[HISTORY: Adopted by the Town Board of the
Town of Southold as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-23-1948; amended in its entirety 6-25-1965]
[Amended 10-9-1984 by L.L. No. 9-1984; 2-5-1991 by L.L. No. 1-1991; 11-26-1991 by L.L. No. 26-1991; 11-26-1991 by L.L. No. 27-1991; 9-10-1993 by L.L. No. 20-1993; 2-8-1994 by L.L. No. 1-1994; 5-3-1994 by L.L. No. 6-1994; 11-24-1998 by L.L. No. 24-1998]
Words and terms used in this article shall have
the following meanings:
Agricultural products, but not to include brush, canes, vines,
packaging or the like.
Any employee of the Town of Southold placed in charge of
a Town transfer station under the direction of the Town Board.
Shall be a recyclable and shall mean empty rinsed-clean containers,
with or without labels, comprised of aluminum foil, tin, steel or
a combination thereof.
Shall be a recyclable and shall mean clean, dry corrugated
cardboard.
Those businesses, trades or other commercial enterprises
which transport the refuse and/or recyclables generated in the operation
of their business, trade or commercial enterprise for deposit at the
Town of Southold transfer station.
Vehicles used in business or any vehicle of greater than
one-ton capacity.
Includes but is not limited to waste cement, concrete, masonry
work, brick, tile, sheetrock, plaster, wood shingles and the like
and rubble resulting from remodeling, demolition, repair and building
of structures.
Shall be a recyclable and shall mean all clear (flint), green
and brown (amber) colored glass containers rinsed clean. "Glass" shall
not mean wired glass, crystal, ceramics, plate, window, laminated
or mirrored glass or light bulbs.
The deposit by any person of garbage, rubbish, hazardous
waste, refuse or waste in any public or private place within the Town
of Southold, including its inland waters, other than in containers
designated for that purpose.
Shall be a recyclable and shall include unsoiled newsprint
and all newspaper advertisement. "Newspaper" shall not include phone
books, junk mail, plastic bags, cardboard boxes, brown paper bags,
magazines or catalogs.
The end product of solid waste remaining after the extraction
of recyclable materials, hazardous waste, construction and demolition
debris and landclearing debris. "Nonrecyclable waste" results primarily
from the handling, preparation and storage of food and includes but
is not limited to putrescible solid waste such as animal, vegetable
and farm waste products.
An individual, an association, a partnership or a corporation.
Shall be a recyclable and shall mean all food, beverage or
household containers labeled Nos. 1 and 2 such as soda, detergent,
bleach, milk, juice, shampoo or cooking oil bottles, rinsed clean.
"Plastics" shall not mean caps, appliances, plastic with metal parts,
six-pack rings, biodegradable bags, fiberglass, waxed cardboard containers,
vinyl or styrofoam.
Any can, glass or plastic container or corrugated cardboard
or newspaper, as defined in this section.
All waste which can be recycled, other than municipal recyclables.
Shall have the same meaning as "nonrecyclable waste." "Refuse"
shall not include cans, glass, plastics or newspaper, as further defined
herein.
Any individual, association, partnership, firm, corporation,
not-for-profit organization, or any other person so deemed by the
Town to be engaged in the business of collection, pickup, transfer,
removal and/or disposal of solid waste and/or recyclables.
[Added 5-10-2011 by L.L. No. 4-2011]
Any combination of structures, machinery and facilities used
for off-loading solid waste from collection vehicles, the recovery
of recyclables from said solid waste, and/or the reloading of nonrecyclable
solid waste into vehicles for disposal.
[Added 5-22-2007 by L.L. No. 13-2007]
The disposal area owned and operated by the Town of Southold
located north of County Route 48 at Cutchogue, New York.
[Amended 5-22-2007 by L.L. No. 13-2007]
Those residents who transport their refuse and/or recyclables
for deposit at the Town of Southold Transfer Station.
A plastic bag bearing the logo of the Seal of the Town of
Southold, of such size and design as shall be determined by the Town
Board, to be used for the disposal of nonrecyclable waste.
