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Home My WebLink About1992 Code Supplement - 06/25/1992GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 73 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. Legislation included in this supplement (if any) is noted at the end of these instructions. • The page numbers should always correspond with this list. REMOVE INSERT 4803 -4804 4803 -4804 4811 -4812 4811 -4812 6903 -6904 6903 -6904 A10703 - A10704 A10703 - A10704 A10704.1 A10725 - A10726 A10725 - A10726 A10726.1 - A10726.6 Do not remove pages A10727 - A10728 A10729 - A10730 A10729 - A10730 A10730.1 - A10730.6 Supplemental Index, Supplemental Index, SI-1—SI-10 SI-1—SI-11 Legislation, by number or date of adoption, included in this supplement: L.L. No. 8-1992; 9-1992; 3-10-1992; 5-5-1992. 6-25-92 § 48-1 GARBAGE, RUBBISH AND REFUSE § 48-2 RECYCLABLE WOOD [Added 2-5-1991 by L.L. No. 1- 19911: A. Clean untreated finished lumber products or remnants containing no nails or other metals; or B. Logs not greater than four (4) feet in length and six (6) inches in diameter. REFUSE — Any human, animal or vegetable refuse, offal, swill, cesspool and/or septic waste, sewage, garbage, paper, ashes, junk, trash, rubbish, waste or whatever material composed, discarded machinery or parts thereof, discarded vehicles or parts thereof and an unlicensed motor vehicle parked, stored or standing outside an enclosed building in an. inoperative condition for more than thirty (30) days. "Refuse" shall not include cans, glass, plastics or newspaper, as further defined herein. [Amended 10-9-1984 by L.L. No. 9-1984; 2- 5-1991 by L.L. No. 1-19911 REFUSE DISPOSAL AREA — The sanitary- landfill site owned and operated by the Town of Southold located'north of County Route 48 at Cutchogue, New York, and any premises designated by the Town Board as a "refuse disposal area" of the town for the disposal of refuse by the residents of the town. [Amended 10-9-84 by L.L. No. 9- 19841 RESIDENTIAL SELF -HAULERS — Those residents who transport their refuse and/or recyclables for deposit at the Town of Southold refuse disposal area. [Added 11-26-1991 by L.L. No. 27-1991] § 48-2. Dumping prohibited generally. [Amended 7-31-73] A. No person shall collect, store, accumulate, throw, cast, deposit or dispose of or cause or permit to be collected, stored, accumulated, thrown, cast,, deposited or disposed of any refuse and/or recyclable upon any premises or upon any street, highway, sidewalk or public place within the Town of Southold, except when authorized by the Town Board. [Amended 3-24-1992 by L.L. No. 9-1992] 4803 6-25-92 § 48-2 SOUTHOLD CODE § 48-3 B. Nothing contained herein shall be construed so as to prevent: (1) The temporary accumulation of refuse by a resident of the town upon premises occupied by him, to the extent that such accumulation is ordinary and necessary for his personal household requirements. (2) The disposal of refuse at any refuse disposal area is maintained or authorized by the Town of Southold. (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 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. [Amended 2-5-1991 by L.L. No. 1-19911 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. (1) Residential self -haulers and commercial self -haulers. • [Amended 11-26-1991 by L.L. No. 26-1991; 11-26- 1991 by L.L. No. 27-19911 I Editor's Note: See Ch. 54, Junkyards. 4804 6-25-92 0 § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-6 landfill site at Cutchogue, and the fees paid therefor exceed the fees provided for herein, the Town Clerk is hereby authorizes[ 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. § 48-5. Conveyance and transportation of refuse. [Amended 3- 24-1992 by L.L: No. 9-1992] 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. § 48-6. 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. 1-1991] 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: (1) For a first offense: (a) A fine of not less than one thousand dollars ($11000.) and not more than one thousand five hundred dollars ($1,500.); (b) Imprisonment for a term not exceeding ten (10) days; or (c) Community service of forty (40) hours to be per- formed within thirty (30) days of the date of sentencing. (2) For a second offense: 4811 6-25-92 § 48-6 SOUTHOLD CODE § 48-7 (a) A fine of not less than two thousand five hundred dollars ($2,500.) and not more than five thousand dollars ($5,000.); (b) Imprisonment for a term not exceeding thirty (30) days; or (c) Community service of one hundred twenty (120) hours to be performed within ninety (90) days of the date of sentencing. B. Recycling offenses and other offenses. Any person committing a recycling offense or any other offense against this chapter other than an offense of illegal dumping shall be subject to a civil penalty enforceable and collectible by the town in the amount of one hundred dollars ($100.) for each offense. Any person committing a second and/or subsequent offense within twelve (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 two hundred dollars ($200.). Such penalty shall be collectible by and in the name of the town for each day that such offense shall continue. C. 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 chapter. § 48-7. Revocation of permit and/or license. [Added 5-3-88 by L.L. No. 12-1988] A. Permits and/or licenses issued under the provisions of this chapter may be revoked by the Town Board of the Town of Southold after notice and hearing for violation of the provisions of this chapter. 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/ 4812 6-25-92 § 69-2 PEDDLERS & SOLICITORS § 69-4 SOLICITOR and/or CANVASSER — Any person who goes from place to place or house to house or stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except as hereinafter exempted, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. • TRANSIENT RETAIL BUSINESS — A retail or wholesale business conducted in a temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of public right -of --way; or in any other place for a temporary period of time. Lack of a rental or leasing agreement of three (3) months' or more duration, sealed by monetary consideration, shall be presumptive of a temporary situation. The type of merchandise being offered for sale will have no bearing on the designation. § 69-3. License required. It shall be unlawful for any peddler or solicitor to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise within the Town of Southold or to solicit or act as a solicitor from door to door within the Town of Southold without first registering with the Town Clerk of the Town of Southold as provided in this Article and obtaining the license prescribed. § 69-4. Exemptions. A. The requirements of this Article as to the payment of a license fee (but not as to registration) shall be held not to include the following persons, who are expressly exempt from its • application: (1) Any person honorably discharged from the United States Army, Navy, Air Force or Marine Corps or other corriponents of the military forces of the United States. .