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HomeMy WebLinkAbout1990 Code Supplement - 12/01/1990GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 61 The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the lower right • corner, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. The adoption date of the most recent legislation included in this supplement is 10- 23-1990 (L.L. No. 24-1990). • The page numbers should always correspond with this list. REMOVE INSERT 3801 -3804 3801 -3805 4803 -4806 4803 -4806 4806.1 - 4806.2 6505 -6506 6505 -6506 6905 -6906 6905 -6906 7705 -7706 7705 -7706 Legislation, by number or date of adoption, included in this supplement. L.L. Nos. 19-1990; 20-1990; 21-1990; 22-1990; 23-1990; 24- 1990. L2-1-90 r" _ DOGS Chapter 38 DOGS ARTICLE I • General Regulations § 38-1. Prohibited activities. § 38-2. Enforcement. § 38-3. Filing of complaints. § 384. Summons; arrest warrant. § 38-5. Seeing Eye dogs exempted. § 38-6. Seizure of dogs at large. § 38-7. Confinement; redemption; disposition. § 38-8. Penalties for offenses. § 38-9. Severability. § 38-10. When effective. ARTICLE II Fees § 38-11. License fees. [HISTORY: Adopted by the Town Board of the Town of Southold: Article I, 6-8-1976 as Local Law No. 1-1976; Article II, • 9-26-1978 as Local Law No. 5-1978, amended in its entirety 10- 23-1990 by L.L. No. 19-1990. Subsequent amendments noted where applicable.] 3801 12-1-90 § 38-1 SOUTHOLD CODE § 38-3 ARTICLE I General Regulations [Adopted 6-8-76 as L.L. No. 1-1976] § 38-1. Prohibited activities. It shall be unlawful for any person owning or harboring any dog in the Town of Southold to permit or allow such dog to: A. Run at large elsewhere than upon the premises of the owner is or custodian unless said dog shall be on a leash or ac- companied by a person at least twelve (12) years of age, having adequate control of such dog, or unless -it be upon the premises of another person with the knowledge and consent of such person. For the purpose of this Article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by their owners. B. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. C. Cause damage or destruction to property other than the property of the owner or person harboring such dog. D. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. § 38-2. Enforcement. [Amended 9-21-82 by L.L. No. 8-1982] The Dog Control Officer shall enforce the provisions of this Article. § 38-3. Filing of complaints. • Any person who observes a dog causing damage or destruction to the property of a person other than its owner or one harboring a dog, or causing an annoyance to a person other than its owner or one harboring a dog may file a signed complaint, under oath, with 3802 12-1-90 r ' 1 § 38-3 DOGS § 38-7 a Town Justice of the Town of Southold specifying the ob- jectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog. § 384. Summons; arrest warrant. • Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice may summon the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person. § 38-5. Seeing Eye dogs exempted. This Article shall not apply to Seeing Eye dogs during such time as such dogs are performing the functions for which they are trained. § 38-6. Seizure of dogs at large. [Amended 9-21-82 by L.L. No. 8-1982] Any dog found at large, not under effective restraint or in the immediate custody and control of the responsible person, may be seized by a duly appointed Dog Control Officer or other duly appointed officer of the Town of Southold, confined and im- pounded. § 38-7. Confinement; redemption; disposition. [Amended 9-21- 82 by L.L. No. 8-19821 • Any dog impounded under the provisions of this Article shall be confined in accordance with the provisions of the Agriculture and Markets Law of the State of New York and may be redeemed by the owner or harborer thereof upon payment to the Town Clerk or Dog Control Officer of the- sums set forth in the Agriculture and Markets Law. Any dog not so redeemed shall, at the option of the 3803 12-1-90 § 38-7 SOUTHOLD CODE § 38-11 Dog Control Officer, be made available for adoption or be destroyed or given to a recognized society for the care and welfare of dogs. All proceedings shall be in accordance with the provisions of the Agriculture and Markets Law of the State of New York. The fee for the adoption of a dog shall be in such amount 'as may be, from time to time; established by Town Board resolution. The Dog Control Officer may, as a condition to an --adoption, require that the dog shall be spayed or neutered within one (1) year after • such adoption and may require a deposit of twenty dollars ($20.) to assure that such dog is spayed or neutered within such time. § 38-8. Penalties for offenses. Any person committing an offense against any provision of this Article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. § 38-9. Severability. The invalidity of any section, provision or portion of this Article shall not invalidate any other section, provision or remaining portion thereof. § 38-10. When effective. This Article shall take effect ten (10) days after its adoption. ARTICLE II Fees [Adopted 9-26-1978 as L.L. No. 5-1978; amended in its entirety 10-23-1990 by L.L. No. 19-1990] • §. 