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HomeMy WebLinkAboutLL #10 2023 STATE-OF NEW YORK r DEPARTMENT OF STATE KATHY HOCHUL ONE COMMERCE PLAZA Govealloa 99 WASHINGTON AVENUE ALBANY,NY 12231-0001 ROBERT J. RODRIGUEZ HTTPS'.//DOS.NY.GOV SECRETARY OF STATE June 1.6, 2023 RECEIVED Sabrina M Born JUN 2 6 2023 Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold Town Clerk Southold NY 11971 RE: Town of Southold, Local Law 10 2023, filed on May 10 2023 f ..Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional. local law filing forms can be obtained from our website, www.dos.nkaov. Sincerely, State Records and Law Bureau (518) 473-2492 INEDepartment E OFORTUNITY of State NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code • One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Local Law No. 10 of the year 2023 . A Local Law entitled, "A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves" Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. PURPOSE. The purpose of the amendment is to amend Chapter 96 II. AMENDMENT. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: Chapter 96 - Boats, Docks and Wharves Article III - Boats § 96-7 Definitions. For the purpose of this article, the terms used herein are defined as follows: ANCHOR- To secure a vessel to the bottom by employing an anchor which is removed from the bottom every time the vessel is underway. BOAT (VESSEL) - Every description of watercraft or artificial contrivance used or capable of being used as a means of transportation on water. § 96-8 Sanitary regulations. A. Discharge of toilets is prohibited in the waters of the Town of Southold. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239-f-1(Rev.04/14) 1 B. Dumping or discharging petroleum products, refuse, garbage or waste, either liquid or solid, or emptying swimming pools in the waters and wetlands of the Town of Southold is prohibited. C. Discharge into waters and wetlands. The installation, construction or maintenance of any discharge device, discharge system or gravity- dependent outflow pipe that is determined to be permanent ancillary component of any area, use or structure which effects the discharge of swimming pool effluent, stormwater runoff or any other liquid effluent into the surface waters or wetlands of the Town of Southold by any property owner, swimming pool maintenance company, home improvement contractor or any other agent of a property owner shall be deemed a violation of this chapter. § 96-12 Water-skiers. A. No person shall operate a vessel for towing a person on water skis, a surfboard, inflatable, parasail or similar device unless there is in such boat or vessel a person, other than the operator, of at least 10 years of age, in a position to observe the progress of the person being towed. B. No person shall be towed on water skis or a surfboard, inflatable, parasail or similar device or use or operate a boat to tow a person thereon between the period from sunset to one hour after sunrise or during periods of limited visibility. C. Permitted areas. No person shall be towed on water skis, surfboard, inflatable, parasail, or similar device or use or operate a boat to tow a person thereon in any channel or within 150 feet of any public or semipublic bathing beach or public dock or within 50 feet of any swimmer or bather or moving or anchored boat, nor shall any such persons engaged in such activities come within 300 feet of the shoreline unless they approach or depart perpendicularly to or from the shoreline solely for the purpose of commencing or ending the ride. D. No person shall be towed on water skis, surfboard, inflatable parasail or similar device, unless such person is wearing a Coast Guard approved personal flotation device of Type I, II or III. § 96-14 Equipment. C. In addition to the penalties provided for in this chapter, the Harbor Master has the authority to take the following actions for violations in this section: (1) Direct the operator to proceed to a dock or anchorage. (2) Suspend further use of the boat until the condition is corrected. § 96-15 Operators. A. No person under the age of 18 years shall operate motorized vessel on the navigable waters of the Town Southold unless: (1) The operator who is under the age of 18 is accompanied therein by a person who is 18 years of age or older and is a holder of a boating safety certificate issued by the New York State Commissioner of Parks, Recreation and Historic Preservation, the United States Power Squadrons, the United States Coast Guard Auxiliary, or the United States Sailing Association for a Power Boating Course approved by the Commissioner or (2) The operator is 10 years of age or older and is the holder of a boating safety certificate issued to him by the New York State Commissioner of Parks, Recreation and Historic Preservation. The United States Power Squadrons, the United States Coast Guard Auxiliary, or the United States Sailing Association for a Power Boating Course approved by the Commissioner. B. The failure of a person specified in § 96-15A hereof to exhibit a boating safety course certificate upon 2 demand to any peace officer, police officer or other person having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate. C. No