HomeMy WebLinkAboutTB-06/23/1966-S WE~ the.undersigned, being _members of the Town Board of ~he own of
Southold, Suffolk County, New York, do~severally~wai~e notic~ of 'the
time~ place and purpose of the meeting ~of the .Town Board to be held
in the Town 0f Southold, New York, o~Thursday, June 23,
...... hereby consent that-the same. be held on said da%~e for the
· of any business which may p~operly ~ome before said meeting.
Dated: June. . 23, 1966 Supervisor Lester. Mi Albertson
Sl~t~6~d, New Y~rk Councilman Howard C. Va~ent~ne
~ - Councilman..Louis M. Demarest
~ . - ~Justice Ralph.~W... Tuthilt
Justice E. Perry Edwards~
Albert.-.W.~Richmond,. TQwn¥Cte~k~
A special meeting of the Southold Town Board.was he%d at.the. Supervisor's
Offfce, 16 South Street, GreenPort, New ~qrki,.ion ~Th.~rs~y~ J~ne 23,
~96~~, 'the_members of the Town.Board having~ waived notice or, the time,.
place and purpose of the meeting. The ~eeti~g
Supervisor Lester M. Albe~tson.
MOved by Councilman Demarest; Secodded by,Councilman,Valentine;
..RESOLVED: That the Town of Southold.or its Supervisor ~a~e a proper
application to intervene as a.Party~ in the pending action im the
'~ede~al courts of Bianchi v. Griffinq, et al. for th.epa~pose of appeal-
ing ~he June,~ 1~66 Order, or.orders of the-District C®u~t ~astern
District of New York to the Supreme C0~rt~ of the 'Unite~ iSta~es and
applying for a stay of said order pending such appeaT~ and it is-further
~ESOLVED:,That the ,Town ~of outhold does~hereby-retamn Smit~, Tasker,
~,~ls'~e~n and Lundberg, E§qs. 456 G~if~ihg A~ue
York for the purposes of applying to intervener appeailingsa~d orde~
and applying for a stay of' Sa~d '0rder pending'aDpealia~ th~% Said
~ttorneys shall bepaid a reasonable compensation for,s~ch.~sgat.services
%Q be performed, by them on b~half of the ~0wn of sou $ma.
.%~ote of Town Boa.rd: Ayes~SupervisorA!bertson; ~oUne.i!m~n D~maresi% and
Valentine; Justices Tuthill, Clark and Edward's.
. Moved by~Counczlman Demarest; seconded by Councilma~,,Va~ent~ne;~'
~RE~S~'i'b~res01ution adoPted by this ~T0wn Board'o~ ~e 24%h day ~o~
May, 1966, a public hearing was ~ authorized to~be,he~d>in.~%he.~atter,~
of the adoption of An Ordinance Regulating the Tak~ngland.Man~er of
Taki~ng Shellfish in the Town of. Southold",-~and
m~er of taking shellfish be adopted,
NgW~ THEREFORE~ ~E 'IT R·ESOL.VED: Tha. t the Town Boar.d of: the Town of
S~u~hold enact the'fOlio~ing Ordinanc~r to ~wit.:
AN ORDINANCE REGULATING THE ~TAKING
' ' ~ ~ ~D THE 'MANNER OF TAKING SHELLFISH
IN THE TOWN OF SOUTHOLD
SEeTI~)N I. Title
This ~ordinance shall be known as .,the "Shellfish of the
--~;w~ of Soutl~old". . .'' ..
(a) The term "town Wade'rs' shall be deemed to mean all waters
a~0 lands under t~dewaters~n' any harbor, .baby or. creek., t~t~e t~ which
aCa the right of fishing in which is vested· ,in the--T0~wg~ of Southold_.
a~d?or in the Board of Trust&es..o£. the ~;m
~{b) ~e tern "permanent resident" shall .mean. a:.~erson ~ho: has:,
d~ing the period of not less than ~ixty (60) days i~ed~iagely pre-
ceding the date of hzs applicatzon for a license, hezeugder, ~or
da~e of taking shellfish ~f no permit~is ~e~i~ed,..maintained a-
pemmanent dwelling within the To~ of Sou~old.
