HomeMy WebLinkAboutLL 2010 #08DAVID A. PATERSON *'
GOVERNOR
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
99 WASHINGTON AVENUE
ALBANY, NY 12231-0001
LOR~RAINE A, CORTI~S-VAZQUEZ
SE¢.~T^.Y Or ST^YE
September 1,2010
Lynda M Rudder
Town of Southold
Town Hall 53095 Main Road
PO Box 1179
Southold NY 11971
RECEIVED
8EP - 7.2010
SoutholdTown Clerk
RE: Town of Southold, Local Law 5&6&7&8, 2010, filed on 8/30/10
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.state.ny.us.
Sincerely,
State Records and Law Bureau
(518) 474-2755
WWW.DOS.STATE.NY.U$ * E-MAIL:INFo~DOS.$TATE.NY.U$
~,, USAirbill,-.~ 8663 9461 6540
Express
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Account N.mber 1067
Comp.~yTOWN OF SOUTHOLD
Address 530~5 ROUTE 25
c~ SOUTHOLD $~ NY aP
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8 Residential DeliverySignature Options
NO Signaiure Direct Signature Indirect Si natdre
ELIZABETH A. NEVILLE, RMC, CMC
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
August27,2010
Fed Ex
RE:
Local Law No. 5, 6, 7 & 8 of 2010
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-001
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 5, 6, 7 & 8 of 2010 of the Town
of Southold, suitable for filing in your office.
1 would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours, f~
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY~ NY 12231
DOS-239(Rev 05/05)
(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.
rn County
rn City
[] Town of SOUTHOLD
Cl Village
Local Law No. 8 of the year 2010.
A Local Law entitled, A Local Law in relation to Amendments to Chapters 189 and 260 in connection with
Night Fishing Parking Permits
Be it enacted the Town Board of the:
tn County
Cl City
[] Town of SOUTItOLD
rq Village
I. Purpose.
To create an exception to parking restrictions for fishermen and shell fishermen that are residents, guests of
residents or lessees of the Town allowing parking access to beaches, creeks, and waters within the Town
between the hours of 10:00 p.m. and 6:00 a.m. with a proper permit and to relocate the applicable provision for
parking at beaches from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189).
II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows:
§ 189-2. Designation of parking areas requiring permits.
G. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the
parking areas designated in § 189-2.
§ 189-3. Parking permits.
Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as
follows:
G. Night fishing parking 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 norma.lly
(If additional space is needed, attach pages the same size as this sheet, and number each.)
closed (10:00 p.m. to 6:00 a.m.), the following exception to §189-2G is hereby created: [Added 6-8-
1999 by L.L. No. 4-1999]
(1) Night fishing parking 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, lessee or guest
parking permit.
(2) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation
of § 189-2G or § 189-3G and where both the night fishing permit and the resident, lessee or guest
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 §189-2G and §189-3G, the occupants of
the vehicle must have fishing equipment and be actively engaged in fishing. 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 night fishing permits.
(c) Duration of permits. All night fishing permits provided for in this section shall expire at
the same time as the resident, lessee or guest parking permit.
(4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall
comply with all other laws, ordinances, rules, regulations and restrictions thereto.
IlL Chapter 260, Section 9, B & C(1-4) to be removed in its entirety
IV. 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.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
2
(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.)
1 hereby certify that the local law annexed hereto, designated as local law No.. 8 of 20 10 . of the
(C:xn.~'~(C:.~j')(Town) (V:.'.~.:.~,:) of SOUTHOLD was duly passed by thc
TOWN BOARD on August 10 ,20 10 , 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 paased by the
on 20 __, and was (approved)(not approvedXre-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 (County)(City)(Town)(Village) of was duly passed by the
on 20 _, and was (approved)(not approvedXrepassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ora (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 (approvedXnot 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, lfthere 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.
3
5. (City local law concerning Charter revision proposed by petition.)
1 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.
any other authorized form of final adoption has been followed, please provide an appropriate certification.)
1 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
~Seal)
Clerk of tl'lf~County legislative body. City. Town or
Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: August 18~ 2010
(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
1, the undersigned, hereby certify that the foregoing local law contains the co~T'f'~nd that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.~/ff--. -)
Signature
Martin D. Finnegan, Town Attorney
Jennifer Andaloro~ Esq.~ Assistant Town Attorney
Title
Town of SOUTHOLD
Date:
August 18~ 2010
4
RESOLUTION 2010-633
ADOPTED
DOC ID: 6117
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-633 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 10, 2010:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local Law in
relation to Amendments to Chapters 189 and 260 in connection with Night Fishin~ Parking
Permits.
WHEREAS that 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
therefore, 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 Amendments to Chapters 189 and 260 in
connection with Ni~,ht Fishin~ Parkim, Permits" that reads as follows:
LOCAL LAW NO. 8 of 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in
connection with Night Fishing Parking Permits".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
To create an exception to parking restrictions for fishermen and shell fishermen that are
residents, guests of residents or lessees of the Town allowing parking access to beaches, creeks,
and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a proper permit
and to relocate the applicable provision for parking at beaches from the Vehicle and Traffic Code
(Chapter 260) to the Parking Code (Chapter 189).
