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HomeMy WebLinkAboutTB-08/10/1965 MEETING OF AUGUST 10, 1965 The Southold Town Board met at the office of Supervisor- Lester M. Albert-son,, 16 South Street, .Greenpor.t,.. N.Y. on August 10, 1965 . The meeting was called. to order at 3: 00 P.M. with the following present.-- Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark; Superintendent of Highways Price; Town Attorney Tasker and Town Clerk Richmond. Moved by Councilman -Valentine; seconded by Councilman Demarest; RESOLVED: That the minutes of the Special Meeting .and the meeting of July 27, 1965 be and they, are approved. Vote of Town BoardAyes-Supervisor .Albertson,; Counc :. ilmen Demarest. and Valentine; Justices Tuthill and Clark. Moved by Councilman Dema.rest;.. seconded by Justice -Clark; RESOLVED: That the Town Board make it ' s official visit to Fishers Island, N.Y. on Tuesday, August 24, 1965. The meeting will be called to. order at .1: 30 P.M. The Supervisor is hereby authorized to provide transportation. The boat will leave Sterling Harbor, Greenport,` N.Y. at 9: 00 A.M. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by- Justice Clark; seconded by Councilman Demarest; RESOLVED: That the next meeting of the Town-Board will be held at the office of the Supervisor., Lester 'M.. Albertson, 16 South St. , Greenport, N.Y. on Tuesday, August 17, . 1.965, at 3: 00 P.M. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Ata'�3 `.00, P.M. in accordance with a notice published according to law, bids were opened to furnish the Town of Southold One (1) new 1965 Hough Payloader centerpivot tractor shovel model H-90C, or equal, equipped with cab, heater, defroster, and 312 cubic yard bucket for use -by the Disposal Area of the Town of Southold. The following bids were .,submitted: Hubbard & Floyd Equipment Co. --------------- $29 690.00 Edward Ehrbar Co. --------------------------- 33., 840.00 H-0 Penn Co. ------------=------------------- 33, 958.00 Moved by Justice Clark; seconded by Councilman Demarest-;, . RESOLVED: That the .bids for the Payloader for the Town Dump be turned_ over ' to. the. Dump Committee for study. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. . Moved by Justice Clakr; seconded by Justice Tuthill; RESOLVED: That the report of Howard M. Terry, Building Inspector; for the month of July 1965 be accepted by the Town Board and placed on file. Vote,.-.,.,of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved. by Justice Clark; seconded by Councilman Valentine; RESOLVED: That the report of Supervisor Lester M. Albertson for the month of July. 1965 be accepted by the Town BoardFa.and placed on file. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Councilman Valentine; seconded by Justice Tuthill; RESOLVED: That the report of the. Southold Town Bay Constable, William Januick, for the month of July 1965 be accepted by the Town Board and placed on file. Vote .of Town Board: .Ayes-Supervisor,. Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. 10 Moved by Justice Tuthill; seconded by Councilman Valentine; . RESOLVED: -That the report .of, Albert W. Richmond, Town Clerk, for the month of July 1965 be accepted by the Town Board and placed on file. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Councilman Valentine; seconded by Justice Tuthill; RESOLVED: That the Town Board of the Town .of Southold approves the action of the Commissioners of the Fishers Island Ferry District on .hiring Ronald B. Hague of Fishers Island, N.Y. to work at the Airport for the month of August, 1965 for thirty-six hours only per week, the pay rate to be $1.75 per hour, .effective August 1, 1965 . Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Councilman Valentine; seconded by Justice Tuthil,l;,, WHEREAS, Harry Tuthill has requested the -Town Board to regulate the speed .-of boats in the channel in School House Creek, New Suffolk, N.Y. , NOW, THEREFORE, BE IT RESOLVED: That no person shall operate in the. channel or School House Creek, New Suffolk, N.Y. at .a speed greater than five (5) miles an hour- and be it further RESOLVED: That the Supervisor be and he hereby is authorized and directed to cause notice of such speed limit to be posted in appropriate places in said creek and channel. Vote .of Town' Boardt ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark.. Moved by Councilman Demarest;- seconded by Justice Clark; BOND ANTICIPATION NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, •.ADOPTED AUGUST 10, 1965, AUTHORIZING THE ISSUANCE OF, A $36, 0.00 NOTE IN ANTICIPATION OF THE SALE OF SERIAL BONDS OF THE.. TOWN HERETOFORE AUTHORIZED TO BE ISSUED .FOR THE PURCHASE- OF A PAY-LOADER TO BE USED AT THE TOWN REFUSE DISPOSAL AREA IN CUTCHOGUE, IN SAID TOWN RESOLVED BY THE TOWN BOARD OF THE- TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK-, NEW YORK, AS FOLLOWS: +` Section 1. A Bond Anticipation Note of this Town, in the principal amount of $36, 000, is hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, for the specific object or purpose as more fully described by the resolution entitled: "Bond resolution of the. Town- 'of Southold, New York, adopted July 131. 1965, authorizing the purchase of a payloader to be used at the Town Refuse Disposal Area in Cutchogue,. in said Town, stating the estimated maximum cost thereof is% $36, 000, appropriating said amount therefor and authorizing the issuance of $36, 000 serial bonds of the Town to finance said appropriation, " duly adopted by the Town Board on the date therein referred to. Said Note is to be issued in anticipation of the sale of serial bonds of the Town heretofore authorized to be issued by said resolution. No bond anticipation notes are outstanding in anticipation of the sale of said bonds and the Note hereby authorized is not a renewal note. The period of maturity of the Note hereby authorized shall not exceed one year from date, and said Note may be renewed pursuant to .the pro- visions of the Local Finance Law. Said Note is not to be issued in anticipation of bonds for an assessable improvement. . Section 2 . The terms, form and details of, said Note .shall be as follows: Amount and Title: $36, 000 Bond Anticipation Note For Purchase of :a Payloader - 1965 Dated: August 12, 1965 Matures: August 12, 1966, subject to prior redemption No. 1 Denomination: $36, 000 Interest Rate: 2;t05% per annum, payable at maturity Place of payment of principal and. interest: Supervisor ' s Office,. ,Greenport, New'York Form of Note: Substantially in" accordance with form prescribed by Schedule B, 2 of the Local Finance Law of the State of New York. Section .3 . Said Note is hereby sold to NORTH FORK BANK AND TRUST COMPANY, Mattituck, New York, at the price- of par, to bear interest at the rate of two and five -hundredths per centum, (2.05%) per annum, payable at` maturity, and the Supervisor is authorized to deliver said Note to said purchaser upon -receipt of the principal amount, plus accrued interest, if "any; from- the date of said Note to the date of delivery. . Section 4. Said Note "shall contain the recital of validity prescribed by #52.00 of said Local Finance Law, and shall be a general obligation of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town, without limitation of rate or amount. The faith and credit of the Town is here- by 'irrevocably pledged to' the punctual payment or the principal of and interest on' said Note and provision shall be made in the -budget of the Town by appropriation for the redemption of the Note to mature in such year and for the payment of interest to be due in such year. Section 5 . Said Note shall be executed in the name of the Town by the Supervisor and the corporate' seal' of said Town shall be affixed thereto and attested by its Town Clerk. Section 6 . This resolution shall take effect immediately'. Vote' of Town Board: "Ayes-Supervisor Albertson;Councilmen Demarest and Valentine; Justices Tuthill and Clark. " The Resolution. was declared unanimously ddopted. Moved by Justice Clark; seconded by -Councilman Valentine; RESOLVED: That Supervisor Lester M. Albertson be 'and he_ hereby is- authorized to enter into . a Lease with the Conservation Department for a parking lot and landing ramp in the Gull Pond Area,- Greenport, N.Y. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by- Councilman Valentine; seconded by Justice Clark RESOLVED: That the Rules and Regulations of the Police bepartment by resolution passed by this .Board. on April 23, - 1963 -be and they hereby are rescinded, and be it further RESOLVED: That` the following RULES AND REGULATIONS for the Southold Town Police Department be adopted: TABLE OF CONTENTS ARTICLE I TITLE: DEFINITIONS ARTICLE II ADMINISTRATION - CHIEF OF- POLICE ARTICLE III SERGEANTS ARTICLE IV PATROLMEN ARTICLE V DUTIES AND RESPONSIBILITIES ARTICLE VI RADIO OPERATORS ARTICLE VII POSTS AND/OR AREAS ARTICLE VIII GENERAL ARTICLE -IX RADIOS AND POLICE VEHICLES ' ' ARTICLE X CHEMICAL TESTS ARTICLE XI BLOTTER, RADIO LOGS AND SCHEDULES ARTICLE XII AIDED AND ACCIDENT CASE S ARTICLE" XIII FIRES, RIOTS, STRIKES, ETC. ARTICLE 'XIV UNIFORMS AND' EQUIPNENT ARTICLE XV SICKNESS,­VACATIONS AND ABSENCE ARTICLE XVI' GENERAL PROVISIONS RULES & REGULATIONS-POLICE CONT. ARTICLE I SECTION I. Title These rules and regulations. shall be known as "Rules and Regulations Governing Southold Town Police Department" . SECTION 2 . Definitions When used in these Rules and Regulations: a. The terms "policemen" , "Patrolmen", "sergeant" "chief" and "chief of police" shall mean and' be .intended to signify policemen of the Town of Southold. b. The term "police force" or "police department" shall mean and is intended to signify the Police Department of the Town of Southold. ARTICLE II Administration - Chief of Police SECTION I. The Chief of Police shall be the ranking officer and commanding officer of the police department and the members -there- of and shall have cognizance and control of the government, adminis tration, operation and discipline of the police department and the members thereof. SECTION 2. In the absence or disabilitywof the Chief of Police, the Town Board shall designate an officer who shall possess all the powers and perform all the duties of the Chief of Police, and such officer shall be designated as the acting officer in charge. SECTION 3 . The acting officer in charge shall carry out the orders of the Chief of Police, previously given, and such orders shall not, except in cases of extreme emergencies, be countermanded nor set aside by the acting officer in charge. In the event that the orders of the Chief of Police are countermanded or set aside by. the acting officer in charge in cases of extreme emergencies, the acting officer .in charge shall make a written report thereof stating the reasons therefor which report shall be submitted to the Chief of Police and to the- Town Board. SECTION 4. The Chief of Police shall be responsible for: a. The enforcement of all laws and ordinances within the jurisdiction of the police department. b. The enforcement. of these Rules and Regulations. c. The supervision of all police functions throughout the Town of Southold and such other duties and respons— ibilities as may be prescribed from time to time by .the Town Board. SECTION 5 . It shall be the duty of the Chief of Police .to keep accurate records of all police activities and administration•': Such records shall be properly maintained and shall be subject to inspection by the Town Board or any member thereof at any time. ARTICLE III . Sergeants SECTION I. Duties a. The Sergeants on duly shall have immediate supervision of the members of the police department, unless personal command thereof is' assumed by the Chief of .Police. Serg- eants not on their tour of duty are charged with .the super- vision of the members of the police department and shall report to the Chief- of-. Police; =all misconduct on -E Yie :part of police offic- ers 4ohich comes to their attention. In the event that two or more Sergeants are on duty at the same time, the Sergeant who is regularly assigned to that tour of duty shall be in command, and all other Sergeants and police officers shall obey his orders unless otherwise directed by the Chief of Police. RULES & REGULATIONS - POLICE CONT. . I T 3 B. It shall be the duty of . all Sergeants at the end of their tour of duty to report all unfinished police functions to the Sergeant or, other officer relieving him. c. Sergeants shall require all members of the police depart- ment under their command to promptly comply with all orders, rules and regulations and other directives. ,Seijgeants shall also be responsible for the conduct, discipline and proper .. behavior of the members of the police department under their command. Sergeants shall require- members of the police depart- ment to submit written repmrts of- all cases and police incid- ents where a written report may be deemed necessary by the Sergeant or the Chief of Police. Sergeants shall report any breach of a rule,' regulation, order or other misconduct in writing to the Chief of Police. d. The Sergeant on duty shall investigate all complaints, interview complainants and report their actions in writing. to the Chief of Police. They shall check all posts and/or areas in the Town at least twice during each tour of duty and make certain that such posts and/or _sectors are properly manned. e. In the event of a dangerous, extraordinary or unusual occurence, disorder, fire, accident, riot, homicide, serious felony assault, explosion, robbery, emergency, or in all other ,cases -in which there is a doubt in the mind of the Sergeant as to the course of action which should be taken, the Sergeant on duty shall immediately notify the Chief of Police. ARTICLE IV Patrolmen SECTION I. A patrolman when commencing his tour of duty shall proceed to his assigned, post and/or area. As soon as possible, he shall inspect his post and/or sector and note any conditions which require police attention and shall take the appropriate action. In the event that a patrolman is in doubt as to the course of action which should be taken, he should communicate with the acting officer in charge for _instruction and shall then follow the instructions given. SECTION 2. A patrolman shall not leave his post and/or area unless directed to do so by the acting officer in charge or the Chief of Police. If a patrolman is not relieved upon the expiration .of his tour of duty, he shall. communicate with the . acting officer in charge and comply with instructions received. If a patrolman, due to an emergency or other unusual cause, . shall be required to leave his post and/or area without first being relieved or without first obtaining permission, from the acting officer in charge or the Chief of Police, he shall as soon as circumstances permit, report such fact to the acting officer in charge giving the reason therefor . SECTION #3 . A patrolman shall examine all doors of stores and places of business to ascertain that they are properly secured at least once each day during the hours of darkness as soon after midnight as his duties will permit. All such doors found unsecured shall be reported to police headquarters as soon as possible. SECTION 4. Patrolmen on motorized patrols who shall observe any vehicle or person in a place where the patrolman has. reason to believe such person or vehicle has no business, may ,investigate such incident and require such person to identify himself and satisfy the patrolman that he has a legitimate reason for being in such place. RULES & REGULATIONS - POLICE SECTION 5 . In order to curtail speeding throughathe Villages and along the highways throughout the Town, each policeman shall from time to time in various sections of the Town, park the police car along the curb or upon the shoulder ,of the high- way and direct traffic on the highway. Before leaving the police car he shall call the police station via radio and give the exact location of the vicinity in which he is directing taffic Upon his return to the police car, he shall again call the police station and give whatever information may be required. ARTICLE V Duties and Responsibilities SECTION I. - The members of the. Southold Town Police department 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 the ordinances o.f the Town of Southold over which said police department has juris- diction... f. Perform such other duties as directed by the Chief of Police. g. Perform such other duties as required by law. ARTICLE VI Radio Operators SECTION I. The Town Board shall appoint radio operators who shall perform their duties in a prompt and businesslike manner . When answering telephone calls, the radio operator shall first state: "Southold Town Police", then shall give -his name. Calls must be answered promptly and communications transmitted with- out delay. Profane and insulting language will -not be permitted. SECTION 2. The radio operator on duty shall not leave