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HomeMy WebLinkAboutTB-05/18/1965 Moved by Justice Clark; seconded by Justice Tuthill; RESOLVED:' That General Bills in the amount of $3-8911.26; Lighting District"Bills in the amount of $3,408.12; Fisher-s Island Ferry District Bills in the amount of` $16,390.31 and Highway Bills in the amount of $4,664.35 be and -the same are- hereby ordered paid. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Recess was called 'at 5: 30 P.M. Albert W. Richmond Town Clerk MEETING OF MAY 18, 1965 .The-Southold- Town Board met at the office .of the Supervisor, Lester M. Albertson, at Greenport, N.Y. on May 18, 1`965 with .the following. . present: Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark; Town Attorney Tasker .and Town .Clerk ` Richmond. Moved by Councilman Demarest;, seconded by Justice- Tuthill: RESOLVED: That the next meeting of the Town Board will be `held at the office of the Supervisor, Lester M. Albertson. 16 South Street, Greenport, N.Y. .on Monday, June 7, 1965, at 3,: 00 P.M. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthili and Clark. _ Moved by Councilman Demarest; seconded by Councilman Valentine; RESOLVED: That the minutes of May 7,., 1965 be. and they are hereby approved. _ Vote of Town Board:_ Ayes-.Supervisor Albertson; .�ouncilmen, Demarest and Valentine-, 'justices Tuthill and Clark. ` Moved b " Justice Tuthill; seconded by Councilman Demarest; WHEREAS, Brushes .Creek PProperty Owners Association, Mattituck, U.Y. applied to the Town Board for financial assistance in dredging. the entrance of Brushes Creek, a town waterway in Mattituck, N.Y. NOW, THEREFORE, BE IT RESOLVED: That Supervisor. Lester M. Albertson be and he hereby is authorized to contribute half of the total cost up to but not to exceed the- sum of $475 .00 toward the cost .of dredg- ing the entrance of Brushes Creek, Mattituck, New York. . Vote of Town -Board: Ayes-Supervisor klbert`son; Councilmen Demarest and Valentine; Justices-, Tuthill and Clark. ` Moved by Councilman Demarest`; seconded by Councilman Valentine; WHEREAS, Carlisle Cochran and Stanley Droskoski have served `the Town of Southold as` Police Patro3nen, for a period of one year; NOW, THEREFORE, BE IT RESOLVED: That the salaries of Carlisle Cochran and Stanley Droskoski .be and hereby are increased from $6100, to $6300. per year, effective as of May 29, 1965. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and.Valentine; Justices Tuthill and Clark. Moved by Justice. Tuthill; seconded by Councilman Demarest; WHEREAS, a.,petition was received from Anna E.,,Hansen requesting ;a change of zone of certain property in Mattituck, ,N.Y. .described .in said petition from .."A" Residential and Agriculural District .to "B-2" Business District, NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk -of. the Town of Southold be and he hereby is 'dtrected to transmit this application to the Planning Board in accordance with- Section 901, . Subdivision. 0 of Article IX of the Building. Zone Ordinance of .the Town of Southold. 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 Supervisor Lester M. Albertson be. and he hereby is authorize d. to gr-ant per mission` to the Southold Fishing Station to" hold a boating.event on' July 4, 1965 Vote of Town .Board Ayes-Supervisor Alberts6n; 'Coun61lmen Demarest and Valentine;; Justices .Tuthill and Clark. Moved by Justice Tuthill;' seconded by Councilman Valentine; RESOLVED: That the Southold Town Board will accept a Bond of $35,.000 as recommended by. the Southold Town Planning Board for the completion of roads in the subdivision "MATTITUCK ESTATES", owned by Mattituck Estates Inc. .Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Justice Tuthill; seconded by Justice Clark; WHEREAS,' John J. Klein, -Sr, has applied' to the Town Board for a single trailer renewal permit -dated May 1,9651, NOW,, THEREFORE, BE IT' RESOLVED: That the application of John -J. Klein, Sr. to locate a single trailer- on his property on Main Road, Mattituck, N.Y. be and hereby is granted for a six month period from June '22, 165 . Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices`'Tuthill and Clark,' At 3s3­0 P.M. in accordance- with notices' published according -to law, bids were opened -for proposals_ for% furnishing the Town-of Southold- one (1) 'new 1965 Travel `Van- (or equal)- for the use. by the, Assessors'. Only one bid was submitted: Tryac Trucking Equipment Cp :_$3239.60 Moved' by-Councilman Valentine; seconded by -Councilman Demarest; - WHEREAS,, -the- Board- reported that` the' lowest -and- only bid on the Travel Van (or. equal) was submitted by Tryac Trucking Equipment ,Co..; NOW82HEREFORE, BE IT RESOLVED: That Lester M.