Il. Chapter 189 of the Code of the Town of Southold is hereby amended as follows:
§ 189-2. Designation of parking areas requiring permits.
G. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m.
in all of the beach parking areas designated in §189-2A.
§ 189-3. Parking permits.
Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article
Resolution 2010-633
shall be issued as follows:
Board Meeting of August 10, 2010
Night fishing parking 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
§189-2G is hereby created: [Added 6-8-1999 by L.L. No. 4-1999]
(1)
Night fishing parking 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, lessee or guest parking permit.
(2)
Any motor vehicle having a night fishing parking permit shall be deemed not to
be in violation of § 189-2G or § 189-3G and where both the night fishing permit
and the resident, lessee or guest parking permit are properly displayed.
(3) The following rules and regulations apply:
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 § 189-
2G and § 189-3G, the occupants of the vehicle must have fishing
equipment and be actively engaged in fishing. 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 night fishing permits.
(c)
Duration of permits. All night fishing permits provided for in this section
shall expire at the same time as the resident, lessee or guest parking
permit.
(4)
Other regulations. Persons using parking areas pursuant to the provisions of this
section shall comply with all other laws, ordinances, rules, regulations and
restrictions thereto.
IlL Chapter 260 of the Code of the Town of Southold is hereby amended as follows:
§ 260-9. Parking prohibited during certain hours.
and B L~ SereS:, ..... ~,~-.~.*~'~' t'r ^ .:,~.~.~ ~ fi !999 by L.L. Nc. '~. !999]
Updated: 8/10/2010 3:08 PM by Linda Cooper Page 2
Resolution 2010-633
Board Meeting of August 10, 2010
(a)
(c)
IV. 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.
V. 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
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell
Updated: 8/10/2010 3:08 PM by Linda Cooper Page 3
SOUTHOLD TOWN BOARD
PUBLIC HEARING
August 10, 2010
7:35 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Councilman Christopher Talbot
Town Attorney Martin Finnegan
Town Clerk Elizabeth Neville
This hearing was opened at 7:55 PM
COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board
of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2010, a
Local Law entitled "A Local Law in relation to Amendments to Chapters 189 and
260 in connection with Night Fishing Parking Permits.
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on
the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New
York, on the l0th day of August, 2010 at 7:35 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 Amendments to
Chapters 189 and 260 in connection with Night Fishing Parkin~ Permits" reads as
follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and
260 in connection with Ni~,ht Fishinl~ Parkin[ Permits".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To create an exception to parking restrictions for fishermen and shell fishermen that are
residents, guests of residents or lessees of the Town allowing parking access to beaches,
creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a
proper permit and to relocate the applicable provision for parking at beaches from the
Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189).
II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows:
§ 189-2. Designation of parking areas requiring permits.
G. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to
6:00 a.m. in all of the parking areas designated in § 189-2.
Amendments to Chapters 189 and 260, Night Fishing Permits 2
August 10, 2010
§ 189-3. Parking permits.
Parking permits for parking vehicles in the parking areas designated in § 189-2 of this
article shall be issued as follows:
G. Night fishing parking 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 §189-2G is hereby created: [Added 6-8-1999 by L.L.
No. 4-1999]
(1) Night fishing parking 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, lessee or guest parking permit.
(2) Any motor vehicle having a night fishing parking permit shall be deemed
not to be in violation of §189-2G or §189-3G and where both the night
fishing permit and the resident, lessee or guest 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 &]ring a time in which parking is normally prohibited by
§189-2G and §189-3G, the occupants of the vehicle must have
fishing equipment and be actively engaged in fishing. 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 night fishing permits.
(c) Duration of permits. All night fishing permits provided for in this
section shall expire at the same time as the resident, lessee or guest
parking permit.
(4) Other regulations. Persons using parking areas pursuant to the provisions
of this section shall comply with all other laws, ordinances, rules,
regulations and restrictions thereto.
Ill. Chapter 260 of the Code of the Town of Southold is hereby amended as follows:
§ 260-9. Parking prohibited during certain hours.
Any ......................
Amendments to Chapters 189 and 260, Night Fishing Permits
August 10, 2010
IV.
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.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
We have a copy of, that it was noticed for public hearing tonight, August 10. On the 6th
day of August in the Suffolk Times. We have a letter from the Suffolk County
Department of Planning saying it is a matter for local determination and just an affidavit
from the Town Clerk that it was posted on the Town Clerk's bulletin board. And that is
it.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town
Board on this particular local law? Night fishing permits?
UNIDENTIFIED: Inaudible. I request from the Town Board the last 30 years to use the
rules as you write them. Because it seems to me like you put the rules in the book but
nobody is following them. Or they are not qualified, the people in the Building
department or in the Zoning Board or (inaudible). 1 mean, there is no other explanation
to me. I sent a registered letters to four supervisors so far. Nobody did nothing. My
property is now worth half of what it was 10 years, 20 years ago because of what you
allow them to be done over there.