head- quarters building during his tour of duty except for reasons of necessity in which case the officerrin charge shall assign a member of the police department, or- a competent person, to perform the. duties of the radio operator . SECTION 3 . The radio operator shall not permit any person in the radio room except members of- the police department, members of the Town Board, Medical Examiners, the Town Attorney and duly accredited members of policing agencies when necessary in the performance of their official duties. SECTION 4. The radio operator shall properly enter on author- ized books and forms, all reports of complaints occurring dur- ing his tour of duty. He shal l , initial all reports submitted by members of the police department. SECTION 5 . The radio operator shall exchange all police infor- mation with the radio operator about to relieve him. SECTION 6. The radio operator• shall log all radio transmissions in the prescribed radio log book and initial the starting and ending entries of his tour . SECTION 7. It shall be the responsibility- of the radio operator to keep and maintain police headquarters in a neat, clean and orderly condition and to prohibit any unauthorized persons from loitering in the headquarters building. RULES & REGULATIONS - :.POLICE CONT. ARTICLE VII Posts and/or Areas SECTION I. A post -and/or . area shall be a certain territory patrolled by. a radio equipped patrol-. car. Three such posts and/or areas are hereby established in the Town of Southold, t'o wit: a. EAST - embraces all of the mainland territory of the Town of . Southold lying East of Chapel Lane. -b. WEST - embraces all of the territory.of the Town of Southold lying west of Cox' s Lane. c. CENTRAL - embraces all of the territory of the Town of Southold lying between the East: and West areas. ARTICLE VIII. General SECTION. I. Every member of the police department is deemed to be on call for .duty at all times. .: SEC.TION 2. Meal periods shall not exceed thirty (30) minutes .and only one such period is permitted for each tour ..of duty. Meal periods shall be taken in the patrolman' s duty area, unless otherwise authorized, and headquarters shall be notified of the phone number where meal period is, taken. . . SECTION 3 . Members of ,the police department shall not consume intoxicating beverages. of any kind, nor be in an intoxicated condition while on duty, nor shall any member of the police department be on duty while his ability to perform his duties is impaired by the consumption of intoxicatifg beverages. Members. of the police department shall not sleep- while on duty. SECTION 4. Members of the police department shall be courteous at all times to all persons and shall give his name and shield number to any person when requested. a . SECTION 5 . Every member of the police department shall be fit for, and subject to, full duty at all times, except when on authorized leave or absence, Permanent physical or mental in- capacity to perform police duties shall be cause for dismissal from the police department. Every member of the police department shall devote his entire time and attention to the service of the -police department,.. .and shall . not engage in any other business or employment. if such business. or employment .shall interfere with such member.' s duties as a member of the police department . SECTION 6. No member shall leave the Town of Southold ' in uniform and in a .police vehicle except inclose pursuit, extreme police :emergency or when directed to do so. by a ranking officer . SECTION 7 . When a member is assigned to perfrom the duties of another rank, he shall be governed by the rules, regulations and. orders affecting that rank. SECTION 8. Members shall treat as confidential -the official . business of the police department... They shall not impart to anyone except those for whom it is intended any police infor- mation, .unless legally required to do so. SECTION 9. Injuries sustained by members of the police department shall be reported immediately to the Chief of Police. SECTION 10. No members of the police department shall incur any claims chargeable to the Town of Southold without the knowledge and consent of the Chief of Police. RULES & REGULATIONS -: POLICE CONT. SECTION II. Members of .the police department shall be civil and respectful to each other on all occasions and shall not make derogatory or untruthful statements concerning officers or em- ployees of the Town of Southold. Members of the police department shall cooperate .fully with all other law, enforcement .authorities. SECTION 12. No members of the police department, whether on or off duty, shall do or say anything which would in any way be prejudicial to the, good order or discipline or reflect upon the reputation of the Southold .Town police . or which would ad- versely affect the interests of such police department. SECTION 13 . Every member of the police department shall perform all duties assigned to him. SECTION 14. Every member of the police department shall carry on his person the authorized -identification card of the police department and- shall report the loss or theft thereof immed- iately to the Chief of Police. SECTION 15. Members of the police department shall neither interfere with, nor attempt to influence, the lawful business of any person. SECTION 16 . Whenever deemed necessary .by the Chief of Police, all Alice personnel shall attend Police Training Courses such as, Firing Range for qualification, First Aid and Resuscitator instructions, etc. The Chief of Police is hereby authorized to prescribe the time and manner in which police personnel attend these classes. SECTION 17. Members_-of the police department shall .not smoke while on foot patrol or traffic duty. SECTION 18. All patrolmen, on duty between the hours. of Mid- night and 8: 00 A.M. shall call headquarters via radio at least once every hour . If no signal is received within the hour, the radio operator sha11 notify the -Sergeant in charge or the Chief of Police. ARTICLE IX Radios and Police Vehicles SECTION I. It shall be the responsibility of every member of the police department to familiarize himself with the- proper operation of police radios as prescribed by..Federal Communication Commiss- ion regulations. SECTION 2 .- Only prescribed forms shall be used in recording alarms of all nature. Temporary forms shall be used for all County alarms and permanent forms shall be used for all local alarms. SECTION 3 . It shall be the duty of the.'.radio operator to record all transmissions and promptly dispatch the same to local mobile units ifzrequired. When receiving a complaint requiring a radio alarm, the radio operator shall dispatch the same to local units, Suffolk County Sheriff' s Office, Suffolk County Police Department, and the New York State Police. .. SECTION 4. The radio operators shall keep the radio room quiet when -dispatching -and receiving transmissions and under no circum- stances use profanity or unauthorized language. All trans- missions shall be brief and in code -when possible. RULES & REGULATIONS' - POLICE CONT. SECTION 5 .: Members of the -police department when operating radio equipped: vehicles shall sign_ in immediately after starting their patrol tour. and sign off prior to..completing such tour . In cases where it is necessary to leave any radio equipped police vehicle, the operator shall report to. the radio operator, in code, giving location, length of absence.' from unit and when possible a telephone number where he. can be reached. by the radio operator. All members of- the police department shall answer radio transmissions pertain- ing to such unit immediately. SECTION 6 . Repairs and/or adjustments to all police radio equip- ment shall be made by persons authorized therefor' by the Chief of Police. SECTION 7. All police vehicles. shall be employed in official police business only. -'Transportation of unauthorized persons is prohibited unless. authorized. by the Chief of Police or the officer in charge. SECTION 8. Ignition keys shall be removed from all police vehicles and the engine shut off at all times that such vehicle is left unattended. SECTION 9. All police vehicles shall be operated in such a manner as to avoid injuries to persons and property. Such vehicles shall not be operat&d in a careless, negligent or reckless manner. No police vehicle shall be engaged in towing or pushing any other .