(2) -. Persons engaged in delivering merchandise of any nature whatsoever on regular, scheduled routes to regular costumers, including specifically but not limited to 003 6-25-92 § 69-4 SOUTHOLD CODE § 69-5 persons delivering dairy products, bread and other merchandise over such routes; and, with respect to persons mentioned in this subsection, they shall be exempt from all requirements of this Article relating to the payment of the license fee or license fees, terms and conditions. B. [Amended 3-24-1992 by L.L. No. 8-1992] This Article shall not apply to any of the following: is (1) Sales conducted pursuant to statute. (2) Sales conducted pursuant to the order by any court. (3) Any person selling personal property at wholesale to dealers in such articles. (4) The sale of fruits and vegetables raised on the property where being sold. (5) Persons soliciting, collecting or operating a sale on behalf of any local bona fide charitable, religious, patriotic or other organization of worthy cause deemed to be in the public interest and which organization is represented locally by a town resident. (6) Any person selling personal property at a garage sale held at his residence. (7) The sale of newspapers. (8) Any merchant having an established place of business within the Town of Southold. § 69-5. Permitted activities. • A. The following activities shall be the only activities which can be licensed pursuant to this Article: (1) The sale of ice cream, milk and other dairy products. (2) The sale of hot dogs, soda and other items customarily found on hot dog vending trucks. 6904 6-25-92 POLICE DEPARTMENT RULES § A107-31. Monthly report. - § A107-32. Detectives to be on call. ARTICLE VIII Members of the Department • § A107-33. Duties. ARTICLE IX General Rules § A107-34. Maintenance of order. § A107-35. Duty of Department. § A107-35.1. Pro -arrest policy. § A107-36. Patrol duty. § A107-37. Supervisory officers. § A107-35. Fitness for duty. § A107-39. Other occupations. § A107-40. Confidentiality of official business. § A107-41. Sidearms. § A107-42. Grooming. § A107-43. Sick time. § A107-43.1. Communicable/infectious diseases. • ARTICLE X Word Usage § A107-44. Definitions; word usage. A10703 6-25-92 § A107-1 SOUTHOLD CODE § A107-1 ARTICLE XI Disciplinary Action § A107-45. Types of action. ARTICLE XII Construal of Provisions § A107-46. Conflict with Police Benevolent Association agree- ments. Law Enforcement Code of Ethics [HISTORY: Adopted by the Town Board of the Town of South- old 6-4-85. Amendments noted where applicable.] Expenses — See Ch. 11. Police Department — See Ch. 18. GENERAL REFERENCES ARTICLE I Organization § A107-1. Powers and duties. The Police Department and its police members have the power and it is their duty to: A. Protect life and property. B. Prevent crime. C. Detect and arrest offenders. D. Preserve the public peace. E. Enforce all laws and ordinances over which the Police De- partment has jurisdiction. A10704 6-25-92 § A107-2 POLICE DEPARTMENT RULES § A107-2 § A107-2. Chief of Police. The Chief of Police is the chief executive of the Police Department, subject to the rules and regulations prescribed by the Town Board. The government and control of the Police Department and its mem- bers is vested in the Chief of Police. The Chief of Police shall be appointed by the Town Board of the Town of Southold to exercise • command of the Police Department and its members. (See Article 10 of the Town Law.) E (Cont'd on page A10705) A10704.1 6-25-92 § A107-33 POLICE DEPARTMENT RULES § A107-34 (c) One of the major functions of the court liaison offi- cer is to coordinate the appearance of police officers so that minimum duty time is spent waiting in court. He shall coordinate as necessary with both the court and the supervisor of the duty squad. The supervisor shall take steps to assure the appearance of the needed officer as quickly as possible after be- ing notified the officer's presence is needed in court. (d) Officers will leave the court immediately upon com- pletion of their testimony and after determining that their further presence is no longer necessary. Officers not on duty will fill out a form PDTS-105 (report of overtime) and have it signed by either the Judge or the court clerk. The court liaison officer will, in addition to his other duties, see that officers do not remain in the court any longer than is necessary. (e) Officers will wear either the appropriate uniform of the day or, if off duty, appropriate civilian clothes. Appropriate civilian clothing must be clean and neat and (for male officers) shall mean a shirt with tie and a suit or slacks and sport coat. Clothing should not be excessively loud in design or color. Leisure attire or workclothes are not considered appropriate attire for court. The court liaison offi- cer shall report noncompliance with this regulation to the Chief of Police in writing. ARTICLE IX General Rules 0 § A107-34. Maintenance of order. All members of the Police Department shall be subject to these rules and regulations. Members of the Department are not merely employees but are officers of this state and town charged with specif- ic duties in maintaining public order and administering justice. A10725 6-25-92 § A107-35 SOUTHOLD CODE § A107-35.1 § A107-35. Duty of Department. It is the duty of the Police Department and the members of the Department all times of the day and night to protect life and proper- ty, prevent crime, detect and arrest offenders, preserve the public peace and enforce all laws and ordinances over which the Police De- partment has jurisdiction. § A107-35.1. Pro -arrest policy. [Added 5-5-1992] 0 A. Purpose. The purpose of this section is to set forth a policy which clearly delimits the actions to be undertaken by police agencies and which call for the immediate arrest of persons suspected of committing a violent offense against a member of the same family/household. B. Definitions. As used in this section, the following terms shall have the meanings indicated: COMPLAINANT — Any of the following: spouse, parent, child or any member of a household, persons not married but living together in an intimate relationship, persons not married but formerly living together, same-sex couples and intimate dating partners. FAMILY/HOUSEHOLD — Persons legally married to one another, persons related by blood or marriage, persons formerly married to one another or persons having a child in common regardless of whether they have been married or lived together at any time. FAMILY OFFENSE = Any act which may constitute or be defined as disorderly conduct, harassment, menacing, reckless endangerment, assault (any degree) or attempted assault between spouses, between parent and child or between members of the same family or household, all of such conduct as defined under the Penal Law of the State of New York. For the purposes of this definition, disorderly conduct includes acts amounting to disorderly conduct not committed in a public place. A10726 6-25-92 § A107-35.1 POLICE DEPARTMENT RULES § A107-35.1 ORDER