[Amended 7-31-1973; 3-24-1992 by L.L. No. 9-1992; 9-10-1993 by L.L. No. 20-1993; 11-24-1998 by L.L. No. 24-1998]
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 hazardous
waste, refuse and/or recyclable upon any premises or upon any street,
highway, sidewalk or public/private place within the Town of Southold,
except when authorized by the Town Board.
B.
Nothing contained herein shall be construed so as
to prevent:
(1)
The 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 transfer station 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.
C.
Nonrecyclable waste and Town garbage bags.
(1)
Nonrecyclable waste shall be deposited only at designated
areas within the transfer station.
(2)
Town garbage bags shall be available at designated
areas in the Town.
(3)
The size and design of the Town garbage bag shall
be determined by resolution of the Town Board.
(4)
The fee for each size of the Town garbage bag shall
be determined by resolution of the Town Board.
[Added 7-31-1973; amended 7-24-1979 by L.L. No. 1-1979; 10-9-1984 by L.L. No. 9-1984; 7-15-1986 by L.L. No. 7-1986; 9-23-1986 by L.L. No. 12-1986; 5-3-1988 by L.L. No. 11-1988; 2-5-1991 by L.L. No. 1-1991; 11-26-1991 by L.L. No.
26-1991; 11-26-1991 by L.L. No. 27-1991; 9-10-1993 by L.L. No. 20-1993; 12-7-1993 by L.L. No. 25-1993; 5-3-1994 by L.L. No. 6-1994; 11-24-1998 by L.L. No.
24-1998; 5-10-2011 by L.L. No. 4-2011]
A.
Use of Town transfer station. No person shall deposit or cause to
be deposited in or on any transfer station maintained by a waste district
in the Town of Southold any waste of any kind except 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
at the transfer station by the authority of the Town Board.
B.
The Town may refuse to accept any garbage, refuse, rubbish or other
material that does not have its origin within the Town of Southold
at any time.
C.
No vehicle shall be permitted to transport refuse into the Town's
transfer station unless such vehicle displays a valid permit or the
operator pays the applicable single-entry fee, except that vehicles
owned and operated by any of the following entitled shall be permitted
to transport refuse into the Town's transfer station, provided that
at least one valid permit and/or license has been issued to the particular
entity: the State of New York, the County of Suffolk, the Village
of Greenport and fire districts, school districts and park districts
located within the Town of Southold.
D.
The attendant at the transfer station is authorized to prohibit the
disposal of discarded motor vehicles and/or discarded fuel tanks having
a capacity in excess of 550 gallons at the transfer station.
E.
All municipal recyclables must be deposited in the appropriate location
of the transfer station owned by the Town of Southold.
[Added 5-10-2011 by L.L. No. 4-2011]
A.
All solid waste and recyclables generated within the Town of Southold
shall be collected and/or disposed of in the following manner:
(1)
Residential self-haulers and commercial self-haulers.
(a)
No cans, corrugated cardboard, glass, plastic or newspaper as
defined herein shall be deposited at the Town's transfer station unless
separated from any and all solid waste, trash, rubbish and vegetative
yard waste. They are to be deposited only at designated areas within
such Town disposal area.
(b)
Nonrecyclable waste.
[1]
Residential self-haulers. Nonrecyclable waste generated by residential
self-haulers shall be disposed of only in a Town garbage bag as defined
herein and deposited only at designated areas within the Town's transfer
station.
[2]
Commercial self-haulers. Nonrecyclable waste generated by commercial
self-haulers may be either:
[a]
Disposed of in a Town garbage bag and deposited
at designated areas within the Town's transfer station; or
[b]
Disposed of at the designated areas within the
Town's transfer station upon paying the appropriate charge as set
by Town Board resolution for the weight of nonrecyclable waste deposited.
(2)
Private residential refuse haulers/carters.
(a)
The owners or occupants of all residences within the Town which
utilize collection services provided by persons licensed to collect
refuse pursuant to the provisions of this article shall place recyclables
in separate containers at curbside for collection on such day or days
as the licensee serving such residence shall designate.
(b)
It shall be unlawful for any person to place out for collection
any container in which refuse is mixed with recyclables.