�,;,:� _ motor vehicle. SECTION 10. Care of police cars and preventive maintenance. Every operator of a police vehicle shall be required to completely fill out a before operation check sheet at the start of each tour of duty.. .Check sheet_ shall consist of .the following: a.. NAME.: Each officer shall print his name in. the indicated space. b. SHIFT: Officer shall fill in the hour of. each shift. c. DATE: Each. officer shall fill in the date. .. d. MILEAGE: Each officer .shall fill in the speed- ;:,"; ometer reading - at: the . start and end of each shift. e. TIRES: Each officer shall be required to check each tire., . including the spare, .for the following: condition of tread, bruises, cuts and visual inflation. Any defects shall be noted under "remarks" and reported to. the Chief of Police. f. GASOLINE: Each officer . shall be required to fill the gas tank at. the completion of his tour o.f. duty and note the number of gallons necessary to fill. such tank. g. OIL:. Each officer shall check .the crankcase oil level at the start- of his tour of duty, and each officer who is on duty when it becomes necessary. to change the. oil, shall make a note in the . "remarks" column when such oil was changed and. the speedometer reading at the time. h. . WATER: .Each officer shall check the radiator water level and. rubber hose connections. i,,. INSTRUMENTS: . Each officer .shall dur?ing his tour of duty: ascertain whether. or not the dashboard instruments are in order., and any defect shall be rioted under "remarks" and reported to the Chief of- Police. .its RULES & REGULATIONS - POLICE CONT. J. CLEANLINESS: -Each officer shall at the completion of his tour_ of duty sweep out the interior of the car and clean the windows, windshield and rear view mirror . k. EQUIPMENT: Each officer shall at the start -of his tour of duty. ascertain that the following equipment is in the police car: 12 flares, one fire axe, one full CO2 fire extinguisher, one Halligan tool, jack, one shovel, 2 blankets, one accident board, at least 6 accident report blanks, one resistance belt and. resuscitator and first aid kit adequately supplied. 1. MECHANICAL BEFECTS: Any mechanical defects noted dur- ing the tour of duty shall be reported in the "remarks" column and the the Chief of Police. m. CONDITION OF ROADS: Each officer shall note the . con- ditions of the road, dry, wet,. slippery, icy, snow. Snow tires shall be put on whenever in the discretion of the Chief of Police or the officer in charge he deems it necessary and it shall be noted in:the "remarks" . column when such snow tires are put on. Periodic checks of the police cars shall be made by.the Sergeants and Chief of Police . ARTICLE X Chemical Tests . SECTION I. Chemical tests pursuant to Article 31 of the Vehicle and Traffic. Law. Every member of the police department having reasonable grounds to believe that the operator of a motor vehicle to ha�,We been driving in an intoxicated condition or, while his ability to operate .such motor vehicle was impaird by the consumption of alcohol- shall arrest such driver and therafter request such driver to submit to a chemical test (blood) by asking such .person the following question: "Will you submit to a chemical test for intoxication?" The police officer shall then comply with the following rules: a.- Take the arrested driver to headquarters where his name can be recorded and notation made of the charge against him. b. His physical condition is then .carefully noted on the .. prescribed department standard alcoholic influence report form. A matron shall accompany all . female offenders. c. Within two hours of the time of arrest, the arrested person is -again requested- in the presence of another officer or .witness, to submit to a department approved . . type of chemical -test (blood test) . If such consent is given, the approved test i. s followed exactly. The pre- scribed Suffolk County Laboratory blood sample container shall be employed and. the blood sample taken from the arrested person as instructed within a kit by a .local licensed physician. The blood sample container shall be sealed by the arresting officer and both the officer and. physician shall initial the sealed cap and place the same in the .kit. . d. The kit shall then be dispatched to the Suffolk County Police Laboratory. or other authorized laboratory by either registered or certified mail or by delivery by the arresting officer directly to the laboratory. If delivered by the arresting officer, a receipt must be obtained from the laboratory showing the kit and number and such receipt attached to the information. e. When the arresting officer is notified by the labor- atory that the. same has been processed, he shall pick up the kit and secure the smme until the time of trial. Under no circumstances will any other persons be permitted to come in contact with the kit. Once it is presented as evidence, it then becomes the property of the Court . RULES & REGULATIONS - POLICE CONT. F. In the event that the offender refuses to submit to a chemical test, the arresting officer shall prepare a-a sworn statement setting forth full facts and circumstances surrounding such refusal using the form prescribed for this purpose. The statement shall be countersigned by the Chief . of Police and made in duplicate. The original shall be for- warded to the Commissioner of Motor Vehicles and the Jupli- cate shall be filed with the DWI or DAI information. g. when requested, the arrested person is to be furn- ished with a copy of the results of the chemical test. h. When requested, the arrested person is to permitted to have another test performed by a physician of his own choosing at his own expense. ARTICLE XI Blotter, radio Logs and Schedules SECTION I. Entries in the police blotter, radio logs and schedules shall be made by the radio operator or person designated by the Chief of Police or officer in charge. SECTION 2. - The blotter shall contain: a. The record of duty of each member of the police depart- ment with- the nature, time and location of such duty. b. The movements of the members of the police department assigned to perform regular tours of duty. ' c. An itemized list ofzall property. coming into possession of any member of the police department, the circumstances -under which received, the full name and address of the person finding, losing or recovering such property, the alleged owner' s name and address, the .value of such..prop- erty and the disposition made thereof. d. A record of subpoenas received or served upon members of the police department. e. A brief entry of all occurrences with proper reference to aided, accident cases, alarm numbers and criminal file .. case ,number s. .. f.. Entries of. members .reported on vacation, authorized . leave, sick or .ab.sent for.• any. other reason.. ,. g. Delinquencies of, members of the police department. h. A record of all police business as well as a record. of all of the members of the police department. i. The radio operator immediately upon reporting for his tour of duty shall enter the time, existing weather con- ditions and temperature and shall initial .the same. j . Every entry shall be initial by a person entering the same. k. Every entry .shall be properly cross indexed and numbered in numerical sequence. 1. The police blotter is the official record of the police department and contains from time to time classified and confidential information. The Chief of Police is hereby given authority to prescribe the time when and the manner in which persons who are not members of the police department mewy 120 RULES & REGULATIONS — POLICE CONT. MAY INSPECT THE POLICE BLOTTER. Under no circum- stances shall confidential information be permitted to be examined by any person other than one authorized by law to examine the same. -Information, the disclosure of which would interfere with the investigation of a crime, shall not be revealed. ARTICLE XII Aided and Accident Cases SECTION I. Every member of the police department shall render assist- ance to a sick or injured person and when necessary shall call a doctor and/or ambulance. He shall obtain the full name, date of birth, resid- ence, occupation. and a full description of the person injured as well as a full and complete statement of the surrounding circumstances. If injury occurs on a public street or in a public place, he shall care- fully note the surrounding conditions such as broken pavement, excav- ations, unlit street lights, snow and ice and,any. other conditions con- tributing to the happening of the injury. He shall