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Home My WebLink AboutTOR RES 915 f Office of the Town Clerk Diane M Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer January 7, 2019 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on December 04, 2018 #23-Resolution #915-ADOPTS A LOCAL LAW TO AMEND CHAPTER 273 OF THE TOWN CODE, ENTITLED, "SOLID WASTE", SECTION 12 THEREOF ENTITLED, "ENFORCEMENT; PENALTIES FOR OFFENSES" If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm DMW:cd 200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034 G �iu'ii rrtasrnsrns narw'sssuu ,' , y l� Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer January 7, 2019 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelm Ca.townofriverheadny.gov. Signature: Date: Town Board Meeting December 4, 2018 2:00 PM ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on December 4, 2018 #23-Resolution #915-ADOPTS A LOCAL LAW TO AMEND CHAPTER 273 OF THE TOWN CODE, ENTITLED, "SOLID WASTE", SECTION 12 THEREOF ENTITLED, "ENFORCEMENT; PENALTIES FOR OFFENSES" Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901 (631)727-3200 Ext. 260 - Fax (631)208-4034 12.04.2018 ADOPTED 9 2fi , TOWN OF RIVERHEAD Resolution 2018-915 ADOPTS A LOCAL LAW TO AMEND CHAPTER 273 OF THE TOWN CODE ENTITLED, "SOLID WASTE", SECTION 12 THEREOF ENTITLED, "ENFORCEMENT; PENALTIES FOR OFFENSES" Councilwoman Giglio offered the following resolution, which was seconded by Councilwoman Kent WHEREAS, by Resolution #793 on October 16, 2018, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 273 entitled, "Solid Waste", Section 12 thereof entitled, "Enforcement; penalties for offenses" of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 7t" day of November, 2018 at 2:00 o'clock p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Riverhead has classified the action as a "Type II" pursuant to SEQRA NYCRR Part 617.5 C (27) and requiring no further environmental review; and be it further, RESOLVED, that the local law amending Chapter 273 entitled, "Solid Waste", Section 12 thereof entitled, "Enforcement; penalties for offenses" of the Riverhead Town Code, is hereby adopted as specified in the attached notice of adoption; and be it further, RESOLVED, that the Town Clerk is hereby authorized to publish the attached notice of adoption once in the News-Review newspaper and to post same on the signboard at Town Hall; and be it further, RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a copy of same may be obtained from the Office of the Town Clerk. THE VOTE RESULT 1 ADOPTED [UNANIMOUS]ju t MOVER Jodi Giglio, Councilwoman W ER Ca#henne Kent, Coz Laura`Jens Smith, J�irn�Hub,bard _� Packet'Pg. 106' 9 26;a TOWN OF RIVERHEAD w NOTICE OF ADOPTION o M CN ti PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law amending Chapter 273 entitled, "Solid Waste", Section 12 thereof entitled, C "Enforcement;penalties for offenses" of the Riverhead Town Code at its regular meeting held on v December 4, 2018. _ E Be it enacted by the Town Board of the Town of Riverhead as follows: a 0 Chapter 273 Solid Waste o J M Article IV 14 0. License Requirement for Collectors of Solid Waste Generated at Commercial and ° Institutional Operations Q § 273-12 Penalties for offenses. cc0 (1) Penalties for waste collectors.During any 12 consecutive months,the failure of any person co engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Town or who collects,picks N up, removes or causes to be collected,picked up or removed MSW or recyclable materials in a manner not in compliance with this chapter shall be guilty of a violation punishable by ° a fine of not less than$500 and not exceeding the sum of$1,000 or by imprisonment for a o term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense. o (2) Penalties for waste generators and/or individuals, persons and/or entities generating and dumping or abandoning solid waste on public or private lands.Failure of a waste generator o and/or individual, person and/or entity to comply with the provisions in this chapter zNI designated as violations shall be punishable as follows: 2 �o 5 ivuia ,,iela4ien a a 1, a t f finesfar-future - ty v i� ivus L _ (b) For the seeend first conviction within one year: by a fine of not less than $100 nor E more than $250. a� E (e)(b) For the 444 second conviction within one year: by a fine of not less than$250 a nor more than$500. N a� (d)(c) For a feurrth third and each subsequent conviction within one year: by a fine of not less than $500 nor more than$1,000. _ (3) In addition, any such conviction imposing a fine shall also be punishable by a term of E U f6 a.r w 1'08 Packet,Pg. 9 26:a d imprisonment of not more than 15 days, or by both such fine and imprisonment. 0 (4) Any penalties or damages recovered or imposed under this chapter are in addition to any N other remedies available at lave or equity. CL ca penalties, fines, il U to january 1,2012, in order-to permit per-sons regulated hereunder-to eorne i eem Q O • Underscore indicates additions • Overstrike indicates deletions Dated: Riverhead,New York December 4, 2018 N C. BY ORDER OF THE TOWN BOARD °o OF THE TOWN OF RIVERHEAD a U) T co DIANE M.WILHELM,Town Clerk N T N I C O Q O Q w O N U O z I N d cv C a. I C d E 'a C E Q Cl) ti N 47 Q IQ Z U c al E U M Q PacKet.'Pg.109_ Town of Riverhead Local Law# 23-2018 Chapter 273 Solid Waste Article IV License Requirement for Collectors of Solid Waste Generated at Commercial and Institutional Operations § 273-12. Penalties for offenses. (1) Penalties for waste collectors. During any 12 consecutive months, the failure of any person engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Town or who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this chapter shall be guilty of a violation punishable by a fine of not less than $500 and not exceeding the sum of $1,000 or by imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense. (2) Penalties for waste generators and/or individuals, persons and/or entities generating and dumping or abandoning solid waste on public or private lands. Failure of a waste generator and/or individual, person and/or entity to comply with the provisions in this chapter designated as violations shall be punishable as follows: (a) For the first conviction within one year: by a fine of not less than $100 nor more than $250. (b) For the second conviction within one year: by a fine of not less than $250 nor more than $500. (c) For a third and each subsequent conviction within one year: by a fine of not less than $500 nor more than $1,000. (3) In addition, any such conviction imposing a fine shall also be punishable by a term of imprisonment of not more than 15 days, or by both such fine and imprisonment. (4) Any penalties or damages recovered or imposed under this chapter are in addition to any other remedies available at law or equity.