(c)
It shall be unlawful for any person to collect refuse from a
residence which is mixed with recyclables or thereafter to commingle
different types of recyclables or to mix recyclables with refuse.
(d)
recyclables collected by private residential refuse haulers/carters
and transported to the transfer station shall be deposited in areas
designated by appropriate landfill personnel.
(e)
Nonrecyclable waste.
[1]
The owners or occupants of all residences within the Town which
utilize collection services provided by persons licensed to collect
refuse pursuant to the provisions of this article shall place nonrecyclable
waste in Town garbage bags for collection on such day or days as the
licensee serving such residents shall designate.
[2]
It shall be unlawful for any person to place out for collection
any nonrecyclable waste which is not in a Town garbage bag. It shall
be unlawful for any person to collect nonrecyclable waste from a residence
which is not in a Town garbage bag.
[3]
Nonrecyclable waste in Town garbage bags collected by private
residential refuse haulers/carters and transported to the transfer
station shall be deposited only in areas designated by appropriate
landfill personnel.
[4]
The above requirements shall not apply to residences located
within the Fishers Island Waste Management District.
(3)
Private commercial refuse haulers/carters.
(a)
The owners or occupants of all commercial establishments within
the Town which utilize collection services provided by a refuse hauler/carter
shall place recyclables in separate containers at curbside for collection
on such day or days as the licensee serving such business shall designate.
(b)
It shall be unlawful for any commercial establishment to place
out for collection any container in which refuse is mixed with recyclables.
(c)
It shall be unlawful for any commercial establishment to place
out for collection any container in which one type of recyclable is
mixed with any other type or types of recyclables.
(d)
It shall be unlawful for any private commercial refuse hauler/carter
to collect refuse from any commercial establishment which is mixed
with recyclables or thereafter to commingle different types of recyclables
or to mix recyclables with refuse.
(e)
recyclables collected by private commercial refuse haulers/carters
and transported to the transfer station shall be deposited in areas
designated by appropriate personnel.
B.
Commercial waste license requirements.
[Amended 5-9-2017 by L.L.
No. 9-2017]
(1)
With the exception of those operating within the Fishers Island
Waste Management District, no refuse hauler or carter or agent thereof
shall collect, transport or dispose of solid waste and/or recyclables
generated within the Town without obtaining a carter's license issued
by the Solid Waste District.
(2)
All applications for carter permits shall be in writing and
shall contain such information as requested by the Town, but at a
minimum, such applications shall include a list of all vehicles (including
vehicle license numbers the applicant intends to utilize for the collection
of solid waste and/or recyclables in the Town). The list shall also
describe the cubic yard capacity for each vehicle. All carter permit
information shall be verified by the applicant as required by this
article and the Town.
(3)
Upon receipt of a complete application, the Solid Waste District
shall refer the application to the Zoning Inspector for a determination
of whether any violations of the law exist. The Solid Waste District
shall issue the applicant a carter license so long as the applicant
is deemed to be in compliance with this article and all applicable
county and state regulations.
(4)
Renewal of carter permits shall be in the same manner and subject
to the same conditions as original carter permits, and also shall
be subject to any additional requirements in effect at the time of
application for renewal as specified by the Town.
(5)
Whenever satisfactory proof, such as by means of an affidavit,
is submitted to the Solid Waste District that a carter license issued
for the purpose set forth in this article has been lost or destroyed,
the Solid Waste District shall, upon payment of $5 by the applicant,
issue a new carter license. No carter license issued pursuant to the
provisions of this article shall be transferable.
(6)
The carter license holder hereunder shall, upon request, furnish
the Town with a list detailing the number of residences, commercial
establishments or other generators of solid waste and/or recyclables
located in the Town and serviced by the applicant and the intended
location that said solid waste and/or recyclables shall be deposited
by the carter. This list shall be prepared at a level of detail satisfactory
to the Solid Waste District and shall be updated by the carter license
holder at the request of the Town, but not more often than every three
months.