enter such conditions in his report and promptly file the. .same at headquarters. SECTION 2. All accidents shall be. reported in the accident cD .repmrt book 'o in numerical order . Diagrams of all accidents involving death or serious -rq u injury shall be completed on the reverse side of- the report. ,, The report U N shall include the names of all persons involved in the occurrence, the 0 names of which shall be cross indexed in the accident report book. A P special report shall be completed whenever a fatality occurs. The invest- igating officer shall prepare and sign all accident reports. SECTION 3 . When a, member of. the police_ department observes a defective U or unsafe condition in any street, highway or public place likely to N cause an accident, he shall promptly note the nature of the defect or unsafe condition and, forward such information to headquarters. The Chief +' of Police or. the officer cbn charge shall make a record of such defect 0 or unsafe condition and shall immediately notify the public authority responsible for remedying such condition. SECTION 4. It shall be the duty of the investigating officer at the -0 acciaceueios properly rthoearicideit,to cake certain that the area .in' the vfcinity of the pex y sa eguar ed and also tip make certain that a 1 dam ged vehicles,. br-oken glass-, oil, gasoline and other-foreign matter - is removed / SECTION 5 . It shall also be the duty of the 'investigating officer at the scene of an accident when : necesaary to c.ause .emergency flares, warn- ing lights and other devices -to. be, utilized. . SECTION 6. If the services of a doctor are required at the scene of an accident, the investigating officer shall request such services from headquarters. The Chief .of Police, . officer in. charge or the radio<,>oper- ator shall summon a doctor, using the appropriate doctor ' s list main- tained. for that purpose at :headquarters. SECTION 7 . _ It shall be the duty of every .member of the police depart- ment to prepara 'and file with. the Commissioner of Motore Vehicles all reports required by the provisions of the Vehicle and Traffic Law. SECTION 8. In all cases of accidents requiring the services of a tow truck or wrecker, -the police officer investigating the accident shall call the nearest available tow truck or wrecker, unless it is the desire of the owner and/or operator of .the vehicle involved. to do otherwise. SECTION 9> .It shall be the duty of the officer in charge to promptly notify the relatives or friends of persons injured or killed in accid- ents or other occurrences. RULES .& REGULATIONS POLICE CONT. 121 ARTICLE XIII FIRES, RIOTS, STRIKES, ETC. , SECTION I. All members of the police department, while. on or off .duty, , shall transmit to police headquarters all information coming to their attention. concerning any unusual occurrence, serious and important, casualty, crime and any unsafe or dangerous .condition to. the, public and shall be required to take the appropriate action relative thereto. SECTION 2. In case of riot, . fire, strike or . other emergency., the member of the police .department first .on the scene. shall assume, ch arge of police functions until a higher. ranking officer arrives and assumes charge. SECTION 3 . The members of the police department . shall facilitate:-.the operations of fire departments by maintaining fire lines, and excluding from Within such lines .all unauthorized persons and vehicles, Whenever possible, :. fire lines, shall be extended beyond .the .fire apparatus or .the fire hydrant in use most distant from the. scene of the fire. For the purpose of cooperating with fire departments, members of the police . department shall report to the officer in charge of the fire department . and perform such:. proper police. functions that may be requested. SECTION 4. Upon display of proper authorization, the following persons shall be, admitted. within the fire lines; a. Members of thQ police department, members of the fire departments, building and. fire inspectors, United States Post Office personnel, water, gas,. electric and telephone company personnel, .ambulance attendants and members ' of the fire patrol. b. The Owners of property in the .vi.cimity of the fire and their family when necessary and members of, the .press after properly identifying thenselves. SECTION: 5 . The . following .iqotor vehicles shall.,be admitted within the .: fire lines: a. Police and fire vehicles b. Ambulances c. Vehicles used in conveying United States mail. d. Utility. company.vehiclgs if their services are required at the fire. e. Building and fire inspectors vehicles. . SECTION .6 —The chief -engineer of the fire department is. in charge of all firematic..duties at.. the scene of a fire.. . SECTION .7. The .ranking officer or senior officer .at :the scene of. a fire 'is in charge of. any criminal. investigations, arising, out of such-, fire. SECTION 8. At -the-.. scene of. a. fire, members of the police. department shall exercise. due. care to .insure. the protection of..persons and .prop- erty. SECTION 9. .In the event,,of a strike, the officer in .charge: shall.. immediately notify the Chief of Police who shall communicate with the . Suffolk County Sheriff':s Office. and/or the Suffolk County.Police. Department to provide for appropriate security measures. in_ the, area of the , strike..: RULES & REGULATIONS - POLICE CONT. ARTICLE XIV UNIFORMS AND EQUIPMENT SECTION I. Members of the police department, unless otherwise directed,- - shall wear the uniform prescribed by the Chief of P.blice while on duty. SECTION 2. Every member. _of the police department must be. neat in -his . . person. and dress when on duty. SECTION 3 . Members of the police department shall not wear, use, display nor have in .their any police, shield or similar badge except the shield or badge authorized by the Chief -of Police. Members of the police department shall carry the authorized badge. or shield at all times. The authci.zed shield or badge shall be worn by all members of. the police department on all court appearances and when testifying before a Grand Jury- or other official hearing. SECTION 4. Members of the police department shall be personally 'respon- sible for their uniform and equipment and no emblem, patch, . shield,. - badge or other ornament shall be worn unless authorized by the Chief. of Police. SECTION 5. Loss, damage, injury or .unserviceable condition of .police equipment shall be promptly reported to the Chief of Police. SECTION 6 . All members of the police department shall be equipped with the following equipment: a. Pencil and/or pen... b. 38 caliber revolver, loaded. c.. 12 extra cartridges. d. Holster for revolver . e. Whistle f. Nightstick, when ordered. g. Handcuffs. SECTIONT5 . It shall be deemed a -neglect of duty, for any member of the Police de- partment to lose his shield and/or badge, emblem, identification card or any insignia of the -police .department„ or failure to. carry .the same properly on his person, or failure to report the loss of the same promptly to the officer in charge.. ARTICLE XV. Sickness, _Vacations� and Absence SECTION I. Sickness Whenever a member of the police .department .is unable to report for . duty due to sickness, such person shall notify the Chief of..Police or -the officer to charge at least two hours before his scheduled tour of duty, if possible, advising 61 the nature of the. sickness.