New ‘surcharges’ for town code violations would fund water quality protection, human services programs in Riverhead

Fines for certain Riverhead Town Code violations could come with an additional surcharge to fund recreation and human services programs, remedy blight and beautify the town, and protect water quality, under a new law being considered by the Town Board.

People found guilty in Riverhead Town Justice Court of certain violations would pay a mandatory surcharges of $65-$250, depending on the violation, according to a draft of the law discussed during Thursday’s Town Board work session. The surcharges would go to special funds and appropriated as needed by the Town Board in the annual budget.

“The goal is to basically link up the violations to a corresponding remedial and restorative fund,” Deputy Town Attorney Danielle Hurley said.  The hope is the fines also reduce recidivism, she said.

Town Attorney Erik Howard said the surcharge would be mandatory and would not be waived by the attorney prosecuting the violation as part of a plea deal. “Our approach in this would be that certain terms not be waivable or negotiable at all,” he said.

The amendment was modeled after a similar section of the Southampton town code, Howard said.

“It’s just a nice way to garner a little money for special projects and other projects that we’re always scrambling and looking for funds for,” Council Member Tim Hubbard said. 

The largest surcharge — $250 — would be attached to violations of the town’s laws relating to water and sewer systems, excavation and grading, and activities on wetlands, according to the draft code. Money collected would go towards a town Water Quality Protection Fund that would be used to acquire land to protect bodies of water, fund educational programs, sample and test water quality, and mitigate the impact of certain pollutants.

A $65 “human services” surcharge would be added to penalties connected to consuming alcoholic beverages in public, loitering, and publicly defecating or urinating, according to the code. The money from those violations would be used for human service programs related to domestic violence, alcohol and substance abuse, mental health, employment training, and services for people leaving jails and prisons. The money would also be available to fund town recreation department programs.

“Blight mitigation management” surcharges would be added to penalties for violations of the town’s laws on property maintenance, littering and graffiti, rental dwelling units, noise and public nuisances, and shopping carts. The surcharges — either $65 or $100, depending on the violation — would be used for beautification projects or the remedy of town-owned properties and rights-of-way.

Council Member Bob Kern said he was glad the code could generate additional money for sports programs. “[T]his would be helpful to people that can’t afford to get on these teams,” he said.

Howard said the funds could be appropriated to help the town fulfill matching requirements for certain grant funding it has received. 

The Town Board is expected to vote tomorrow to schedule a public hearing on proposed code.