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HomeMy WebLinkAboutLL-1981 #01 LOCAL LAW'NO. 1981 A Loc31 Law to provide for the regulation and use of Recreational areas in the Town of Southold. BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended by adding a new Chapter [hereto, to be Chapter 62, to read as follows: ARTICLE I USE REGULATIONS AND RESTRICTIONS Sec. 62-1 Definitions As used in this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. RECREATIONAL AREAS - Include all parks, playgro'unds, athletic fields, boat launch- ing ramps, ali areas between the ends of highways and tidal waters, and olher recreation~il areas, including approaches, driveways, parking areas, and buildings ,and structures located thereon owned, leased or opera[ed by thc Town of Southold. SUPERINTENDENT - Shall mean the head of the Department of Public Works of the Town of Southold, who shall be in charge of all Recreational Areas. VEHICLE - Any vehicle which is or may be mounted on wheels and is or may be pro- pelled either by its own power or by another power driven vehicle to which it may be attached. The term shall include any trailer of any size, type or description. §62-2 Recreational Area Property No person in a Recreational area shall: A. Mark, deface, injure or damage any building, structure, property or equipment in or on any recreational area. Dig and/or remove sa~id or gravel or other material from a recreational area; norcut, carve, remove or otherwise damage any tree or plan~ in such areas. C. Hunt, molest, disturb, injure or kill any animal or mammal in or on any recreational area. §62-3 Bring in or dump, deposit or leave any bottles, broken glass, ashes, paper boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters or left anywhere on the recreational area grounds, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the recreational area by the person responsible for its presence and properly disposed of elsewhere. Vehicles and traffic. No person in a recreational area shall: Fail to comply with all applicable provisions of the state motor vehicle traffic laws, laws of the Town of Southold in regard to equipment and operation of vehicles. Fail to obey all traffic officers and recreational area employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the recreational area and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the Superintendent. Co Fail to observe carefully all traffic signs indicating speed, direction, caution, sto.;pping or parking and all others posted for proper control and to safeguard life and property. Ride or drive a vehicle at a rate of speed exceeding ten (10) miles per hour, except upon such roads as the Superintendent may designate by posted signs for speedier travel. Drive any vehicle on any area except the paved roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the Superintendent. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted · .instructions thereat and with the instructions of any attendant who may.be present. Fail to immediately notify an attendant of an emergency in the nature of a breakdown requiring the assistance of a tow truck, mechanic or other person. It. Fail to use a'muffler adequate to deaden the sound of the engine in a motor vehicle. I. Repair, wash, wax or perform other maintenance on his or another vehicle. -2- J. The provisions of this Chapter shall not apply to the follo~ving motor vehicles: (1) Motor vehicles of the United States of America, the State of New York, the County of Suffolk, the Town of Southold, and any agency, instrumentality or department thereof, when used on official business, or motor vehicles operated by officers or employees of Such governmental agencies when used on official business. (2) Motor vehicles commandeered for use by police officers in the performance of their duties. (3) Arnbulances or motor vehicles used as ambulances. (4) lk4otor vehicles operated by a fire department or fire district in the performance of its duty. (5) Motor vehicles used for launching and hauling boats: at public boat launching sites. §62-4 Bathing and s,wimming. No person shall: Swim, bathe or wade in any waters or waterways in or adjacent to any recreational area except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat, when such activity is prohibited by the Superintendent upon a finding that such use of the water would be dangerous or otherwise inadvisable. Such designated bathing areas shall be kept free from any form of water equipment or other floating objects or any other form of device that in the Superintendent's judgment may cause inconvenience, injury or discomfort to bathers, except if such equipment is intended for the protection of life. Frequent any waters or places designated for the purpose of swimming or bathing, or congregate, thereat, except between such hours of the day as shall be designated by the Superintendent for such purposes for each individual area. Erect, mair~tain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at lease two (2) sides; nor shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object thereof. -3- Do Dress or undress on any beach or in any vehicle, toilet room or Other place, except in such bathing houses or structures as may be provided for that purpose. §62-5 Beach activities. No person shall: Bring into or operate any boat, raft or other watercraft, whether motor-powered or not, upon any waters at places designated for bathing. Fish offshore from town-operated beaches except from such portions thereof as rnay be staked off and posted therefor, nor shall any person at any time fish in any area while bathing is permitted. ~62-6 ~62-7, Hunting and firearms. No person shall hunt, trap or pursue wildlife at any time. No person shall use firearms of any description or air rifles, spring guns, bow a~d arrows, slings or any other forrrs of weapons potentially harmful, to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into recreational areas from beyond their boundaries is, forbidden. ! Use of picnic areas. No person shall: Picnic in a place other than those places designated for that purpose by the Superintendent. Recreation area representatives shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with. any directions given to achieve this end. All organized ipicnics and outings shall first obtain a special permit from the Superintendent. Violate the regulation that use of the individual fireplaces, together with tables and benches, follows ~ generally the rule of "first come, first served, "except if it is an organized picnic and exhibits a permit duly issued by the Superintendent. Use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. -4- D. Ignite or maintain a fire on any beach or in any recreational area except in a proper, designated area and fireplaces. E. Leave a picnic area before a fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the recreational area by the picnicker, to be properly disposed of elsewhere. §62-8 Games. Bo person shall take part in or abet the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins or model airplanes, except in areas s~t apart for such forms of recreation. The playing of active s~orts or games such as football, baseball and golf is prohibited except on the fields and courts or areas provided therefor. §62-9 ]Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. Bring a dog or other domestic animst'~ into recreational areas other than automobile parking concourses and walks .immediately adjacent thereto. Nothing herein shall be construed as permitting the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than four (4) feet in length. C. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Superintendent. Fail to produce and exhibit any permit from the Superintendent which he claims to have, upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. Erect any structure, stand or platform, or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. -5- §62-10 Hours of use. Recreational areas shall be open to the public at~:.Such periods and during such · hours as shall be fixed byresolution of the town board. It shall be the duty of the Superintendent to post notices of the opening and closing hours in each recreational area. §62-1,1 Rules and regulations The Superintendent shall be authorized to otherwise set down rules and regula- tions that he may deem proper to maintain the safety and welfare of those persons using town recreational areas as defined herein. §62-12 Enforcement; penalties for offenses. The Superintendent and recreational area personnel shall, in connection with their duties imposed by law, diligently enforce the provisions of'this Chapter. The Superintendent, any recreational area personnel or members of the Southold Town Police Department have the authority to enforce and/or eject from the recreational area any person violating the provisions of this Chapter or any other provisions of law. In addition to any other penalty as provided for by law, any person or persons, association or corporation committing an offense against this Chapter or any section or provision ther eof is guilty of a violation punishable by a fine not exceeding two hundred lift? dollars ($250.) or impri~sonment for a period not exceeding .fifteen (15) days for each such offense, or by both such fine and imprisonment. The Superintendent and any recreational area personnel shall have the authority to seize and confiscate any property, thing or device in the recreational area or used in violation of this Chapter. §62-13 This Local Law shall take effect -6- PUBLIC HEARING .... i PROPOSED LOCAL LA~ TO PROVIDE FOR THE REGULATION AND USE OF RECREATIONAL A~EAS - IN THE TONN DF SOUTHOLD A public hearing mas held by the Tomn Board of the Tomn of Southold at the Southold T.omn Hall, main Road, Southold, New York, on December 2, 1980 at 8:15 o'Clook P.m. in.the matter of the proposed Local Law, entitled "A Local Lam to Provide for the Regulation and Use of Recreational Areas in the ToWnof Southcld". PRESENT ~ERE: Supervisor ~illiam R. Pall III Councilman Henry )U. Drum Councilman John J. Nickles Councilman Lawrence ~urdock Councilman George Sullivan Town Clerk Judith T. Tsrry Tomn Attorney Robert ~. Tasker ABSENT: Justice Francis T. Doyen SUPERVISOR PELL: Hearing mill be called to order on the propmsed Local Law. Councilman Nickles mill ~ead the notice. COUNCILMAN NICKLES: LEGAL NOTICE NOTICE OF PUELIC HEARING ON LOCAL LA~ PUBLIC NOTICE is hereby given that the~e has been p~esented to the Tomn Board of the Tomn of Southold, Suffolk County~ Nam York, on the 6th day of November, 1980, a.Local Lam, entitled, "A Local Law to P~ovide for the Regulation and Use of Recreational Areas in the Tomn of Southold". Said Local Lam provides for the protection of proeerty in ~ec~sational areas and orohibits the dumping therein~ regulates the use and operation of vehicles in recreational a~eas; regulates bathing, saimming, fishing, and hunting in recreational areas; regulates picnicing, behavioral conduct in recreational areas; provides that the head of the Department of Public t~orks shall be in charge of all recreational areas and authorizes such person to promul- gate rules and regulations for the orderly use o? recreational areas and provides that such person shall enforce said Local Lam and all ~ules and regulations promulgated thereunder. Copies of said Local Law are available at the office of the Teen Olerk to any interested persons during business hours. NOTICE IS FURTHER GIVEN that the Tomn 8oard of the Tomn of Seuthold will hold a public hearin9' on the aforesaid Local Law at the Southold Tomn Hail, main Road, Southold, Nas Yo~k, on the 2nd day of Decembe~ ~ lgBO, at 8:15 o'clock P.~., at mhich time all inte~estsd persons mill be heard. DATED: Novembe~ 6, 1980 JUD[TR T. TERRY TO~N CLERK TO~N OF SOUTHOLO PUBLIC HEARING LOCAL LAW ~ RECREATIONAL AREAS -2- COUNC)LMAN NiCKLES: I have notice from Joan Gustavson from the Suffolk Times'that this mas published according to reguiations. AIso, from Patricia ~ood of the L.I. Travaier. Also, an affidavit from Judith T. Terry, Tomn Cierk that it. mas posted on her bulletin board. (Councilman Drum and Tomn Clerk Terry brought to attention. a letter in the file.) SUPERVISOR PELL: All right. On this, Councilman Drum just brbught up, me can br£ng it up later. I have a letter from the West Mattituck Beach Association recommending certain changes in it, in the proposed regulations, I have letters with 18 signatures from people throughout the Tomn submitted to the Tomn Board today in favor of the proposed ordinance. ! have 18 here in favor of it. Jdhn, do you have anything else? ' COUNCILMAN NICKLES: ~e have a 'letter from Mr. & Mrs. Oscar Schlosmwritten to the Supervisor. "Dear Mr. Pell: ~e are very concerned about 'the inappropriate uae of dune buggies on the local beaches and the disturbance that it causes to the peacefulness of residential and birding a~eas'. We, therefore, call upon yew and OUr Tomn Council to do all possible to enact a Tomn ordinance providing a specified area for ~ecreational use of these vehicles and restricting the use of our beaches from such disturbances. .Since business call's~, us out of town today, me hope that this letter ~mill serve as ou~ request for this regulation, Many thanks. 'Cordially, Oscari& Elizabeth Schloss, Paradise Point Road, Southold. SUPERVISOR PELL: ~e have these communications that mill be put on file as ~art of this hearing tonight. At this time, I mould like to ask if anybody mishes to be heard [n o~p,osition ~o the p~roposed recreational amendment beach recreational lam~°r our Tomn of Southold? Opposition? Opposed to? (There sas no response.) SUPERVISOR PELL: Anybody mish to speak in favor of the recreational? DON ~ITSCHIEBEN, PRES. WEST MATTITUC.K BEACH ASSOCIATION: I think I mould like to read this letter. "The West ~atti.tuck Beach Assooiation supports the proposed local lam.dealing mith the regulation and use of Recreational Areas in the Tomn~ef Southold as a step foreard in local lam'enforcement. Ho$ever, if this lam is to be effective, there appears to be other important areas ~hich should be included. Article I "Use Regulations and Restrictions" defines Recreational Areas as "all parks, playgrounds., etc. omned, leased or operated by the Tomn of Southold". The next paragraph defines "Superintendent" as the head of the Department of Public Works. These definitions , and the mention of"Superintendent" in the lam, appears to indicate it does not apply to the'large areas operated by the independent Park Districts. If the lam is not intended to ~pply to the independent Park Districts, this omission mill have the undesirable effect.of creating places for the unrestricted use of these vehicles. In this regard, the Mettituck Park Oistrict, on the Sound, is criss-crossed mith race,aye mh~ch ~lreedy have destroyed much of the beach 9romth and 'bird nesting environments. Similarly, -3- PUBLIC HEARING ~ LOCAL LAW - RECREATIONAL ARE,AS December 2, 1960 near-by beaches are being used as roads and raceways, resulting in damage to protective beach areas, trespassing on private property, distu.rbin9 the peace (roaring motors and headlights on houses late at night) and', occasionally, even endangering people and, most seriously, children at play on the beach. Accordingly, in order to make the law properly effective, ws request the following modifications be made~ Article I, Sec. 82-1 -Definitions RecreatiOnal.:A.reas - 8et~een the ~ords "driveways" and "parking" insert ' roads adjoinin~ or leading to To~n Property 8each Areas". At the end of this.paragraph after "To~n Of So'w~hold" add - "and includes eli Par'~s operated .b~. Par.k.Dietricts ~ithin the To~n-~o 5outh old". Sec. 62-3 Vehicles and Traffic Change the first sentence to read - "No person in a recreational or beach area within the Town of Southold shall". Thank you for your consideration of these matters, Very truly you=s, ~est ~attituck Beach Association - D.G. ~ltschieben, Pres. Nick Cyprus, Vice pres., George Johnnides, Secy. ~R. WITSCHIEBEN: Let me, if I may, read from the la~. Under Article I, under Recreational ~r'eas, Section 62-1 -Definitions: includes ali.parks,playgrounds, athletic fields, boat launching ~amps, and other recreational areas, including approaches, driveways, parking, etc. No~, we suggest after "and other recreational a~eas" that you insert~oads adjoining or leading to town. proeerty and beach areas". I'd like to describe that one. In our area, at the foot of Inlet Drive, the property owned by the town, they drive those points right toward the beach. And on Sound 8each Drive, which runs oaralell to the beach, but at the end of the road turns into the beech, both those areas are omned by the town. At the and of Sound Beach Drive, from east going across town mroperty, the protective area is continually destroyed end the public work~ depa~tmentis up there always repairing the ~oad and putting blocks in the way east. No~, Imm sure, if they keep running across there, if · thsre a couple of tickets and fines, it ~ould soon stop. ~e recommend that that be applied to othe~ areas in Sout~old similarly situated. the end of that paragraph,'~here it says "and buildings and structures~ located thereon, omned, leased o~ operated by the Town of Southold", and ~e would like to include or add "includes all parks'operated by mark districts within the Tomn of Southold". We think.that if it is important to have this law in any park, it should apply tm ali parks, and if this la~ is put into effect, it would strengthen the hands of the independent park districts. They, in ~ddition to having the trespassing thing, can fall upon this, and ~eally, afte~ ~ or ~ tickets or fines, it We think that this should ba considered and we ~eques't the Town to 9i~e serious consideration to that change~ ~-Then on 52=~, that's on page two, headed "vehicles and traffic", ~e request that this be added, now reads "no person in a .