SUPERVISOR RUSSELL: This is your property in front of Island's End golf course?
UNIDENTIFIED: Yes.
SUPERVISOR RUSSELL: Can I just ask that we get the business of this local law done
and then I will have you come up after to address those issues? because what we have is
a hearing on just these local laws, we will hurry up and act on these and then I will go to
the general ....
Amendments to Chapters 189 and 260, Night Fishing Permits 4
August 10, 2010
UNIDENTIFIED: Alright. I got the zoning (inaudible), I have got everything.
SUPERVISOR RUSSELL: Alright, and I will have you come back up in a few minutes.
Let me just take care of this first.
NANCY SAWASTYNOWICZ: Nancy Sawastynowicz ofCutchogue. I was just curious
on this law. I have nothing against the fishermen but why, were there a lot of requests?
SUPERVISOR RUSSELL: There weren't a lot, there were some. Principally we have a
fishing group that is basically comprised of residents from Riverhead and Southold. Now
this fishing group in particular, tends to volunteer every year for the beach cleanups that
we host, they have adopted beaches. And some of them, Riverhead offers guest passes to
the Southold residents, Southold had never had a law that allowed us to issue guest
passes to the Riverhead residents. So this is sort of an effort at diplomacy to allow the
guests of residents of this town the fight to have their friends come fish with them.
MS. SAWASTYNOWICZ: Okay. I am just concerned because I live at a dead end
where there is a lot of fishing and I am not against the fishermen but patrolling that night
fishing because there are a lot of parties down at that dead end at the beach and the
police, I mean, I hate to call them every single weekend, I don't usually do that because
you know, the kids have to go somewhere also but you know, when they have bonfires
with gasoline and pallets and 40 feet in the air and you can see it from Cutchogue village,
I call. So I am just concerned about whether it will encourage more parties down ....
SUPERVISOR RUSSELL: I do not believe, we have thought long and hard about that
because of our current struggles to enforce existing code...
MS. SAWASTYNOWICZ: Exactly.
SUPERVISOR RUSSELL: But the reality is, the people that follow the rules will follow
the rules. These people will come and get their permits and do what they are supposed to
be doing, which is just fishing. The people that don't follow the rules, don't follow the
rules regardless of this law. We are still going to have struggles and problems in trying to
enforce the abuse that takes place on the beaches at night and at other times. That is an
ongoing struggle, we have been trying to develop resources that will help us address it
better but this should be really viewed independent of that. These are people that will
come in and get the pass and not only will we know who they are, we will know who the
resident is, the sponsoring resident of the town is.
MS. SAWASTYNOWICZ: Well, I think it is a good law and thank you for that and I
also at this point would say that the traffic patrol young men are doing a wonderful time
down at that dead end because there is so much illegal parking. I would like to thank the
town for that and for putting up the signs so that, I mean, I couldn't even get out of my
driveway, it is just amazing down at that dead end so I would like to thank you for that,
too. And I will always take some fish.
Amendments to Chapters 189 and 260, Night Fishing Permits 5
August 10, 2010
COUNCILMAN KRUPSKI: It is also for local residents because even if the road ends
aren't posted, you can't, you are not supposed to park there between certain hours at
night. Even for local residents who have a regular town parking permit, now they can, if
you go crabbing at night or whatever, now at least police officers know you are a
resident, you are legitimate, you are supposed to be there.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this
particular local law? (No response)
This hearing was closed at 8:01 PM
Elig,.~lbeth A. Neville
Southold Town Clerk
LL/AMENDMENTS TO PARKING AND VEHICLE AND TRAFFIC CODES
SUMMARY OF PROPOSED CHANGES
READ FIRST WHEREAS AND RESOLVED THEN:
The proposed Local Law that is the subject of this evening's public hearing
is intended to extend the exception to night time parking restrictions at
Town Beaches, road ends and ramps to guests of residents or lessees with
valid permits for a fee. The Amendment also serves to relocate the night
fishing permit regulations from the Vehicle and Traffic Code (Ch. 260) to
the Parking Code (Ch. 189).
9873
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
5th day of Auqust, 2010.
Principal Clerk
Sworn to before me this
day of .amstar, ~lO at 7..35 p.m. at which
260) to thc Parking Code (Chapter 189).
beaehe~, creeks and waters within the
T~Wn of Sou[hold when such oarklno
~18g-20 is herebv created: [Added
(11 Night fishino oarkhlp hermit. ~
§ 260-9. Parking prohil~ted dm4~
'Ibis Local Law shall take effect im-
mediately upon filing vdth the S~cretary
of State as provided by law, '
Da~t~ Jltly 27,2010 ·
follows: BY ORDER OF
of this article shall be issued as follow~- I t ~ TOWN OF SOUTHOLD
I G. Night fishlno oarkino nermi~ ';' Elizabeth Neville
the oumone of ezmunno h Town Clerk
NOTAEY PU~ lc o? ~
,~f~T~ OF NEW YORK
RECEIVED
JUN t 4 2010
Southold Town Clerk
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
SUFFOLK COUNTY EXECUTIVE
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
June 8, 2010
Town of Southold
PO Box 1179
Southold, New York 11935
Att: Ms. Elizabeth A. Neville, Clerk
Applicant:
Zoning Action:
Resolution No.:
Public Hearing Date:
S.C.P.D. File No.:
Town of Southold
Amendments Chapter 189 & 260
"Night Fishing Parking Permits"
# 2010-380 & 2010-381
June 15, 2010
SD- 10-LD
Dear Ms. Neville:
Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local determination
should not be construed as either an approval or disapproval.