- Upon request of the Chief of Police, such member 'shall be. required to produce a doctor ' s certificate whcch shall state the necessity dor such member being absent from duty and the nature of the illness. The Chief of Police may assign any officer of r ank- to visit the sick member of the police department to ascertain such illness. and the extent= thereof. When a. member Is . . . absent due to sickness, such member shall not leave his residence or, place of confinement except by permission or instruction of the attending physician. All members of the- police department shall 'be entitled to be absent from .duty due to sickness as aforesaid for '-twelve days in each calendar .year during which absence such person shall receive full pay. Any. such sick leave not used in a calendar year may be accumulated to the extent of ninety days. SECTION 2. Vacations Every member of the police . department shall be entitled to fourteen days vacation in each calendar year . Such vacation period shall be a fourteen RULES & REGULATI;ONS - POLICE CONT. 1_3 DAY CONSECUTIVE PERIOD, COMMENCING ON A Monday. Every member shall sign out when commencing a vacation period and sign in when returning from a vacation period. The vacation period .of each member shall be det- ermined by the Chief of .Police.. . SECTION -3 . Any member of the police department, on application to the Chief of Police, may be. granted a leave of absence, with full pay, in case of a death in the immediate family of such member . ARTICLE XVI General Provisions SECTION. I. All members of the police department .shall be expected to conform to all the foregoing rules and .regulations. SECTION 2. For a violation of the foregoing rules and regulations, or disobedience, or of incompetency to perform official duty, or of any act of delinquency seriously affecting his gener.al .character or fitness for office, ' a member of the police department may be punished by rep- rimand, by forfeiture and withholding of salary or, compensation, by extra tours or hours of duty, by suspension - from duty, or by dismissal from the department, in accordance with the provisions of. Local' Law No. 2 of the .year 1964, a local law relating to the establishment of a police department - for the Town of Southold, enacted on - September 29, 1964.- , SECTION 3 . If any provisions of.. these rules and regulations shall be held to be invalid, such invalidity - shall not affect the validity of the remaining provisions of these rules and regulations. SECTION 4. Effective Date These rules and regulations shall take effect .on ,the loth day of August, 1965, and a copy thereof shall be posted upon the bulletin board main- tained at p-olice'f headquar!ters:�y.and a copy thereof delivered to each member of the police department for his information, guidance and action. Vote of Town Boards. Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Councilman Demarest; -.seconded by Councilman Valentine; WHEREAS, Barbara. Dittmann, sectetary to the Planning Bcwd and .the Board of Appeals is on leave of absence, RESOLVED: That Supervisor Albertson be and he hereby is authorized to employ Mrs. McLean of, Southold, N.Y. at a rate of $.2.00 per hour during the absence of Barbara Dittmann. Vote of Town Board: Ayes- Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Councilman Demarest; seconded by Justice Tuthill; WHEREAS, Woodhollow Properties, Inc. petitioned the Town Board for a change. of zone of certain real property described in said petitirn from "A" Residential and Agricultural District to "B-2" Business District, and WHEREAS, the said petition was referred to the Planning Board for its official recommendation and report, and WHEREAS, the Toean Board:".pursu.ant�.to:,"due notice thereof held a hearing on said petition on July 13, 1965, at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED: That the relief demanded in said petition of Woodhollow Properties, Inc. be and the same is in all respects denied. Vote of Town Board; Ayes-.Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. .. Moved by Justice Tuthill; seconded by Councilman Valentine; RESOLVED: That the .Town, Clerk of the Town of Southold be and he hereby is directed to request the Long Island Lighting Company to install one .(1) 400 MV overhead stre.et .light on, Pole -#3 on :Wickham Avenue, Mattituck, N.Y. opposite the driveway into the Firehouse parking Lot, in the Mattituck Light District #1. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest_ and Valentine; justices Tuthill and Clark.. Moved by Councilman Demarest; seconded by Councilman Valentine; RESOLVED: That Peter Grattan, Leonard Green, George Muir, Stanley Kurkoski, Clarence Tillinghast and Joseph Andrade, Jr. , Special Constables, _ Town of Southold, be paid at the rate of $2.00 per hour and that they serve at the pleasure .of the .Town Board. . . .. Vote of Town Board: . Ayes-Supervisor Albertson; Councilmen Valentine And Demarest; Justices Tuthill and Clark. Moved by Councilman Valentine; seconded by Justice Tuthill: RESOLVED: That Supervisor Lester M. Albertson be and he hereby is authorized to have a traffic :study made .of .the streets in the vicinity of Founders Landing. Vote of..Town Board: yes-Supervisor Albertson; Councilmen Demarest . and Valentine; Justices Tuthill and Clark. Moved by Councilman Demarest;. seconded by Justice. Clark; WHEREAS, the contingent fund in the Annual Budget for the current, year is $15, 000, and WHEREAS, OF SUCH sum appropriated, #13, 000 remains. unexpended to date, NOW, THEREFORE, BE IT RESOLVED: That .$1.0.00.0.0 of the unexpended bal- ance be and the same is transferred to Traffic Signals. and that the amount heretofore appropriated for said purpose be and the same is hereby increased in the amount mentioned. Vote of Town Board: Ayes-Supervisor Albertson; councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Justice Clark; seconded by Justice Tuthill RESOLVED: That General Bills in the amount of $7474.61 ; Lighting District Bills in the amount of 3402 .25; Fishers .Island Ferry- District Bills in the amount of $22, 091-.28 and Highway Bills- in the amount of. $13,449.41 be and the same are hereby ordered paid. Vote of Town 'Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Justice- Clark; seconded by Justice Tuthill; RESOLVED: That- Frank S. Dawson of-New Suffolk, N.Y. be and hereby is appointed, subject to, the written approval of the District Supern- tendent of Schools, Attendance Office'r' to all schools throughout the Town except such schools as are otherwise provided for by Section 3213 of the Education Law, and be it further RESOLVED: That such attendance officer shall- be removable at the pleasure of the District Superintendent , of Schools, and be it further RESOLVED: That the compensation of such attendance officer be fixed at $1200.00 per year payable in regular monthly installments, he to pay his own expenses, and be it further RESOLVED: That the Town Clerk be and he hereby is instructed`to notify Frank S. Dawson and the District Superintendnet of Schools of the Appointment.. - Vote of Town Board: Ayes-Supervisw Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Justice Clark; seconded by Justice Tuthill; RESOLVED: That this Town Board meeting be and hereby is recessed at 5: 00 P.M. and will reconvene at the Supervisor ' s Office, 16 South Street, Greenport, N.Y. at 7: 30 P.M. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. .1 2 5 Moved by Justice Tuthill; seconded by Councilman Valentine: WHEREAS, the County of Suffolk proposes to dredge certain- areas, of WEST CREEK in the Town of Southold, which dredging will be- per- formed by County owned dredging equipment at a nominal cost to the Town of Southold, and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold-,- , now therefore be it RESOLVED: That the Supervisor be and he hereby is authorized to execute, onbehalf of the Town 'of Southold, all necessary,plans and specifications, spoil area agreements, assurances to the 'County, of Suffolk, license and/or dredging permit applications to Federal and State Agencies and all o`.ther documents that may be required to accom- plish said dredging work. Vote of Town Board: Ayes-Supervisor Albertson; -Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Justice Tuthill; seconded by Councilman Valentine; WHEREAS, the County of Suffolk owns and operates a dredge and other equipment suitable for dredging channels and depositing fill .on 'des- ignated areas, and WHEREAS, the Town of Southold has requested that the said dredge be used in connectionr:.:with the dredging of WEST CREEK, Town of Southold, as shown on the accompanying maps and specifications,' and WHEREAS, the Supervisor of ,the Town of Southold byIresolution duly adopted by the Town Board of the said Town of Southold has been auth- orized and directed to sign for and on behalf of the Town of Southold assurances to the County of .Suffolk, -that the said Town of Southold will perform all acts required to be- performed by said Town in connect- ion with the preparation for the dredging operation as aforesaid and obtaining of all necessary easements and rights of way for said dredg- ing operation and use of areas indicated on ,the attached map for spoil areas together with all necessary rights incidental to said dredging oper at-ion; NOW, THEREFORE, IN CONSIDERATION OF THE BENEFITS TO THE Town of Southold, as aforesaid, the Town of Southold hereby assures the County of Suffolk that it will: (a) Furnish, free of cost to,):.fm County of - Suffolk, all lands, easements, rights