~ecreational area shall", us suggest it be changed to this "no parson in a recreational or beach area within the Town of Southold shall". This would,very beneficially to ~he To~n as a ~hole, no matter ~here that might apply to. We suggest that ~hile this law is being considered that thos~ changes be incorporated. ~e ~ould be very grateful if they were considered. Thank you. PUBLIC HEARING LOCAL LAW - RECREATIONAL AREAS December 2, 1980 SUPERVISOR PELL: Thank you very much. I want to emphasize that this is a public hearing to get input such as you have just given us and we mii1 take it under consideration before we 'adopt any such proposed local law. Your letter was discussed this morning at toUn board level. T passed it out to the .~own board, ! like you coming here tonight and cierIfying some of the'remerks you Just made. Thank you very much. mR. i~ITSCHIEB~N: I'd just like to gtve you this. This is only to demonstrate the point, me are not picking on any particular area. But in this one public park area this is ~'hat happens, mhen there is nobody around they are shooting all over that place, and than you can see where they have access to the beach. 8ut if they had the las, even if the park dist~ic.t wasn't there, the ne~9hbors could call the police and have it stopped. Thank you. SUPERVISOR PELL: Thank you very much. Does enybody else wish to speak in ~avor of the recreational? . GENE HEACOCK: my name is Gene Heacock. I live down in Cedar Beach in the 8ayviem Section in SoutheId. ~e have had there with the beach buggies going up and down ~ndi o~ar the smslI duns areas. They are stilI permitted to, eith a fou~-~heei bshicle, to go domn and go around the barriers that are the~e and I mant to speak in favo~ of this ordinance. I think it is a good one and I think se should really enact on it. SUPERVISOR PELL: Thank you. Yes? HEL~A ~ICHELLE: Imm Helga Michelle. I live in $outhold, also, on Cedar Beach. Hoe $ill this effect Cedar Beach? which is a county perk? Will this cover also that Cedar Beech park? SUPERVISOR!;'PELL: ~--~Fe~ this local lam is to cover any park. .mattituck Park, Southold Pare District, or mhatever, the park commissioners would have to hoId .a public'hearing on this, just as we ars doing 'here tonight and adopt it as part of the perk district regulations. At which time then the local colics could enforce it. But they must go through the same procedure se a~e going throu9h right now. For them, the county ! mould presume, t do not know, counsel is here, the county would hove to do the same likemise. TOWN ATTORNEY ROBERT ~. TASKER: The County already has laws regulating all their ~arks. HELGA MICHELLE: Not as far as Cedar Beach is' concerned. The county park commissioner said, and. we have it on paper, that Cedar Beach Park is too far removed from his desk for him to be concerned about. Subsequently, t~o years ago se have a series of meebings en Cedar 8each end things have improved ~adically. The tern nests sere protected. ~e have en osprey tower. A barrier was erected. The barrier was really not adequate, but ms were grateful for whet me 9et. But things did imporve greatly. Part of that barrier has now bean knocked do~n. I recently wrote to Ray Dean to remind him that Cedar 8each is there. He removed the fence eround the tern nest, but he did not restore the wooden pa ~ of that Oae~ie~. On Saturday, Sunday PUBLIC HEARING LOCAL LAW - ' ..... RECREATIONAL AREAS afternoon, I aalk that beach almost daily. We aero domn there and the latest thing seems to be older trucks, panel size, and they go down the beech and they race back.at a seeed, .! don't knee ahat it is. Why those t~ucks den"t overturn. One day they ~ili. With about 6 o~ B kids on the back ~acin9 lika crazy. ! am Interested in the ecology, but, most importantly, I am inte~ested in people. Anybody ~alking on that beach .while those kids a~e racing in thess trucks is a goner if he steps'in tbs ~ay. ~f thoSe trucks overturn ~e are going to ~have a major tragedy. So, it's not just. the birds and the bees end.ai'~ this, it's also th'e peopls~ Somethi,ng really has to be done do'~n t.he~s. The las'% thing I want to say ~s th!at ~hen I called th.e~peliee deper'itment about some'~h~ng goi~n§ on 'Cedar 8each, I de'.nOt ~a.nt to be ~reated like the t~espasse~o!~..the ¢~iminal. I don?i!~ ~ant to hays to give him ~y mothers maiden .name, long dead. ~ ~a~i~ him te 9o doan Cedar Beach' and see ~hat the'.oroblsm is. I am not a °i~a~k~ I lam 'i~s~e's'~ed in this ~t~an, I'f you ilo~e you~ beaches, you los~'!YoU~ teen. Yo~ 'lplse a 9r.ea!t db~i, ecOnomical'ly, o ially, every ~a~sble aay. t e.obild apprecisa~te .scything an¥1body can possibly do !t~eep ca~s, bu99i.e~, cem~e~, an!~thing Off the beaches. Thahk SUPERVISOR. PELL: Anybo.dy else? ~ICHA£L REEVE,: I'm ~iehael ~eese. I 'live in Southold on Ho~t'°n"s'Point. ~nd much of ahat everyone has described ~ith respect to conditions of the beaches, we have been 9oin9 through for Several yea~s. ! have be~n cu~sed on the beach by a ~V. ! have been threatened and ha. rs gone do~ and seen ~hat~as~the bea~as smooth as this rug full of ~uts, not justLruts, these a'~e'very t~r~!~'bly b~OU9ht up to the foot of the bluff aher~, the 9~oath starts. A nei9hbor or ours, the first neightbor to the'~ast, who isn't he~e, ~. Lindemsyer, ha~ he not stepped aside he ~Would have been run down by an RV. This 9oas on all the time doan thence. And, consequently, it must be very obvious that ae a~e very much in favo~ of this legislation. ~e thank you for your interest. SUPERVISOR PELL: Thank you for you:s. Oo~s anybody else eish to speak in favo~ of this? EO SCHWINN, PECONIC: We're just to the most of Goldsmith's Inlst on.the sound beach there. I can't add very much to everything that everybody else has said. We ere definitely in fave~ of it down there. We have the same p~oblems that have been mentioned here, not .quite aa severely, but aa have had it, most definitely. We a~e definitely in favo~ it'. The ahole area doan the~e .is. NICK CYPRUS: My name is Nick Cyprus. I am a resident in Sattituck. Indeed, I am in favo~ of this legislation. Hoeever, I' aaa a little bit disturbed $hen you mentioned a while a9o that this has to be a~prOved by the various ~a~k commissions? SUPERVISOR PELL: Yes. This has ~o be aoproved by any pa~k district in SouthOld Teen ahich $ou!d lake to ~dopt this las, if se adopt it. ~e must adopt it first... -6- PUBLIC HEARING LB~AL LAW - RECREATIONAL AR£AS Decembe~ 2~ lg80 TOWN ATTORNEY T~SK[R: That's not correct, They are a separate independent municioality, if you will. They have the authority to make their lams. We, the Townof Southold, independently of t'hem, .have the authority to make our laws. Our lame do not apply to their areas. H'omever, if they do pass their local laws o'r regulations or whatever you want to call them, they can be neforc'ed by our town police. But, we cannot make lams a'pplicable to their'areas. MR. NICK CYPRUS: In other mords, what you are saying to us nos is that if you do pass this law, they also must accept it .... ~. TASK~R: No. They can ~ass any la~ they wish. m ~R. CYPRUS: If they don't ~ish to pass it, then it's no good... m This Ia~ ~ill not apply to their areas. ~R. TASKER: ~R. CYPRUS: unless they ".. In other words, me are right mhere me started before, pass it? SUPERVISOR PELL: The park district, each park district in Southold Town has the power...This law mill only apply to town areas. It w~ll not apply to independent pe~k districts. They must adopt ~heir ~R. CYPRUS: I understand that. Is there possible legislation or anything at all to make the ~attituck Park Commission o~ the various commissions adopt such laws? SUPERVISOR PELL: Yes. There is. You people there'. Go see your elected pa~k commissioners. We have one in the back of the room that is listening.to ali this tonight. ~. ~itschieben; Can ! make one request? That the town consider the possibility of recommending to the park districts that they do the same lam in order to make the o~eration uniform? SUP~RV!SOR PELL: ! think this will be...once me do adopt it... We had a meeting last spring. Me had all the par~ district presidents in. They met with John and he merit over the vm~iaue problems they had and tried to get some sort of uniform between all of the town and them to see what the problems mere. Once this town board does adopt some sort oK recreational ordinance, then I mill again bring the tomn park presidents in and sit down with them and explain Mow we, the town board are going to have our town beaches or recreational a~eas enforced. Then it is up to each pa~k district to go their omn may. But we mill bring them in and tell them what we are doing on our level. ~R. PFEFF~R, Pres. West Creek Property Owners Assoc.: As president of the ~est Creek Property Owners Association, I will like ~o put our association on record as being strongly in favor of this legislation because the improving of the character of one area of Southold helps us even though we haven't got a particular beach. SUP~VI'SOR PELL: Thank you. Anyone else wish to speak in favor of, ~r. Schwinn? ~R. ~O SCHWINN: Yes, just one more question Rill. I'm sorry to admit that ! didn't see the ordinance, but I haven't had mheels and I PUBLIC HEARINO .... ' LOCAL LA~ - R£CR'EATiBNAL AREAS -?- Decembe~ 2, 1980 wasn't able to get in town. But, are they going to distinguish in any way between recreational vehicles and say trucks, or anything else? In other words, if it'is not a dune buggy,.would he have the privilege of coming down and saying he is a fisherman or say he is just. Out for a Sunday drive or something? SU'~ERVIsoR PELL: Councilman Nicklee will answer that. COUNCILMAN NiCKLES: Under the Section 62-1 definition is any vehicle which is or may bm mounted on wheels and is or may be propelled either by its own power or by any po~er driven vehicle to which it may be attached. Term shall include any trailer of any size, type, or description. ~R. SCHWINN: That would p~obably cove~ most anything. COUNCILMAN NICKLES: It cove~s everything. SUPERVISOR PELL: All ~ight. Does anybody else ~ish to speak in favor of? RAY'THRU~, Saltaire Way, Mattituck: Me use the public beach down at the. end of Bailey 8each Road. Point of information, if ~ may? Guard rails a~e put up for what purpose? SUPERVISOR PELL: To indicate the end of the line. MR. THUR~ '~It has nothing to do with the restriction of vehicles going ~o~n on the beach? SUPERVISOR PELL: Yes. At times, sure. MR. THUR~: No, I em saying, are they not put up for that purpose though? to restrict vehicles from going down to the beach or ere they, or is that part of their purpose? SUPERVISOR PELL: Yes, that's part of thei~ puroose. MR. THUR~: All right, before I came here tonight I checked the beach. The~e is, the~e has been for some ~eeks no~, a sectionof that guard rail ~hich is down and recent tracks have shown that a four-wheel drive or dune buggy or ~hat hays you has been down there. Now, during this past summer, two or three times, my family and I have been on the beach and ~e have had to pull the children back from the water line because of these dune buggies ~acin9 up and down. That's one thing, but as somebody else also pointed out then they start going up and down the dunes and let's face it, some kids playing in there by dusk or something like that, it ~ouldn't take much to run over them. So, I am defini~el~ in favor of this. SUPERVISOR PELL: Councilman Drum brought that situation up to the Town Board and Superintendent Dean this morning during our ~orking ~ssion of the board and the Superintendent is going to get that fence put right back up. That ~as discussed at length ~ith Councilman Drum. PUBLIC HEARING " i LOCAL LAI~ - RECREATIONAL AREAS -18- Cember 2, 1980 SUPERVISOR PELL: Anybody else ~ish to s=eak in favor o?? FRANK MURPHY: I am a member of the ~.attituck Commission. I think I can speak for probably every park commission in Southold. Our problems are probably compounded more than Southold Tosn's are. Together we ali hays many more beaches. One of the biggest things, and it sas brought up at the tosn board meeting today. This law is really going to have to be changed so that the ends of roads are Covered in this. This i.s where'most of the access is coming to the beaches. It is not through private property, it's not through park district proPer.ty shich basicaIIy is private it belongs to the. peopIe in that area, these can be closed off. But, if me can't ControI the ends of roads end the access to these beaches .and put some kind o¢ fences up and establish this fence. And, we mere d~ecussing, the town board ~as disc:Ussin9 this mo~nin9 about chan'~gidg this las to include this in end it is a very necessary thing. ~e think ~e are getting e nice las, but they are s'.till loop holes wh~re a 10t of people are going to We yeIlin9 bec.aOse this isn't: d~ne. This has got to be done. I can assure e~eryOne here tha't eW~y park district is interested ss the t'omn board is in keeping .the 5eaches safe and clean and in a better condition. A it~emendeus am.oufi~ of dam'age is being done and it is costing the t.a~payers 'a t"~emlendous amount of money. ~e don't like it anymore than you do. Thank you. SUPERVISOR PELL: Thank you, Frank. As I said before, me have our hearing tonight and me will take into consideration everything everybody has said. Does anybody else wish to speak in favor of the proposed local Iai? (There ~as no response.) SUPERVISOR PELL: Ooes anybody wish to be heard at ali? COUNCILMAN NICKLES: I'd just lika to follow up on ~rs. ~ichellea question.which I don't think that sHe...the Town Attorney had an opportunity to answer. But I repose the question to the Town Attorney, ho$ does it affect Cedar Beach? Now, under recreational areas, it says "to include all parks, playgrounds, athletic fields, boat launching ramps, etc." it gets dosn to "buildings, structures located thereon owned, leased, or operated by the Town o? Southold. In the cass that the Cedar Beach Park over ths~e, that is owned by Suffolk County, and to some extent we have a little charge of that .... TO~N ATTORNEY TASKER: Yes, we do. ~e have an agreement with the county. (Question betseen board members as to whether it is a lease or agreement.) MR. TASKER: Well, you can call it a lease or agreement. A lease is an agreement. But in this lease and/or agreement it is the Town's responsibility to enforce the county laws applicable to their park and that means Cedar Beach. So that is why I answered the way I did. That although the Townof Southold's law may not apply to the county owned park a~ Cedar Beaqb, t cunt own d osn responsibility to enforce ~. ~d ~ ma~e mY~e'~ark~', ciearyde~ega~s its' PUBLIC HEARING LOCAL LA~ - RECREATIONAL AREAS -8- December 2, 1980 MR. THUR~: Who should be called? 8ecauee this is not the first time. This. happens periodicaiiy. This' is not the .f£rst time it is down. This happens to be the right section. We have seen the left section down many times and it is just, you knom... SUPERVISOR PELL: I would like you to cell my office. I am sort..o?-keeping tract and I mould like you to call my office and I will contact ~r. Dean. I will call Mr. Dean, Superintendent of Highmays directly end he mill inform me. Between the two of us, me like to keep tract of these things mhe~e they ars 9Ping down. One of the reasons is, we like to, if we have a series of them 9Ping down, then me notify the police department, tell them to keep their eye on this one a little bit more than some$her.e else. COUNCILMAN ORU~: Of course, you realize that going past ~he 8Dy Scount Camp, that we cannot touch. That is park district property, not to~n property. ~R. THUR~: Well, unfortunately, they, dune buggies don't care ehether it is this pa~t of that part, they go up and down the mhole thing... COUNCILMAN DRU~: I mean going domn that ..... ~R. THURM: ! understand shat you are saying, but ! am talking about the public beach itself. They go up and down the mhola thing. SUPERVISOR PELL: Does anybody else? M~. Henry Lytle. HENRY LYTLE, Peconic: For the Southold-Peconic Civic Association, we ars ve~.y much, naturally in favor of .this ordinance , in general. ~hile we have counsel, I would like to ask one question, though. The Goldsmith Inlet Park, originally had a road access down there before the county bought it. The~e is people that go down there in RV's o~ four-wheel drive and-get domn to the eaterfront, the beach areas through that road, legally or not, they are not supposed to go down there, but the ranger isn't up there very often, and when they do get domn there, then they a~e on the beach willy=hilly. Is there'any way that can be controlled? Because I have had, they mould say, well me called the police, end the police will say, well.we can't do anything 'about it~ you have to get somebody else. New, there isa bulkhead and ~r. Bittnerms p~operty mhich prevents them from going much further, but we have it there, not constantly, but very often du~ing the summe~ time. They get through that area and come down the beech, the county SUPERVISOR PELL: The only thing I can sey to yoU. The county had a prbblem in Greenpoct on a certain area and I cslled Mr. Chester, Commissione~, within a seek they had a fence up there. It's right across from KOA where you see a yellow pipe put up. People were going up there dumping scallop sheiIs and ~r. Chester was more than obiiging to come. down and put a barrier up. ~R. LYTLE: I'll check on it again sometime soon. But they had thought they had gotten around it by dumping a ioad of raiiroad ties down there Iaet spring in the road, but, you kno~, four-shoal drive vehicles. Somebody could go down there and cut through the b~ush and PUBLIC 'HEARING .' J LOCAL LAbi - RECREATIONAL AREA5 December 2, 1980 they can 90 around ali those kind of things one way ar another. SUPERVISOR PELL: Let me knee where it is and maybe I can get Commissioner Chester to work on it. Anybody el~e wish to speak in favor of it? BILL CRICONIS, Southold: I am generally in favor of the lams D~oDosed. ! have one' question for counseI.. ~iII the teen be involved in any DrobIem with the higheater mark or differentation between the creek bottoms 'and L.I. Sound bottoms? I've been up and watched these kids and they say leek ee can go damn below on'the higheater mock'and no one can touch us. ~iiI this be covered in this? TO~N ATTORNEY TASKER: ~ell, what we are reaIly talking aboUt here is teen omned recreational areas. MR. CRICON~S: So, actually they can go to the dead end? ~R. TASKER: ~hen you ge d. oen beioe the ordinary highwater mark then you a=e on state owned p=ope~ty. At Ieast in the bay and the sound. MR. ~ITSCHIEBEN: Excuse me on that point, because I think this is important. I understand, with regard to below the highwater ma~k, the stats mill delegate the authority to the town to supervise it, to enfo=ce the law. Certainly, the state doesn't want this ha~eenin9 either. I hope that the teen will look into this thing and would find that the state would delegate that enforcement responsibility and be happy to do it. SUPERVISOR PELL: I will look into that and find out. ~ICHAEL REESE: ~ith respect to the higheate~ mark. The people ~ho live between the lighthouse or the end of the lighthouse at Horton's Point and the teen beech of Hortons Beach, ~e have all gone together end hired Rod Van Tuyl to coma domn the~e and establish the mean highwater mark. He is in the process of doing it nee. It won't be long until ee knee sxactly where that ma~k is. So, if some eisa guy says, "well I'm below high tide, I'm O.K.", I'll be in a position to say, "you'~e not below high tide buster, beat it". will have this info~mation in a legal document very shortly. ~nyone else could get the same because he is using the U.S. Coastal Ceodetic Survey's basic mark as his beginning mark. ~R. NICK CYPRUS: In addition to the low eaten'mark for a four= wheei d~ive o~ any vehicIe to go to the eater mark must c~iss-c~oss the highwater mark, so they a=e trespassing, co=tact? And, therefore, the town, you've got t~espassin9, it should be sufficient, if it goes through, of cou~seo To go the~e and get them on trespassing, regard- less, of they happen to go below that? SUPERVISOR PELL: This is one the points we discussed today at teen boa=d, ou~ working session. This very point you just brought up now. We did discuss this. As I said before, this is a public hearing to get your inout, but ee did discuss this point. Several people brought up a lot of ooints we did discuss today. ~hile some of them b~OOght up some ee didn't. As ! said this is a public hearing. -11- PUBLIC HEARING '~--='rT LOCAL LA~ - ~.~-~ R£CR'EATIONAL AREA5 DeCambe; 2,'1980 Then in addition to park district beaches, tosn beaches, and county beaches, ~e have state parks ~hich have their omn lass. And ee have a Villa9e ~hich has' its' osn lass. So that-=~'each municipal organization has its omn lams shich, of course, are all enforced by the law enforce- ment officers. suPERvISOR PELLm Thank you. Anybody else ~ish tO be heard on this proposed local law at all? (There ~Jas no response.) SUPERVISOR PELL: If not, ~ eill decla~s the hearing closed. Hearin9 closed at g:oo P.~. IRespect?ully submitted, Betty Negill~ ~eputy Town Clerk MINUTES OF PUBLIC HEARING HELD JANUARY 27, 1981 LOCAL LAW - "RECREATIONAL AREAS" A public hearing was held by the. Southold Town Board at the Southold Town Hall, Main Road, Southold, New York on Tuesday, January 27, 1981 at 3:34 o'clock p..m. concerning a proposed Local Law entitled, "A Local Law to Provide for the Regulation.and Use of Recreational Areas in the Town of Southold." Present were: Supervisor William R. Pell, III Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Justice Francis T. Doyen Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR PELL opened the hearing at 3:34 o'clock p.m. and COUNCILMAN NICKLES read the legal notice of hearing as follows: ...PUBLIC NOTICE is hereby given that there .has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of December, 1980 a Local Law entitled, "A Local Law to Provide for the Regulation and Use of Recreational Areas in the Town of Southold." Said Local Law provides for the protection of property in recreational areas and pro- hibits ~he dumping therein; regulates the use and operation of vehicles in recreational areas; regulates bathing, swimming, fishing, and hunting in recreational areas; regulates picnicing, behavioral conduct in recreational areas; provides that the head of the Department of Public Works will be in charge of all recreational areas and authorizes such person to pro- mulgate rules and regulations for the orderly use of recreational areas and provides that such person shall enforce said Local Law and all rules and regulations promulgated thereunder. Copies of said Local Law are available at the office of the Town Clerk to any interested persons during business hours .... COUNCILMAN NICKLES (continued): We have notice this has been posted on the Town Clerk Bulletin Board. Also in here we have Page 2 Public Hearing January 27, 1981 Southold Town Board proof of publication in the Suffolk Times and Long Island Traveler. That is it, Mr. Supervisor. SUPERVISOR PELL: You have heard the Notice of proposed Local Law. At this time I will ask if there is anybody that wishes to speak in opposition? (None) Any wishing to speak in favor? MICHAEL RIESE: I live right on the beach up there, west, east of the beach on Horton's Lane. I wouldn't know where to begin to describe the experience of living on that beach with anybody able to get on there. · One of my neighbors was threatened with an RV. They literally drove at him, he had to jump out of the way. We've been down there many and many a day during a car beach run after fishermen and who else~gets through. My wife has been cursed at. I've been threatened. And this is only the three of us sitting here. This is true all the way down the line. Obviously