[HISTORY: Adopted by the Town Board of the Town of Riverhead 8-15-2023 by L.L. No. 15-2023. Amendments noted where applicable.]
It is evident that there is a strong need to provide immediate preventive, remedial and restorative services to reduce the high rate of recidivism and continuing violations in Riverhead Town Justice Court with respect to the specific Town Code violations listed throughout this chapter. To address this concern, mandatory surcharges shall be added to the stated fines listed for each violation referenced in this chapter and shall be imposed by the presiding judge at sentencing. The mandatory surcharges shall be transferred to the respective funds listed in this chapter. Monies from these accounts will provide for the immediate allocation of resources necessary to prevent and remedy damage to Town-owned properties and rights-of-way and support and/or bolster services provided by the Town. In this way, the Town hopes to meet the growing needs of its diverse population and enhance the overall safety and quality of life for all residents. The Town Board recognizes that the Town of Riverhead Justice Court collects a significant amount of revenues through fines on an annual basis. The application of a mandatory surcharge on these fines would benefit the Town at large.
The proposed chapter is enacted pursuant to Municipal Home Rule Law § 10(1)(ii)(a)(11), (12) and(14); and § 10(4)(b).
A. 
A $65 human services mandatory surcharge shall be added to the stated fines contained in Chapter 205 (Alcoholic Beverages); Chapter 247 (Loitering and Obscene Public Conduct); and Chapter 217, Part 1.
B. 
An amount equal to 100% of the net revenues received by the Town from the human resources surcharge shall be used towards improving, supporting and/or creating existing human service and/or recreation programs organized to educate and enlighten offenders and the public at large, in the hopes of lessening or eliminating repeat offenses and to provide certain recreational programs centered towards enhancing the life of Town residents.
C. 
The Town Financial Administrator shall create and transfer such monies into an account known as the "Human Service and Recreation Program Reserve Account."
D. 
Monies in this account may be appropriated only for human service and/or recreation programs relating to the following:
(1) 
Domestic violence.
(2) 
Alcohol and substance abuse.
(3) 
Mental health.
(4) 
Employment training and advocacy.
(5) 
Services for inmates leaving jails/prisons.
(6) 
Exercise and wellness.
(7) 
Sports and leagues.
(8) 
Instructional offerings.
(9) 
Community awareness programs.
(10) 
Any other bona fide human service and/or recreation purposes deemed appropriate via Town Board resolution.
E. 
Notwithstanding the foregoing provisions of this section, monies in the Human Service Programs Reserve Account may be appropriated during the Town's budget process.
A. 
A $100 blight mitigation mandatory surcharge shall be added to the stated fines contained in Chapter 217, Part 5 (Property Maintenance Code); §§ 245-7 and 245-8 (Littering and Graffiti); and Chapter 263 (Rental Dwelling Units).
B. 
A $65 blight mitigation mandatory surcharge shall be added to the stated fines contained in Chapter 217, Part 4 (Unsafe Buildings, Structures and Dangerous Conditions); §§ 245-3 through 245-6 (Littering and Graffiti); Chapter 251 (Noise, Public Nuisances and Property Maintenance); and Chapter 269 (Shopping Carts).
C. 
An amount equal to 100% of the net revenues received by the Town from the blight mitigation surcharge shall be transferred to the Town's beautification fund in order to provide immediate access to resources necessary to finance the Town's revitalization and anti-blight efforts and to prevent and remedy violations of aforementioned Town Code sections.
D. 
The Town Financial Administrator shall transfer such monies into an account known as the "Beautification Fund Reserve Account."
E. 
Monies in this account may be appropriated for the following reasons:
(1) 
To prevent and remedy damage and/or disrepair on Town-owned properties and rights-of-way.
(2) 
To subsidize the costs associated with beautification of the Town.
(3) 
Any other bona fide beautification purposes deemed appropriate via Town Board resolution.
F. 
Notwithstanding the foregoing provisions of this section, monies in the Beautification Fund Reserve Account may be appropriated during the Town's budget process.
A. 
A $250 water quality protection mandatory surcharge shall be added to the stated fines contained in Chapter 229 (Excavation and Grading); Chapter 275 (Stormwater Management and Erosion and Sediment Control); Chapter 291 (Water); Chapter 293 (Waterways and Water-Related Activities); and Chapter 295 (Wetlands).
B. 
An amount equal to 100% of the net revenues received by the Town from the water quality protection surcharge shall be used to fund the Town's water quality protection fund in order to provide immediate access to protecting its coastal and inland freshwater and saltwater bodies, groundwater and surface water resources from pollutants and activities that threaten the Town's water quality and to prevent and remedy violations of aforementioned Town Code sections.
C. 
The Town Financial Administrator shall create and transfer such monies into an account known as the "Water Quality Protection Fund Reserve Account."
D. 
Monies in this account may be appropriated for the following reasons:
(1) 
Purchasing for the purpose of extinguishing development rights and/or Pine Barrens credits. Any development rights or Pine Barrens credits so redeemed shall be inclusive of such parcel's associated sewage flow. This shall be achieved by a duly recorded covenant and restriction approved as to form and content by the office of the Town Attorney, as more specifically set forth in § 301-198 of this Town Code.
(2) 
The securing of conservation easements for the protection of water bodies.
(3) 
Contributing to or fully funding a program(s) approved by the Town Board to address and mitigate the deleterious effects of phosphorus and/or nitrogen on shellfish and bay bottoms, including restoration of any aquatic life after such reduction.
(4) 
Educational programs.
(5) 
PILOT programs to test new technology.
(6) 
Water quality sampling and testing.
(7) 
Drainage and sanitary systems.
(8) 
Any other bona fide water mitigation purposes deemed appropriate via Town Board resolution.
E. 
Notwithstanding the foregoing provisions of this section, monies in the Water Quality Protection Fund Reserve Account may be appropriated during the Town's budget process.