38-11. License fees. A. Commencing on October 1, 1979, and until November 30, 1990, the license fee for dogs, inclusive of other statutory charges, is hereby set as follows: 3804 12-1-90 § 38-11 DOGS § 38-11 (1) Five dollars ($5.) for a spayed or neutered dog. (2) Ten dollars ($10.) for an unspayed or unneutered dog. B. Commencing on December 1, 1990, the license fee for dogs, inclusive of other statutory charges, is set as follows: (1) Ten dollars ($10.) for a spayed or neutered dog. • (2) Fifteen dollars ($15.) for an unspayed or unneutered dog. • 3805 12-1-90 § 48-2 GARBAGE, RUBBISH AND REFUSE § 48-3 (3) The proper use of receptacles placed upon the streets or other public places in the Town of Southold for the depositing of refuse; provided, however, that such public receptacles shall not be used for the deposit of accumulated household garbage. (4) The engaging in secondhand junk and auto parts activities and businesses when a license therefor has is been . obtained pursuant to the provisions of the Southold town ordinance licensing and regulating secondhand junk and auto parts activities and businesses.' § 48-3. Town refuse disposal area. A. No person shall deposit or cause to be deposited in or on any refuse disposal area maintained by the Town of Southold any substance of any kind except in the areas designated by and under the direction of. the attendant in charge, whether such direction is given personally or by another person by his authority, or by a sign or signs erected in the refuse disposal area by the authority of the Town Board or such attendant. B. No garbage, refuse, rubbish or other material that does not have its origin within the Town of Southold shall be deposited or disposed of in the town refuse disposal area. [Added 7-31-731 C. No garbage, rubbish, refuse or other material that does not have its origin within the Town of Southold shall be conveyed or transported over any street within the town for delivery to the town refuse disposal area. [Added 5-3-88 by'L.L. No. 11- 19882] • D. No vehicle shall be permitted to transport refuse into any refuse disposal area maintained by the Town of Southold unless such vehicle displays a valid permit and/or license I Editor's Note: See Ch. 54, Junkyards. z Editor's Note: This local law also renumbered former Subsections C and D as D and E, respectively. 4803 12-1-90 § 48-3 SOUTHOLD CODE § 48-4 issued pursuant to the provisions of this chapter. [Added 7-24- 79 by L.L. No. 1-1979; amended 10-9-84 by L.L. No. 9- 19841 E. The attendant at the town refuse area is authorized to prohibit the disposal of discarded motor vehicles and/or discarded fuel tanks having a capacity in excess of five hundred fifty (550) gallons at the refuse disposal area. [Added 7-15-86 by L.L. No. 7-1986; amended 9-23-86 by L.L. No. 12-1986] • § 48-4. Fees; issuance and duration of permits and licenses. [Added 10-9-84 by L.L. No. 9-19842] A. The fees for the issuance of permits and/or licenses for vehicles transporting refuse into any refuse disposal area maintained by the Town of Southold shall be as follows: (1) [Amended 10-23-1990 by L.L. No. 23-19901 Resident landfill permit: for noncommercial vehicles of less than one -ton capacity owned by a resident and/or taxpayer of the Town of Southold and transporting only household refuse, provided that such vehicle displays a valid resident landfill permit issued in accordance with the following. (a) A resident landfill permit shall be issued by the Town Clerk or a person designated by her to all persons who are qualified residents of the Town of Southold. Persons applying for resident landfill permit shall be requested to sign an application in affidavit form and submit for inspection the follow- ing as proof of residence: [1] A valid tax receipt stub for the current year for any taxable real property within the Town of • Southold assessed in the name of the applicant. [2] A valid motor vehicle registration in the name of the applicant and to an address located Editor's Note: This local law also renumbered former §§ 48-4 and 48-5 as §§ 48-5 and 48- 6, respectively-. 