- Albertson. be and he hereby is directed to enter into a contract with 'Tryac' Trucking Equipment Co, for the purchase of one (1) new_ Travel Van (or Equal) at a cost of.'$3239.60 to be delivered to-.the Town of Southold. , Vote bf' Town Board-- Ayes-Supervisor Albertson; 'Councilmen-Demarest and Valentine; Justice' s 'Tuthill and -Clark. _ I Moved by Justice Clark;.-seconded by Councilman Valentline; ` WHEREAS, ' the Bond No. S-571120' was issued by the Aetna Insurance' Company in" the `name ,of Harold; Reese Sr . and Frederick' Reese of 855 Sunrise Highway, Lynbrobk, ,-N.Y. in` the, sum of -$25,000 and WHEREAS, the 'said principals have' made -application �to the South old` Town Planning Board, Southold; N.Y. ' forI- the approval ' of a plat' known as HARBOR LIGHTS ESTATES, Suffolk, New York, and WHEREAS,-''Southold 'Planning Board has, granted' approval of the afore mentioned Plat' subject to the filing of the" Bond, NOW, THEREFORE, BE IT- RESOLVED: That the condition' of- this obligation is 'such that if the said principal shall, during the period beginning on the n10th day "of May, 1965 'and ending the loth day of May 1966, ' well and truly. keep and in every're'spect' comply with and conform to the 'provisions" of the Town -Law and the. subdivision regulations of the Southold Planning Board -and make or cause to -be made -the -improve ments on the streets and other facilities required by the Southold Town Planning Board and-shall pay, make.' good 'and reimburse the Obligee 'for all loss arid damage which it may sustain by. reason of failure -on the part .bf. the -principals. to'.complete the improvements and facilities ,on the streets, then this obligation -is void otherwise to remain in full force and effect, and be it further "- RESOLVED.: That the same is, hereby approved as to its 'form, =�mannor ' of execution and sufficiency of sureties therein. Vote,'of' Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; . Justices Tuthill and Clark. Moved by Justice C ark7 seconded by Justice Tuthill; WHEREAS, Southold/ �anning. Board has prepared an official ,report and recommendation upon the petitions of Della_ Chew, 'Thomas Jurzenia, Woodhollows Properties Inc. and William J. Baxter Jr. and others for `a change -of zone from "A". Residential._.and Agricultural District to "B-21!' Business District, NOW,, THEREFORE, BE IT RESOLVED: That a public hearing .will be.held by- the Southold Town -'Board at- the, Supervisor-' s Office, .16 South Street, Greenport, N.Y. on June . 17, 1965 at 7: 30 ,P.M. on the above. mentioned petitions .and that .the -Town Clerk be and he hereby is . . authorized and directed to cause a notice of said heating to be published in the Suffolk Weekly .Times =pursuant to .the -requirements of law. Vote of Town Board: Ayes-Supervisor- Albertson; Councilmen .Demarest and Valentine; Justices Tuthill and Clark.. Moved ,by Justice Clark; -seconded: by -Councilman Demarest;._ WHEREAS, Southold Town Planning. Board has prepared - an official:: . report and recommendation upon the petition of Vina Baker and George VanBuren for a change- of zone. from "A" ;Residential .and Agriculural District to 11B-2)1, Business District, NOW, ,THEREFORE, _BE IT RESOLVED: That ,a public .hearing will be held by ,the Southold Town Board at the Supervisor' s ,Office, 16 South_ -St.. Greenport, LT.Y.- on June .11,. 19,65 at..7: 30 P.M. .on ,the .above mentioned petition and that the Town Clerk ,be and: he,,-hereby is, authorized:- and directed-to cause a- notice of said hearing .to :be ,published . in the -Suffolk Weekly Times pursuant to the. requirements of--law. Vote of Town -Board: Ayes-Supervisor Albertson; Councilmen. Demarest and Valentine; .Just-ices Tuthill and Clark. __ : Moved by Councilman Demarest; seconded- by Councilman. Valentine RESOLVED: That the Town .Clerk -be and he -hereby is directed to.'request the Long Lsland :-Lighting Company to.:install one (1) .-400 WMV._ street. light and ..pole in . the Southold- Parking Area acr.oss :- from. the Southold Post Office in''the-'Southold Light District after. consulting with Supervisor-Albertson. as to the -location -'of same. Vote of Town Board:--Ayes-Supervisor. Albertson; ..Councilmen_Demare.st and. Valentine; Justices Tuthill..an& Clark.�.'_ Moved by Councilman Demarest seconded by-. Councilman Valentine;_ . WHEREAS, the Contingent Fund Full Town in the Annual Budget for .the current. year is.'$15, 000, and , .. .`. . . . WHEREAS,, of such appropriation .$13, 000.remains .unexpended to-date, NOW, -- THEREFORE; BE- IT RESOLVED:. That $.1800. of said unexpended -. .. ._balance be and .the same -i.s. transferred to Tr_aff.ic:.Signals-Full::Town and- 'that the ,-amount heretofore.:appropriated _:for said, purpgse...be and the .same.:is he reby_'increased-.in the amount mentioned. .'