Riverhead passes 'zero tolerance' measure aimed at 'family-friendly' downtown

Riverhead officials voted Tuesday to extend a “zero tolerance” policy downtown that will increase penalties and fines for offenses including loitering, while prohibiting activities such as sleeping on a sidewalk, trash can rummaging and obstructing traffic. 

Elected officials say the law, which the town board approved in a 5-0 vote, is aimed at addressing quality of life issues, but others have concerns the measure targets the community's most marginalized members.

The legislation expands a "zero tolerance" zone that already includes Riverhead's business improvement district, which extends from Town Hall on East Main Street to the Suffolk County Historical Society on West Main Street, and spans the north side of the Peconic riverfront to the railroad tracks.

The legislation adds such a zone in the newly created business overlay district — established March 22 — stretching from Sweezy Avenue to Roanoke Avenue and spanning the northern section of West Main Street.

Riverhead Community Development Agency Director Dawn Thomas said the new legislation increases fines for quality of life violations, but also categorizes new activities as violations, such as aggressive panhandling, public defecation, sleeping in public places, blocking roadways, vaping and smoking, among others.

Previously, the fine under town code for loitering was $250 with the possibility of imprisonment of up to 15 days. Under the new law, penalties in the zero tolerance areas carry a fine of not more than $2,500 and the possibility of 90 days in jail.

For soliciting, penalties under the previous town code included fines ranging from $500 to $2,500 for the first offense, and between $1,000 and $5,000 for the second and any later offenses. The new law punishes aggressive solicitation — which includes touching, following or threatening someone while soliciting — with a $500 fine and adds a possible 15-day jail sentence. 

Riverhead Supervisor Yvette Aguiar said in an interview after a March 22 public hearing on the legislation that it was created after the town spent “a great amount of time” in discussions with the public about a vision for the downtown. She said community members want to make the area family-friendly and that the legislation doesn't target any specific groups.

“There’s been extensive public engagements and this is what the community wanted,” the town supervisor added. "Our goal is to make it family-friendly and gentrify our downtown, which is much needed.”

Business owners and business advocacy groups spoke in favor of the measure at that public hearing.

Kristy Verity, executive director of the town’s business improvement district, submitted a letter of support from the group. 

Local restaurant owner Marc LaMaina said the proposed policy "is imperative for the revitalization of downtown Riverhead.”

However, Dan O’Shea, executive director of homeless outreach program Maureen’s Haven, said in an interview that while there are quality of life issues in the area, he had concerns about how such a law would affect the community's most marginalized members.

“There is an issue with crime and related quality of life issues in Riverhead. I think it goes beyond homelessness,” O’Shea said. “There’s a breakdown in services and affordable housing and other critical supports that this population needs.”

Cindy Clifford, co-founder of The Heart of Riverhead Civic Association, said in an interview that she understands the concerns business owners have about the downtown area and their ability to do business.

Yet she said she is “uncomfortable” with the wording of the legislation, such as rules against rummaging through garbage cans and sleeping on benches, because they seem targeted at the homeless.

“In essence, it feels like it’s trying to brush people away or push them out of the area in the interests of making the downtown area a little less concerning for people who are worried about what’s going on downtown," Clifford said.  

The legislation includes a line that says it is the town board's intent "that homeless individuals subject to enforcement under this Chapter be directed to emergency shelters, community/drug/mental health rehabilitation centers, or other interventional services."