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Home My WebLink AboutLL 2005 #16STATE O[~ NEV~ YORK r)EPARTMENT OF STATE 4 I STATE STReet ALBANY; NY I 2~3 t-O00 I GEORGE E. PATAKI November 16, 2005 RECEIVED ELIZABETH A. NEVILLE, TOWN CLERK TOWN HALL, 53095 MAIN RI:). PO BOX 1179 SOUTHOLD NY 11971 Re: NOV 21 t~n~ $outhold Town Clerk TOWN of $OUTHOLD, Local L~,w '16 & '17, 2005, filed on 10/'17/05 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 LL:ct General Code P~, ~ers 72 Hinchey Road Rochester, NY 14624 Phone: 800/836-8834 Fax: 585/328-8189 Email: sales@generalcode.com 10/17/2005 ¢~20257 MS. Elizabeth A Neville: 047J~2UO57Ud $ 00.23_o 10/19/2005 US POSTAGE The following material has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): Local Law Nos. 16-2005 and 17-2005. Town of Southold CIO Clerk's Office PO Box 1179 Southold, NY 11971 ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~wn Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northlbrk.net RESOLUTION # 2005~648 Resolution ID: 1230 Meeting: 10/11/05 04:30 PM Department: Town Attorney Category: Seqra THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-648 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 11, 2005: RESOLVED that the Town Board of the Town of Southold hereby determines that the local law entitled "A Local Law in Relation to Amendments to Chal~ter 37" is a T¥1~e II action I~ursuant to SEORA rules and regulations, and is not subject to review. Elizabeth A. Neville Southold Town Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE October 3, 2005 RECEIVED 0CT 1 3 2005 $outhold Town Clerk THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Cleric Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re~ Town of Southold Local Law related to Amendments to Chapter 37 and Chapter 97 Gentlemen: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced Code amendments are not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Thomas Isles Director of Planning Chief Planner APF:cc G:\CCHORNY~ZONING~ONINGIWORKING\NON*JUR~2005\SD27 FEB LOCATION MAILING ADDRESS H, LEE DENNISC~N BLDG. - 41H FLOOR P.O. BOX 6100 (631) 853 5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER 631 ) 853-4044 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 12, 2005 Express Mail New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Numbers 16 ,& 17 of 2005 Town of Southold, Suffolk County Dear Sirs: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 16 & 17 of 2005 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. Enclosures Very truly yours, Elizabeth A. Neville Southold Town Clerk cc: Town Attorney IgLIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 12, 2005 Express Mail New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: LocalLaw Numbers 16 & 17 of 2005 Town of Southold, Suffolk County Dear Sirs: In accordance with provisi[ons of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 16 & 17 of 2005 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. Enclosures Very truly yours, Southold Town Clerk cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (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. Town of SOUTHOLD LOCAL LAW NO. 16 2005 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 37". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to promote the effective enforcement of the laws protecting the Coastal Erosion Hazard Areas within the Town of Southold, it is necessary to make amendments to the penalties provision of Chapter 37. These amendments are intended to clarify and strengthen the criminal penalties associated with violations of this law. II. Chapter 37 of the Code of the Town of Southold is hereby amended as follows: §37-47. Penalties for Offenses. An offense of a provision of this Chapter is a violation punishable by a fine not exceeding five thousand dollars ($5,000.00) or imprisonment for a period not to exceed, 15 days or both. Each day on which such violation occurs will constitute a separate additional violation. Nothing herein shall be construed to prevent local authorities of the Town from taking such other lawful actions as may be necessary to restrain, correct or abate any 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239{ Rev.11/99) (1) (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. 