person who is the owner of a motorized vessel shall knowingly authorize or permit operation in violation of section 96-15 of this Chapter. D. No person shall operate a vessel while in an intoxicated condition or while his ability to operate such a vessel is impaired by the consumption of alcohol or by the use of a drug. E. All commercial jet ski or commercial windsurfing operators shall provide a patrol boat (other than a jet ski or windsurfer) which must be operational and manned at all times for the purpose of controlling their clientele. F. All commercial jet ski and windsurfer operators shall require their clientele to wear United States Coast Guard approved personal flotation devices of Type I, II or III. G. Small sailboats, commonly known as "windsurfers," are prohibited in the following areas: (1) Within 500 feet of Mattituck Inlet. (2) Within 100 feet of swimlines. Article V—Administration and Enforcement § 96-30 Enforcing officer. It shall be the duty of the Harbor Master to administer and enforce the provisions of this chapter. § 96-31 Notice of violation. A. Whenever the Harbor Master has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property or the owner's agent or the person performing such operations to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Town of Southold, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Harbor Master may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Harbor Master, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 96-31 C to fail to comply with such notice. § 96-33 Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, 3 directive or order of the Harbor Master or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Harbor Master within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Harbor Master shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed$500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. In addition to the above-provided penalties, the Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 4 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 10 of 20 23 . of the (G@unty)( (Town) of SOUTHOLD was duly passed by the TOWN BOARD on April 25 , 20 23 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the On- 20 , and was (approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (Colinty)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239-f-1(Rev.04/14) 5 S. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the gin on file in is office and that the same is a correct transcript there from and of the whole of such original local 1 an w finall adopted in the manner indicated in paragraph 1 , above. Clerk of the County legislativ y, City, Town or (Seal) Village Clerk or officer designated by local legislative body Denis Noncarrow,Town Clerk Date: May 2,2023 DOS-239-f-1(Rev.04/14) 6 DENIS NONCARROW �� �Gy Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 coo Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS - .Ll` Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ®� .ATelephone 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 2, 2023 f Priority Mail Express '__ EI 011 988 877. -US- RE: 77US_RE: Local Law No. 10 of 2023 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law No. 10 of 2023 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Jennifer M. Mudd Deputy Town Clerk Enclosures cc: Town Attorney RESOLUTION 2023-412 ADOPTED DOC ID: 19108 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-412 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 25,2023: WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 11th day of April, 2023, a Local Law entitled "A Local Law in Relation to Amending Chapter 96 Boats,Docks and Wharves" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves" reads as follows: LOCAL LAW NO. 10 of 2023 A Local Law entitled, "A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The purpose of the amendment is to amend Chapter 96 II. AMENDMENT. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: Chapter 96 - Boats,Docks and Wharves Article III -Boats § 96-7 Definitions. For the purpose of this article,the terms used herein are defined as follows: ANCHOR To secure a vessel to the bottom by employing an anchor which is removed from the bottom every time the vessel is underway. BOAT (VESSEL) -Everyvessel r"^r l `' in any marmef. Every description of watercraft or artificial contrivance used or capable of being used as a means of transportation on water. § 96-8 Sanitary regulations. The dumping of oil, refuse, _,ate , r ehibite Resolution 2023-412 Board Meeting of April 25, 2023 `r A. Discharge of toilets is prohibited in the waters of the Town of Southold. B. Dumping or discharging Petroleum products refuse garbage or waste, either liquid or solid or emptying swimming pools in the waters and wetlands of the Town of Southold is prohibited. C. Discharge into waters and wetlands. The installation construction or maintenance of any discharge device, discharge system orrg avity-dependent outflow pipe that is determined to be permanent ancillary component of any area use or structure which effects the discharge of swimming pool effluent stormwater runoff or any other liquid effluent into the surface waters or wetlands of the Town of Southold by M property owner, swimming pool maintenance company, home improvement contractor or any other agent of a property owner shall be deemed a violation of this chapter. § 96-12 Water-skiers. A. No person shall operate a vessel for towing a person on water skis, a surfboard, inflatable, parasail or similar'device unless there is in such boat or vessel a person, other than the operator, of at least 10 years of age, in a position to observe the progress of the person being towed. B. No person shall ride on water skis, a suffbear-d or- similar deviee, or use or- operate a boa tow a per-son thereon, between the period of ene heur after-sunset and one hour-aftef suis be towed on water skis or a surfboard, inflatable, parasail or similar device or use or operate a boat to tow a person thereon between the period from sunset to one hour after sunrise or during periods of limited visibility. C. Permitted areas. 0)No person shall r-i&be towed on water skis, surfboard, inflatable, parasail, or similar device or use or operate a boat to tow a person thereon in any channel or within 150 feet of any public or semipublic bathing beach or public dock or within 50 feet of any swimmer or bather or moving or anchored boat, nor shall any such persons engaged in such activities come within 300 feet of the shoreline unless they approach or depart perpendicularly to or from the shoreline solely for the purpose of commencing or ending the ride. D. No person shall be towed on water skis, surfboard, inflatable parasail or similar device, unless such person is wearing a Coast Guard approved personal flotation device of Type I, II or III. G Nersen Y 1111towed water- OAra�11S1uLinflatableparasail er- - il * ieof use or operate a boat to tow a per-son thereon bevveen the period of stinset W § 96-14 Equipment. C. In addition to the penalties provided for in this chapter,the Bay ConstHarbor Master has the authority to take the following actions for violations in this section: (1) Direct the operator to proceed to a dock or anchorage. (2) Suspend further use of the boat until the condition is corrected. § 96-15 Operators. A. No person under the age of 18 years shall operate mocha 11 " epolled motorized Updated: 4/28/2023 3:01 PM by Lynda Rudder Page 2 Resolution 2023-412 Board Meeting of April 25, 2023 vessel on the navigable waters of the Town Southold unless: (1) The operator-who is under-the age of 18 ye—ar The operator who is under the age of 18 is accompanied therein by a person who is 18 years of age or older and is a holder of a boating safety certificate issued by the New York State Commissioner of Parks, Recreation and Historic Preservation,the United States Power Squadrons, the United States Coast Guard Auxiliary, or the United States Sailing Association for a Power Boating Course approved by the Commissioner or (2) The operator is 10 years of age or older and is the holder of a boating safety certificate issued to him by the Commissionerf the Offiee of Parks a Reer-eation of the State New Yer-kNew York State Commissioner of Parks, Recreation and Historic Preservation,pursuant to § 78 Of the New York State Navigation L The United States Power Squadrons, the United States Coast Guard Auxiliary, or the United States Sailing Association for a Power Boating Course approved by the Commissioner. B. The failure of a person specified in § 96-15A(2)hereof to exhibit a boating safety course certificate upon demand to any peace officer, police officer or other efflee person having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate. C. No person who is the owner of a motor-beat motorized vessel shall knowingly authorize or permit the operation in violation of section 96-15 of this Chapter. thereof unle (1) The operator- �� o 18 y .+ oars F age o older-; (2)The operator-, who is under-the age of 18 is araeompanied ther-eill by a per-son 18 yoars or- olvlderr, yr (3) The eper-ater-is 10 year-s of age or-older- and is the holder- of a boating sa�� eet4ifi issued to him by the Commissioner- of the Offiee of Parks and Reer-eation-ef the State of Tric`v'v York. D. No person shall operate a vessel while in an intoxicated condition or while his ability to operate such a vessel is impaired by the consumption of alcohol or by the use of a drug. E. All commercial jet ski or commercial windsurfing operators shall provide a patrol boat (other than a jet ski or windsurfer) which must be operational and manned at all times for the purpose of controlling their clientele. F. All commercial jet ski and windsurfer operators shall require their clientele to wear United States Coast Guard approved personal flotation devices of Type I, II or III. G. Small sailboats, commonly known as "windsurfers," are prohibited in the following areas: (1) Within 500 feet of Mattituck Inlet. (2) Within 100 feet of swimlines. Article V -Administration and Enforcement § 96-30 Enforcing officer. It shall be the duty of the Bay Gensta Harbor Master and his dep, and assista to administer and enforce the provisions of this chapter. Updated: 4/28/2023 3:01 PM by Lynda Rudder Page 3 Resolution 2023-412 Board Meeting of April 25, 2023 A' +96-31 Notice of violation. A. Whenever the Bay Genst., Harbor Master