. Vote of Town Board: Ayes-Supervisor Albertson;-, Councilmen Demar.est.. : and Valentine; Justices Tuthill and Clark. Moved by Justice Clark; seconded by Councilman Demarest; . WHEREAS,.. the Town Board-..desires to amend the Southold Town, Ordinance ,Prohibiting .and ,Regulating. .the Disposal of- Garbage and Rubbish, NOW,_ •THEREFORE, 'BE IT_'RESOLVED, that a ;public hearing be-.he1d .by the Town Board of the Town 'of Southold-,at the Supervisor.' s Office;- 16 South Street, Greenport, N.Y. on the llth day of June, 1965, at, 7:30 P.M. o'clock, on the matter ':of the amendment of the following Ordinance, to wit:-- THE- SOUTHOLD-:TOWN ORDINANCE. PROHIBITING AND REGULATING THE. DISPOSAL _OF >GARBAGE AND RUBBISH.'- .adopted-.-by. the Town..Board. of :the. Town,:o f Southold.'.on March..23;. 1948, is. hereby..amended to read as .follows::. .. SECTION I. Definitions. Words and .terms used in this.: Ordinance._.shall have , the following ,meanings: 84 (a) -The -term "person" .shall mean an.. 'individual, .an association, ,a .'partnership, -a ,corporation. :.(b) .The. term.. "refuse". shall mean any animal or vegetable: refuse, offal, swill, garbage, papers, ashes, junk, trash, rubbish, . waste .of whatever material .'composed, discarded machinery or pants thereof,, discarded. vehic,les:.or parts -thereof, and an _unlicensed .motor vehicle parked, stored or .standing outside, an enclosed building in .an inop- erative condition for more _than thirty (3.0) :days. (c) The term . "attendant" shall .mean any employee .of .the Town of Southold placed in charge of a Town refuse disposal area under the; direction of. the Town . Board. (d) The, term "refuse disposal area" , shall mean any permises designated by,the: Town Board as the refuse disposal area of this .Town for the disposal of refuse by the. residents -of . this Town. ; SECTION II.. Dumping Prohibited Generally. No .person_'shall collect, store, accumulate, throw, cast, , dep'osit !or dispose .of, dr-: cause or permit to. be collected, stored, accumulated, thrown, : cast,, deposited or .disposed of, any refuse .upon any premises :'or any ,.street, .highway, sidewalk, or ;public place with- in the Town .-of Southold, -except when authorized by the _.Town Board. : Nothing .contained:herein shall -be : construed to,prevent the -temporary accumulation of..'refuse .by a .resident. of. the Town upon premises occupied by him to the extent: that_ such.-'accumulation is ordinary and necessary for his personal household requirements, nor to prevent the disposal . of refuse at any refuse . dispo.sal. area maintained or -authorized by' the. ToWn of Southold, nor to-prevent the -proper use . . of.:receptacles;placed upon the. streets or other:_public places in the, Town: of Southold:. for the-, depositing: of refuse, nor to engage: in secondhand Junk-.and auto parts:..activities and-businesses. when.~a license therefor has been obtained pursuant : to the provisions_'_of.: .the Southold Town. Ordinance licensing. .and regulating: secondhand junk and auto parts activities. and businesses. SECTION III. - Town: Refuse Disposal Area:: No person shall deposit or cause to be dpposite.d _in or. on._.: an refuse disposal. area maintained by the -Town .of Southold any. substance of- any kind except in the areas designated and .under- .tt}e direction of- the.'.attendant ih charge, whether such direction is, given personally, or by.':another person by his _authority, . or by .a; sign:'or: signs erected in-':the refuse disposal area-by-'-the.' authority of the Town Board or such attendant. SECTION IV. Conveyance and Transportation of Refuse. -No person shall convey or transp:ort� refuse through: toe , streets or public places of the Town of SoutholdAn. any .cart., wagon;.:Vehi.cl.e, or by any other means 'unless adequate ,care is taken tQ prevent,..t4e, spilling of 'refuse in such streets- and public places. SECTION- V. - Violation of: Ordinance.. . ' (a) Any person violating any of the provisions of this Ordin- ance shall -be deemed :to have committed -an offense against such Ordin- ance, and also,- shall --be liable for _any such violation and the penalty therefor-. °Each day..such violation shall-':cQntiriue or be ,permitted:;to exist will constitute a separate violation. .(b) . For every violation of any provision,sof this Ordinance, 'the person -violating the -same shall -be-- subject to a fine- of not more than One Hundred Dollars ($100.00) or imprisonment not exceeding thirty (30) days, or by..both :such fine and, imprisonment. (c) Any p@rson_volating this ..Ordinance_shall_.be .subject to a vivil penalty enforceable and collectible by--,the-.:Town in. the:-�amount ., of One Hundred Dollars ($100.00) for each such offense. Such penalty shall-.