(7)
The Town, pursuant to § 233-8 of this article, shall have the power to impose a civil penalty or suspend or revoke a carter permit granted or renewed pursuant to this article for any violation of any provision of this article or any applicable rule, regulations, code or ordinance relating to the collection, handling, hauling or disposal of solid waste and/or recyclables.
(8)
All collection, transportation and/or disposal of solid waste
and/or recyclables shall be in strict conformance with the rules and
regulations prescribed in this article and as such rules and regulations
may hereafter be amended or supplemented by the Town Board.
(9)
All vehicles used in the collection, transportation and/or disposal
of solid waste and/or recyclables shall be maintained in a sanitary
condition and shall be constructed as to prevent leakage in transit.
The body of the vehicle shall be wholly enclosed or shall at all times
be kept covered with an adequate cover. The name of the carter shall
be readily visible on all vehicles, and on all containers utilized
for the collection of solid waste and/or recyclables generated within
the Town.
(10)
Any carter permit issued pursuant to this article shall be in
the nature of a privilege subject to the terms and conditions set
forth in this article and as amended or supplemented by the Town,
and shall not be deemed to create a property interest with respect
to the carter permit in the holder.
(11)
All carter permit requirements specified herein, including,
but not limited to, carter permit fees, may be amended or adjusted
from time to time by resolution of the Town Board.
[Added 10-9-1984 by L.L. No. 9-1984; amended 11-29-1988 by L.L. No.
29-1988; 6-20-1989 by L.L. No. 11-1989; 3-13-1990 by L.L. No. 2-1990; 10-23-1993 by L.L. No. 23-1990; 10-23-1990 by L.L. No. 24-1990; 2-5-1991 by L.L. No. 1-1991; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 11-24-1992 by L.L. No. 29-1992; 12-8-1992 by L.L. No.
31-1992; 10-5-1993 by L.L. No. 23-1993; 5-3-1994 by L.L. No. 8-1994; 10-18-1994 by L.L. No. 22-1994; 12-13-1994 by L.L. No. 29-1994; 10-17-1995 by L.L. No. 22-1995; 11-24-1998 by L.L. No. 24-1998]
A.
The fees for the issuance of permits and/or licenses
for vehicles transporting refuse into any transfer station maintained
by the Town of Southold shall be in the amounts prescribed by the
Town Board, by resolution and as amended from time to time. Permits
shall be issued as follows:
(1)
Resident disposal 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:
[Amended 1-4-2022 by L.L. No. 1-2022; 4-11-2023 by L.L. No. 7-2023]
(a)
A resident disposal permit 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 Southold. Persons applying
for a resident disposal permit shall be requested to submit for inspection
the following 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 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.
[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 proof of residence to determine that
the applicant is a qualified resident of the Town. Upon approval of
the proof, a resident disposal permit shall be issued and inscribed
with the vehicle license registration number. Such permit shall not
be transferred to any other vehicle.
(c)
Resident disposal permits for motor vehicles
shall be permanently affixed to the vehicle in a way and place to
be determined by Town Board resolution.
[Amended 8-15-2023 by L.L. No. 18-2023]
(2)
Lessee disposal permit: for noncommercial vehicles
of less than one-ton capacity owned by a lessee in the Town of Southold
and transporting only household refuse, provided that such vehicle
displays a valid lessee landfill permit issued in accordance with
the following:
[Amended 1-4-2022 by L.L. No. 1-2022]
(a)
A lessee disposal permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in § 233-4A(1) hereof. Persons applying for a lessee landfill permit shall present a fully executed lease/rental agreement signed by the lessee and the owner of the property, setting forth:
(b)
Upon a determination by the Town Clerk or person designated by the Town Clerk that the applicant is entitled to a lessee disposal 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 § 233-4A(1)(c) hereof.
(3)
Guest disposal permit: for noncommercial vehicles
of less than one-ton capacity owned by a guest of a resident in the
Town of Southold and transporting only household refuse, provided
that such vehicle displays a valid guest landfill permit issued in
accordance with the following:
(a)
A guest disposal permit 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 Southold, as defined in § 233-4A(1) hereof, for use by guests temporarily residing in the dwelling of such resident. A resident applying for a guest landfill disposal permit shall present:
[Amended 1-4-2022 by L.L. No. 1-2022]
(b)
Upon a determination by the Town Clerk or person designated by the Town Clerk that the applicant is entitled to a guest disposal 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 § 233-4A(1)(c) hereof.