has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property or the owner's agent or the person performing such operations to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Town of Southold, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The-Bay Cens+aHarbor Master may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Bay Gonstahl -Harbor Master, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 96-31C to fail to comply with such notice. § 96-33 Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay GenstaHarbor Master or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Ram. ronst.p Harbor Master within the time fixed for compliance therewith,the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Gensta Harbor Master shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. In addition to the above-provided penalties,the Town may also maintain an action or Updated: 4/28/2023 3:01 PM by Lynda Rudder Page 4 Resolution 2023-412 Board Meeting of April 25, 2023 • proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Sarah E. Nappa, Councilwoman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Updated: 4/28/2023 3:01 PM by Lynda Rudder Page 5 r i I 3ea9e14c-08d5-4c6d-90a4-086f7f79272b jennifer,mudd@town.southold,ny.us AFFIDAVIT OF PUBLICATION The Suffolk Tlmes State of New York, I County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: April 20,2023 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 26 day of April 2023 otar Si n ture MARY BETH ALESCIO WALLING ' NOTARY PUBLIC,STATE OF NEW YORK Registration No.01AL5056219 Qualified in Saratoga County My Commission Expires March 04,2026 i Notary Public Stamp i SOUTHOLD TOWN CLERK 1 3ea9e14c-08d5-4c6d-90a4-086f7f79272b jennifer.mudd@town.southold,ny.us v AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold,Suffolk County, New York, on the 11th day of April, 2023, a Local Law entitled "A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves" and NOTICE IS HEREBY FURTHER GIVEN,that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,Southold, New York,on the 25th day of April, 2023 at 4:30 p.m. at which time all interested - persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves" reads as follows: LOCAL LAW NO. 2023 A Local Law entitled,"A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE.The purpose of the amendment is to amend Chapter 96. A'complete copy of this Local Law is available on the Town website: southoldtownny.gov or by contacting the Town Clerk's Office. BY NOTICE OF THE TOWN BOARD Dated April 11th, 2023 DENIS NONCARROW SOUTHOLD TOWN CLERK I i i SOUTHOLD TOWN CLERK 2 I Times Review Media Group Invoice#: 3ea9el4c The Suffolk Times Date: 04/13/2023 Bill To Customer Email SOUTHOLD TOWN CLERK jennifer.mudd@town.southold.ny.us r Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE LAST INSERTION DATE. Description� ®n . �. Publish Date Amount� PUBLIC 04/20/2023 $32.96 Affidavit(eMail) 1 $25.00 Affidavit(Mail) 0 $0.00 i Total: $57.96 Please remit checks payable to: Balance: Times Review Media Group $57.96 PO Box 1500 i Mattituck, NY 11952 The invoice number MUST be included on your check to ensure that your payment is applied correctly. • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffok County, New York, on the 11 day of April, 2023, a Local Law entitled "A Local Law in Relation to Amending Chapter 96 Boats. Docks and Wharves" and NOTICE IS HEREBY FURTHER GIVEN, that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main RoEW, Southold, New York, on the 25 day of April, 2023 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in Relation to Amending Chapter 96 Boats. Docks and Wharves" reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in Relation to Amending Chapter 96 Boats. Docks and Wharves". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The purpose of the amendment is to amend Chapter 96. A complete copy of this Local Law is available on the Town website: south oldtownny.gov or by contacting the Town Clerk's Office. BY NOTICE OF THE TOWN BOARD Dated April 11 th, 2023 DENIS NONCARROW SOUTHOLD TOWN CLERK r LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 11th day of April, 2023, a Local Law entitled "A Local Law in Relation to Amending Chanter 96 Boats, Docks and Wharves" and NOTICE IS HEREBY FURTHER GIVEN,that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 25th day of April,2023 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in Relation to Amending Chanter 96 Boats, Docks and Wharves" reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, "A Local Law in Relation to Amending Chanter 96 Boats, Docks and Wharves" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The purpose of the amendment is to amend Chapter 96 II. AMENDMENT. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: Chapter 96 - Boats, Docks and Wharves Article III - Boats § 96-7 Definitions. For the purpose of this article,the terms used herein are defined as follows: ANCHOR- To secure a vessel to the bottom by employing an anchor which is removed from the bottom every time the vessel is underway. BOAT (VESSEL) -Evevf vessel propelled in any maiuiu. Every description of watercraft or artificial contrivance used or capable of being used as a means of transportation on water. § 96-8 Sanitary regulations. The dumping of oil, refuse, garbag , rite ; ,.ehib ted A. Discharge of toilets is prohibited in the waters of the Town of Southold. B. Dumping or discharging petroleum products refuse garbage or waste either liquid or solid or emptying,swimming pools in the waters and wetlands of the Town of Southold is prohibited. C. Discharge into waters and wetlands. The installation construction or maintenance of any discharge device, discharge system orrg avity-dependent outflow pipe that is determined to be permanent ancillary component of any area use or structure which effects the discharge of swimming pool effluent stormwater runoff or any other liquid effluent into the surface waters or wetlands of the Town of Southold by any_property owner, swimming pool maintenance company home improvement contractor or any other agent of a property owner shall be deemed a violation of this chapter. § 96-12 Water-skiers. A. No person shall operate a vessel for towing a person on water skis, a surfboard, inflatable, parasail or similar device unless there is in such boat or vessel a person, other than the operator, of at least 10 years of age, in a position to observe the progress of the person being towed. B. No person shall ride on water skis, a surfboard ror- deyie ' or use or operate a boa toi,A, thereon, between theperiodo f one hour ,,,,-. r .f+or o+—An � hour o .� r #or r ersensunfise. be towed on water skis or a surfboard, inflatable, parasail or similar device or use or operate a boat to tow a person thereon between the period from sunset to one hour after sunrise or during periods of limited visibility. C. Permitted areas. 04 No person shall Fi4e be towed on water skis, surfboard, inflatable, parasail, or similar device or use or operate a boat to tow a person thereon in any channel or within 150 feet of any public or semipublic bathing beach or public dock or within 50 feet of any swimmer or bather or moving or anchored boat, nor shall any such persons engaged in such activities come within 300 feet of the shoreline unless they approach or depart perpendicularly to or from the shoreline solely for the purpose of commencing or ending the ride. D. No person shall be towed on water skis, surfboard, inflatable parasail or similar device, or use or operate a boat to tow a person thereon, unless such person is wearing a Coast Guard approved personal flotation device of Type I, 11 or III. E. per-son Nshall b towed of + 1 d � in. affable L use or- operate a beat to tow a per-son thereon between the period of sunset to s dwing periods of limited visibility. § 96-14 Equipment. C. In addition to the penalties provided for in this chapter, the Bay Gonstable Harbor Master has the authority to take the following actions for violations in this section: (1) Direct the operator to proceed to a dock or anchorage. (2) Suspend further use of the boat until the condition is corrected. § 96-15 Operators. A. No person under the age of 18 years shall operate�hanioa11• propelled motorized vessel on the navigable waters of the Town Southold unless: (1) The M^+^"who is under-the age of 18 year-The operator who is under the age of 18 is accompanied therein by a person who is 18 years of age or older and is a holder of a boating safety certificate issued by the New York State Commissioner of Parks, Recreation and Historic Preservation, the United States Power Squadrons, the United States Coast Guard Auxiliary, or the United States Sailing Association for a Power Boating Course approved by the Commissioner or (2) The operator is 10 years of age or older and is the holder of a boating safety certificate issued to him by the Commissioner of the nffi f Parks a Reer-eation f+1, State ..f New Y OkNew York State Commissioner of Parks, Recreation and Historic Preservation,pufsuant to § 78 Of the Now Yerk State Navigation L . The United States Power Squadrons, the United States Coast Guard Auxiliary, or the United States Sailing Association for a Power Boating Course approved by the Commissioner. B. The failure of a person specified in § 96-15A(2)hereof to exhibit a boating safety course certificate upon demand to any peace officer, police officer or other effeerep rson having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate. C. No person who is the owner of a meters motorized vessel shall knowingly authorize or permit the operation in violation of section 96-15 of this Chapter. thereof unless: (1) The operator-is 18 years of age or older; (2) The operator-, who is under the age of 18 is aeeempanied therein by a per-son 18 years or- older;@f issued(3) The operator-is 10 years of age or-older- and is the helder of a beating safe� eertifi, to ' L. +1, !� f+L. /lff: f D�rL� and l� +' f+1, C+ + f 1- New York. D. No person shall operate a vessel while in an intoxicated condition or while his ability to operate such a vessel is impaired by the consumption of alcohol or by the use of a drug. E. All commercial jet ski or commercial windsurfing operators shall provide a patrol boat (other than a jet ski or windsurfer) which must be operational and manned at all times for the purpose of controlling their clientele. F. All commercial jet ski and windsurfer operators shall require their clientele to wear United States Coast Guard approved personal flotation devices of Type I, lI or III. G. Small sailboats, commonly known as "windsurfers," are prohibited in the following areas: (1) Within 500 feet of Mattituck Inlet. (2) Within 100 feet of swimlines. Article V -Administration and Enforcement § 96-30 Enforcing officer. It shall be the duty of the Bay Ge4st.,>,'a Harbor Master and his deputies and assistants to administer and enforce the provisions of this chapter. § 96-31 Notice of violation. A. Whenever the Bay GenstaHarbor Master has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property or the owner's agent or the person performing such operations to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Town of Southold, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Bay Gensta'''^ Harbor Master may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Bay Genst i l Harbor Master, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 96-31C to fail to comply with such notice. § 96-33 Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay GenstaHarbor Master or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Gensta'''A Harbor Master within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Genst., Harbor Master shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. In addition to the above-provided penalties, the Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. BY NOTICE OF THE TOWN BOARD Dated April 11th, 2023 DENIS NONCARROW SOUTHOLD TOWN CLERK STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 13th day of April,2023, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town Website: www.southoldtoLAM.gov Chapter 96-Boats, Docks and Wharfs (2) Denis Noncarrow Southold Town Clerk Sworn to before me on the 13th day of April, 2023 otary Public JENNIFER M M000 #0PW PUBU0.8TA7E of NEN V= PAOMMan No,OIMUS429063 Quelmw In Suffolk County ��OIIUNEdOfI E�lres Fsbru�ry�i�i� Southold Town Board- Letter Board Meeting of April 11, 2023 �gUFFa(,F`O RESOLUTION 2023-379 Item# 5.47 I ADOPTED DOC ID: 19079 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-379 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 11, 2023: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 1 lth day of April, 2023, a Local Law entitled "A Local Law in Relation to AmendinLy Chapter 96 Boats, Docks and Wharves" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 25th day of April, 2023 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves" reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, ""A Local Law in Relation to Amending Chapter 96 Boats, Docks and Wharves"" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The purpose of the amendment is to amend Chapter 96 II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: Chapter 96 - Boats, Docks and Wharves Article III - Boats § 96-7 Definitions. For the purpose of this article, the terms used herein are defined as follows: ANCHOR- To secure a vessel to the bottom by employing an anchor which is removed from the bottom every time the vessel is underway. BOAT (VESSEL) - Every vesselpr-opelled in any mannef. Every description of watercraft or Generated April 12, 2023 Page 109 Southold Town Board- Letter Board Meeting of April 11, 2023 artificial contrivance used or capable of being used as a means of transportation on water. § 96-8 Sanitary regulations. The dumping of oil, refuse, garbage, sewage A. Discharge of toilets is prohibited in the waters of the Town of Southold. B. Dumping or discharging petroleum products refuse garbage or waste either liquid or solid or emptying swimming pools in the waters and wetlands of the Town of Southold is prohibited. C. Discharge into waters and wetlands. The installation construction or maintenance of any discharge device, discharge system or gravity-dependent outflow pipe that is determined to be permanent ancillary component of any area use or structure which effects the discharge of swimming pool effluent stormwater runoff or any other liquid effluent into the surface waters or wetlands of the Town of Southold by M property owner, swimming pool maintenance company home improvement contractor or any other agent of a Property owner shall be deemed a violation of this chapter. § 96-12 Water-skiers. A. No person shall operate a vessel for towing a person on water skis, a surfboard, inflatable, parasail or similar device unless there is in such boat or vessel a person, other than the operator, of at least 10 years of age, in a position to observe the progress of the person being towed. B. No person shall ride on water skis, a surfboard or similar deviee, or use or operate a boa per-sontow a thereon, between theperiodof e he- .,#er��„�.ot sa sn ft e ho � o z � ., be towed on water skis or a surfboard, inflatable, parasail or similar device or use or operate a boat to tow a person thereon between the period from sunset to one hour after sunrise or during periods of limited visibility. C. Permitted areas. {1} No person shall r4de be towed on water skis, surfboard, inflatable, parasail, or similar device or use or operate a boat to tow a person thereon in any channel or within 150 feet of any public or semipublic bathing beach or public dock or within 50 feet of any swimmer or bather or moving or anchored boat, nor shall any such persons engaged in such activities come within 300 feet of the shoreline unless they approach or depart perpendicularly to or from the shoreline solely for the purpose of commencing or ending the ride. D. No person shall be towed on water skis, surfboard, inflatable parasail or similar device, or use or operate a boat to tow a person thereon, unless such person is wearing a Coast Guard approved personal flotation device of Type I, II or III. E. N per-sea1, 11 b towed en water skis, surfboard, inflatable parasail or similar deviee or use or operate a boat te tow a per-son thereon between the period of sunset te suiffise or during periods of limited visibilit�,. § 96-14 Equipment. C. In addition to the penalties provided for in this chapter, the Bay Gonstablo Harbor Master Generated April 12, 2023 Page 110 Southold Town Board - Letter Board Meeting of April 11, 2023 has the authority to take the following actions for violations in this section: (1) Direct the operator to proceed to a dock or anchorage. (2) Suspend further use of the boat until the condition is corrected. § 96-15 Operators. A. No person under the age of 18 years shall operate a meehanioally propelledmotorized vessel on the navigable waters of the Town Southold unless: (1) The operator-who is under the age of 18 year The operator who is under the age of 18 is accompanied therein by a person who is 18 years of age or older and is a holder of a boating safety certificate issued by the New York State Commissioner of Parks, Recreation and Historic Preservation, the United States Power Squadrons, the United States Coast Guard Auxiliary, or the United States Sailing Association for a Power Boating Course approved by the Commissioner or (2) The operator is 10 years of age or older and is the holder of a boating safety certificate issued to him by the Genunis,n ne-ort he Office of Par veer-eat'Reer-eation of the State of Ne e'er'-;New York State Commissioner of Parks, Recreation and Historic Preservation,pursuant to § 79 Of the New vert; c+µ+e ,.TaA,igatie T . The United States Power Squadrons, the United States Coast- Guard Auxiliary, or the United States Sailing Association for a Power Boating Course approved by the Commissioner. B. The failure of a person specified in § 96-15A(2)hereof to exhibit a boating safety course certificate upon demand to any peace officer, police officer or other a person having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate. C. No person who is the owner of a meterbeat motorized vessel shall knowingly authorize or permit the operation in violation of section 96-15 of this Chapter. thereof unless: h ---e operator- age =M Vll4Vf LL (2) The operator-, 1, under-t V f 19 aVVVll F/ .a t - 1 ] Y- on.19 years qr- 1 ll AN�r 7 eei4ifieate issued t. Commissioner-of the Offiee of Parks an U +' f the S-4—ate f levi York. D. No person shall.operate a vessel while in an intoxicated condition or while his ability to operate such a vessel is impaired by the consumption of alcohol or by the use of a drug. E. All commercial jet ski or commercial windsurfing operators shall provide a patrol boat (other than a jet ski or windsurfer) which must be operational and manned at all times for the purpose of controlling their clientele. F. All commercial jet ski and windsurfer operators shall require their clientele to wear United States Coast Guard approved personal flotation devices of Type I, II or III. G. Small sailboats, commonly known.as "windsurfers," are prohibited in the following areas: (1) Within 500 feet of Mattituck Inlet. (2) Within 100 feet of swimlines. Generated April 12, 2023 Page 111 Southold Town Board - Letter Board Meeting of April 11, 2023 Article V -Administration and Enforcement § 96-30 Enforcing officer. It shall be the duty of the Bay Genst„ Harbor Master ,,,,a his deputies and assistants to administer and enforce the provisions of this chapter. § 96-31 Notice of violation. A. Whenever the Harbor Master has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property or the owner's agent or the person performing such operations to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Town of Southold, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Bay Gonst., Harbor Master may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Bay Gensta4le Harbor Master, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 96-31C to fail to comply with such notice. § 96-33 Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Genst Harbor Master or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Genst��,'e Harbor Master within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Coast.,L,'o Harbor Master shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's Generated April 12, 2023 l Page 112 Southold Town Board- Letter Board Meeting of April 11, 2023 continued offense shall constitute a separate, additional violation. C. In addition to the above-provided penalties, the Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. i IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Sarah E.Nappa, Councilwoman SECONDER:Brian O. Mealy, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Generated April 12, 2023 Page 113