OF PROTECTION — An order issued by a local Criminal Court, a Family Court, a District Court or a Supreme Court requiring compliance with specific conditions of behavior, hours of visitation and any other condition deemed appropriate by the court issuing said document. Any violation of an "order of protection" will subject the violator to immediate arrest. PROBABLE CAUSE — A combination of facts, viewed through the eyes of a police officer, which would lead a person of reasonable caution to believe that a family offense is being committed or has been committed. "Probable cause" means the same thing as "reasonable cause to believe" and "reason- able grounds to believe." C. Procedure. (1) Where a police officer responds to the scene of a domestic disturbance but lacks reasonable cause to make an arrest, and where no civilian arrest is being made, the officer shall remain at the scene until the officer is satisfied that any immediate danger of violence has passed and the officer has exhausted all appropriate options to protect and assist the victim or any potential victim. (2) Whenever a police officer responds to a report of a domestic disturbance, whether an arrest is made or not, the officer shall fill out a domestic disturbance report, PDTS-130, in addition to filling out a field report. (3) Whenever a police officer responds to a report of a domestic disturbance, whether an arrest is made or not, the officer shall obtain the name, date of birth and address of any children less than eighteen (18) years of age who are the issue of a victim or suspect, whether they reside on the premises or not. Where there is reasonable • cause to suspect that any child mentioned in said report may be the victim of child abuse, neglect or any other maltreatment, the Southold Town Police Department Juvenile Aid Officer shall be notified immediately. (4) Offenses committed by people in the following relation- ships shall be covered by this order as to when and how A10726.1 6-25-92 § A107-35.1 SOUTHOLD CODE § A107-35.1 arrests are made, but are not family offenses and therefore can only be adjudicated in Criminal Court: (a) Persons who are not legally married but who live together in a family relationship. (b) Persons who are not legally married but formerly lived together in a family relationship. (5) At the scene of a domestic disturbance where an offense has occurred, before proceeding with any action concern- ing a family offense, the complainant must be advised of the court options open to him or her and the right to make a civilian arrest. In all cases where a physical arrest is made, the defendant will be taken to Southold Town Justice Court. If the complainant chooses the family court forum, the Justice Court must be advised by the complainant within seventy-two (72) hours. In situations where the offenses are not family offenses, the only court option available is Criminal Court. (6) Determination of crime; charges. (a) A police officer who responds to a domestic distur- bance and finds that there is evidence of a family offense or offense between members of a household and said offense is'a crime, the officer shall not attempt to reconcile the parties or mediate but shall arrest the offender even if the victim requests otherwise. (b) A police officer who responds to a domestic distur- bance and finds that a family offense or offense between members of a household has been commit- ted in the officer's presence shall arrest the offender. When the violation has not been committed in the officer's presence, he shall inform the victim out of • the presence of the suspect (whenever possible) of the victim's right to make a civilian arrest pursuant to § 140.30 of the Criminal Procedure Law. If the victim requests a civilian arrest, the officer shall effect and process the arrest. A10726.2 6-25-92 § A107-35.1 POLICE DEPARTMENT RULES § A107-35.1 (c) When an arrest is made, whether a summary arrest due to necessity or civilian arrest, regardless of the forum chosen, Criminal or Family Court, the defendant will be charged criminally in Justice Court. Once an arrest is made, the complainant has seventy-two (72) hours from the filing of the complaint with the court to change courts. • D. Orders of protection. (1) The presentation of a Family, Ciminal or Supreme Court order of protection to a member of the police force by the petitioner, or knowledge that such an order exists, constitutes authority to take the person named therein (the respondent) into custody for an alleged violation of the terms. If probable cause exists that the respondent violated the terms of the order of protection, an arrest must be made. There will be no attempts to reconcile or mediate the situation. (2) When a respondent is taken into custody for a violation of an order of protection, he will be charged with that violation, (i.e., violation order of protection, Family Court - VOPF or violation order of protection, Criminal Court - VOPC). A respondent may also be charged with indepen- dent offenses, as appropriate. Upon his taking the respondent into custody, the arresting officer will attempt to have the petitioner sign a civilian arrest form. The petitioner's signature documents his or her understanding of the responsibilities and consequences of an arrest. If the petitioner is incapable or refuses to sign a civilian arrest form and probable cause exists that the respondent violated the order of protection, an arrest must neverthe- less be made. i(3) In a situation where the respondent is not at the scene (although a respondent may be taken into custody at any place, not only at the scene of the alleged violation), the police officer will advise the petitioner of the following -options, depending on which order of protection applies: A10726.3 6-25-92 § A107-35.1 SOUTHOLD CODE § A107-35.1 (a) Family court order of protection: The petitioner can respond to the Probation Department Intake Unit and file a petition, charging a violation of order of protection or may proceed pursuant to Subsection D(3Xb). (b) Criminal court order of protection: The petitioners can respond to police headquarters and file a • complaint (CR. Contempt 2nd) in accordance with existing laws and procedures. The foregoing is subject to warrant requirement, (Payton v. New York) (4) The period of time in which orders of protection are in effect is calculated from the date of issuance of the order of protection and/or the time period as indicated on the order. This period, in months, is noted on the order of protection or, in some instances, the phrase "until further order of the court" may be noted. When this quoted phrase is indicated on the order, it is in effect indefinitely until voided by the court. (5) A respondent taken into custody for an alleged violation of an order of protection may be admitted to bail by the Family Court or by any Criminal Court but never bailed by police personnel. E. General provisions. (1) When an officer makes no arrest in response to a complaint of a family offense, or offense between members of a household