HomeMy WebLinkAboutTB-08/17/1965 MEETING OF AUGUST 17, 1965.
The ~S~UthOtd Town Board--met at theooffice of SuperVisor Lester M.
A~ber~enn, 16 SOUth S~reet, Greenport, New York, on August 17, i965~
The~mee~ing was-:ealled to urde~ at 3:00 P.M. with the following pres-
ent= Supervisor Albertson; Councilmen Demarest and Valentine; Justice
T~thill;~ .TOWn Attorney Tasker and Town Clerk ~,Richmond.
Moved :by :;JuStice TUthill; seconded 'by CoUncilman"Dema~est;
RESOLVED': .'That .the minutes of. August 10, 1965 ~be ~and: they. are hereby
appr~ve~. - ~ ~
Vote 'of ~TOwn-~oard: Ayes-Supervisor Albertson; Co~/%cilmen Demarest
and Valentine';~ Justice TUthill.
Move~ by Councilman Valentine; seconded by Justice Tuthill:
WHEREAS, Southold- Planning Board has prepared an official report
and recommendation upon the petition of James J. Olsen, Mattituck,
New YOrk~ and~ Rose ~. and Ctayton H. clark, Peconic, NeW York, for
changes'Of zone from "A" Residential and Agric~lural District to
"B-2" Business District on certain property situate in Mattituck
and PeConic, New York,
N~W, :~FOR~, -BE IT RESOLVR~: That a public hearing will be held by
the Soutq~i~ Town Board at the Supe~visor,s~Office, 16 South Street,
Greenp~rt, NeW York, on September 7, 1965, at 7:30 o'clock P.M. ~on
the above mentioned petitions and that the TOWn Clerk be and he hereby
is authorized and directed to cause a notice of said hearings~to be
published in the Svffolk Times .pursuantl to the requirements of law.
Vote of Town Board: Ayes-SupervisOr 'Albertson; Councilmen Demarest
and Valentine; Justice Tuthitl.
Moved by Councilman Demarest; seconded by Councilm~n valentine:
WHEREAS,:' a' petition was received from Alle~ A. & Hazel E. Mickle
requesting a change of zone of certain property in Orient, New. York,
described in said petition from "A" Residential and Agricultural
District to "B" Business District,
NOW, THEREFORE, BE~ IT RESOLVED: That'-the Town Clerk .of the Town of
Southol~ be: and he her~y is directe~ to transmit this application
to the Planning Board in accordance' with section 901, -Subdivision C
of Article ~X of the Building ~one Ordinance of the Town. of Southold.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and valentine; Justice Tuthill.
MOVed~ by Councilman Demarest; seconded by Conncilman valentine;
RESOLVED: Tha~: HOW~d':~i Terry, :'Building Inspector, Town' :of Soithold,
be and he hereby is authorized. ~o attend State Building Officials
Convention at Albany, New York, on October 21 and 22, 1965,
and be ~'it "further
RESOLVED: That all actual and necessary ex~nses to travel,, meals
lodging incurred while attending said Convention he a legal charge.
against-the Town.
Vote of Town Board:' AYes-supervisor Albertson; Councilmen Demarest
and Valentine; Justice Tuthill.
Moved by Councilman Valentine; seconded by Councilman Demarest;
WHEREAS,~ -THIs Board deems it in the best interest of the Town of
Southold that an Ordinance entitled "GOOD ~DER ORDINANCE" be adopted
NOW, THEREFORE, BE IT RESOLVED: That a public hearing will be held
by the Town~BD~ of the Town of Southold at the Supervisor's Office,
16 South: street, Greenport, New York, on the 7th day of September,
1965, at 7:30 o'clock P.M. on t~e matter of the enactment of the
following Ordinance, to wit:-
GOOD ORDER ~RDINA~CE
SECTION I. No per.son or persons shall consume alcoholic beverages from
~c~ainer.while operating any kin~ of~a vehicle, or. as a passenger
of any kind of vehicle, or as a pedestrian on any public highways within
the Town of Southold,
SECTION 2.~ Any person who shal~ Violate any provision of ,~his ordinance
shall be g~ilty, of ,:~:.offense, and conviction ~ereof ~ shall
able :by impriso~en~ in t~e county Jail for a term not to
mo~t~-~. ~r by. a fine num..to ~e~cee~ $50..0~, or by both ~!~e
SECTI~ %3. If ~y clause, sentence, p~a~a~h:, sect.ion~or:,~..,,.p,~
~ls section shall be' a~ju~ged by any Co~t of coherent j~is~ction
to be invalid,, ~.~,-~ju~ent~shall :~ot affe~, ~air or ~va~i~ate~,
~e remal~ ,th~e0f,-but ~a~l be, co, fined ~ its operat-i~n :~
clause, sentence, p~a~aph, section or ~t thereof,
in t~ =:omtrov~sy. :in which,such ju~ent shall have been ren~e~..
