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HomeMy WebLinkAbout1996 Code Supplement - 06/25/1996GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 113 The enclosed new and/or replacement pages should be placed in your Code volume immediately! 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 6503 —6504 6503 —6504 6504.1— 6504.2 6504.1 — 6504.2 6504.2.1 7301 — 7307 7301 — 7308 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 5-1996; 6-1996. 6-25-96 § 65-2 PARKING AT BEACHES § 65-2 Southold (east of Goose Creek Bridge), known as and referred to herein as "Goose Creek Beach." (6) Parking area located at the terminus of Mill Road, Long Island Sound, Peconic, known and referred to herein as "Goldsmith's Inlet Beach." • (7) Parking area adjacent to the bathing beach located at the terminus of First Street, Peconic Bay, New Suffolk, known as and referred to herein as "New Suffolk Beach." B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: (1) Harbor River Road, Orient Harbor, Orient, along both sides from the terminus north to intersection with Skippers Lane. (2) Youngs Street, Long Island Sound, Orient, from the guardrail at the terminus south for a distance of five hundred (500) feet. (3) Aquaview Road from Rocky Point Road, Long Island Sound, East Marion, east for a distance of five hundred (500) feet, and Rocky Point Road from the terminus south for a distance of five hundred (500) feet. (4) East Gillette Drive, Orient Harbor, East Marion, from the terminus north to Cleves Point Road a distance of one hundred (100) feet. (5) Shipyard Lane, Orient Harbor, East Marion, along both sides from the terminus north for a distance of • one hundred sixty (160) feet. (6) Island View Lane, Shelter Island Sound, Greenport, along both sides from the terminus west to intersection of Bayview. (7) Silvermere Road, Pipe's Cove, Greenport, along both sides of the parking area adjacent to the terminus. 6503 6-25-96 § 65-2 SOUTHOLD CODE § 65-2 (8) Sound Drive East, also known as "67 Steps," Long Island Sound, Greenport, from the guardrail at the terminus south for a distance of five hundred (500) feet. (9) Sound Drive, Long Island Sound, Greenport, both sides, between Sound Drive East and Sunset Lane. (10) Bay Home Road, Southold Bay, Southold, along both • sides from the terminus north for a distance of three hundred (300) feet. (11) Bayview Avenue North, Hashamomuck Pond, Southold, along both sides from the terminus east for a distance of one hundred forty (140) feet. (12) Cedar Avenue, Goose Creek, Southold, along both sides from the terminus south to Oak Avenue. (13) Gilbert Street, Jockey Creek, Southold, along both sides from the terminus north to Jockey Creek Drive. (14) Glenn Road, Goose Creek, Southold, along both sides from the terminus north for a distance of two hundred (200) feet. (15) Kenney Road, Long Island Sound, Southold, west side only, from the terminus south to intersection of Lake Drive. (16) Leeton Drive, Long Island Sound, Southold, along both sides from its intersection with Kenney Road west for a distance of six hundred ten (610) feet. (17) Lighthouse Road, Long Island Sound, Southold, on both sides from the terminus south for a distance of six hundred fifty (650) feet. [Amended 5-14-1996 by L.L. No. 6-19961 (18) Meadow Lane, Long Creek, Southold, along both sides from the terminus north to Grove Drive. 6504 6-25-96 § 65-2 PARKING AT BEACHES § 65-2 (19) North Parish Drive, Southold Bay, Southold, along both sides from the intersection with North Bayview east for a distance of three hundred (300) feet. (20) North Sea Drive, Long Island Sound, Southold, along both sides from the intersection with Horton's Lane west for a distance of eight hundred twenty (820) feet. (21) Sound View Avenue, Long Island Sound, Southold, along both sides from the intersection with Lighthouse Road south for a distance of two hundred fifty (250) feet. (22) South Harbor Road, Richmond Creek, Southold, on the west side, from the guardrail at the terminus north for a distance of five hundred (500) feet. (23) Terry Lane, Town Creek, Southold, along both sides from the terminus east to the intersection with Hobart Road. (24) Town Harbor Lane, Southold Bay, Southold, along both sides from the terminus north to Terry Lane. (25) West Creek Road, Goose Creek, Southold, along both sides from the terminus south to Smith Drive North. (26) William's Road, Goose Creek, Southold, along both sides from the terminus south to Smith Drive North. (27) Willow Point Road, Southold Bay, Southold, along both sides from the terminus north for a distance of two hundred (200) feet. (28) Indian Neck Road, Hog Neck Bay, Peconic, along both sides from the terminus north for a distance of two hundred fifty (250) feet. (29) Spring Lane, Richmond Creek, Peconic, along both sides from the terminus west for a distance of two hundred fifty (250) feet. 6504.1 6-25-96 § 65-2 SOUTHOLD CODE § 65-2 (30) Wells Road, Richmond Creek, Peconic, along both sides from the terminus north for a distance of three hundred fifty (350) feet. (31) East Road, East Creek, Cutchogue, along both sides from the terminus west for a distance of two hundred (200) feet. (32) Harbor Lane, East Creek, also known as "Eugene's , Creek," Cutchogue, along both sides from the terminus north to Oak Street. (33) Mason Drive East, Broadwaters ' Cove, Cutchogue, along both sides from the terminus west to Hickory Drive. (34) Mason Drive West, Haywater Cove, Cutchogue, along both sides from the terminus east for a distance of two