[Amended 1-4-2022 by L.L. No. 1-2022]
(c)
The fee for the issuance of a guest disposal
permit shall be such fee as shall be prescribed by a resolution of
the Southold Town Board.
(4)
Commercial permits: for all vehicles engaged in the
commercial disposal of any material other than mandated recyclables
as defined herein and/or all vehicles with a rated load-carrying capacity
of one ton or greater.
(a)
A commercial permit shall be issued by the Town
Clerk or a person designated by the Town Clerk to commercial businesses
qualified to operate within the Town. Persons applying for a commercial
permit shall be requested to sign an application in affidavit form.
(b)
Upon approval of the application, a commercial
permit shall be issued and inscribed with the vehicle license registration
number. Such permit shall not be transferred to any other vehicle.
Such permit shall be affixed to the vehicle in a spot clearly visible
to attendants at the disposal area.
(c)
The fees for issuance of commercial disposal
permits shall be as prescribed by a resolution of the Southold Town
Board.
(5)
Single-entry fees: A single-entry fee shall be charged
to any residential or commercial vehicle that delivers for disposal
nonrecyclable debris generated within the Town and which does not
display a valid permit. Single-entry fees shall be in an amount prescribed
by a resolution of the Town Board.
B.
In addition to the fees established in § 233-4A of this article, there shall be a fee as prescribed by resolution of the Southold Town Board, on loads containing the following:
(1)
Brush, landscaping and yard wastes, including but
not limited to stumps, branches, shrubs, plants, trees, bushes and
grass clippings, but not including leaves and sod.
(2)
Construction debris, including but not limited to
scrap and waste material discarded as refuse resulting from construction.
(3)
Wood, including but not limited to timber, logs, boards
and wood as defined herein.
(4)
Demolition and construction debris, including but
not limited to waste and rubble resulting from remodeling, demolition
and extensive repair of structures, waste cement, concrete, masonry
work, bricks, tile, sheetrock, plaster, wood, shingles and the like.
(5)
Rubbish, including but not limited to furniture, fixtures,
appliances, television sets, carpets, awnings, boats and other like
objects that are not considered normal everyday household waste.
(6)
Commercial and household garbage and rubbish, including
but not limited to furniture, fixtures, television sets, appliances,
carpets, awnings, boats and other like objects.
C.
Issuance and duration of permits and/or licenses.
All permits and/or licenses provided for in this article shall be
issued by the Town Clerk. Residential permits shall be valid from
the date of purchase until December 31 of the following calendar year.
Commercial permits shall be valid for two years from the issue date.
[Amended 8-11-2009 by L.L. No. 9-2009]
D.
Refund of fees. In the event that the Town Clerk has
heretofore issued permits for vehicles transporting refuse into the
Town landfill site at Cutchogue, and the fees paid therefor exceed
the fees provided for herein, the Town Clerk is hereby authorized
to refund such excess fees to the holders of such permits and/or licenses.
[Amended 7-31-1973 by L.L. No. 1-1973; 3-24-1992 by L.L. No. 9-1992; 7-31-1973 by L.L. No. 1-1973]
No person shall convey or transport refuse and/or
recyclables through the streets or public places of the Town of Southold
in any cart, wagon or vehicle or by any other means unless adequate
care is taken to prevent the spilling of refuse and/or recyclables
in such public places and streets.
[Added 5-22-2007 by L.L. No. 13-2007[1]]
A.
A permit application shall be made on the form prescribed
by the Town Clerk and accompanied by a fee of $250. A permit issued
pursuant to this section is not transferable and shall run for the
same duration as a permit for the same transfer station issued by
the New York State Department of Environmental Conservation.
B.
No permit shall be granted unless the applicant can
produce a valid transfer station operating permit issued by the New
York State Department of Environmental Conservation for the proposed
site and further demonstrate that the proposed transfer station is
consistent with the Town's solid waste management plan. The terms
of the permit may be reviewed by the Town Board from time to time
to ensure that the operation is consistent with the Town of Southold
solid waste management plan.
C.
The grant of a permit shall bind the applicant to
provide the Town of Southold with the following information on an
annual basis:
(1)
Gross tons of mixed solid waste and recyclables received.
(2)
Gross tons of recyclables removed from solid waste
delivered.
(3)
Net tons of nonrecyclable solid waste reloaded onto
vehicles for disposal.
(4)
Aggregate tonnage of all mixed solid waste and recyclables
delivered to the facility, and the origin, by Town, of such tonnage.
D.
Prior to the issuance of a permit for a transfer station,
an application for site plan approval shall be reviewed by the Planning
Board of the Town of Southold. The Planning Board shall review the
action under 6 NYCRR Part 617 of the State Environmental Quality Review
Act, and such review process shall be complete prior to the issuance
of a permit under this section. Failure to comply with the terms of
an approved site plan shall constitute grounds for immediate revocation
of this permit.
E.
No permit shall issue until the applicant has submitted
a route plan acceptable to the Town Board designed to indicate that
traffic generated by the facility will have a minimal impact on residential
streets.
F.
The grant and acceptance of this permit shall constitute
consent to allow inspection of the premises by the Town of Southold
for the purpose of ensuring compliance with the permit. Inspection
shall be upon reasonable prior notice to the permit holder.
G.
All trucks entering the facility containing materials
for transfer must be covered.
H.
An emergency response plan acceptable to the Town
Board shall be submitted, which may be referred to local emergency
responders for comment and input.
I.
No permit shall issue until the Town Board has held
a public hearing on the application, with at least 10 days' notice
provided to the public.
J.
The Town Board may approve, approve with conditions,
or deny an application for a transfer station permit. The Town Board
may impose such conditions or safeguards on the issuance of the transfer
station permit to ensure that the proposed operation shall not have
an adverse effect on the environment, the character of the area or
the general welfare of the Town.
K.
Nothing in this section shall exempt an applicant
or facility from compliance with zoning or other requirements of the
Town Code.
L.
No building permit shall be issued until the Town
Board and the Planning Board issue approvals.
[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:
[Amended 11-21-2006 by L.L. No. 15-2006]
B.
Recycling offenses and other offenses. Any person
committing a recycling offense or any other offense against this article
other than an offense of illegal dumping shall be subject to a civil
penalty enforceable and collectible by the Town in the amount of $100
for each offense. Any person committing a second and/or subsequent
offense within 12 months of the date of the first offense shall be
subject to a civil penalty enforceable and collectible by the Town
in the amount of $200. Such penalty shall be collectible by and in
the name of the Town for each day that such offense shall continue.
C.
Any person, firm or corporation who or which does
not pay any charge or fee established in this article or who or which
violates any provision of this article shall be subject to a fine
not in excess of $250 for each offense. A separate offense shall be
deemed committed upon each day during which a violation occurs or
is committed.
[Added 7-11-1995 by L.L. No. 15-1995]
D.
In addition to the above-provided penalties, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of this article.
[Added 5-3-1988 by L.L. No. 12-1988]
A.
Permits and/or licenses issued under the provisions
of this article may be revoked by the Town Board of the Town of Southold
after notice and hearing for violation of the provisions of this article.
B.
Notice of the hearing for revocation of a permit and/or
license shall be given in writing, setting forth specifically the
grounds of the complaint and the time and place of hearing. Such notice
shall be mailed, postage prepaid, to the permittee and/or licensee
at his last known address at least five days prior to the date set
for the hearing. Said hearing shall be conducted in a manner wherein
the accused permittee and/or licensee is afforded full due process
of the law.
C.
At the conclusion of said hearing and as a result
of the evidence adduced therein, the Town Board may, in its discretion,
revoke the said permit and/or license or, in lieu thereof, suspend
the subject permit and/or license for a specified period of time,
censure the permittee and/or licensee or impose a fine not to exceed
$2,000.