expanded definition as per Subsection C(4) prior to the completion of the tour of duty, the officer shall prepare a detailed written report setting forth the reasons why no arrest was made: This report shall be filed with and reviewed by the Supervis- ing Sergeant who was on duty at the time of the incident. Incidents of noncompliance with this order shall be reported to the Chief of Police by the officer's Supervising Sergeant. A10726.4 6-25-92 § A107-35.1 POLICE DEPARTMENT RULES § A107-35.1 (2) The officer shall not use any of the following reasons for failing to make an arrest. (a) That the suspect lives, on the premises with the victim. (b) That there may be a financial consequence caused by the arrest. (c) That the suspect has left the premises or is willing to do so. (d) That the suspect and victim are married or had a prior or existing cohabitating relationship. (e) That the victim has made prior calls or is a chronic caller. (f) That the suspect gives verbal assurance that no harm shall occur to the victim. (g) That the alleged injury is minor or not visible. (h) That the officer feels that the victim may not cooperate in subsequent proceedings. (i) That prosecution or conviction may not occur even though there exists reasonable cause to arrest. F. Accusatory instrument; protection of identity of victim. (1) An accusatory instrument that charges a defendant in a criminal proceeding with any offense listed below will have a, description of the relationship between the defendant and the victim indicated on the upper right- hand corner of the accusatory instrument in the following form: Defendant: .................................. Relationship to Alleged Victim Alleged Victim: .................................. Relationship to Defendant A10726.5 6-25-92 § A107-35.1 SOUTHOLD CODE § A107-38 (2) Where protection of the identity of a victim of an offense is required by law or otherwise is deemed appropriate, and where placement of the designation or relationship on the accusatory instrument would tend to identify the victim, the officer shall file a separate statement annexed to the accusatory instrument, alerting the court of the defendant's relationship to the victim. Such statement shall not be made available to the public. • § A107-36. Patrol duty. A police officer regularly performing patrol duty shall proceed to his designated sector or relieving point without unnecessary delay, inspect his post immediately, remain constantly alert and observant, note any condition therein requiring police attention and take ap- propriate action. He is charged with the enforcement of all laws and ordinances; the proper condition and maintenance of departmental equipment, traffic control equipment of all types, streetlights, public highway, curb and sidewalk conditions within the boundaries of the post or sector of which he is assigned; he shall promptly report through official channels any condition requiring attention and shall provide safeguards when necessary. § A107-37. Supervisory officers. A supervisory officer, when on patrol, is charged with the en- forcement of all laws and ordinances and the enforcement of these rules and regulations. He is charged with the proper condition and maintenance of departmental equipment, traffic control equipment of all types, streetlights, public highway, curb and sidewalk condi- tions, within the command to which he is assigned, and he shall promptly report through official channels any condition requiring attention and shall provide safeguards when necessary. 0 § A107-38. Fitness for duty. A member of the Department shall be fit for duty and subject to duty at all times except when on sick leave. (Cont'd on page A10727) A10726.6 6-25-92 § A107-43 POLICE DEPARTMENT RULES § A107-43.1 possible upon making such a determination in order that a replacement may be obtained if necessary. In no event shall an employee make such notification less than two (2) hours prior to the time at which he is required to report for duty. In the case of civilian clerical employees, such notification shall be made no less than one (1) hour prior to the time at which he is required to report for duty. • B. The Chief of Police shall have the authority to require addi- tional information and certification relative to sick -time re- quests in such form as he deems necessary. C. A member of the Department who is sick is assumed to be either at home or in the hospital or a doctor's office receiving treatment. Since the municipality pays the member for such sick time, it has the right to determine if such sick time is justified. Accordingly, the Department reserves the right to call or have its representative visit the residence of the member when such member is on sick call. D. Any member who is absent from duty for illness or injury, regardless of the duration, shall complete a form PDTS-109 (affirmation relative to illness or injury) and submit such form upon his return to duty. E. Notwithstanding any of the foregoing provisions, the Chief of Police shall have the right to require that the employee pre- sent himself to a physician acting at the request of the Chief of Police for the purpose of an examination. Such examina- tion shall be a charge against the Town of Southold. F. The failure of a member to comply with the above provisions could lead to a forfeiture of pay for such sick days. • § A107-43.1. Communicable/infectious diseases. [Added 3-10- 1992] A. Purpose. The purpose of this section is to provide guidelines for members of this Department in preventing the contraction of communicable diseases. . A10729 6-25-92 § A107-43.1 SOUTHOLD CODE § A107-43.1 B. Policy. It is the responsibility of this Department to ensure that its members are able to perform their duties in a safe and effective manner. The safe performance of daily operations has recently become threatened by life -endangering communica- ble diseases. Therefore, it shall be the policy of this Depart- ment to continuously provide employees with up-to-date safety procedures and communicable disease information that will assist in minimizing potential exposure while increasing their understanding of the nature and potential risks of communica- ble diseases. C. Definitions. As used in this section, the following terms shall have the meanings indicated: BODY FLUIDS — Liquid secretions including blood, semen and vaginal or other secretions that might contain these fluids, such as saliva, vomit, urine or feces. COMMUNICABLE DISEASE — Those infectious illnesses that are transmitted through contact with the body fluids of an infected individual. D. Procedures. (1) Communicable disease prevention. (a) In order to minimize potential exposure to communi- cable diseases, officers should assume that all persons are potential carriers of a communicable disease. (b) Disposable gloves shall be worn when handling any persons, clothing or equipment with body fluids on them. (c) Masks, protective eyewear and coveralls shall be worn where body fluids may be splashed on the officer. • (d) Plastic mouthpieces or other