-28 Wildlife, 111-6 Community Preservation Fund Determination of tax, 17-34 Regulations, 111-7 —111-16 Advisory Board estab- Easement, 17-24 Anchored, 111-13 lished, 17-16 Effective date, 1740 Assessment, 111-10 Membership, 17-16 Exemptions from tax, 17-24 Beach area, 111-12 Purpose, 17-16 Filing of return, 17-22 Bluff area, 111-14 Severability, 17-17 Hearing, 17-34 Bond, 111-15 When effective, 17-18 Imposition of tax, 17-21 Buffer, 111-12 Southold Community Preserva- Inspection, 17-37 Drainage, 111-14 tion Fund, 17-1-17-11 Insurance, 17-32, 17-34 Dune area, 111-13 Acquisition of interests in Interest and civil penalties, Erosion protection structures, property, 17-7 17-36 111-15 Alienation of land acquired us- Intergovernmental agreement Establishment, 111-7 ing fund moneys, 17-9 authority, 17-38 Excavation, 111-10 Animal, 17-4 Judicial review, 17-32 Fine, 111-11 Definitions, 17-4 Legislative findings, 17-19 Gas, 111-10 Easement, 17-9 Liability, 17-23, 17-29, 17-31, Grade, 111-10— 111-13 Effective date, 17-11 17-34 —17-35 Nearshore area, 111-11 Findings, 17-2 Liens, 17-27,17-35 Obstructions, 111-11, 111-13 Hearing, 17-7 Natural features, 17-19 Open space, 111-13 Improvements, 17-8 Notice, 17-32,17-34 Permit, 111-8 —111-15 Legislative purpose, 17-3 Open space, 17-24 Record, 111-10 Management of lands acquired Parks, 17-24 Structural hazard area, 111-10 pursuant to chapter, 17-8 Payment of tax, 17-22 Traffic control, 1 I 1-16 Open space, 17-4, 17-8, 17-9 Penalty, 17-35, 17-36 Vehicles, 111-16 Parking, 17-8 Petition to Town Supervisor, Water, 111-7, 111-10, 111-13, Parks, 174 17-34 111=14 Public hearing and other re- Proceedings to recover tax Well, 111-13 quirements, 17-7 due, 17-35 Wildlife, 111-12 — 111-15 Purposes of fund, 17-6 Purpose, 17-19 Variances and Appeals, 111-20 — Sale, 17-9 Records, 17-22, 17-34, 17-35 111-26 Severability, 17-10 Referendum requirement, Coastal Erosion Hazard Board Southold Community Preser- 1740 of Review, 111-24 vation Fund established, Refunds, 17-30 Expiration, 111-23 17-5 Report, 17-34 Fees, 111-22 Title, 17-1 Sale, 17-24 Format and procedure, 111-21 Water, 17-8 Severability, 17-39 Hearing, 111-23 Wildlife, 17-4,17-8 Use of tax, 17-21 4 12-01-2006 SOUTHOLD INDEX Transportation access manage- Filming, 139-3, 139-11 Nuisances, 166-1 ment, 64-5 Flood damage prevention, 148-2, Penalties for offenses, 166-8 Vehicles, motor -driven, 264-6 148-4, 148-6, 148-7, 148-12, Permit, 166-7, 166-8 Wetlands and shoreline, 275-3, 148-14, 148-15, 148-17, Regulations, 166-7 275-5 148-18, 148-21, 148-23 Revocation, 166-6 Zoning, 280-25, 280-30, 280-45, Sewers and sewage disposal, Sale, 166-3 280-88, 280-129, 280-131, 215-42 Sanitary facilities, 166-7 280-133, 280-137 Soil removal, 228-6 Septic tanks, 166-7 INDUSTRIAL WASTES Streets and sidewalks, 237-8, Storage, 166-3 Sewers and sewage disposal, 237-18 Tires, 166-1 215-28, 215-36 - 215-38 Taxation, 245-1 Transferability, 166-6 INSECTS Wetlands and shoreline, 275-9 Water, 166-4 Flood damage prevention, 148-16 Zoning, 280-10, 280-38, 280-52, Well, 166-7 Highway specifications, 161-44 280-55 Zoning, 280-4 Peddlers, solicitors and transient INTOXICATION retail merchants, 197-10 Police department rules and regu- INSPECTIONS lations, A290-9 - K - Boats, docks and wharves, 96-24 INVESTIGATIONS KENNELS Buildings, unsafe, 100-4, 100-8 Alarm systems, 75-1 Zoning, 280-13 Coastal erosion hazard areas, Ethics, 26-21- 26-23, 26-25 111-29 Peddlers, solicitors and transient Community preservation fund, retail merchants, 197-7 - L _ 17-37 Personnel, 47-3 Electrical inspections, 126-1- Police department, 51-6 LANDMARK PRESERVATION 126-3 Police department rules and regu- Accessory buildings, 170-7 Environmental quality review, lations, A290-7, A290-15, Appeals, 170-11 130-17 A290-17, A290-19 - Application for certificate of ap- Ethics, 26-25 A290-21, A290-24, propriateness, 170-7 Filming, 139-12 A290-25, A290-31 Building permits, 170-5, 170-6 Fire prevention and building con- Records, 59-2 Certificate of appropriateness for struction, 144-3, 144-5 - Waterfront consistency review, alteration, demolition or new 144-6, 144-8, 144-9, 144-16, 268-3 construction, 170-6 144-17 Wetlands and shoreline, 275-8 Criteria for approval of alteration Flood damage prevention, Zoning, 280-130 of facades of historic land - 148 -12, 148-14 marks, 170-8 Harbor management, 157-8 Criteria for approval of demoli- Highway specifications, 161-19, - J - tion or removal of historic 161-21, 161-42,161-46, JUNK DEALER landmarks, 170-9 161-48, 161-49 Junkyards, 166-6 Definitions, 170-3 Junkyards, 166-6 y JUNKYARDS Demolition, 170-2 - 170-7, Local laws, adoption of, 38-2 Batteries, 166-1 170-9, 170-10 Parking, 189-3, 189-4 g Burning, 166-3 166-7 Designation of historic land - Police department rules and regu- , Combustible, 166-1, 166-7 marks, 170-5 lations, A290-7, A290-15, Definitions, 166-2 Easements, 170-4 A290-27 Display, 166-6 Enforcement, 170-12 Records, 59-2 - 59-5, 59-9, 59-10 Drainage, 166-4 Fees, 170-14 Sewers and sewage disposal, P Dump, 166-3, 166-7 Fine, 170-13 215-21-215-24, 215-37, Duration, 166-6 Hardship criteria for approval of 215-38, 215-41, 215-43, Existing businesses, 166-5 demolition, removal or al - 215 -44 Explosive, 166-1 teration of historic land - Solid waste, 233-4 Fee, 166-6 marks, 170-10 Streets and sidewalks, 237-14 Fence, 166-4, 166-7 Hearings, 170-5, 170-7, Subdivision of land, 240-9, Fire extinguisher, 166-7 Historic Preservation Commis - 240 -20,240-32, 240-33, Fire lane, 166-7 sion, 170-4 240-36,240-37 Flammable, 166-1 Meetings, 170-4 Tourist and trailer camps, 253-13 p Gas, 166-4 Membership, 170-4 Vehicles and traffic, 260-27 General provisions, 1-2 Minutes, 170-4 Waterfront consistency review, Grass, 166-7 Newspaper, 170-7 268 3, 268-5 Graveyards, 166-1 Notices, 170-4, 170-5, 170-7, Wetlands and shoreline, 275-7, Hearin g, 166-6 170-14 275-9 - 275-11 Inspections, 166-6 Penalties for offenses, 170-13 Zoning, 280-13, 280-70, 280-101, Junk dealer, 166-6 Permit, 170-5, 170-6 280-110, 280-137, 280-151, Junkyards, 166-1 Powers and duties, 170 4 280-154 INSURANCE Legislative intent, 166-1 170-2 Purpose, Record, 1770-50-5, 170-11 Community preservation fund, Liable166-8 , License, 166-1, 166-3 - 166-8 , Reports, 170-5 17-32, 17-34 Notice166-5 Stop -work order, 170-12 Electrical inspections, 126-2 , Terms, 170-4 15 12-01-2006 Title, 170-1 LANDSCAPING Highway specifications, 16142, 161-43 Sewers and sewage disposal, 215-21 Soil removal, 228-4 Solid waste, 233-4 Subdivision of land, 240-32, 240-36, 240-42, 240-43, 240-49 Waterfront consistency review, 268-3 Wetlands and shoreline, 275-3, 275-11 Zoning, 2804,280-7,280-41, 280-70, 280-72, 280-73, 280-78, 280-91- 280-95, 280-123, 280-129, 280-131, 280-133, 280-134, 280-137 LEASHING REQUIREMENTS Animals, 83-6 Parks and recreation areas, 193-9 LIABILITY Boats, docks and wharves, 96-10, 96-25 Buildings, unsafe, 100-10 Community preservation fund, 17-23, 17-29, 17-31, 17-34 - 17-35 Ethics, 26-26 Filming, 139-11 Flood damage prevention, 148-10 General provisions, 1-4 Harbor management, 157-12 Junkyards, 166-8 Salvaging centers, 211-6 Sewers and sewage disposal, 215-38,215-42,215-44, 215-51 Shellfish, 219-21 Streets and sidewalks, 237-14 Subdivision of land, 240-54 Vehicles, motor -driven, 264-20 Wetlands and shoreline, 275-9 Zoning, 280-88 LICENSE Animals, 83-16 Bingo and games of chance, 92-2, 92-3, 92-13, 92-14 Burning, outdoor, 104-2 Ethics, 26-17, 26-21 General provisions, 1-4 Junkyards, 166-1, 166-3 - 166-8 Parking, 189-3, 189-4 Peddlers, solicitors and transient retail merchants, 197-3, 197-4,197-6 - 197-9, 197-11,197-13 Police department rules and regu- lations, A290-33 Sewers and sewage disposal, 215-4 - 215-6,215-31, 215-41, 215-42 Shellfish, 219-8 Solid waste, 233-2 - 233-4, 233-7 Subdivision of land, 240-21 Tobacco advertising, 249-2 SOUTHOLD INDEX Tourist and trailer camps, 253-3 Vehicles and traffic, 260-9, 260-17 Wetlands and shoreline, 275-6 Zoning, 280-48, 280-69, 280-133 LIENS Boats, docks and wharves, 96-10, 96-25 Buildings, unsafe, 100-9' Community preservation fund, 17-27,17-35 Harbor management, 157-8, 157-12 Littering, 174-5 Sewers and sewage disposal, 215-33, 215-50, 215-51 Subdivision of land, 240-34, 240-44 Zoning, 280-74, 280-88, 280-92 LIGHTING Boats, docks and wharves, 96-14 Highway specifications, 161-4, 161-46 Streets and sidewalks, 237-12 Subdivision of land, 240-44, 240-46 Tourist and trailer camps, 253-3, Transportation access manage- ment, 64-5 Wetlands and shoreline, 275-I1 Zoning, 280-4, 280-13, 280-72, 280-73, 280-81, 280-83, 280-87, 280-88, 280-111, 280-117,280-129,280-133, 280-137 LITTERING Assessment, 174-5 Definitions, 174-1 Driveway, 174-2 Fine, 174-7 Garbage, 174-1, 174-2 Garbage, rubbish and refuse, 174-2 General provisions, 1-2 Handbills, 174-6 Lien, 174-5 Litter in parks, beaches and bod- ies of water, 174-4 Litter in public places, 174-2 Litter on private property, 174-5 Newspapers, 174-1, 174-6 Notice, 174-5 Parks, 174-4 Penalties for offenses, 174-7 Record, 174-5 Sign, 174-6 Tires, 174-3 Transportation access manage- ment, 64-5 Vehicles, 174-1, 174-3, 174-6 Water, 174-4 LIVESTOCK Subdivision of land, 240-44 Zoning, 280-98, 280-99 LOCAL LAWS, ADOPTION OF Filing of proof of publication and posting, 38-4 Hearings, 38-1, 38-2, 384, 38-6 Inspection, 38-2 Newspaper, 38-1 Notice, 38-1- 38-2, 38-4, 38-6 Numbering, 38-5 Posting and availability of copies, 38-2 Posting of copy upon adoption, 38-3 Rezonings, 38-6 LOTS Fire prevention and building con- struction, 144-8 Flood damage prevention, 148-13, 148-23 Highway specifications, 161-11, 161-15, 161-16 Soil removal, 228-7 Subdivision of land, 240-4, 240-10, 240-17, 240-21, 240-26, 240-27, 240-30, 240-41- 240-45, 240-49, 240-51, 240-53, 240-57, 240-59 Vehicles and traffic, 260-12, 260-27 Zoning, 280-9-280-11, 280-13, 280-15, 280-30, 280-31, 280-41, 280-48,280-61, 280-78, 280-79,280-95, 280-106, 280-109,280-113, 280-116, 280-124, 280-137 _M_ MAJOR SUBDIVISIONS Highway specifications, 161-4, 161-38 MANHOLES Highway specifications, 161-2, 161-35 Sewers and sewage disposal, 215-38, 215-40 Subdivision of land, 240-17 MANUFACTURED HOMES Flood damage prevention, 148-4, 148-13 -148-15, 148-21 MASTER PLAN Subdivision of land, 240-10, 240-17 r Zoning, 280-4 MEETINGS Boats, docks and wharves, 96-32 Committees, appointment of, 13-3 Community preservation fund, 17-13 Development rights, transfer of, 117-7 Environmental quality review, 130-7 - Ethics, 26-21 Expenses of town officers, 30-1 Flood damage prevention, 148-4, 148-16,148-19 Harbor management, 157-3 Highway specifications, 161-49 Housing fund, 34-6 Landmark preservation, 170-4 Parks and recreation areas, 193-9 12 - 01= 2006