we're very much in favor of this law in this Town. We pay sizable taxes for that stretch of beach up there. SUPERVISOR PELL: Thank you very much. Does anybody else wish to speak in favor of the proposed Local Law? COUNCILMAN MURPHY: Bill, I'd like to say something. In answer to that, also just to go a little bit further on what the law is, a lot of beaches here in Southold Town are owned by local beach districts--park districts--and so this law only covers the Town property. Now what has to be done, the individual park district, and you want to go to the individual park district and petition them to adopt the same local law. It's a very easy thing for them to do--no where near as complicated as the Town. But it's very east for them to do this. And this will give us~a little more~clout. SUPERVISOR PELL: Thank you. MR. RIESE: If I may say one more word in relation to that. Our beach is composed of strips of private property, hundred foot frontage all along the beach. And we have nothing to do with the park district at all. The reason we're in favor of this law is because we feel that it will give the Police Department some clout, to help us remove some objectionable people. So far the police haven't been able to do much because they haven't had a leg to stand on. Now we think they will. SUPERVISOR PELL: Thank you. Does anybody else wish to_~]speak in favor of the proposed local law? HENRY LYTLE: Speaking for the Southold-Peconic Civic Association, we want it being on record as being in favor of this ordinance. SUPERVISOR PELL: Thank you, Mr. Lytle. Anybody else wish to speak in favor of the proposed local law? Yes, ma'am? Your name, please. Page 3 Public Hearing January 27, 1981 Southold Town Board IRENE LINDERMAYER: All of our neighbors are i'n complete agree- ment with us:when~they~9'peak to you, most of them live in New York City, they could have come on a Friday or Saturday. But we speak for them and we could get signatures if necessary. 'We're all in agreement. SUPERVISOR PELL: Thank you. Anybody else wishing to be heard in favor of the proposed Local Law? If not, I--will ask if there is anybody in opposition to the proposed Local Law? (None). Does anybody wish to be heard at all on the proposed law? Any comments at all? If not, I will declare the hearing closed and re-open the Town Board meeting. The hearing was declared closed at 3:39 o'clock p.m. Respectfully submitted, Linda F. Kowalski LEGAL NOTICE - PUBLIC HEARING ON LOCAL LAW ' PUBLIC NoHcE iS : gi'.~'n that there iiI .presented to the Town Board :of the Towfi %f So0thold,' ~7 'Suffolk County, New YorE, on ~ the 3~h day of Decemb;r :::[ ~ ~980. a Local Law, entiti~:a; :k~"A~ [ocal Lau' to Provide for ~"~i,~:. t~e aegulation a~ Use O~ .... Recreational Areas m the t?.,Town of Southold." Said ~cal i~' tection of pmpe~y in re~rea- ~,... t~onal areas and prohtb~ts. ~e ~[~'dumping therein; regulates '], ..:[' '~he use and operation 0~'", regulates ~bathiug. fishMg, and hunting. creadon~l dry'as: rca~al~ p n~,~ ng beha~ ara o~nduct in ,[~; ~ec~at~onal '. areas; provMes ~l~` ~at ~he h~ad of the .~; ..merit of Pubhc Works will be . ~i': ': m charge of all recreational person m promulgate roles '~ and regulations ~r the orderly :.. ase of recreational areas and. provides that such person shall ' enforce said Local Law~d al!: ,, rules and -mulgated thereunder Cop~e$ o[ said to~l [aware a~adable at ~he o~ce ';, 'T~wn Clerk to any intere~ed f~:,:';.perstns 'durMg , busMess. [~: '.: NOTICE' IS. FURTHER' ~;?::~ G~Nthat.the Town Board 6f: i~i,' :,~, Town of Southold w~l hold :y;;? ':a puBfic being on .the afore- [;~" ~id ~e~ Law at the S0mh- ~ old Town Hall MaM Road :::~,~ So~thold, New. York on the [i~:30 P,M. ~ which t~e all ~,i Interested persons wlll be '~?'" DATED: December 30, 1980. ::[ · ' ToWn Clerk ~ , :" ~ Town of Southold COUNTY OF SUFFOEK STATE OF NEW YORK ss: PatriciQ Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH~MAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Islc~nd Traveler-Watch- man once each week for ................ L...~ .................. weeks successively, commencing on the .....~... .......................... day~:: ...... Sworn to before me this ......... ~ ..................... day of Notary Pu'blic L ,~.O T IlCF- O,F',PU Bt.lC HI:. ~iJiKIl~ O,k LOC ~ I. AT~' /~=% ilBL C NCTRE iB here~ F~n -~hat ' t~re ba~ been ~ce~er~ t~ Ihe ~o~n Board ~o1' the Tmon m 5nulh~dd S~. I'olk Counl~ Nex~ Yr,'k. on the ~m.h ~a~. of D~eember 1~0. a L,'~al La~. em~He~ "A Lm~ !,~ Pro~ ~ lot the Re~u- Ijtlon and [i~e o1' R~.re~bonal ~Areas ~n [he '~own ,~ ~,ld' Saicl Local L~v. pro~qdes t~r the prmecliop of properly' !n recreaOonal areas and prm hibn~ ~he dumpm~ thereto, I re~late~ the u~e and opera'. , lion oi ~e~h:le~ w, recreat,m31 ~mm~n~, hshm8 a~d h~n[. io~ m recremlopal erea~: rE- d0] ~;~ ~ 'b;,. n;,.~.i;.,~ b~k ~ ~ ;.',rat ;,;p~b~id~'tha[ the head O[ the ~[~] be i~ chance of alt recfea'- ~,~iOnal are~ and auth6~~ ~;~dl~ and ~e[ulafioas [6r t~ ';;o~e~iy use of recreational ?a~as and provides that; such q~dez~son shah enforce sa~d ~,¢~1 ~aw and all rul~ a~d [: r~u]atio~s pTomul~ate~ ~ t~reunder. ~ ~opies of said L~al ~w ~ a~ailabie at the office ~f. th~ [[T~Wn Clerk to any inte~estea p~mons fl~ing b~ine~ ~ that ~he Tow~ Be~d L~e~ow~ of Sou~hold w~t al~Pub]ic hea~J~8 o~ [he,afore- said ~ocal ~aw at the ·ewn Hall, Ma[~ ~oad, old New York; on the ~[h d~y 0f January, 1981, 3:30 F.M. at which time all .interested per- COUNTY OF SUFFOLK, l STATE OF NEW YORK, ? ss: David Walker being duly Sworn, sm/s that he ....... , is p~inter and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper pubqshed ~t Greenport, in said country; and theft the notice, of which the Gnnexed is a printed cOpy, I~as been published in the said Suffolk Weekly Times once in erich week, ~or ....... g.n.e. ................. weeks successively commencin9 on the ...8.~..h .................... January 19 81 Swozn to before me this . .8..~. ..... "sons will be heard. I'~A'PED: December 30. HELEN K. DE NOTARY PUBLIc, State of blew ¥orJ~ No. 47071]78, Suffo!k 0ou,ty Term Expires March 30, 19~J · ~ LEGALNoTIC~ '- ' ·NOTICE O~LPUBLiC ,'" i' HEARING O~ LOCAL LAW . PUBL.~C NOTICE. is hereby i given~ :that t~ere has ~n ' pr~ented to the TowsBoard ? of t~ :~6w~ ~ ~uthold, :.' folk Co~flt~, New York, 6ri'the: d.O~h day of November 1~0, a ?:~:' n ~ ~ 'Rec~eaoonai ~'~ Areas :.~n'¢the ,Town of' South- :, ~d':. said L~ Law pro;rides mr the protection oi ~r, reere~bona are.~5 and~r~ i h~b~r~ Ihe dump~r,~ , re~uiste~ tho cst aaa op*ra. ., ~reas. rcg,.isle!, ba'mng. ,',rig m :'ecreaRonal area~, rel?- h~ates 0tcn~cking. '-- .o'~n0r2,2t ,n recre6t~0~ areal . pro~ ~e~ Ihal the head of [he Depai h~enl ,:4 Publfe 'shall be m (l~arge of all ret. reahona{ areas and au~horJze~ ~uch person to prnm~g~le rules and 'reg'Jlatmns {or orderly '~e o[ reer~tlona] ~reas and ~ro,~des that persr,fi sh~Jl en{orce aaia , Local I.au and ail rules and regulanon~ promulgated COUNTY OF SUFFOLR, STATE OF NEW YORK, ~ ss: Joan Gustavson ...................................... being duly Sworn, sm/s that sY~e.., is Printer mid Publisher of the SOFFOLK WEEKLY TIMES, a newspaper published at Oreenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly/ Times once in each week, ~or .. o.n.e. ....................... weeks successively commencing on the . .20~J~ .................. day of . .N,o,V.e.m.b..e,~. .......... 19~.Q. Sw. orn to before me this .~.0.~.]~ ....... I , C.:,p,e~ t,f .;aid Local La,~ are available at Iht ct'flee o1' the To~.n Clerk [o a~3' mlereslecl ' persons during b,J.:.~nes_q NC'TICE I~. FURTHER 'GI\TN tha~ t[',e To~n Board nt ~he Low n o~ Sov[huld ~,ill HELEN [(.DE V0E ,aolcl a pub*ic [,earing on the N01'/~[~¥ PIJSHC, State of New York ~l'ore£a~O Loeb! Lev. al the No. 4707878. Suff01k C0ur~tv Southold Twa n Hall Mare rarrn [xmres March 30, Road. Soa~hold. !,le~,~ York. on I he 2nd da y o1' Deeem be r. ! 9[0. at 8' 1,5 o'clock ? M.. at ~ch -,timej all interested ~mons "will be-htard ' DA[ED. Nm'ember 6. 19~, I' , LEGAL'NOTICE i,'~ [: ' i,, NOTICE OF I ' ' ' ' ',,! ;,, pLiBLIC HEARING,; / .QN LOCA[' LAW, ' ,PUBLIC NOTICE is'hereby h given, that ther& 'has been !' presented to"the Town,B°ard {' of the'To%~;u of;iS0utho[d,~ f5 ' Suffolk ~0Unty, 'NeW';Yofk,, on ,, !", ': the 16th day of ,'lNovember.,, f, 1980'a Local Law,,,entitled,}i ;i "A LO,~aI"L,aw td',Pr6vide for, the Regulation, 'and Use of Recreational: At;~'s' !in ~h'e'./,, Town'of SoutI~old?