4804 12-1-90. § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4 within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. [3] Such other proof of residence as is satisfactory to the Town Clerk. • (b) The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application, a resident landfill permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. (c) Resident landfill permit for motor vehicles shall be permanently affixed to the left side of the front bumper of such vehicle. (d) The fee for the issuance of. a resident landfill permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. (2) Per -load fee of two dollars ($2.) for each noncommercial vehicle of less than one -ton capacity which possesses no permit:) [Amended 10-23-1990 by L.L. No. 24-1990] (3) Per -load fee of twenty-five dollars ($25.) for each single - axle truck which does not possess a permit. [Amended 10-23-1990 by L.L. No. 24-1990] (4) Annual fee of fifty dollars ($50.) for each commercial vehicle transporting liquid septic waste, together with an additional fee of two cents ($0.02) for each gallon of liquid waste discharged. [Amended 10-23-1990 by L.L. No:' • 24-1990] (5) Annual fee of fifty dollars ($50.) for each commercial contractor's vehicle of less than one -ton maximum gross vehicle weight. [Amended 10-23-1990 by L.L. No. 24- .1990] 4805 , 12-1-90 § 48-4 SOUTHOLD CODE § 48-4 (6) Annual fee of fifty dollars ($50.) for each farm vehicle of one -ton or more capacity transporting agricultural waste. [Amended 10-23-1990 by L.L. No. 24-1990] (7) Per -load fee of fifty dollars ($50.) for each double -axle truck which does not possess a permit. [Amended 10-23- 1990 by L.L. No. 24-19901 (8) Annual fee of two hundred dollars ($200.) for each single- • axle vehicle transporting solid waste (garbage). [Amended 10-23-1990 by L.L. No. 24-1990] (9) Annual fee of two hundred dollars ($200.) for each commercial contractor's vehicle of more than one -ton capacity. [Amended 10-23-1990 by L.L. No. 24-1990] (10) Annual fee of five hundred dollars ($500.) for each double - axle and/or compactor -type vehicle transporting solid waste (garbage). [Amended 10-23-1990 by L.L. No. 24- 1990] (11) Annual fee of five hundred dollars ($500.) for each commercial contractor's double -axle and/or tractor - trailer combination of more than one -ton capacity. [Amended 10-23-1990 by L.L. No. 24-1990] B. [Added 11-29-1988 by L.L. No. 29-19881; amended 6-20- 1989 by L.L. No. 11-1989; 3-13-1990 by L.L. No. 2-1990] Effective April 1, 1990, in addition to the fees established in § 48-4A of this chapter, there shall be a fee of two cents ($0.02) per pound on loads containing the following: (1) Hea,.y brush, landscaping and yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves, and grass clippings. (2) Construction debris, including but not limited to scrap • and waste material discarded as refuse resulting from construction. I Editor's Note: This local law also redesignated former Subsections B, C and D as Subsections D. E.and F, respectively. 4806 12-1-90 � § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4 (3) Wood, including but not limited to timber, logs, boards and the like. (4) Demolition 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, television antennas, carpets, awnings, boats and other like objects that are not considered normal everyday house- hold waste. (6) Any mixed load containing one (1) or more of the above - listed wastes. C. Effective January 1, 1989, in addition to the fees established in § 484A and B, there shall be a fee of five dollars ($5.) per item on appliances, including but not limited to white goods, refrigerators, washers, dryers, stoves, dishwashers, ovens and the like. [Added 11-29-88 by L.L. No. 29-1988] D. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this chapter shall.be issued by the Town Clerk. All annual permits (including those previous- ly issued) shall expire one (1) year from the date of the issuance thereof. E. 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. F. Amendment of fees. Notwithstanding any of the provisions, hereof, the Town Board may, by resolution, change, modify or repeal any of the fees set forth in § 48-4 hereof. 4806.1 12-1-90 § 48-5 SOUTHOLD CODE § 48-5 § 48-5. Conveyance and transportation of refuse. No person shall convey or transport refuse 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 in such public places and streets.' (Cont'd on page 4807) • • 1 Editor's Note: See also Ch. 57, Littering. 