hundred sixty (260) feet. (35) Nassau Point Road, Peconic Bay, Cutchogue, along both sides from the terminus east for a distance of three hundred (300) feet. (36) Pequash Avenue, Cutchogue Harbor, Cutchogue, along both sides from the terminus north to East Road. (37) Skunk Lane, also known as "Bay Avenue," Hog Neck Creek, Cutchogue, along both sides from the terminus west to Nassau Point Road. (38) West Road, Wickham Creek, Cutchogue, along both sides from the terminus east to West Creek Avenue. (39) Fifth Street, Cutchogue Harbor, New Suffolk, along both sides from the terminus north to Jackson Street. (40) Fourth Street, Cutchogue Harbor, New Suffolk, along both sides from the terminus north to Jackson Street. (41) Grathwohl Road, West Creek, New Suffolk, along west side from the terminus of George Road north 6504.2 6-25-96 • • § 65-2 PARKING AT BEACHES § 65-2 for a distance of one hundred (100) feet and south for a distance of one hundred (100) feet. (Cont'd on page 6504.3) 6504.2.1 6-25-96 § 73-1 RECORDS, PUBLIC ACCESS TO § 73-2 Chapter 73 RECORDS, PUBLIC ACCESS TO [HISTORY: Adopted by the Town Board of the Town of Southold 3-14-1978. Amendments noted where applicable.] § 73-1. Definitions. The words and phrases used in these rules and regulations shall, for the purpose hereof, have the meanings respectively ascribed to them by Article 6 of the Public Officers Law. § 73-2. Exceptions; records to be maintained. A. Each town agency shall, in accordance with these rules, make available for public inspection and copying all 7301 s -25-9s § 73-1. Definitions. § 73-2. Exceptions; records to be maintained. § 73-3. Designation of records access officer; duties. § 73-4. Designation of records location. § 73-5. Hours for public inspection. § 73-6. Requests for access. § 73-7. Maintenance of list of records by subject matter. § 73-8. Denial of access; appeals. § 73-9. Fees. § 73-10. Public notice required. [HISTORY: Adopted by the Town Board of the Town of Southold 3-14-1978. Amendments noted where applicable.] § 73-1. Definitions. The words and phrases used in these rules and regulations shall, for the purpose hereof, have the meanings respectively ascribed to them by Article 6 of the Public Officers Law. § 73-2. Exceptions; records to be maintained. A. Each town agency shall, in accordance with these rules, make available for public inspection and copying all 7301 s -25-9s § 73-2 SOUTHOLD CODE § 73-2 records, except that such agency may deny access to records or portions thereof that: (1) Are specifically exempt from disclosure by state or federal statute. (2) If disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of • Subdivision 2 of § 89 of the Public Officers Law. (3) If disclosed, would impair present or imminent contract awards or collective bargaining negotiations. (4) Are trade secrets or are maintained for the regulation of commercial enterprise, which if disclosed would cause substantial injury to the competitive position of the subject enterprise. (5) Are compiled for law enforcement purposes and which, if disclosed, would: (a) Interfere with law enforcement investigations or judicial proceedings. (b) Deprive a person of a right to a fair trial or impartial adjudication. (c) Identify a confidential source or disclose confidential information relating to a criminal investigation. (d) Reveal criminal investigative techniques or procedures, except routine techniques and procedures. (6) If disclosed, would endanger the life or safety of any person. • (7) Are interagency or intra -agency materials which are not: (a) Statistical or factual tabulations or data. (b) Instructions to staff that affect the public. 7302 6-25-96 § 73-2 RECORDS, PUBLIC ACCESS TO § 73-3 (c) Final agency policy or determinations. (d) External audits, including but not limited to audits performed by the comptroller and the federal government. [Added 5-14-1996 by L.L. No. 5-19961 • (8) Are examination questions or ' answers which are requested prior to the final administration of such questions. (9) Are computer access codes. [Added 5-14-1996 by L.L. No. 5-19961 B: Each town agency shall maintain the following: (1) A record of the final vote of each member in every agency proceeding in which the member votes. (2) A record setting forth the name, public office address, title and salary of every officer or employee of the agency. (3) A reasonably detailed current list by subject -matter of all records in the possession of the agency, whether or not available under Article 6 of the Public Officers Law. § 73-3. Designation of records access officer; duties. A. The Town Board does hereby designate the Town Clerk as records access officer who shall have the duty of coordinating agency response to public requests for access to records. Such designation of the records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so. B. The records access officer is responsible for assuring that town personnel: (1) Maintain an up-to-date subject matter list. 7303 6-25-96 § 73-3 SOUTHOLD CODE § 73-5 (2) Assist the requester in identifying requested records, if necessary. (3) Upon locating the records, take one (1) of the following actions: (a) Make records available for inspection. (b) Deny access to the records in whole or in part • and explain in writing the reasons therefor. (4) Upon request for copies of records: (a) Make a copy available upon payment or offer to pay established fees, if any. (b) Permit the requester to copy those records. (5) Upon request, certify that a record is a true copy. (6) Upon