~"Said Local;: Law provides ,for' the pro- teetlon of property ,in ,recr ..... ,~ ' fional areas and ;Dkoh~ ts:the i, ti dumping tberem;,regulates.,:' {' the use and o~eration of,, ;,, ~ehicies"in, x~er~fibn'al areas;ll~{ ,r reeulates bath fl~;i swimming., ?, ,fishing 'and ,hUfittng lu~'rF7 , ~ ereational area~ re, gulates t, uiekiqg ,behavip~l 'conuuet, m ~ !"' recreational 'a~eh?; ',, pr0v!d,e~ ~hat the head '~ the",Dep, a~t- ment' of Pub[,c i,,~,,0~ks shail'be ],, in charge of l~]l 're~ea!l~na] '{:' areas anal ~Uil~6'fiz~'s i:,and regulation; ' of recreatlo, nal, ]a~ea~ il 'enror~ sa~d !itI rules ~'and 'mulgated ,'ti ,, Copies ofaa,d :,, a,~ailable' ;, Town ,Cle~k.Tt6' ,perso~ ': ' ,Town Hal{! i ~'e~0~k,' e. :' , iute'reste /' hea;d.]',, } ,, DATED: COUNTY OF suFF'~LK STATE OF NEW YORK ss; Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............. J .......................... weeks successively, commencing on the .... ...~).. .......................... J Sworn to before me this ........................... day of Notary 'Public l'ext of [qw should be given as amended. Do not use brackets for matter to be eliminated and do not use italics for new matter. ~i~ of Southold 'Fown ........................................................................................ ~ .................................. l,ocat' l,aw No .................... .1. ..................................... of the year 19 .~.1. ...... local law ._.t..o....p.r..?.y.i.~.(.~. ~or the regulation and use of Recreational areas. (Insert title) Be it enacted by the Town Board .................................................................................................................................. of (Name of Leg slat ~e Body Town of Southold ................................................................................................................... as follows: Vg~ The Code of the Town of Southold is hereby amended by adding a new Chapter thereto, to be Chapter 62, to read as follows: ARTICLE I USE REGULATIONS AND RESTRICTIONS Sec. 62-1 Definitions As used in this Chapter, the following terms, phrases, words and their deriva- tions shall have the meaning given herein. RECREATIONAL AREAS - Include all parks, playgrounds, athletic fields, boat launching ramps, all areas between the ends of highways and tidal waters, and other recreational areas, including approaches, driveways, parking areas, and buildings and structures located thereon owned, leased or operated by ~he Town of Southold. SUPERINTENDENT - Shall mean the head of the Department of Public Works' of the Town of Southold, who shall be in charge of all Recreational Areas. VEHICLE - Any vehicle which is or may be mounted on wheels and is or may be propelled either by its own power or by another power driven vehicle to which it may be attached. The term shall include any trailer of any size, type or description. ~62-2 Recreational Area Property No person in a Recreational area shall: Mark, deface, injure or damage any building, structure, property or equipment in or on any recreational area. B. Dig and/or remove sand or gravel or other material from a recrea- tional area; nor cut, carve, remove or otherwise damage any tree or plant in such areas. C. Hunt, molest, disturb, injure or kill any animal or mammal in or on any recreational area. additional space is needed, ~lease attach sheets of the same s:×e as this and number each)~ re£use or other trash. No such refuse or trash shall be placed in any wazers or left anywhere on the recreational area grounds, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the recreational area by the person responsible for its presence and properly disposed of elsewhere. 562-3 Vehicles and traffic. No person in a recreational area shall: Ao Fail to comply with all applicable provisions of the state motor vehicle traffic laws, laws of the Town of Southold in regard to equipment and operation of vehicles. Fail to obey all traffic officers and recreational area employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the recreational area and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the Superintendent. Fail to observe carefully all traffic signs indicating speed, direction, c~ution, stppping or parking and all others posted for proper control and to safeguard life and property. De Ride or drive a vehicle at a rate of speed exceeding ten (10) miles per hour, except upon such roads as the Superintendent may designate by posted signs for speedier travel. mo Drive any vehicle on any area except the paved roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by'the Superintendent. Park a vehicle in other than-'an established or designated parking area, and such use shall be in accordance with the posted instructions thereat and with the instructions of any attendant who may be presenz. Fail to immediately notify an attendant of an emergency in the nature of a breakdown requiring the assistance of a tow truck, mechanic or other person. H. Fail to use a muffler adequate to deaden the sound of the engine in a motor vehicle. I. Repair, wash, wax or perform other maintenance on his or another vehicle. -2- J. The provisions of this Chapter shall not apply to the following motor w,~hiclc s: (1) Motor vehicles of the United States of America, the State of New York, the County of Suffolk, the Town of Southold, and any agency, instrumentality or department thereof, when used on official business, or motor vehicles operated by officers or employees of such governmental agencies when used on official business. (2) Motor vehicles commandeered for use by police officers in the performance of their duties. (3) Ambulances or motor vehicles used as ambulances. (4) Motor vehicles operated by a fire department or fire district in the performance of its duty. (5) Motor vehicles used for launching and hauling boats at public boat launching sites. Bathing and swimming. No person shall: Ao Swim, bathe or ~vade in any waters or waterways in or adjacent to any recreational area except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat, when such activity is prohibited by the. Superintendent upon a finding that such use of the water would be dangerous or otherwise inadvisable. Such designated bathing areas shall be kept free from any form of water equipment or other floating objects or any other form of device that in~the Superintendent's judgment may cause inconvenience, injury or diseomfort to bathers, except if such equipment is intended for the protection of life. Frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the Superintendant for such purposes for each individual area. Erect, maintain, 'use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at lease two (2) sides; nor shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object thereof. -3- §62-5 ~62-6 §62-7 Do Dress or undress on any beach or in any vehicle, toilet room or other place, exccp~ in such bathing houses or structures as may be provided for that purposes. Beach activities. No person shall: Ao Bring into or operate any boat, raft or other watercraft, whether motor-powered or not, upon any waters at places designated for bathing. Fish offshore from towp-operated beaches except from such portions thereof as may be staked off and posted therefor, nor shall any person at any time fish in any area while bathing is permitted. Hunting and firearms. No person shall hunt, trap or pursue wildlife at any time. No person shall use firearms of any description or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially harmful to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into recreational areas from beyond their boundaries is forbidden. Use of picnic areas. No person shall: Picnic in a place other than those places designated for that purpose by the Superintendent. Recreation area representatives shall have the authority to regulate the activities in such areas when necessary to prevent congestion and {o secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. Ail organized picnics and outings shalt first obtain a special permit from the Superintendent. Violate the regulation that use of the individual fireplaces~, together with tables and benches, follows generally the rule of "first come, first served", excepz if it is an