-be collectible by and in the name of the Town._for• each 'day that such.-violation shall. .continue. , SECTION VI. 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. remainder thereof,. but shall.-be cpnfined in its operation .to the clause, sentence, paragraph, section or part- thereof directly involved in the_controversy in w1#ch such,judgment, shall have been rendered. SECTION VII. Effective Date,. This Ordinance shall take_.effect .immediately. IT IS FURTHER RESOLVED, that the Town Clerk::of.,.the .Town of 'Southold ., give notice of such hearing pursuant to the applicable provisias of law. Vote -of ,Town Board: Ayes-Supervisor. Albertson;. "'ounclmen- Demarest and Valentine;.. Justices::Tuthi ll.' and-.Clark. : .Moved. by.':Jus.tice Clark; seconded_ by Councilman .Demarest;,: , WHEREAS, this Board deems it.' in-'-the best' interests of the: Town, of `, Southold:;and. the inhabitants thereof that an Ordinance be enacted :by this Board .to provide for the..licensing and regulating of.' :secondhand, junk and,- auto parts ,activities and businesses, NOW, .THEREFORE, BE IT RESOLVED:. That a public hearing will be held -. by the Town-.:Board -of..the Town of Southold -at the Supervisor' s- Office, 16 South .Street, Greenport, New York.,...on..the: llth::dayt,of: June, :1965.,. at 7:30 P.M. o'clock, on the matter of the enactment ofr�the follow- ing Ordinance, to: wit:.- AN ORDINANCE LICENSING AND°- REGULATING SECONDHAND,: JUNK.AND AUTO. PARTS ACTIVITIES AND BUSINESS, SECTION I. . . Legislative Intent. : . By the.. adoption .of ,this..Ordinance. the Town Board' of:,,the Town--:of... Southold declares its intent in so- doing to be to- regulate., ..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. Surh, materials may be highly inflammable and sometimes explosive. Gasoline tanks on pM--Autos often contain.,in some quantity combustible gasoline;, the.. engine and other :parts .of ..such 'autos are. frequently cov_.ered..with, grease and oil ,whic;h, is also inflammable. The. tires, , plastic--,seats, tops and other -,elements.,.of. such,autos are..-.also inflammable. Batteries and ' other elements Qf such; autos-.can- contain. :acids and other_matter::potentially harmful-to•,humans, These autos 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.-certa n .adults. The_,presence: of such ,junk..yards, even in.;areas zoned.business or-:.industr.y ,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,..;.association, a partnership-, a corporation. .(b) . The_term-"aut.o.�' shall mean:'passenger auto.,: truck, tractor- truck, trailer, bus, motorcycle or other.v-ehicle,-.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-.:him-telf'.or for and on. behalf of other person directly or: indirectly as agent, employee or. otlaerwise= :any :activity or business either-'.for- profit or otherwise-,• at. whole- sale or retail, which involves the collection,: storage, burning, . dumping, disassembling, dismantling, salvaging, sorting or other- wise 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:'applicant 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 misdemeanor and such other facts: or -evidence as- is .deemed necessary to:establish that he is a person fit and capable'.:of properly conducting -.the, activ- ity 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 nature -of. the-right .of occupancy of .-the ,applicant; to the use of such land., o At the time of making the application the applicant -shall- submit to and file with the Town Clerk a map or plan of the real property upon which he intends to conduct the activity or business for which he is making application for a license 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 arid-:the-' location of-Any streets . c* -*9hwa�S abutting or passing through such land and the location of any water, sewer or:-gas. mains or -laterals available-thereto as well:�as the-:gen- eral drainage pattern of such-land. In the application the applicant •shall agree-'-that- if granted the lic ence-applied' for, he will conduct--the activity', or business pursuarit . to the:'regulations hereinafter set forth and that upon his' failure to coo so, such license may be revoked forthwith. . A person presently-engaged in or conducting ' an activity .or business such. as­de herein ion real property within the Town of Southold must-apply for a license -therefor) within thirty: (30) -days of :the. ,adoption ,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 meets the other require- ments contained '.herein.I �-the-place where he conducts such- activity or--business does-:not presently comply with the requirements a{ person must• meet to- -secure•A..license' 'in they first- instance;-,he=-may-�be grant- ed a��temporary license