failure to locate records, certify that: (a) The town agency is not the custodian for such records, or (b) The records of which the town agency is a custodian cannot be found after diligent search. § 73-4. Designation of records location. Each town agency shall designate the locations where records shall be available for public inspection and copying. § 73-5. Hours for public inspection. A. Each town agency shall accept requests for public access to records and produce records during all hours they are regularly open for business. B. In town agencies which do not have daily regular business hours, a written procedure shall be established by which a person may arrange an appointment to inspect and copy records. Such procedure shall include the name, position, address and phone number of the 7304 6-25-96 § 73-5 RECORDS, PUBLIC ACCESS TO § 73-7 party. to be contacted for the purpose of making an appointment. § 73-6. Requests for access. A. A town agency may require that a request be made in writing or may make records available upon oral request. B. A town agency shall respond to any request reasonably describing the record or records sought within five (5) business days of receipt of the request. C. A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought. D. If the town agency does not provide or deny access to the record sought within five (5) business days of receipt of a request, the agency shall furnish a written acknowledgment of receipt of the request and a -- statement of the approximate date when the request will be granted or denied. If access to records is neither granted nor denied within ten (10) business days after the date of acknowledgment of receipt of a request, the request may be construed as a denial of access that may be appealed: § 73-7. Maintenance of list of records by subject matter. A. Each town agency shall maintain a reasonably detailed current list by subject matter of all records in its possession, whether or not records are available pursuant to Subdivision 2 of § 87 of the Public Officers Law. B. The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought. 7305 6-25-96 § 73-7 SOUTHOLD CODE § 73-8 C. The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list. § 73-8. Denial of access; appeals. A. The Town Board shall hear appeals or shall designate a • person or body to hear appeals regarding denial of access to records under the Freedom of Information Law. B. Denial of access shall be in writing stating the reason therefor and advising the person denied access of his or her right to appeal to the person or body established to hear appeals, and that person or body shall be identified by name, title, business address and business telephone number. The records access officer- shall not be the appeals officer. C. If a town agency fails to respond to a request within five (5) business days of receipt of a request as required in § 73-6 hereof, such failure shall be deemed a denial of access by the agency. [Amended 5-14-1996 by L.L. No. 5-19961 D. Any person denied access to records may appeal within thirty (30) days of a denial. E. The time for deciding an appeal shall commence upon receipt of written appeal identifying the following: (1) The date and location of a request for records. (2) The records that were denied. (3) The name and return address of the appellant. F. The Town Clerk shall transmit to the Committee on Public Access to Records, copies of all appeals upon is receipt of an appeal. Such copies shall be addressed to the Committee on Public Access to Records, Department of State, 162 Washington Avenue, Albany, New York 12231. 7306 6-25-96 § 73-8 RECORDS, PUBLIC ACCESS TO § 73-9 G. The Town Board or the person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of its determination in writing, within ten (10) business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section. [Amended 5-14-1996 by • L.L. No. 5-19961 H. A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules. § 73-9. Fees. Except when a different fee is otherwise prescribed by law: A. There shall be no fee charged for the following: (1) Inspection of records. (2) Search for records. (3) Any certification pursuant to these rules. B. A town agency shall charge a fee for copies of records as follows: (1) The fee for copying records shall be twenty-five cents ($0.25) per page for photocopies not_.exceeding nine by fourteen (9 x 14) inches. (2) In town agencies which do not have photocopying equipment, a transcript of the requested records shall be made upon request. Such transcripts may either be typed or handwritten. In such cases, the person requesting records may be charged for the clerical time involved in making the transcript. (3) The fee for copies of records not covered by Subsection B(1) and. (2) of this section shall not exceed the actual reproduction cost, which is the 7307 6-25-96 § 73-9 SOUTHOLD CODE § 73-10 average unit cost for copying a record, excluding fixed costs of the agency such as operator salaries. § 73-10.. Public notice required. Each town agency shall publicize by posting in a conspicuous location and/or by publication in a local newspaper of general circulation: A. The location where records shall be made available for inspection and copying. B. The name, title, business address and business telephone number of the designated records access officer. C. The right to appeal by any person denied access to a record and the name and business address of the person or body to whom an appeal is to be directed. 7308 6-25-96 • •