Vote of T~n Bo~= Ayes-Sup~visor Alb~tson~ Co~cil~' Dem~,~ :,:..
an~ V~entine~ Justice Tuthill.
Move~ by Co~=~l~ Valenti~e~ seconae~ by Just!ce..~i11=
~AS, ~iS Bo~:~eems. it in ~e best interest of
~e T~ BO~ :of ~e :T~n:of Southola at the Su~rviso~-s-
16 South S~eet ~reenp~rt, New:.~York,- on the. 31st
1965, at 7~30 o'clock P.M~ on ~e ~tt~ of ~e enactment
SECTI(~: I. Title
This er~ina_n_¢e shall be k~own as- the "Shellfish O~r~inan=e
of: t~e, Town of Southold."
SECTION II. Definitions ...... ~ .
(-a} .The term Utown waters" shall ~ ,d~e,m,.e~..]to
waters'.a~d .lands .un, er' tidewater in any-harbor, ~y
to which_an~ the right of f~shing,, in which is v_est_e.~ in
Southo~d and/or ~,n the Board_of':.Trustees of:-the ToW~ o.f.
(b) The term "permanent resident :.~ sha.,'l-~ ~an.~:a]:.~son
who has, during the period of not less than sixty (6~) ~ays immedia~e-
ly preceding .the ~ _of -his appli~_ation f~ a: ~cenSe'.here~mde~,~,
the dat~ .of taking shellfish if .no perm~t..-~s~~
permanent ~welling within ,the TOWnl of .Southo!d.-' :.
(c) The term "guest" shall mean a Person
living quart~r~s-.'in a ~welling maintained bY~ a pe~rmane~t ~es.i~nt
(d) The term "temporary resident" shall mean' a,,~p~ers~i:
has auring: th~. period of,, not~ .:less tha~ sewen:.. (,7,)._ aays', i~e~ .at. ely
preceding the date of his application f_or:._'a~icense
~ied living quarters w~thin ~he Town of
(e) The term?~shellfish" sl~all, mean:~cl~ _a~_.S, e~ca:!lo~;..:i:!
,an~ 'oysters ........
(f) _:~e term :t-commercial .~.urpeses" shall mean.any.:
or p,ur~ose' other, than for foo~: cons~mpt£on bY the ~ers,ons ..,t:ak~ng
shellfish or .by members, of such, : per son ~ 's :~o~se, hold.. :
SECTION III. Taking of S~ellfish.
(a) Shellfish may be taken from town waters for co~.mmercial
pur~ose~'by,a permanent, resident over the .age of sixteen (16.)j
t,mpon first obtaining a, commercial shellfish permit t~eref_or
Town :Clerk of the Town of Southold.
(b) Shellfish may be taken from town waters by, a temporary
resident upon first obtaini~g a tem~pDa~F~resid~nt shellfish permit
therefor from the Town Clerk of the Town of Southold.
(c) Shellfish .may be taken from town waters for noncommercial
purposes by a Permanent resident W~th~ut Obtaining a permit therefor.
(d).~hellfiSh may be taken from town waters for ,noncommerc-
ial purposes Without obtaining a permit therefor by a guest when accom-
panied by a permanent resident in whoSe dwelling such guest o~cupies,
living qmarter s. ~ '
(e) NO .person not a p~rmanent resident, a temporary resident
or a gme~',,a~c0~panied by a Per~enent- resident shall take shellfish
in any man~er at anY time fr°m town~ waters~ '
SECTION I¥. Escallops.
(a) Escallops shaI1 not be taken from t=wn waters during the
period from April t to October 10, in each year, both'da~s inclusive.
(b) Escallops shall not be taken fr~m town waters during the
period from sunset to sunrise.
(C) Only escallops having an amnual growth or measuring
more than 2% inches from the middle of the hinge to the middle of
the bill may be taken from town waters.
"(d) Escallops may be' taken from town waters for cor~ercial
purposes with a dredge or scrape, having an opening at the mouth of
not more than 36 inches in width, when towed by a boat operated by
mechanical power or other means, provided that such dredge or scrape
is br6~ght aboard the' boat by hand power without the use of a mechan-
ical deVi~e.
(e) Smbject to the provisions of this section, 7~zpermanent
resident, a ~emporary resident ora guest when accompanied by a perm-
anent resident may take from town waters by hand or~'with a scalp net
not more than two (2) pecks of:escallops in any one day, for other
than commercial purposes.
(f)'Not mor~ than-'ten (1~) 'bushels of escallops ~ay be
taken from town waters for~ co~maercial purposes in one day by any one
person. TwO or more persons, occupying the same boat may, take in the
aggregate,.:not mo~e than twenty (2~) bushels of escallops in one day
for commercial purposes. The presence of more than twenty (20) bushels
on any boat in town waters Shall be deemed presumptl~ evidence of
violation of this subdivision.
SECTION V. Clams.
(a) Hard clams less than one inch in thickness shall not
be taken from town waterSl
(b) Soft or steamer clams less than two inches in the long-
est diameter shall not be taken from town waters.
.(c) Churning by power maybe employed in the taking of soft
clams~0n lands below low.tide line in town waters.
(d) A pe~manent resident, a te~aaF~esident or a guest
accompanied by a permanent resident may take not more than two (2)
pecks of clams from town waters inone day for noncommercial purposes.
SECTION VI. Oysters.
"' '(a) Oysters shall not be taken from'townwaters during the
period from May 1 to August 31, in each year, both dates inclusive.
(b) Oysters, shall not be. ~akenl from ~town water-s duri~
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 permanent resident, a temporary resident or a g~est
when accompanied by-a permanent resident may' take no~ more 'than two.
(2) pecks, of oysters from town waters on anY one day for
commercial purposes.
i(e~) Not more tha five , [5)i ~bushels of/oysters be
taken' fr°m town.waters for commercial p=poses in
one person. TWo or more persons occupYing the same boat
in the aggregate, not more than ten (10) bushels of oysters in one ~
day for commercial purposes. The presence of more than ten '(i0) -
bushels,on any ,boat in town waters shall be deemed pres~p~tive
evidence of .~a., violation of this subdivision.. . -~: ~r
SECTION VII. Permits.
(a) The fee for a commerci~i shellfish permit Shall' ~"~
$5.00. Such permit shall expire on December 31, of the year of issue.
(b) The fee for a temporary resident
shall be $5.00. Such permit shall be' issued only for the ' -
time that such temporary resident occupies living .q~arters ..within
the Town of Southold., '~
(C) The holder of a shellfish permit shaI1 carr~ ·
permit assigned to him on his~person while engaged in the per
permit has been issued to him.
SECTION VIII. Culling Shellfish and Restoration of ~nderwater Lands.
(a) Shellfish shall be culled when taken. Ail-shellfish?
taken which ~o not comPlY with the provisions of this ordinance shall
be immediately returned alive to the Water'.
. Town
(b) Ail lands under/waters disturbe~by the taking
, ~a~
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 sa~d Board of Trustees, and properly st~-ked, a~~ notices
posted by said Board of Trustees.
SECTION X~ Tr~nspla~ting Shellfish.
Notwithstanding any other provision~ of this 'ordinance,
the Town Board of Trustees may authorize the transplanting or'Shell-
fish in town waters ~f any age or size, subject to its supervision,
when it shall find that"such shel!fish~'are in da~ger of ~estrmc~ion
as the result or.predators or other causes.
SECTI~XI, Penalties. ~-,.~,
(a) Any person convicted of a wiolation of any provision
13'5
of this ordinance shall be deemed to-have committed an offense against
such :ordinance and also shall be liable for any such violation or
penalty therefor.
~: .._ (b) For every violation of any provision of this ordimance,
the person violatl~ ~h~ same shall be 'subject to a f~ne .of 'not: mOre
than one HUndred Dollars ($100.0Q) or imprisonment not exceeding
thirty. ~(30)- dayS, or both ~such fine~ and 'mprisonment.
(c) A second conviction for a violation o~ any of the pro-
visions of this .ordinance within a period of one year shall constitute
and effect an immediate forfeiture of a permit. issued to S~ch Person.
No new permit shall be issued to such ~person for at least one year
after such forfeiture.
('d) Any pers°n ,violating this ordinance shall be subject to
a civil penalty enforceable 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 punisk~,
ment, the Town Board may also maintain an action Or'proceeding in the
name of the Town in a Court of competent juri~dicti0n to'compel dom-
pliance with, or to 'restrain bYinj~nction the violation of, this
ordinance.
SECTI'ON-XII. Repeal.
"-All ordinances or regulations-heretofore 'adopted in conflict
with this ordinance are hereby repealed.
SECTION XIII.
Saving Clause.
~If any clause, s~ntence, parag~aph,-'secti~m'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 to the
c~se~ sentence, paragraph, section or part thereof directl~ involved
in the controversy in Which such 3udgment shall have been rendered.
T~ ~lerk