(c) The term,"guest" shall'mean a person who occupies living
quarters in a dwelling maintained~by a permanent resi'dent.
(d)~,The term "-temporary resident" shall mean a person who has,
during the~pe~od of,not less than seven (7) days immediately preceding
the dat.e of.h~s application for a license hereunder, occupied living
quarters within the Townof Southold.
(e) .The~term ".shellfish" shall meaa clams,'escall0P~, and
oysters. - ~-
(.~) The .term:',c0mmercial purposes" shall mean any use or
purpose cthe~-.than for. food/consumption by the persons taking shellfish
or by members of such per~son3s hou.sehold.
SECTIONIIIi..- , Taking of Shellfish.
(a) Shellfish may be-taken from town waters-for commercial
purposeB ~y a/permanent,,resident- over the-age~of'~sixteen (16) ~year~,
~upon first obtaining a commercial Shellfish permit therefor from the
ToWn Clerk~Of the Town of Southold. "'
(b} Shellfish may be taken~from~town waters by a"temporary
resident upon first obtaining a emporary resident shellfish permit
therefor from the Town Clerk of the Town o'f Southoldl
(c) Shellfish may be taken-from town wa=ers ~0r ~onc6mmercial
purposes by a permanent resident without obtaining a permit therefor.
(d) Shellfish. may_ be-taken~ from town-waters for noncommercial
purposes' without obtaining a permit therefo~ by a guest when accompanied
by a permanen~ resident in whose dwelling such guest occupies %~ving
-quarters.
(e) No person not a permanent resident, a temporary reSidlent
or a g, uest accompaniedby a permanent ~resident shall ta~e shellfish
in any mannerlat any ~ime from town waters. - ~
SECTION IV. Escallops.
.(a) Escallops may not be taken from town waters dur.ing ~he
period from April'l to the-3rd Sunday in September, in each "year, ~oth
dates inclusive.
(b) Subject to the prov~sions of this section, during the per-
iod from the-first Monday after-the 3rd Sunday in September to OctOber
9, in each yearli both-dates inclusive, not more than twol(2) ~ecks:of
e~callops may be taken from town waters in any one day by h~nd or With
a scalp net.
(c) Subject to the provisions of this section, during the
period from October 10 to March~, both dates inclusive, escal~lops may
be taken from~town waters with a dredge or scrape, having an ~pelnin~at
the mouth-of not more than 36 inches in width, When' towed bY a boa~]oper-
ated b y mechanical power or other means, provided that such d~edge or
scrape is b~ought aboard the boat by hand'power without the use of :a
mechanical device.
(d) Subject to the provisionB of this sectioh,~ a permanent
resident, temporary res~ident or~a guest when accompanied by a p~rmanent
resident, may take from town waters ~ more than'two (2) pecks of escallops
in one day for other than commercial purposes.
(e) Subject to the provisions 'of this section, not more .than
ten (10) bushels of escallops may be taken from town waters for do~mercial
purposes in any one day by any one person. Two or more persons occupying
the same boat may take, in the aggregate, not more than twenty (20)
bushels of escallops in one day for commercial purposes. The presence
of more than twenty (20) bushels of escallops on any boat in~ ~Own Wa%ers
sha'll be deemed presumptive evidence of a violation of this subdivision.
(f) Escal'lops shall,not-be taken from town Waters during the
period from sunset, to sunrise.
(g) Esealtops shall not be taken from town waters on ~ndays
except by hand or with a scalp net.
(h) Only escaliop~ having an-annual growth line or measUrihg
more. than 2¼~inches from the middle 6~ the hinge to the middle"of the
bill may be-taken from town waters.
SECTION V. Clams. 281
.(a) Hard clams less than one inch in thickness shall not be
taken from town waters.
.. (b) Soft or steamer clams less than two inches in the longest
diameter shall not be taken from townwaters.
(c) Churning by power may be employed in the taking of soft
clams on lands below low tfde line in town 'waters.
(d) A permanent resident, a temporary resident or a guest
~a~companied by a permanent resident maY take not more th~n two (2.)
pecks of clams from town waters in one day for noncommercial purposes.
SECTION Vi. Oysters.
(a) Oysters shall not be taken from town waters during th~
period from May 1 to August 31, in each year~ both dates inclusive.
(b) Oysters shall not be taken from town waters during the
period from sunset to sunrise.
.. (c) Only oysters measuring more than 3 inches from the hinge
to the bill may be taken from town waters.
~(.d) A permaneht.resident, a temporary ~esident or a guest when
accompanied by a permanent resident may take not more than two (2)
pecks of oysters from town Waters in a~y one day-for 0thSr than commer-
cial purposes.
(e) Not more than five (5) bushels of oysters may be taken from
town waters for commercial purposes in one day by any One person2'Two
or more persons occupying the same boat may take, in the aggregate,
not more than ten (10) bushels of oysters in one day for'commercial
purposes. The presence of more than ten (10) bushels Of oysters on any
boat ~n town waters shall be deemed presumptive evidenc~-0f a violation
of this.subdivision.
SECTION VII. Permits.
(a) The fee for a commercial shellfish per~it ~hall be $5.00.
Such permit shall expire on De6emb~er 31 of'the ySa~ 0-f issuS.
(b) The fee for a temporary resident shellfish permit shall be
$5.00. Such permit shall be issued only for the period of time that
such temporary resident occupzes li~ing quarters.within ~h8 Town of
Southold.
(c) The holder of a shellfish permit shall carry the permit
asszgned ~o him on his person while engaged in'the permitted activities,
and the failure o~ such holder to ~x~ibit his permit to an enforcement
officer shall be presumptive evidence that no valid permit has been
issued to him.
SECTION VIII. Culling'Shellfish and Restoration
of Underwater Lands.
(a) Shellfish shall be culled when taken. All shellfish taken
which do not comply with the provzsions of this ordinance shall be
immediately returned alive to the water.
(b) All lands under ~Rrwaters disturbed by the taking of
shellfish shall be restored to their condition prior to the taking of
such shellfish by the person taking such shellfish.
SECTION IX. Restricted Areas.
Shellfish shall not be taken from any town waters which have
been restricted by the Town Board of Trustees provided such restricted
areas shall have been properly designated by resolution duly passed by
said Board of Trustees, and properly staked, and not~ses posted by
said Board of Trustees.
SECTION Xo ~ransplanting Shellfish.
Notwithstanding any other provision of this ordinance, the
Town B6ard of Trustees may authorize the transplanting of shellfish
in town waters of any age or size, subject to its supervision, when
it shall find that such shellfish are in danger of destruction as the
result of predators or ct her causes.
SECTION XI. Penalties.
(a) Any person convicted of a violation of any provision~ of
this ordinance shall be deemed to have committed an offense against
282 ....
such ordinance, and also shall be liable for any such'violaCion or
penalty therefor. ~ '~ ' ~
(b) For every violation of any provisions of this ordinance,
the person vi~lating 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) A second conviction for a violation of any of the pro-
visions of this Ordinance within a period of one year shall-constitute
and effect an immediate forfeiture of a permit to such personf~No new
permit shall be issued to such person for at least one year after such
forfeitur~e. ~ ....
(d)"Any person violating this ordinance ~shatl:be.subject
to a civil penalty en~or'ceable and collectible by the Town for each
such offense. Such penalty shall be collectible~by and in the name
of the Town.
(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 com-
liande With, or to restrain by injunction the violation of~ this ord~
inance.
SECTION XII. Repeal. 3
All ordinances or regulations heretofore adopted in-conflict
with this ordinance 'are hereby repealed.
SECTION XIII. Saving 'Clause. '
If any clause~ sentence, paragraph, sec%ion 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-t9 the--~lause,
sentence, paragraph, section or part thereof directly invol~e'd in the
controversy in which such j~dgment shall have been rendered,
SECTION XIV. EffectiVe Date.
This ordinance shall take effect immediatelyi
Vote of Town Board: Ayes~Supervisor Alber~tson; Councilmen-Demarest
and Valentine;~Justices Tuthill, Clark and Edwards.
Adjournment was at 4:15 P.M.
Albert W. Richmond
Town Clerk