organized picnic and exhibits a permit duly issued by the Superintendent. Use any portion of the picnic areas or of any of the buildings or s~rucmres therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use s'uch area and facilities for an unreasonable time if the facilities are crowded. -4- I). Ignite or maintain a fire on any beach or in any recreational area except in a proper, designated area and fireplaces. Leave a picnic area before a fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the recreational area by the picnicker, robe properly disposed of elsewhere. ~62-8 Games. No person shall take part in or abel the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins or model airplanes, except in areas set apart for such forms of recreation. The playing of active sports or games such as football, baseball and golf is prohibited except on the fields and courts or areas provided therefor. §62-9 Behavior and conduct. No person shall: A. Be present in any recreational area while 'under the ~nfl'uence of intoxicating liquor. Bring a dog or other domestic animal, into recreational areas other than automobile parking concourses and walks immediately adjacent thereto. Nothing herein shall be construed as permitting the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than four (4) feet in length. C. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Superintendent. Fail to produce and exhibit any permit from the Superintendent which he claims to have, upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. Disturb or interfere unreasonably with any person or party occupying any area or participating tn an activity under the authority of a permit. Erect any s~rucmre, stand or platform, or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first ob~taining authorization. .~62-10 Itours of 'use. t~ecreational areas shall be ope~n to the public at such periods and duri such hours as shall be fixed by resolution of the town board. It shall be the duty of the Superintendent to post notices .of the opening and closing hours in each recreational area. 562-11 Rules and l~e'uglations The Superintendent shall be authorized to otherwise set down rules and regulations that he may deem proper to maintain the safety and welfare of thcs e persons using town reerea[tional areas as defined herein. §62-12 Enforcement; pens[lties for offenses. The Superintendent and recreational area personnel shall, in connection with their duties imposed by law, diligently enforce the provisions of this Chapter. The Superintendent, any recreational area personnel or members of the Southold Town Police Department have the authority to enforce and/or eject from the recreational area any person violating the provisions of this Chapter or any other provisions of the law. In addition to any other penalty as provided for by law, an}, person or persons, association or corporation commit- ting an offense against this Chapter or any section or pro- vision thereof is guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.00) or imprisonment for a period not exceeding fifteen (15) days for each such offense, or by both such fine and imprisonment. The Superintendent and any recreational area personnel shall have the authority to seize" and confiscate any property, thing or device in the recreational area or used in violation of this Chapter. §62-13 This'Local Law shall take effect ~mmediately. (Complete the certification in the patagraphwhleh applies ~o ,ne t~hng oi mis local law and s~r~e out the matter therein ;~hich is not applicable.) (Fiual adoption by local legislative body only.) L I hereby certify that the local law annexed hereto, designated as local law No ......... .1. ........ of 19...8..1... of the lgf~¥ o£ $outhold was duly passed by .._.S...o...q.t.h.q.1...d....T...o...w..n...~_9..a..r...d.. ..................................... -I~OWII ...................................... (Name of Legislative Body) on ............. ~s...a..~ in accordance with the applies;lc provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer or repassage after disapproval.) 2. I hereby certify that the local law annexed hereto, designatedas local taw No .....................of 19 ........ County City of the Town of ...................................... was duly passed by ............................................................................................ (Name of Legislative Body) Village not disapproved on .................................................. 19 ........ and was approved by the ....................................................... repassed after disapproval Elective ChiME .... tire Officer and was deemed duly adopted on ....................................................... 19 ......... in accordance with the a~plicable provisions of law. (Final adoption by referendum.) 3. I herebycertify that the local law annexed hereto, designated as local law No ................... of 19 .......... County of the City of ...................................... was duly passed by the ...................................................................................... Town (Name of Legislative Body) Village not disapproved on ................................................... 19 ........ and was approved by the ............................................................. repassed after disapproval Elective Chief Executive Officer on ...................................................................... 19 ........ Such local law was submitted to the people by reason of a maud. sro.fy referendum and received the affirmative vote of a malority of the qualified electors voting permissive general thereon at the special election held on .................................. ] ................... 19 ........ in accordance with the appli- annual cable provisions of law. (Subject to permissive referendum and final adoption because no valid petition filed requesting referendum, ) 4. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... County City of the Town of ...................................... was duly passed by the ................................................................................ on Village not disapproved .................................................... 19 ...... and was approved by the ........................................................ on repassed after disapproval Elective Chief Iq ....... tire Off it:er ............................................................. 19 ......... Such local law being subject to a permissive refcmndqm and no valid petition requesting such referendum having been filed, said local law was deemed duly ad6pied on ...................................................................... 19 ........ , in accordance with the applicable prevismns of law. *Elet:ti~,e Chief Executive Officer means or includes the chief executiw,~ of fit:er of a eounty elected on a county-wide basis or if thcrc he none the chairman of the board of supervisors, the ms, ur of city or village or the supervisor ~f a ~wn, where such officer is ves~cd wi~h p~wer [o approve Citx Ire'al la~ com'eruus7 (;har{er revision proposed h) petition.) of the ~- . ...................................................... having been submitted to referendum pursnant to the provismns of ~ 37 of the Municipal llome Hule Law aud having recmved the affirmative vote of a majority special of the qualified electors of such city vodng thereon at the general election held on the ......... ................ 19 ............ became operative. {If an} otber at, thorized form of final adoption has been followed, please provide an appropriate certification., I further certif} that I have compared the preceding local law with the original on fine 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 ........... .1. ............... above. Date: February 13, 1981 Clerk of Ihe Board of Supervisors, City. Town or Vill;uze Clerk or Officer designat.d by [.ocal l,eglslative k~ody Judith T. Terry, Southold Town Clerk (Seal) (Certification to be executed by' County Attorney, Corpora;ion Counsel, qJown Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ...... .s..b.~.E.E.Q~..K-. ...................... I, [he undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Dated: February 13, 1981 (Title of Officer~ Robert W. Tasker, Town Attorne csax,: <,f ..... ~2.u..kh..o. Ld. .....................................