Very truly yours,
Thomas A. Isles, AICP
Chief Planner
APF:ds
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
LEGAL NOTICE
Notice of Public Hearing
WHEREAS, there has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local
Law in relation to Amendments to Chapters 189 and 260 in connection with Night
Fishing Parking Permits.
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on
the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New
York, on the l0th day of August, 2010 at 7:35 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 Amendments to
Chapters 189 and 260 in connection with Night Fishing Parking Permits" reads as
follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and
260 in connection with Night Fishing Parking Permits".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To create an exception to parking restrictions for fishermen and shell fishermen that are
residents, guests of residents or lessees of the Town allowing parking access to beaches,
creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a
proper permit and to relocate the applicable provision for parking at beaches from the
Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189).
II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows:
§ 189-2. Designation of parking areas requiring permits.
The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to
6:00 a.m. in all of the beach parking areas designated in § 189-2A.
§ 189-3. Parking permits.
Parking permits for parking vehicles in the parking areas designated in §189-2 of this
article shall be issued as follows:
G. Night fishing parking 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 § 189-2G is hereby created: [Added 6-8-1999 by L.L.
No. 4-1999]
(1) Night fishing parking 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, lessee or guest parking permit.
IlL
(2) Any motor vehicle having a night fishing parking permit shall be deemed
not to be in violation of § 189-2G or § 189-3G and where both the night
fishing permit and the resident, lessee or guest 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
§189-2G and §189-3G, the occupants of the vehicle must have
fishing equipment and be actively engaged in fishing. 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 night fishing permits.
(c) Duration of permits. All night fishing permits provided for in this
section shall expire at the same time as the resident, lessee or guest
parking permit.
(4) Other regulations. Persons using parking areas pursuant to the provisions
of this section shall comply with all other laws, ordinances, rules,
regulations and restrictions thereto.
Chapter 260 of the Code of the Town of Southold is hereby amended as follows:
§ 260-9. Parking prohibited during certain hours.
IV. 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.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: July 27, 2010
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON AUGUST 5, 2010, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
TC's Bulletin Board
Town Board Members
Accounting Dept.
Town Attorney
Recreation Dept
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
dulyswom, says that on the ~ dayof ~/..~ ,2010, she affixed a
notice of which the annexed printed notice is a~Tme kO
copy, 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.
LL Night Fishing
lizabeth A. Neville
Southold Town Clerk
Sworn before m~his/~
o~ day of [~_ ,2010.
~/ ~N~tary Public
LYNDA M.
NOTARY PUBLIC,.St~:e of Ne~v
No. 01~6020932
Qualified in Suffolk Coun~
Term Expires March 8, 20
9794
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successively, commencing on the
3rd day of June, 2010. /~//~
Principal Clerk
Sworn to before me this
day of
2010.
/ / ? / ?/7
k,._.. ~I'~TI~qA VOL NSKI
' JBLIC-STATE OF NEW YORK
:~o. 01-VO6105060
~4allfled in Suffolk County
LEGAL NOTICE
NOTICE OF PUBLIC tI~ARING
NOTICE IS HEREBy GIVEN,
there has been presented to the Town
Bo~rd of the Town of Southold, Suffolk
County, New York. On the 18th day of
BE IT ENACTED by the To~n Board
of the Town of Southold as follows: 1. Pm'pose.
To create an exception to parking
restrictions for fishermen and shell
fishermen that are residents, guests of
residents or nonresidents of the Town
allowing parking access to beaches.
creeks, and waters within the Town be-
tween the hours of 10:00 p.m. and 6:00
a.m. with a proper permit and to relo-
cate the applicable provision for parking
at beaches from the Vehicle and Traffic
Code (Chapter 260) to the Parking Code
(Chapter 189).
IL Chapter 189 of the Code of the
Town of Southold is hereby amended as
follows:
J 189-~ Designafioa of parkiag areas
Subparagraphs (1) da'ough (7) - text
§ tsgo. rart~ pertain.
the year issued,
(5~ Other regulations. Persons n~in~_
§ 260.9. Parking prohibited duHn~
A. [Text remains the same.]
- r,:o'....?' -~.~; .......
jur~dicfion to be invalid, the judgment
V. EFFECTIVE DATE
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
To~n Clerk
9794-1T 6/3
SOUTHOLD TOWN BOARD
PUBLIC HEARING
June 15, 2010
7:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Councilman Christopher Talbot
Town Clerk Elizabeth Neville
Town Attorney Martin Fiunegan
This hearing was opened at 8:12 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day
of May 2010, a Local Law entitled "A Local Law in relation to Amendments to
Chapters 189 and 260 in connection with Night Fishiml Parking Permits".