authorized barrier resuscitation devices shall be used whenever an officer performs CPR or mouth-to-mouth resuscita- tion. A10730 6-25-92 § A107-43.1 POLICE DEPARTMENT RULES § A107-43.1 (e) All sharp instruments such as knives, scalpels and needles shall be handled with extraordinary care and should be considered contaminated items. [1] Leather gloves shall be worn when searching for or handling sharp instruments. [2] Officers shall not place their hands in areas where sharp instruments might be hidden. An initial visual search of the area should be conducted with a flashlight when necessary. The suspect may also be asked to remove such objects from his person. [3] Needles shall not be recapped, bent, broken, removed from a disposable syringe or otherwise manipulated by hand. [4] Needles shall be placed in a puncture -resistant container when being collected for evidentiary or disposal purposes. (f) Officers shall not smoke, eat, drink or apply makeup around body -fluid spills. (g) Any evidence contaminated with body fluids will be dried, double bagged in plastic bags and marked to identify potential or known communicable disease contamination. (2) Transport and custody. (a) Where appropriate protective equipment is avail- able, no officer shall refuse to arrest or otherwise physically handle any person who may have a communicable disease. (b) Officers shall not put their fingers in or near any person's mouth. (c) Individuals with body fluids on their persons shall be transported in separate vehicles from other individ- uals. The individual may be required to wear a suitable protective covering if he is bleeding or otherwise emitting body fluids. : .._ :x10730.1 6-25-92 § A107-43.1 SOUTHOLD CODE § A107-43.1 (d) Officers have an obligation to notify relevant support personnel during a transfer of custody when the suspect has stated that he has a communicable disease. (e) Suspects taken into custody with body fluids on their person shall be directly placed into a cell for processing. All subsequent questioning or processing - will be conducted in this area as to minimize potential threat to fellow officer or the public. (f) Officers shall document on the appropriate arrest or central complaint (CC) when a suspect taken into custody has body fluids on his person or has stated that he has a communicable disease. (3) Disinfection. (a) Any unprotected skin surface that comes into contact with body fluids shall be immediately and thor- oughly washed with hot running water and soap for fifteen (15) seconds before rinsing and drying. [1] Alcohol or antiseptic towelettes may be used where soap and water are unavailable. [2] Disposable gloves should be rinsed before removal. The hands and forearms should then be washed. [3] Hand lotion should be applied after disinfection to prevent chapping and to seal cracks and cuts on the skin. [4] All open cuts and abrasions shall be covered with waterproof bandages before reporting for duty. (b) Officers should remove clothing that has been contaminated with body fluids as soon as practical. Any contacted skin area should then be cleansed in the prescribed fashion. Contaminated clothing should be handled carefully and laundered in the normal fashion. A10730.2 6-25-92 § A107-43.1 POLICE DEPARTMENT RULES § A107-43.1 (c) Disinfection procedures shall be initiated whenever body fluids are soiled or an individual with body fluids on his person is transported in a department vehicle. [1] A supervisor shall be notified and the vehicle put out of service to be properly cleaned and • disinfected. [2] If, due to manpower constraints, the contami- nated vehicle cannot be cleaned immediately, the supervisor will direct that the vehicle be locked and secured to prevent accidental contamination by the public or other members of the Department. [3] Service personnel (Tidy Car) shall remove any excess body fluids from the vehicle with an absorbent cloth, paying special attention to any cracks, crevices or seams that may be holding excess fluid. [4] The affected area should be disinfected using hot water and detergent or alcohol and allowed to air dry. [5] After completing the above procedures, the vehicle will then be taken to the car wash as a final precaution. (d) Nondisposable equipment and areas upon which body fluids have been spilled shall be disinfected as follows: [1] Any excess of body fluids should first be wiped up with approved disposable absorbent materi- als. [2] A freshly prepared solution of one (1) part bleach to ten (10) parts water or a fungicidal/ mycrobactericidal disinfectant shall be used to clean the area or equipment. A10730.3 6-25-92 § A107-43.1 SOUTHOLD CODE § A107-43.1 (e) All disposable equipment, cleaning material or evidence contaminated with body fluids shall be bagged and disposed of at Eastern Long Island Hospital in compliance with New York State law for disposal of biologically hazardous waste material. (4) Supplies. (a) The Department will be responsible for continuously • maintaining and storing adequate amounts of communicable disease control supplies. (b) Protective gloves, other first aid supplies and disinfecting materials will be made readily available at all times by the Department. (c) All departmental vehicles shall be continuously stocked with the following communicable disease control supplies: [1] Clean robes in appropriate sizes. [2] Disposable gloves and leather gloves. [3] Puncture -resistant containers and sealable plastic bags. [4] Barrier resuscitation equipment, goggles and masks. [5] Liquid germicidal cleaner. [6] Disposable towelettes [seven hundred nine percent (709%) isopropyl alcohol]. [7] Waterproof bandages. [8] Absorbent cleaning materials. (d) Officers using supplies stored in police vehicles are responsible for their immediate replacement. (e) Officers are required to keep disposable gloves in their possession. (5) Line -of -duty exposures to communicable diseases. A10730.4 6-25-92 § A107-43.1 POLICE DEPARTMENT RULES § A107-44 (a) Any officer who has been bitten by a person or who has had physical contact with body fluids of another person while in the line of duty shall be considered to have been exposed to a communicable disease. (b) A supervisor shall be contacted, and all appropriate duty injury and medical forms shall be completed. (c) Immediately after exposure, the officer shall be transported to the appropriate health-care facility (Eastern Long Island Hospital) for clinical and serological testing for evidence of infection. [1] The Department shall ensure continued testing of the officer for evidence of infection and provide psychological counseling as determined by the health-care official. [2] The Department may require an employee to be examined by a physician to determine if he is able to perform his duties without hazard to himself or others. (d) All personnel shall treat employees who have contracted a communicable disease fairly, courteous- ly and with dignity. (6) Recordkeeping. The Department shall maintain written records of all incidents involving employees who have potentially been exposed to a communicable disease while acting in the line of duty. The records shall be stored in a secured area with limited access and maintained in conformance with applicable privacy laws. • ARTICLE X Word Usage § A107-44. Definitions; word usage. A. Word usage. Words used in the present tense include the fu- ture; the singular number includes the plural, and the plural the singular; the masculine gender includes the feminine A10730.5 6-25-92 § A107-44 SOUTHOLD CODE § A107-44 gender, and the feminine the masculine; the word "person" includes a corporation, partnership or any other entity; the word "shall" is mandatory. B. Unless otherwise expressly stated, the following terms shall, for the purpose of these rules and regulations, have the mean- ing herein indicated. DEPARTMENT — The Police Department of the Town of Southold, as established by the Town Board by Local Law No. 2-1964, enacted on September 29, 1964.1 LAWS and ORDINANCES — Those laws, both state and local, and ordinances, the enforcement of which is the respon- sibility of the Police Department. MEMBER — Any employee of the Department, including civilian employees of the Department. OFF DUTY — All hours, other than when on duty. OFFICER — A member of the Police Department possessing police powers. ON DUTY — Hours specifically assigned to a member or any time involved serving during a police emergency even though a member was not specifically assigned. PROFESSIONAL — Conduct in accordance with the tenets of the Law Enforcement Code of Ethics, which is incorporat- ed herein and made a part of these rules. REGULATION EQUIPMENT — Equipment which meets specifications established by a department order. SUPERIOR OFFICER — A person holding a higher super- visory or command position. SUPERVISORY OFFICER — Any member, other than the Chief of Police, who is authorized to direct the activity of others. TOWN BOARD — The Town Board of the Town of Southold. (Cont'd on page A10731) I Editor's Note: See Ch. 18, Police Department. A10730.6 6-25-92 SOUTHOLD SUPPLEMENTAL INDEX —A— ADMINISTRATOR 37-6 Coastal erosion hazard area ........................ 37-42 Defined.......................................... 37-6 Powers and duties ................................ 37-42 AGRICULTURAL LAND PRESERVATION 32-32.1 Land Preservation Committee ..................... 25-50 APARTMENT • Defined .......................................... 100-13 APARTMENT HOUSE 100-252 Defined .......................................... 100-13 APPEALS 32-31 Coastal erosion hazard area ........................ 37-35,37-36 APPOINTMENTS Land Preservation Committee ..................... 25-50,59-50 —B— BEACH Defined.......................................... 37-6 BLUFF 48-1 Defined.......................................... 37-6 BOATS, DOCKS AND WHARVES 69-1 Ramps........................................... 32-32.1 BODY FLUIDS Defined .......................................... A107-43.1 BONDS 100-252 Coastal erosion hazard area ........................ 37-41 BOWRIDING 32-31 Defined .......................................... 32-31 BUILDING PERMITS Site plan approval ................................ 100-252 —C— CANS Defined .......................................... 48-1 CANVASSERS Defined .......................................... 69-1 See also PEDDLERS, SOLICITORS AND TRAN- `�SIENT RETAIL MERCHANTS CERTIFICATE OF OCCUPANCY Site'plarn approval ................................ 100-252 CHANNEL SYSTEM Defined .......................................... 32-31 SI -1 6-25-92 SOUTHOLD SUPPLEMENTAL INDEX _C_ COASTAL EROSION HAZARD AREA Administration and enforcement ................... 37-40 — 37-49 Administrator .................................... 37-42 Amendments ..................................... 37-50, 37-51 Appeals .......................................... 37-35, 37-36 Applicability ..................................... 37-20 Beach area ....................................... 37-15 Bluff area ........................................ 37-17 Bonds............................................ 37-41 Certification ...................................... 37-51 Coastal Erosion Hazard Board of Review ........... 37-34 Conflicts ......................................... 37-44 Definitions ....................................... 37-6 Dune area ........................................ 37-16 Emergency activity ............................... 37-20 — 37-29 Enactment ....................................... 37-1 Environmental review ............................. 37-46 Erosion protection structures ...................... 37-18 Establishment .................................... 37-10 Fees............................................. 37-32 Findings ......................................... 37-5 General provisions ................................ 37-1-37-9 Interpretation .................................... 37-43 Near shore area .................................. 37-14 Notices .......................................... 37-21, 37-22 Penalties for offenses .............................. 37-47 Permits .......................................... 37-11, 37-12, 37-40 Procedure ........................................ 37-50 Purpose .......................................... 37-4 Regulations ...................................... 37-10 — 37-19 Structural hazard area ............................ 37-13 Title............................................. 37-2 Traffic control .................................... 37-19 Variances ........................................ 37-30 — 37-39 COASTAL EROSION HAZARD AREA MAP Defined .......................................... 37-6 COASTAL EROSION HAZARD AREAS Fees............................................. 37-40 COASTAL EROSION HAZARD BOARD OF RE- VIEW Coastal erosion hazard area ........................ 37-34 COASTAL WATERS Defined .......................................... 37-6 COASTLINE Defined .......................................... 37-6 SI -2 6-25-92 is SOUTHOLD SUPPLEMENTAL INDEX _C_ COLLAPSED BUILDINGS, see UNSAFE BUILD- INGS COMMUNICABLE DISEASE Defined .......................................... A107-43.1 COMMUNICABLE/INFECTIOUS DISEASES Definitions ....................................... A107-43.1 Line -of -duty exposures ............................ A107-43.1 • ............ Notices..............................A107-43.1 Police Department rules and regulations A10743.1 Policy ............................................ A107-43.1 Procedures ....................................... A107-43.1 Purpose .......................................... A107-43.1 Records .......................................... A107-43.1 Supplies ......................................... A107-43.1 COMPLAINANT Defined .......................................... A107-35.1 Elm DEBRIS LINE Defined .......................................... 37-6 DEFINITIONS Administrator .................................... 37-6 Apartment ....................................... 100-13 Apartment house ................................. 100-13 Beach............................................ 37-6 Bluff............................................ 37-6 Body fluids ....................................... A107-43.1 Bowriding....................................... 32-31 Cans............................................. 48-1 Canvassers ....................................... 69-1 Channel system ................................... 32-31 Coastal Erosion Hazard Area Map ................. 37-6 Coastal waters .................................... 37-6 Coastline......................................... 37-6 Communicable disease ............................ A107-43.1 Complainant ..................................... A107-35.1 Debris line ....................................... 37-6 Dune............................................ 37-6 Erosion .......................................... 37-6 Erosion hazard area .............................. 37-6 Erosion protection structure ....................... 37-6 Existing structure ................................ 37-6 Family/household................................. A107-35.1 Family offense .................................... A107-35.1 SI -3 6-25-92 SOUTHOLD SUPPLEMENTAL INDEX am Fraternal organization ............................ 100-13 Glass............................................ 48-1 Grading .......................................... 37-6 Habitable floor area .............................. 100-13 Home professional office ........................... 100-13 Living area ...................................... 100-13 Major addition .................................... 37-6 Mean low water .................................. 37-6 Moveable structure ............................... 37-6 Natural protective feature ......................... 37-6 Natural protective feature area .................... 37-6 Nearshore area ................................... 37-6 Newspaper ....................................... 48-1 Normal maintenance .............................. 37-6 Order of protection ............................... A107-35.1 Peddler .......................................... 69-1 Person ........................................... 37-6,69-1 Plastics .......................................... 48-1 Primary dune .................................... 37-6 Probable cause ................................... A107-35.1 Receding edge .................................... 37-6 Recession rate .................................... 37-6 Recyclable ....................................... 48-1 Recyclable wood .................................. 48-1 Regulated activity ................................ 37-6 Restoration ....................................... 37-6 Secondary dune .................................. 37-6 Significant fish and wildlife habitat ................ 37-6 Solicitors ......................................... 69-1 Structural hazard area ............................ 37-6 Structure ........................................ 37-6 Toe.............................................. 37-6 Transient retail business ........................... 69-1 Unregulated activity .............................. 37-6 Vegetation ....................................... 37-6 DRAINAGE Site plan approval ................................ 100-252 DUNE Defined .......................................... 37-6 DUST Peddlers, solicitors and transient retail merchants ... 69-10 SI -4 6-25-92 • C SOUTHOLD SUPPLEMENTAL INDEX —E— EMERGENCIES Coastal erosion hazard area ........................ 37-20 — 37-29 EROSION Defined .......................................... 37-6 EROSION HAZARD AREA Defined.......................................... 37-6 EROSION PROTECTION STRUCTURE 37-40 • Defined .......................................... 37-6 EXISTING STRUCTURE 100-256 Defined .......................................... 37-6 —F— FAMILY/HOUSEHOLD Defined .......................................... A107-35.1 FAMILY OFFENSE Defined .......................................... A107-35.1 FEES Coastal erosion hazard area ........................ 37-32 Coastal erosion hazard areas ....................... 37-40 Peddlers, solicitors and transient retail merchants ... 69-4,69-9 Site plan approval ................................ 100-256 FRATERNAL ORGANIZATION Defined.......................................... 100-13 —G— GLASS Defined .......................................... 48-1 GRADING Defined .......................................... 37-6 GUARANTIES Site plan approval ............................... 100-254 • —H— HABITABLE FLOOR AREA Defined ....................................... 100-13 HEARINGS Peddlers, solicitors and transient retail merchants ... 69-11 Site plan approval ................................ 100-254 HIGHWAY SPECIFICATIONS Construction specifications ......................... A108-15.1 p ` SI -5 6-25-92 SOUTHOLD SUPPLEMENTAL INDEX —H— HOME PROFESSIONAL OFFICE Defined .......................................... 100-13 Noise............................................ 100-31 Setbacks ......................................... 100-31 Signs............................................ 100-31 Storage .......................................... 100-31 Zoning ........................................... 100-31 —I— INVESTIGATIONS Peddlers, solicitors and transient retail merchants ... 69-7 —L— LAND PRESERVATION COMMITTEE Agricultural land preservation ..................... 25-50 Appointments .................................... 25-50,59-50 Membership ...................................... 25-50, 59-50 Open space preservation ........................... 59-50 Powers and duties ................................ 25-50, 59-50 Terms of office ................................... 25-50, 59-50 LANDSCAPING Site plan approval ................................ 100-252 LICENSES Peddlers, solicitors and transient retail merchants ... 69-1-69-13 LIGHTING Site plan approval ................................ 100-252 LIVING AREA Defined.......................................... 100-13 —M— MAJOR ADDITION Defined .......................................... 37-6 MEAN LOW WATER Defined.......................................... 37-6 MEMBERSHIP - Land Preservation Committee ..................... 25-50, 59-50 -. MERCHANTS, see PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MERCHANTS MOVEABLE STRUCTURE Defined.......................................... 37-6 SI -6 6-25-92 • 0 SOUTHOLD SUPPLEMENTAL INDEX —N— NATURAL PROTECTIVE FEATURE Defined.......................................... 37-6 NATURAL PROTECTIVE FEATURE AREA Defined.......................................... 37-6 NEARSHORE AREA Defined.......................................... 37-6 NEWSPAPER Defined.......................................... 48-1 NOISE Home professional office ........................... 100-31 Peddlers, solicitors and transient retail merchants ... 69-10 NORMAL MAINTENANCE Defined.......................................... 37-6 NOTICES Coastal erosion hazard area ........................ 37-21, 37-22 Communicable/infectious diseases .................. A107-43.1 Pro -arrest policy .................................. A107-35.1 Site plan approval ................................ 100-254 —O— OBSTRUCTIONS Peddlers, solicitors and transient retail merchants ... 69-10 OFF-STREET PARKING AND LOADING Site plan approval ................................ 100-252 OPEN SPACE PRESERVATION Land Preservation Committee ..................... 59-50 ORDER OF PROTECTION Defined .......................................... A107-35.1 _P_ PEDDLER Defined.......................................... 69-1 PEDDLERS, SOLICITORS AND TRANSIENT RE- TAIL MERCHANTS Canvassing for religious purposes .................. 69-14 Definitions ....................................... 69-2 Dust............................................. 69-10 Exemptions ........................................ 69-4 Fees ............................................. 69-4,69-9 Hearings ......................................... 69-11 Investigations ..................................... 69-7 Legislative intent ................................. 69-1 c r; - 'SI -7 6-25-92 SOUTHOLD SUPPLEMENTAL INDEX _P_ Licenses .......................................... Noise............................................ Obstructions ...................................... Penalties for offenses .............................. Permitted activities ............................... Records .......................................... Registration ...................................... Restrictions ...................................... Sales............................................ Signs............................................ Vehicles.......................................... PENALTIES FOR OFFENSES Coastal erosion hazard area ........................ Peddlers, solicitors and transient retail merchants ... PERMITS Coastal erosion hazard area ........................ PERSON Defined.......................................... PLASTICS Defined.......................................... POLICE DEPARTMENT RULES AND REGULA- TIONS Communicable/infectious diseases .................. Pro -arrest policy .................................. POWERS AND DUTIES Administrator .................................... Land Preservation Committee ..................... PRIMARY DUNE Defined.......................................... PRO -ARREST POLICY Accusatory instrument ............................ Definitions ....................................... General provisions ................................ Notices ........................... Orders or protection .............................. Police Department rules and regulations ............ Procedure ........................................ Protection of identity of victim ..................... Purpose.......................................... PROBABLE CAUSE Defined.......................................... 69-1-69-13 69-10 69-10 69-13 69-5 69-8 69-3,69-6 69-10 69-1-69-13 69-12 69-10 37-47 69-13 37-11, 37-12, 37-40 37-6,69-1 48-1 A107-43.1 A107-35.1 37-42 25-50, 59-50 37-6 A107-35.1 A107-35.1 A107-35.1 A107-35.1 A107-35.1 A107-35.1 A107-35.1 A107-35.1 A107-35.1 A107-35.1 SI -8 6-25-92 0 9 SOUTHOLD SUPPLEMENTAL INDEX —R— SI -9 6 - 25 - 92 RAMPS Boats, docks and wharves ......................... 32-32.1 RECEDING EDGE Defined .......................................... 37-6 RECESSION RATE Defined .......................................... 37-6 • RECORDS Communicable/infectious diseases .................. A107-43.1 Peddlers, solicitors and transient retail merchants ... 69-8 RECYCLABLE Defined .......................................... 48-1 RECYCLABLE WOOD Defined .......................................... 48-1 REGISTRATION Peddlers, .solicitors and transient retail merchants ... 69-3,69-6 REGULATED ACTIVITY Defined.......................................... 37-6 RESTORATION Defined .......................................... 37-6 —S— SALES Peddlers, solicitors and transient retail merchants ... 69-1-60,13 SCREENING Site plan approval ................................ 100-252 SECONDARY DUNE Defined .......................................... 37-6 SETBACKS Home professional office ........................... 100-31 SHELLFISH Vegetation removal prohibited ..................... 77-211.2 SIGNIFICANT FISH AND WILDLIFE HABITAT Defined .......................................... 37-6 SIGNS Home professional office ........................... 100-31 • Peddlers, solicitors and transient retail merchants ... 69-12 SITE PLAN APPROVAL Applicability ..................................... 100-250 Application requirements .......................... 100-256 Approval -of plan required ......................... 100-253 Building permits ................................. 100-252 Certificate of occupancy ........................... 100-252 Drainage: ......................................... 100-252 Duration of plan .................................. 100-255 SI -9 6 - 25 - 92 SOUTHOLD SUPPLEMENTAL INDEX Q.M Fees ............................................. 100-256 Findings of fact .................................. 100-251 Guaranties ....................................... 100-254 Hearings ......................................... 100-254 Landscaping ..................................... 100-252 Lighting ......................................... 100-252 Notices .......................................... 100-254 Objectives ........................................ 100-252 Off-street parking and loading ..................... 100-252 Purpose .......................................... 100-251 Review procedure ................................. 100-254 Screening ........................................ 100-252 Utilities .......................................... 100-252 Variances ........................................ 100-254 Zoning ........................................... 100-250 — 100-256 SOLICITORS Defined .......................................... 69-1 See also PEDDLERS, SOLICITORS AND TRAN- SIENT RETAIL MERCHANTS STORAGE Home professional office ........................... 100-31 STRUCTURAL HAZARD AREA Defined .......................................... 37-6 STRUCTURE Defined .......................................... 37-6 _T_ TERMS OF OFFICE Land Preservation Committee ..................... 25-50, 59-50 TOE Defined .......................................... 37-6 TRANSIENT MERCHANTS, see PEDDLERS, SO- LICITORS AND TRANSIENT RETAIL MER- CHANTS TRANSIENT RETAIL BUSINESS Defined .......................................... 69-1 _U_ UNREGULATED ACTIVITY Defined .......................................... 37-6 UNSAFE BUILDINGS Unsafe premises prohibited ........................ 90-3 SI -10 6-25-92 • 0 SOUTHOLD SUPPLEMENTAL INDEX —U— UTILITIES Site plan approval ................................ 100-252 —V— VARIANCES ® Coastal erosion hazard area ........................ Site plan approval VEGETATION Defined.......................................... VEHICLES Peddlers, solicitors and transient retail merchants ... —Z— ZONING Home professional office ........................... Siteplan approval ................................ • 37-30 — 37-39 100-254 37-6 69-10 100-31 100-250 — 100-256 `'`' SI -11 6-25-92