of ---way and spoil disposal areas necessary for the new work and subsequent maintenance when and if required for the dredging operations at WEST CREEK, all as shown on the attached map, and (b) Hold and save the County of Suffolk free from any claims or damages resulting from said improvement or resulting in any way from the said dredging operation or the use of equipment at the said WEST CREEK, or use of any spoil area or any other area affected by said dredging operation. IN WITNESS WHEREOF, I have set my hand and seal of the Town of Southold on this 10th day of August, 1965 . ATTEST: Town of Southold, New York Albert W. Richmond By Lester M. Albertson, Supervisor S E A L moved -by Justice Clark; seconded by; Councilman Demare-st; WHEREAS, the- County of Suffolk proposes to dredge- certain areas of BR OADWATERS COVE, in -the Town of Southold which dredging will be performed by- County owned dredging equipment at a nominal cost to the Town of 'Southold, and WHEREAS, on order to accomplish said dredging, plans, speciC�ications, agreements and other documents must be executed -on behalf of the Town of Southold, now, therefore, be -it RESOLVED: That the Supervisor- be and he hereby -is •authorized to execute, on behalf' df the Town of Southold, all'hecessary plans and specifications, spoil area agreements, - assurances to the -'County of Suffolk, license and/or dredging permit applications to Federal and State Agencies. 'and -all 'other 'document's'' t-h:at may be requir'e­d to -accomplish said dredging work. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. -.2 Moved by Justice Clark; seconded by Councilman Demarest; , WHEREAS, the County of Suffolk owns. and operates a dredge and other ,-t equipment suitable for dredging channels and depositing fill on desig- nated areas, and WHEREAS, the Town of Southold has requested that the said dredge be used in connection with the dredging of BROADWATERS .COVE, Town of Southold, as shown on the accompanying maps and specifications, and WHEREAS, the Supervisor of the Town of Southold by resolution duly adopted by the Town Board of said Town of Southold has been. authorized and directed to sign for. and,on behalf of the Town of Southold'assur- ances to the County of Suffolk, that the said Town of Southold will perform all ,acts required to be performed by said Town -in connection with the preparation for the dredging operation as aforesaid and ob- taining of all necessary easements and rights of way for said dreg- ing operation and use of areas indicated on the attached map for spoil areas together with all necessary,rights incidental to said,.:- dredging operation; NOW, THEREFORE, IN CONsideration of the benefits to the Town of Southold as aforesaid, the . Town of Southold hereby assures the County of Suffolk that it will: (a) Furnish,. free of cost to the County of Suffolk, all .lands, easements, rights of way and spoil disposal areas necessary for -the new work and subsequent maintenance when and if required for the dredging operations at BROADWATERS .COVE, all as shown on the attached map, and (b) Hold and save the County of Suffolk free from any claims or damages resulting in any way from the - said dredging oper ation or the use of equipment at the said BROADWATER COVE, or use of, any spoil area -or, any other area affected by said dredging, operation. IN WITNESS WHEREOF., I have set myyhand and seal cEth e Town of. Southold on this. 10th day of.August, 1965.. ATTEST TOWN OF SOUTHOLD, NEW PORK: Albert W. Richmond BY Lester M. Albertson, Supervisor S E A L Moved by Councilman Demarest seconded by Councilman Valentine; WHEREAS,' the Town .Board of -the .Town of_ Southold held a public hearing.. . on the 13th day of July, 1965 at 7: 30- P.M. on the question of the enactment of . an Ordinance . entitled "AN ORDINANCE LICENSING AND REGU LATING SECONDHAND JUNK AND AUTO PARTS, ACTIVITIES AND BUSINESSES"-,, .at which time .all interested persons were given an opportunity to be heard, and WHEREAS, the Town Board of the Town of Southold- deems, it ..in the public, interest. that said proposed Ordinance should 'be enacted, NOW, THEREFORE, BE IT RESOLVED AND ORDAINED: That the Town Board of the -Town of Southold enact the following Ordinance to wit:-- AN ORDINANCE LICENSING AND REGULATING SECOND HAND, JUNK AND AUTO PARTS ACTIVITIES AND BUSINESSES. Section I. Legislative Intent. Town By the adoption of- this Ordinance the/Board of the Town of Southold declares- its intent in, so diong to be .to regulafr, control and license the.. activities or businesses known as ,auto. "graveyards,. junk yards- and secondhand parts- collection areas. Said, Town Board hereby :declares that such activities or businesses can constitute . a hazard to property and persons, and a public nuisance. Such mater- ials may be highly inflammable , and sometimes explosive... Gasoline tanks on old autos often contain in some quantity combustible gasoline; the engine and other parts of such autos are frequently covered with grease and oil which is also inflammable. The tires,.- plastic seats,. tops .and other elements .of- such autos are also inflammable—Batteries anc .other elements of .such autos can contain. acids and other matterptentially. harmful to humans-. These auto S .frequently .contain sharp. metal or glass edges or points upon which a- human could receive serious cuts and abrasions. These autos can constitute attractive nuisances to children and certain adults. The presence of .such junk yards even in areas zoned for business or �_�'indus.try is unsightly and tends to detract.. from value of surrounding land and property unless such areas - are properly maintained and operated. SECTION II. Definitions. As used in this Ordinance. .(a) The term. "person"' shall mean an individual, an assoc- iation, a .partnership, a corporation. (b) The term "auto" shall mean passenger auto, -truck, tractor-truck, trailer, bus, motorcycle or other vehicle, however propelled, as well as tractors, bulldozers, machinery and 'equipment. SECTION III. License Required. No person shall engage in or conduct on real property within. the Town of Southold either for himself 'or for and on behalf of any other person directly or indirectly as agent, employee or otherwise any activity or business either for profit or otherwise, at wholesale or retail, which involves the collection; storage, ,burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging, for sale, -resale, storage or disposal or otherwise of bodies, engines, or parts of autos, without - first obtaining a license therefor as hereinafter provided. SECTION IV. Application for License. Each applicant for a license hereunder shall execute under oath an application therefor to be supplied to him by the Town Clerk, which shall contain the following information: That the apply-` cant is. over twenty-one (21) years of age, that he is a citizen of the United States, whether he has ever been convicted of a felony or mis- demeanor . and suh other facts or evidence -as is deemed necessary to establish that he is a person fit and capable of properly 'conducting the activity or business for which -the license is' sought; a- description of the exact type of business he intends to conduct, the nature of the materials .he intends to handle; the number of employees he intends .to engage; and the name and address of the owner or owners of the land and .the anture of the right of occupancy of the applicant to the use of such land. At the time. of making application the applicant shall submit to and file with the Town Clerk a map or plan of the real property upon .wh'icli he intends to conduct the activity or business for which he is `making application for a licnese hereunder with the area of such real property which it is proposed to use for such purpose, the location of the fence required hereunder indicated thereon as .well as the location of any buildings on such land and the location of any streets or highways abutting or passing through such land and the location of any water, sewer or gas mains or laterals available thereto as well as the general drainage pattern of ,such land. In the application the applicant ,shall agree that if granted .the license applied for, he will conduct the. activity or business pursuant to the regulations hereinafter set forth and that -upon his..failure to do so, such license may be revoked forthwith. A .person presently engaged in- or conducting an activity or. business .such . as described ]Herein on real property within the Town of Southold must apply for a license therefor within thirty (30) days of the ado�htion of this Ordinance. If the place where he conducts such activity or business presently complies with the requirements a person must meet to secure a license in the first instance, he shall be issued a license therefor if he meete the other requirements con- tained herein. If the place where he conducts such activity or busin= ess does not presently comply with the requirements a person must meet to secure a license in the first instance, he may be granted a' temporary license for one (1) year, during which year he must arrange the place where he conducts such activity or business so that it does then comply with the requirements a person must meet to secure a license in the first instance. - If at the end of subh year such person-has -not - so arranged his place of such activity or business he. shall. forthwith cease and desist engaging in or conducting the same and shall remove from such place any autos, parts or other materials of the nature described herein. If the person conducting such activity or business is not the sole owner thereof, he shall state such fact at the time he applies for his temporary license and the Town Clerk at the time, of issuing such temporary.'.license shall send the owners or each of them a notice of. the issuance of such temporary license to such person together with a copy of this Ordinance. ' SECTION V. The License. The fee for the license is hereby fixed in the sum of $25 .00, which sum covers not only the cost of issuing the license- it self blit also the cost of making the necessary inspections of the premises to. ascertain compliance with .the regulations hereinafter--pre- scribed. Such license shall be placed and at all times displayed in a conspicuous place at the' licensee' s place of activity or business for which it is issued. ' Such license shall be effective from the -date of its issuance until the 31st day of December of the year of such issuance after which a new application f6" license- must -be made yearly if lic- ense if licensee desires to continue such activity or business. Such license is personal with' the licensee. It does not go with the- title to the. land nor may it be sold, assigned; ' trans- ferred or disposed of. Such license` may be revoked- by the Town -Board after, a public hearing thereon at which the licensee shall have an ,opportunity to be. heard. Upon revocation-of a license the' Town .Board may require the removal. of autos, parts 'and' materials left as above provided in the case of .an applicant, for a .temporary license who fails to qualify for a license. In the event that an applicant fora, license as pro= vided, herein .s1v1l have previously been duly issued a valid' and effect- ive Junk Dealer' s License by the Supervisor of this ,Town,,. pursuant to the provisions of. Article 6. of the New York State General Business Law, then such. applicant shall be entitled'to and all-owed ' a''credit against the above ,.provided license fee in the amount "of $5.00; such Junk-Dealer ° s License fee actually paid by' such applicant; '&-herwise, this ordinance shall be fully binding upon and applicable to the holder of- any such Junk.Dealer-' s License. . SECTION.VL. Regulations. (a) The license must personally 'manage or' be- respon= sible for the management of the activity . or business for which the license is granted. (b) The licensee must'maintain an office and- a suffic- ient number. of employees on the premises to' assure the proper and--safe conduct .of such activity or business; to minimize the'- fire hazard -there- from and to prevent improper trespass thereon by children and others. (c) The licensee must erect and maintain a six foot (6 '.) wire fence of close mesh or one made 'of wood or of other 'material, adequate to ;prohibit the entrance of children and others into the area of- the activity. or business and to contain within such fence the mater- ials ,dealt' in by the licensee, and ''if "such area abuts a residential area or. .publi.c- street or highway such fence shall be twenty-five feet (251.)., from the boundary line 1.therebf... All the materials- dealt in by the licensee shall be kept within such fence at 'all times (d) Inside and adjacent to and contiguous with such fence a strip o.f land at least ten feet (101.) in width shall be dept free of all dry grass or other growth or -bther combustible material so as to provide a fire lane or line around the entire area where the activity or business of the licensee is being conducted. . (e) The autos,. parts and materials dealt in by the licensee shall be assembled or dismantled. They shall be piled or arranged in neat rows so as to permit easy, clear passage through the area. (f) There shall be maintained at each such place of activity or business for which a license is issued at least one (1). fire exting- uisher of approved design and capacity for each 40, 000 square feet of area. Each such fire extinguisher shall be hung or mounted in a conspic- uous place, clearly marked and available. , (g) When the ,area is not supervised by the licensee or his employeesm the fence shall be locked at a secure gate ,in a secure manner. (h) Suitable sanitary facilities shall be available, connect- ed to. approved public sewers or septic tanks, for the use and- convenience of 'the employees of the licensee as well as the general public visiting the area. (i) The area of the licensee' s activity or business shall not be used as adump area not as a place- for the burning and disposal of junk or trash. (j) The-Town Police, the Town Clark, or the Town Board or any of its representatives shall be granted access to the- area of the activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith. SECTION VII. Violation of Ordinance and Offenses Penalties therfor. (a) The owner or licensee of any such place of business who commits or permits any acts in violation of any of the provisions of this Ordinance shall be deemed to have committed an offense against such Ordinance, and also shall be liable for any such violation or the penalty therefor . Each day such violation shall continue or be per- mitted to exist shall constitute a separate violation. (b) For every violation of any provisions of this ordinance the person violating the same shall be subject to a fine of not more than $100.00 or imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. (c) Conviction for any above-mentioned violation shall con- stitute and effect an immediate forfeiture of the license. (d) Any person violating this ordinance shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100.00 for each such offense. Such penalty shall be collecti- ble by and in the flame of the Town for each day that such violation shall continue. (e) In addition to the above-provided penalties and punish- ment, the Town Board may also maintain an action or proceeding in the name of the Town in a Court of competent jurisdiction to compel compli- ance with or to restrain by injunction .the violation of such ordinance. SECTION VIII. Repeal. All Ordinances or regulations heretofore adopted in con- flict with this Ordinance are hereby repealed. SECTION IX. Saving Clause. If any clause, sentence, paragraph, section or part of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remain- der thereof, but shall be confined in its operation to the clause,; sent- ence paragraph, section or part thereof directly involved in the contro- versy in which such judgment shall have been rendered. _ SECTION X. - Effective Date. .This Ordinance shall take: effect ten .(10) . days- after publication..and. posting .or immediately upon -;personal service as. provided by Section 133 of the Town Law.- IT-.'IS FURTHER 'RESOLVED:. That the Town..Clerk of the Town of Southold give notice of such hearing pur.suant -to the applicable provisions of law. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and.'Clark.....: Moved by Justice Tuthill; seanded by Justice- Clark; , WHEREAS, Rev. John Jefferson has._applied .to. the Town Board for. a. single trailer permit- dated August 91. 196.5, NOW, THEREFORE, BE IT RESOLVED: That the application of.'Rev..,. John ; Jefferson. to 'locate a single. .trailer. on his property ,be and the same is hereby denied. Vote of 'Town Board:, .Ayes-Supervisor Albertson; Councilme.n.:Demare.st , and Valentine; Justices Tuthill and Clark. Adj ournemtent was at 9: 00 P.M. ..Albert W. Richmond Town Clerk