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 the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 15th day of June, 2010 at 7:32
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 Amendments to
Chapters 189 and 260 in connection with Night Fishing Parking Permits." reads as
follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and
260 in connection with Ni~,ht Fishin~ Parkin~ Permits".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To create an exception to parking restrictions for fishermen and shell fishermen that are
residents, guests of residents or nonresidents of the Town allowing parking access to
beaches, creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00
a.m. with a proper permit and to relocate the applicable provision for parking at beaches
from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189).
II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows:
§ 189-2. Designation of parking areas requiring permits.
Amendments to Night Fishing Permits
June 15, 2010
2
A. The following beach parking areas are hereby designated as Town of Southold
"Parking by Southold Town Permit Only" areas:
Subparagraphs (1) through (7) - text remains the same.
B. Text remains the same.
C. Text remains the same.
D. Text remains the same.
E. Text remains the same.
F. Text remains the same.
G. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to
6:00 a.m. in all of the beach parking areas designated in §189-2A.
§ 189-3. Parking permits.
Parking permits for parking vehicles in the parking areas designated in §189-2 of this
article shall be issued as follows:
A. Text remains the same.
B. Text remains the same.
C. Text remains the same.
D. Text remains the same.
E. Text remains the same.
F. Text remains the same.
G. Night fishing parking 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 §189-2G is hereby created: [Added 6-8-1999 by L.L.
No. 4-1999]
(I) Night fishing parking 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 a lessee !zage parking
permit.
(2) Non-resident night fishing parking permit. A weekly night fishing parkine
permit may be issued by the Town Clerk or a person designated by the
Town Clerk to any individual holding a nonresident seasonal beach
parking permit or to a guest of any person holding a valid resident or
lessee parking permit, however, guest permits may only be issued to the
holder of a resident or lessee permit upon application and certification
duly executed by the resident or lessee clarifying the individual's guest
status and providing a valid license plate number and payment of the fee
prescribed by resolution of the Southold Town Board.
(3) Any motor vehicle having a night fishing parking permit shall be deemed
not to be in violation of § 189-2G or § 189-3G and where both the night
fishing permit and the resident or lease parking permit are properly
displayed.
(4) The following roles and regulations apply:
(a) At the time a motor vehicle with a night fishing permit is par~ed at
a location during a time in which parking is normally prohibited by
§189-2G and §189-3G, the occupants of the vehicle must have
fishing equipment and be actively engaged in fishing. The permit
Amendments to Night Fishing Permits
June 15, 2010
is nontransferable and valid only for vehicles bearing the license
plate number on the permit.
(b) Fees. There shall be no annual fee for resident or lessee permits.
(c) Duration of permits. All annual night fishing permits provided for
in this section shall expire on December 31 of the year issued.
(5) Other regulations. Persons using parking areas pursuant to the provisions
of this section shall comply with all other laws, ordinances, rules,
regulations and restrictions thereto.
III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows:
§ 260-9. Parking prohibited during certain hours.
A. [Text remains the same.]
B ' ' ' f'~'~
r~ Thz "~'"' ., .... ~ ..... ,n+: ......,.,.
fc ..... lng ra
--At the ................................
IV. 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.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Amendments to Night Fishing Permits 4
June 15, 2010 f
We have the affidavit of posting on the Town Clerk's bulletin board, we have a notice of
publication in the Suffolk Times which is dated June 3, 2010. I have a letter to Scott
Russell fi.om Martin Sidor, chairman of the Sonthold Town Planning Board. 'Thank you
for the opportunity to provide comments on the proposed local law. The Planning Board
has reviewed the proposed legislation and supports it.' We also have a letter fi.om
Suffolk County office of Department of Planning, 'Dear Ms. Neville, Pursuant to
requirements of sections A 14-14 through 14-25 of the Suffolk County administrative
code, the above referenced application which has been submitted to the Suffolk County
Planning Commission is considered to be a matter of local determination as there is no
apparent significant county wide or inter-community impacts. A decision of local
determination should not be construed as either an approval or a disapproval.' And that
is it.
SUPERVISOR RUSSELL: Would anybody like to come up and address the issue of
night fishing in Southold Town?
BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I hate getting
parking tickets. Do you all like to get parking tickets. I don't even like it when other
people get parking tickets. Unfortunately I live on a road end and we have parking
problems. These are not just caused by non-residents, these are caused by people who
claim that they live here. The point is there is one no parking sign at the end of East
Road. The no parking district according to town law goes fi.om the comer of East and
Fleetwood Road down to the end of East Road. Depends on who the enforcement officer
is that day. Whether it is a police officer or a traffic enforcement officer, I don't know,
the different people who enforce the parking. Some of them will give tickets, some
won't, some say there are no signs. You know, they are very happy to give tickets if you
park in the wrong direction on the right side of the road facing the wrong way or vice
versa. There are no signs that say that is illegal. But if we have parking regulations and I
think we need them in this case, one example, two weeks ago, I was pulling up the road
and there was a car parked there and it stopped for a minute. This woman was obviously
impatient to get by and I said that I am moving in one minute but by the way, you don't
have a parking permit. She said, I live here, I don't need one. And in the process of
speeding by me between my truck and the car on the other side of the road, she hit her
mirror, hit the mirror of the other car. We heard a big bang. Did she stop.'? No. kept
going, 40 feet more, that is all she could get. Another case, the same day, a very well
known attorney in town parked her track down there and put a notice in the window, I
live here, I don't need a permit. The police were called and they were there several times
and they declined, they refused to give her a permit because there were no signs. So, you
know, it is fine if you want to make parking regulations but if you are not going to
enforce them, if you are not going to properly notice them, then I don't understand why
my friends have to pay the fines. Thank you.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the issue of
night fishing?
Amendments to Night Fishing Permits 5
June 15, 2010
COUNCILMAN KRUPSKI: I did call the town attomey's office for clarification on that
as far as whether town road ends were posted, do you need a permit or can you park there
even if they are not posted and I was told that in fact the road ends, even if they are not
posted, it is in the town code that you need a town permit to park at the road ends
because, and this addresses night access and a lot of people fish and a lot of people go
crabbing at night, eeling at night and really access, it is public property, you know
beaches and creeks and wetlands are public property and residents should have access to
them. This permit, what we are addressing here wouldn't cost residents any money, it
just simply as residents gives them the fight, even though there is a sign that says no
parking after 10 or a certain hour, this would give them the right to use the beach or the
creek for whatever they want. Because that is the ....
SUPERVISOR RUSSELL: On your other issue, I got your email and I forwarded it to
the police captain and asked him to look into it, both the signage that is absent and the
specific parking without a permit and the handwritten sign that says basically I don't need
one, I am a resident and he assured me that won't happen again.
JUSTICE EVANS: Are they going to ....
MR. SCHWARTZ: Well, I am very happy ....
JUSTICE EVANS: Are they going to put a sign at the far end? Because I think what
happens is there is only a sign near the road end, so unless you get that far down you
don't see the no parking sign.
SUPERVISOR RUSSELL: It is already specified in the code and I will use, I assume
that Mr. Harris and his sign installer can figure out exactly where the signage needs to be.
But if it is specified in the code, there needs to be signage, there will be.
MR. SCHWARTZ: There is still a post from where the sign used to be 10 years ago.
SUPERVISOR RUSSELL: Yes, I asked them to look into that.
MR. SCHWARTZ: But you know, I want to make it clear that I live at the end of the
road. I am not trying to keep everybody else out of there. I am very happy for everybody
to park there but we do have a problem, a lot of people come down there and they park
so close together that the cars that are parked down further cannot get out and the police
can't get down there and we have quite a few medical emergencies that occur every year,
every other year on the beach. And it is just not fight that we have cars, people when
they come down to the beach, they come down and enjoy the beach, good. But do they
have to speed down there and park blocking everybody else? I don't think so. Thank
you.
SUPERVISOR RUSSELL: Any other comment on night fishing? No response. I am
going to ask us to close the hearing and then a hold on this because there are some issues
on the wording that I would like to clarify with the town attorney. I think this cast a net a
Amendments to Night Fishing Permits 6
June 15, 2010
little bit wider than we wanted. Basically we wanted residems who have guests to have
those guests have the right to go fishing at night and I think this goes a little bit more
broadly than we had talked about.
This hearing was closed at 8:23 PM
Southold Town Clerk
JUN, 8. 2010 IO:30AM
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
WILLI~iM J. CREMEBS
KENNETI6 L. El)WARDS
GEORGE D. SOLOMON
JOSEPH L, TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
N0,852 P, 1
MAILING ADDF,.E~:
P.O. Box 1179
Southold. NY 11971
O~'PiCI~ LOCATION:
To'w~ ~ Annex
54875 State ~ute 25
(cot. M~i~ ~. & Yo~g$ Ave.)
Southol~ ~
Tel~hone: 631 76~-1938
F~ 631 765-~186
RECEIVED
MEMORANDUM,
JUl,; 8 2010
TO:
FROM:
DATE:
SUBJECT:
Scott A. Russell, Supervisor
Members of the Southold Town Board
Martin IL Sidor, Cha'.wman ~
Southold Town Plannmg Board ~
June 8~ 2010
"A Local Law in relation to Amendments to Chapters 189
and 260 in connection with Ni~_ht Fishin~ Parking Permits"
Sout~,ol~ Town Clerk
Thank you for the opportunity to provide comments on the proposed Local Law
referenced above.
The Planning Board has reviewed the proposed legislation and supports it.
