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HomeMy WebLinkAboutProposed Changes To Town Code Sect 92-42 2005PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finne/anC~town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LOKI ItULSE MONTi!;FUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town:southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 To: From: Date: Subject: MEMORANDUM · Members of the Town Board Lori Hulse Montefusco, Esq. Assistant Town Attorney September 15, 2005 Proposed Changes to Town Code Section 92-42 It has been brought to my attention by Lieutenant Kruszeski that an amendment to Section 92-42-C(3)(a) would assist in enforcement of the Southold Town Code. The pertinent section is as follows: C. [Added 6-8-1999 by L.L. No. 4-1999] Night fishing permit· For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to §92-42A and B is hereby created: (1) Night fishing permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident parking permit or lease parking permit. (2) Any motor vehicle having a night fishing p·ermit shall be deemed not to be in violation of §92-42A and B where both the night fishing permit and the resident or lease parking permit are properly displayed. (3) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by §92-42A and B, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing from the shore adiacent to or accessed by the location where the motor vehicle is parked. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for this permit. (c) Duration of permits. All annual night fishing permits provided for in this Section shall expire on December 31 of the year issued. (4) Other regulations. Persons using parking areas pursuant to the previsions of this Section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. The intent of this Section was to authorize parking for night cast fishing. The amendment will address vehicles parked for an extended period of time while the operator leaves the location, oftentimes mooring offshore. Thank you for your consideration. LHM/Ik ~ cc: Ms. Elizabeth Neville, Town Clerk Patricia A. Finnegan, Esq., Town Attorney