for one =(l) year, during which year -he must .arrange the place where he. conducts such- activity or-' business so, r7 ' . that it does then comply with the requirements a 'person must meet.':- 1-to secure a license in the first instance. If at the end of such year such person has not so arranged his place of such activity or bus- iness 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--termorary 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 itself but also the cost of making- the necessary' inspections of the premises" to. ascertain compliance with the regulations hereinafter -prescribed: 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 issuanceafter which a new application -for license must be made yearly 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, -transferred 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 for a license as provided -herein shall have previously been duly issued a-valid and 'efdective Junk Dealer' s License by the Supervisor- of this Town, pursuant to the pro- visions of Article 6 of the New York State General Business Law, then such applicant shall be entitled to and allowed a credit.-against the above provided license fee in the amount- ,of $5 .0011, such Junk Dealer' s License fee actually paid by such applicant; otherwise, this ordinance shall be- fully binding upon and applicable to the holder of any such Junk Dealer ' s License. SECTION Vl•. Regulations. (a) The licensee must personally' manage or -be responsible for the management of the -activity or business for- which the license is granted. Ab) The licenseemust maintain an office and a sufficient number of employees on the premises to assure the-proper and safe conduct of such activity or business, -to minimize the fire hazard therefrom 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 mush or one made of wood -or of other materials adequate to prohibit the entrance of -children and others into- the area of .the activity or business and to contain within such fence the materials=; dealt in by the. licensee, and if such area abuts a residential area or public street or highway such fence shall be twenty-five feet (25-' ) from the boundary line thereof. All the materials dealt in by the . licensee shall be kept within -such fence at all times. (d) ' Inside and adj acent -to and contiguous with such fence a stri`_". of --land- at -least- ten feet (10' ) in width shall be kept free of grass or other .growth or tbther combustible -material- so as to Pr ovide a fire lane or line around -the -entire area where -the activity or busin= ess of the licensee is being conducted. - (e) The autos, parts and materials dealt in'-by the licensee shall be disassembled or dismantled by means other; than .by burning. . 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 extinguisher of approved design and capacity for each 40,000 square feet of area. Each such fire extinguisher shall be hung or mounted ' in a conspicuous place, clearly marked and available. (g) When the area is not 'supervised by the licensee or his employees, 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' conven- ience 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 a dump area nor ,-as a place for the burning and.. dis- posal of junk or trash. (j) - The Town Police, . the Town Clerk 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 Offense: Penalties therefor. (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 t.o.have committed an offense against . such .Ordinan_ce, and also shall be liable for . any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate_ violation. (b). For every violation of any provision 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. ((!) .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 collectible by and in the name of the Town for each day that such violation shall continue. (e) In addition to the above-mentioned penalties and punish- ment, the Town Board may alsor.maintain an action or proceeding in the name of , the Town in a,Cour,.t of competent jurisdiction to compel compliance with or to restrain by injunction the violation of ' such Ordinance.. SECTION :VIII. Repeal, All Ordinances or regulations heretofore adopted in eon6lict with this Ordinance are hereby repealed. < <SECTI.ON 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 remainder thereof, but shall be confined in its operation to. the . . clause, sentence, paragraph, section-or part thereof -directly, in- volved in the controversy in 'which such judgment shall have been rendered. SECTION-X. ' Effective Date. Thi-s •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 pursuant to the applicable provisions of law. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Adjournment. AW Richmond.