JUN - 8 2010
JUN. 9.2010 8:22AM
DEPARTMENT OF PLANNING
631-853-d044
$ C PLAN'~NG DF. PT
COUNTY OF SUFFOLK
STEVE LEvY
SUFFOLK COUNTY EXECUTIVE
NO. 850 P..1~ e2
So=~ho~d Town
THOMAS A, ISLES, A,I.C.P
DIRECTOR OF pIJ~NNING
June g, 2010
Town of Southold
PO Box 1179
Southold, New York I 1935
Att: Ms. Elizabeth A.. Neville, Clerk
Applicant:
Zom~ng Act;ion:
Resolution No.:
Public Hear~n~ Datc:
,C,P.D. File No,:
Town of Southold
Amendments Chapt~- IS9 & 260
"Night Fishing ?arld~ Permits"
# 2010-380 & 2010-381
June 15, 2010
SD-10-LD
Dear 1'¢_~. Neville:
Pursuant to the requirements of Sections A14-14 ~ A14-25 of the Suffolk County
~drninistrative Code, the above referenced application which ha~ been submitted to the Suffolk
County Pl~mning Commission is considered to be a matter for local determinaQon ss th,ere i~ no
apparent significant cotm~-~r~d¢ or inter-comrnun/ty fi-npact(s). A decision of local determination
should not be construed as either an approw! or disapproval
Very u'uly yours,
APF:ds : '
JUN - 8 2010
Thoma~ A. Isles~ AICP
Chief Plmaner
LOCA~ON MAILING ADDRESS
H. LEE DENNISON BLDG, - ~'rH FLOOR P.O. BOX 6100 (631) BS3-BIS1
100 VETERANS MEMORIAL HIGHWAY HAUP~AUGE, NY '11788..0099 'I'FJ-EOOPIER (631) 853404,4
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 18th day of May 2010, a Local
Law entitled "A Local Law in relation to Amendments to Chapters 189 and 260 in
connection with Night Fishing Parking Permits".
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 the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 15th day of June, 2010 at 7:32
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 Amendments to
Chapters 189 and 260 in connection with Night Fishing Parking Permits." reads as
follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and
260 in connection with Night Fishing Parking Permits".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To creme an exception to parking restrictions for fishermen and shell fishermen that are
residents, guests of residents or nonresidents of the Town allowing parking access to
beaches, creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00
a.m. with a proper permit and to relocate the applicable provision for parking at beaches
from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189).
II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows:
§ 189-2. Designation of parking areas requiring permits.
The following beach parking areas are hereby designated as Town of Southold
"Parking by Southold Town Permit Only" areas:
Subparagraphs (1) through (7) - text remains the same.
B. Text remains the same.
C. Text remains the same.
D. Text remains the same.
E. Text remains the same.
F. Text remains the same.
The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to
6:00 a.m. in all of the beach parking areas designated in § 189-2A.
§ 18%3. Parking permits.
Parking permits for parking vehicles in the parking areas designated in § 189-2 of this
article shall be issued as follows:
A. Text remains the same.
B. Text remains the same.
C. Text remains the same.
D. Text remains the same.
E. Text remains the same.
F. Text remains the same.
Night fishing parking 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 § 189-2G is hereby created: [Added 6-8-1999 by L.L.
No. 4-1999]
(1)
Night fishing parking 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 a lessee teas~ parking
permit.
(2)
Non-resident night fishing parking permit. A weekly night fishing parking
permit may be issued by the Town Clerk or a person designated by the
Town Clerk to any individual holding a nonresident seasonal beach
parking permit or to a guest of any person holding a valid resident or
lessee parking permit, however, guest permits may only be issued to the
holder of a resident or lessee permit upon application and certification
duly executed by the resident or lessee clarifying the individual's guest
status and providing a valid license plate number and payment of the fee
prescribed by resolution of the Southold Town Board.
(3)
Any motor vehicle having a night fishing parking permit shall be deemed
not to be in violation of § 189-2G or § 189-3G and where both the night
fishing permit and the resident or lease parking permit are properly
displayed.
(4) 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
§ 189-2G and § 189-3G, the occupants of the vehicle must have
fishing equipment and be actively engaged in fishing. 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 resident or lessee permits.
(c)
Duration of permits. All annual night fishing permits provided for
in this section shall expire on December 31 of the year issued.
Other regulations. Persons using parking areas pursuant to the provisions
of this section shall comply with all other laws, ordinances, rules,
regulations and restrictions thereto.
III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows:
§ 260-9. Parking prohibited during certain hours.
[Text remains the same.]
(1)
(a)
(c)
IV. 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.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: May 18, 2010
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON June 3, 2010, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times Town Board Members
TC's Bulletin Board Accounting Dept.
Town Attomey
Recreation Dept
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the .3 day of..3~tLO ~ ,2010, she affixed a notice of
which the annexed printed notice is a tree copy, 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.
Re: Night Fishing
· Neville
Southold Town Clerk
Sworn before me/}his
/5'- day of yc~.~ ,2010.
No(ary Pufflic
ELIZABETH A. NEVH.LF,, RMC, CMC
TOWN CLERK
HEGISTRAR 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
May 19, 2010
Re: Resolutions 2010-380 2010-381 regarding
proposed Local Law in relation to Amendments to
Chapters 189 and 260 in connection with Night Fishing
Parking Permits.