4806.2 12-1-90 �_. § 65-3 PARKING AT BEACHES § 65-3 (a) The number of rental units available at the ap- plicant's premises. (b) The number of permits applied for. (c) The designated business name, if any, of the premises applied for. (2) Upon a determination by the Town Clerk or a person • designated by him that the applicant is entitled to such permits and upon payment of the required permit fee, permits shall be issued; provided, however, that the number of permits issued shall not exceed the number of rental units available at the premises applied for. Such permits shall be inscribed with the name of the applicant or the designated business name of the applicant's premises and shall be used only by paying guests occupying the premises for which such permits are issued. (3) Hotel -motel parking permits shall be transferable and shall be issued in a clear plastic case and designed to be affixed temporarily to the interior right-hand. windshield or right-hand front door window of the vehicle. The owner or manager to whom such permits are issued shall make no charge for the use of such permits by such guests but may require a deposit, not to exceed five dollars ($5.), to ensure return of a permit. (4) The fee for the issuance of a hotel -motel parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. D. One -day nonresident permits. (1) One -day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, Norman E. Klipp Marine Park and New Suffolk Beach to any person by the at- tendant on duty at such parking areas. [Amended 5-9- 721 (2) Such permit shall be valid only for the day on which the same is issued. 6505 12-1-90 § 65-3 SOUTHOLD CODE § 65-4 (3) The fee for the issuance of a one -day nonresident parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. E. Guest permits. [Added 12-28-82 by L.L. No. 9-1982] (1) Guest parking permits shall be issued by the Town Clerk, or a person designated by the Town Clerk, to all persons who are qualified residents of the Town of • Southhold, as defined in § 65-3A hereof, for use by guests: temporarily residing in the dwelling of such resident. A resident applying for a guest parking permit shall present an application in affidavit form, signed. by the applicant, setting forth the following; (a) The location of the property to be occupied by the guests. (b) The names and permanent addresses of the guests. (c) The length of time of the guest occupancy. (2) Upon a determination by the Town Clerk, or person designated by the Town Clerk, that the applicant is entitled to a guest parking permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 65-3A(3) hereof. (3) The fee for the issuance of a guest parking permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. F. Nonresident seasonal beach parking permit. Beach parking permits for nonresidents for the period April 1 through October 31 may be issued by the Town Clerk of the Town of • Southold upon application therefor for the annual sum of one hundred fifty dollars ($150.), which annual sum shall include both the vehicle and boat trailer. [Added 7-14-1987 by L.L. No. 11-1987; amended 10-23-1990 by L.L. No. 21-1990] 6506 12-1-90 § 69-104 PEDDLING AND SOLICITING § 69-107 thereunder, the amount of fee paid and the date of issuance and the length of time the same shall be operative. [Amended 6-29-88 by L.L. No. 18-19881 § 69-105. License fees. [Amended 11-15-1983 by L.L. No. 13- 1983; 6-30-1987 by L.L. No. 10-1987; 6-29-1988 by L.L. ® No. 18-1988; 10-23-1990 by L.L. No. 20-1990] The nonrefundable fee for each application pursuant to this Article shall be two hundred dollars ($200.) per year or fifty dollars ($50.) per day or fraction thereof. § 69-106. License conditions. A. A license shall not be assignable. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall be guilty, of an offense against this Article. B. Each such license issued shall automatically expire on December 31 following the date of issuance thereof, but such license may provide for an earlier expiration date. C. No applicant to whom a license has been refused or who has , had a license which has been revoked shall make further application until a period of at least twelve (12) months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection or revocation no longer exists. D. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same, upon demand, to any police officer or citizen. § 69-107. Records. It shall be the duty of the Town Clerk to keep a record of all applications and of all licenses granted under the provisions of this Article, giving the number and date of each license, the name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked. 6905 12-1-90 § 69-108 SOUTHOLD CODE § 69-109 § 69-108. Employees .of licensee. Any licensee using a motor vehicle may employ not more than two (2) persons to assist in selling and delivering the wares, but such persons shall: so act only while accompanying a licensed peddler, hawker or. solicitor. 11 § 69-109. Restrictions. [Amended 12-7-76 by L.L. No. 7-19761 • A hawker, peddler or solicitor shall: A. Not engage in such business at any time between the hours of 8:00 p.m. and 9:00 a.m. B. Not willfully misstate the quantity or quality of any article offered for sale. C. Not offer for sale any unwholesome, tainted, deleterious or diseased provisions or merchandise. D. Keep the vehicles and receptacles used by him in a clean and sanitary: condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects. E. Not call attention to his goods by blowing a horn, by ringing a bell'other than a house doorbell, by shouting or crying out or by any loud or unusual noise. F. Not stand or permit the vehicles used by him to stand in one (1) place in any public place or street for more than ten (10) minutes, or in front of any premises for any time if the owner or any, lessee of the premises objects. G. Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise. • H. Not engage in such business within five hundred (500) feet of any school between the hours of 7:00 a.m. and 4:00 p.m. on school days. [Amended 6-29-88 by L.L. No. 18-19881 6906 12-1-90 § 77-202 SHELLFISH § 77-203. C. Shellfish -may be taken from town waters for non- commercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of Southold. [Amended 7-7-82 by L.L. No. 5-19821 D. Shellfish may be taken from town waters for non- commercial purposes without obtaining a permit therefor • by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of 'a valid shellfish permit. Notwithstanding any other provisions of this Article, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this Article for such permanent resident. [Amended 7-7-82 by L.L. No. 5-1982; 5-10-83 by L.L. No. 6-19831 E. No person not a permanent resident, a taxpayer, a tem- porary resident or a guest accompanied by a permanent resident shall take shellfish in any manner at any time from town waters. [Amended 7-7-82 by L.L. No. 5-19821 F. The presence of shellfish in excess of the limits, or of less size than that, set forth in this Article, found aboard any boat or vessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this Article. [Added 7.31-73] G. Shellfish may be taken from town waters for non- commercial purposes by a permanent resident under the age of fourteen (14) years without obtaining a permit therefor. [Added 7-7-82 by L.L. No. 5-19821 • § 77-203. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be twenty dollars ($20.). Effective on and after January 1, 1991, the fee for a commercial shellfish permit shall be thirty-five dollars 7705 12-1-90 § 77-203 SOUTHOLD CODE § 77-204 ($35.). Such permit shall expire on December 31 of the year of its issuance. [Amended 7-7-1982 by L.L. No. 5-1982; 11-15- 1983 by L.L. No. 13-1983; 10-23-1990 by L.L. No. 22-19901 B. The fee for a temporary resident shellfish permit shall be ten dollars ($10.).. Such permit shall be issued only for the period of time that such temporary resident occupies living quarters within the Town of Southold. [Amended 10-23-1990 by L.L. • No. 22-19901 C. The fee for a permanent resident or taxpayer shellfish permit shall be three dollars ($3.). Effective on and after January 1, 1991, the fee for such permit shall be five dollars ($5.). Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of sixty-two (62) years. [Added 7-7-1982 by L.L. No. 5-1982;1 amended 7-14-1987 by L.L. No. 12-1987; 10-23-1990 by L.L. No. 22-1990] D. The holder of a shellfish permit shall carry the permit assigned to him on his person -while engaged in the per- mitted activities, and the failure of such holder to exhibit his permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to him. § 77-204. Scallops. A. Scallops may not be taken from town waters during the period from April 1 to the third Sunday in September in each year, both dates inclusive. B. Subject to the provisions of this section, during the period from the first Monday after the third Sunday in September to October 9 in each year, both dates inclusive, not more than one-half ('/z) bushel of scallops may be taken from • town waters in any one (1) day by hand or with a scalp net. [Amended 7-7-82 by L.L. No. 5-19821 C. Subject to the provisions of this section, during the period from October 10 to March 31, both dates inclusive, scallops Editor's Note: This local law also provided for the renumbering of former Sub., section C to become Subsection. D. 7706 12-1-90