16 of 20 05 of the (Connty)(Gity)(Town) ~) of SOUTHOLD was duly passed by the TOWN BOARD on October 11 ,20 05 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage 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)(repassed 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 (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 submitted to the people by reason of a (mandatory)(pennissive) 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. (2) 5. (City local law concerning Charter revigion 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 afffu'mative 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 original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. Clerk of the Co~ty legislative body, Ci~ T~wn or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (SeaD Date: __October 12, 2005 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK forcgoing local law ~'~tains the correct text and that all proper proceedings I, the undersigned, hereby certify that the of tlhe local law annex~l hereto. ~ have been had or taken for the enactment ~ igni~e~--"~0L-~/--/]x ,] Patricia A. Fmneean, E's~l,-c~ow~,.A~orne¥ Title Town of SOUTHOLD Date: October 12, 2005 (3) ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~rown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-650 Resolution ID: 1231 Meeting: 10/11/05 04:30 PM Department: Town Clerk Category: Enact Local Law THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-650 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 11, 2005: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk Cotmty, New York, on the 19th day of September, 2005 a Local Law entitled "A Local Law in relation to Amendments to Chapter 37" 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 Local Law entitled, "A Local Law in relation to Amendments to Chapter 37" which reads as follows: LOCAL LAW NO. 16 2005 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 37". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to promote the effective enforcement of the laws protecting the Coastal Erosion Hazard Areas within the Town of Southold, it is necessary to make amendments to the penalties provision of Chapter 37. These amendments are intended to clarify and strengthen the criminal penalties associated with violations of this law. II. Chapter 37 of the Code of the Town of Southold is hereby amended as follows: §37-47. Penalties for Offenses. A violation An offense ofa vrovision of this Chapter is hereby declared to be an offe~s~ is a violation punishable by a fine not exceeding five thousand dollars ($5,000.00) or imprisonment for a period not to exceed six (6) months, 15 days or both. Each dayZs on which such cc, ntinued violation of this Chapter occurs will constitute a separate additional violation. Nothing herein will shall be construed to prevent hhe-pmp~ local authorities of the Town from taking such other lawful actions or proceedings as may be necessary to restrain, correct or abate any 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. Elizabeth A. Neville Southold Town Clerk Page 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been present- ed to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of Septem,,b, er, 2005 a Local Law entitled 'A Lo~ai Law in relation to Amendmgnts to ' and ~IS HEREBY FUR- TILER GIVEN that thc Town Board of the Town of Southold will hold a ~l~bli¢ hearlun on the aforesaid Local Law at the ~ouihold Town Hall. 53095 Main Road- SgoJllold. New Yorl~ on the 11!at_ day of October. 2005 nt 5:00 p.m. at which time all interested persons will be given an oppomm~ty to bc heard. Tbe,,pm~unsed Local Law. e..nti- tied, A Local Law m remnon to Alnendments to Chapter 37" reads as follows: LOCAL LAW NO. ~ 2005 A Local Law entitled, "A Local Law in relation to Amendments to.ha ter3 · BE ~ ENACTED by the Town Board oftbe Town of Southold as follows: I. Purpose - In order to pro- mote the effective enforcement of the laws protecting the Coastal Erosion Hazard Areas within the Town of Southold, it is necessary to make amendments to the ~enalties provision of Chaptre~ 7. These amendments ar intended to clarify and the criminal penalties assocmtca with violations of this law. I1. Chapter 37 of the Code of the Town of Southold is hereby amended as follows: §37:47. penalties for Offenses. A vi-'-':^- A n offense of a pro- riceland to bo an ~ ~ lgZk~ punishable by a fine,?ot exceeding five thousand douars ($5,000.(Y0) or impriso?e.nt a period not to exceed ~ or both. violation af thio Chapter ~ will constitute a separate addi- tional violation. Nothing herein vA4~ ~hall be construed.t9 pre~v~t~et ~ local anthont~es m t Town fi.om taking suc.h, other lawful actions or procood~nga as may be necessary to restrain, cor- rect or abate any violation of this Chapter. SEVERABILITY If any clause, sentence, para- graph, section, or part of this Lofal Law shall be adjudged by any court of competent jurisdic- tion to be invalid,, the judgm.et).t shall not affect the validity o.f th~s law as a whole or any part there- of other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly swom~ says that she is the Legal Advertising Coordinator, of the Traveler ~Fatchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of ~vhich the annexed is a printed copy, has been published in said foSa.~.,.*f.~...(.2te;hk~,~sC;, once ~ehssi,~eeley( com-,~;~cin~ on the.....~,..-: .X~..: ..day of . . . . , . Sw{rn ~o before me this...~'.~..rfay of 200 s. Notary Public Emily Hamill NOTARY PLTBLIC, State of New York No. 01 HA5059984 Qualified in Suffolk County Commission explres May 06, 2006