Martin Sidor, Chairman
Southold Town Planning Board
53095 Main Road
Post Office Box 1179
Southold, New York 11971
Dear Mr. Sidor:
The Southold Town Board at their regular meeting on May 18, 2010 adopted the above
resolutions. Certified copies of same are enclosed.
Please prepare an official report defining the Planning Commissions recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law has also been sent to the Suffolk County Department of Planning for their
review. The date and time for the public hearing is Tuesday, June 15, 2010 at 7:32PM Should
you have any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures
cc: Town Board
Town Attorney
ELIZABETH A. NEVILLE, RMC, CMC
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
TOW~H ~,(l~lil~IO LD
Re: Resolutions 2010-380 & 2010-381 regarding
proposed Local Law in relation to Amendments to
Chapters 189 & 260 in connection with Night Fishing
Parking Permits.
Thomas A. Isles, AICP
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Isles:
The Southold Town Board at their regular meeting on May 18, 2010 adopted the above
resolutions. Certified copies of same are enclosed.
Please prepare an official report defining the Planning Commissions recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law has also been sent to the Southold Town Planning Board for their review.
The date and time for the public heating is Tuesday, June 15, 2010 at 7:32PM Should you have
any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
ElizaBeth A Neville
Southold Town Clerk
Enclosures
co: Town Board
Town Attorney
RESOLUTION 2010-380
ADOPTED
DOC ID: 5919
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-380 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 18, 2010:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 18th day of May, 2010, a Local Law entitled "A Local Law in
relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking
Permits.
RESOLVED that the Town Board o£the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
15th day of June, 2010 at 7:32 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 Amendments to Chapters 189
and 260 in connection with Night Fishing Parking Permits" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in
connection with Night Fishing Parking Permits".
BE IT ENACTED by the Town Board of the Town of Sonthold as £ollows:
I. Purpose.
To create an exception to parking restrictions for fishermen and shell fishermen that are
residents, guests of residents or nonresidents of the Town allowing parking access to beaches,
creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a proper
permit and to relocate the applicable provision for parking at beaches from the Vehicle and
Traffic Code (Chapter 260) to the Parking Code (Chapter 189).
II. Chapter 189 of the Code of the Town of Sonthold is hereby amended as £ollows:
§ 189-2. Designation of parking areas requiring permits.
A. The following beach parking areas are hereby designated as Town of Southold "Parking
by Southold Town Permit Only" areas:
Subparagraphs (1) through (7) - text remains the same.
B. Text remains the same.'
Resolution 2010-380
C.
D.
E.
F.
G.
Board Meeting of May 18, 2010
Text remains the same.
Text remains the same.
Text remains the same.
Text remains the same.
The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m.
in all of the beach parking areas designated in §189-2A.
§ 189-3. Parking permits.
Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article
shall be issued as follows:
B.
C.
D.
E.
F.
G.
Text remains the
Text remains the
Text remains the
Text remains the
sanle.
same.
same.
same.
Text remains the same.
Text remains the same.
Night fishing parking 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
§189-2G is hereby created: [Added 6-8-1999 by L.L. No. 4-1999]
(1)
Night fishing parking 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 a lessee lease parking permit.
(2)
Non-resident night fishing parking permit. A weekly night fishing parking permit
may be issued by the Town Clerk or a person designated by the Town Clerk to
any individual holding a nonresident seasonal beach parking permit or to a guest
of any person holding a valid resident or lessee parking permit, however, guest
permits may only be issued to the holder of a resident or lessee permit upon
application and certification duly executed by the resident or lessee clarifying the
individual's guest status and providing a valid license plate number and payment
of the fee prescribed by resolution of the Southold Town Board.
Updated: 5/18/2010 1:48 PM by Linda Cooper Page 2
Resolution 2010-380 Board Meeting of May 18, 2010
(3) Any motor vehicle having a night fishing parking permit shall be deemed not to
be in violation of § 189-2G or § 189-3G and where both the ni~t fishing permit
and the resident or lease parking permit are properly displayed.
(4) 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 §189-
2G and §189-3G, the occupants of the vehicle must have fishing
equipment and be actively engaged in fishing. 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 resident or lessee permits.
(c)
Duration of permits. All annual night fishing permits provided for in this
section shall expire on December 31 of the year issued.
(5)
Other regulations. Persons using parking areas pursuant to the provisions of this
section shall comply with all other laws, ordinances, rules, regulations and
restrictions thereto.
III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows:
§ 260-9. Parking prohibited during certain hours.
[Text remains the same.]
Updated: 5/18/2010 1:48 PM by Linda Cooper Page 3
Resolution 2010-380
Board Meeting of May 18, 2010
IV. 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.
V'. 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
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Updated: 5/18/2010 1:48 PM by Linda Cooper Page 4
RESOLUTION 2010-381
ADOPTED
DOC ID: 5920
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-381 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 18, 2010:
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town
Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to
Chapters 189 and 260 in connection with Night Fishin?, Parking Permits" to the Southold
Town Plannlno_ Board and the Suffolk CounW. Department of Planning for their
recommendations and reports.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell