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Home My WebLink AboutLL-1983 #05follows: the r e t o: follows: LOCAL LAW NO. , 1983 A Local Law in Relation to the Mooring and Anchoring of Boats BE IT ENACTED by the Town Board of the Town of Southold as Follows: Article III of Chapter 32 of the Southold Town Code is hereby amended as I. Section 32-31 (Definitions) is amended by adding the following terms PERMANENT MOORING - the securing of a boat in a harbor on a seasonal or annual basis by mesns of the placing of a fixed mushroom anchor in the harbor bottom. TEMPORARY ANCHORING - the securing of a boat in a harbor ' on a temporary basis by means of an anchor carried aboard the boat. Il. By adding a new Section to said Article to be Section 32-39 to read as § 32- 39 - Mooring and Anchoring No boat shall be so moored or anchored that it at any time rests within any channel, or interferes with the 'full use of such channel, nor shall any boat be moored or anchored within fifty (50') feet. of any dock, pier or other boat docking facilities. § 32-39A - Anchoring in Mattituck Creek All boats owned by non-residents of the Town of Southold temporarily anchoring in Mattituck Creek shall anchor only in the Federal anchorage area located near the head of said creek. The Town Board of Trustees shall cause said anchorage area to be suitably designated by appropriate buoys or markers; and shall also cause suitable signs to be placed at appropri~ate locations in said creek to direct boaters to such anchorage area. §32-39B -Anchoring and Mooring in West Harbor 1. All boats temporarily anchoring in West Harbor at Fishers Island shall anchor north of Goose Island. 2. Permanent Mooring in West tlarbor. (a) All_permanent moorings shall be located south of buoy N" 10". (b) No permanent mooring shall be placed unless authorized by a permit duly issued by a Bay Constable or deputy or assistant Bay Constable. (c) The following fees shall be paid upon the issuance, of a mooring permit, to wit: Size of Boat l~er mil Fee up to 25 ft. 26 ft. to 35 ft. over 35 ft. All non-residents $10.00 $25. oo $50. oo $~o. oo III. This Local Law shall take Peffect immediately. -2- EDWARD V. REGAN STAT E COMPTROLLER STA:£E OF'NEW YORK. OFFICE OF THE STAT-E COMPTROLLER. . .ALBANY, NEW YORK ' ' .ii' ' ~12236 .' · . . August 22,'1.983· .SEg6 !983 425 Main St. Greenport, NY 1.19~4' · - De~ sir/Madam: This is to advise that Local Law(s) Town of SouthOld for the 5,6 of 1983 on 5/16/83 .' -' was received and filed .~y.g.9~ruly you.rs~-~'-.~ . Associ0te Attorney Charters Unit, KRP: dal cc: Secretary of Slate (Please Use this Form for Fflhtg your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being elimknated and do not use italics or underlining to indicate new matter. ...... .................................................................................................. Local Law No ........... 5 ............................................. of tlu~ year 19 a~ ....... A local law in relation to the mooring and anchorinq of boats {lm,~ title) Be it enacted by the ........... T. awn..Boar, d. ................................................................................................ of the (NmMt ~ Lefi~i~ivo xC~ of..~outhol4 ...................................................................................................................................... as follows: Town ~/~xx Article III of Chapter 32 of the Southold Town Code is hereby amended as follows: I. Section 32-31 (Definitions) is amended by adding the following terms thereto: PERMANENT MOORING - the securing of a boat in a harbor on a seasonal or annual basis by means of the placing of a fixed mushroom anchor in the harbor bottom. TEMPORARY ANCHORING - the securing of a boat in a harbor on a temporary basis by means of an anchor carried aboard the boat. By adding a new Section to said Article to be Section 32-39 to read as follows: Section 32-39 - MOoring and Anchoring No boat shall be so moored or anchored that it at any time rests within any channel, or interferes with the full use of such channel, nor shall any boat be moored or anchored within fifty (50') feet of any dock, pier or other boat docking facilities. Section 32-39A - Anchoring in Mattituck Creek All boats owned by non-residents of the Town of Southold temporarily anchoring in Mattituck Creek shall anchor only in the Federal anchorage area located near the head of said creek. The Town Board of Trustees shall cause said anchorage area to be suitably designated by appropriate buoys or markers, and shall also cause suitable signs to be placed at appropriate locations in said creek to direct boaters to such anchorage area. Section 32-39B - Anchoring and Mooring in West Harbor 1. All boats temporarily anchoring in West Harbor at Fishers Island shall anchor North of Goose Island, 2. Permanent Mooring in West Harbor. i~r(lf additional space is neededt please attach,,, ,, sheets,, ,,,°f the same size as this, and number eac, h)"~ Page I (a) All permanent moorings shall be located south of buoy N" 10". (b) NO permanent mooring shall be placed urlless authorized by a permit duly issued by a Bay Constable or deputy or assistant Bay Constable, (c) The following fees shall be paid upon the issuance of a mooring permlt~ to wit: Size Of Boat Permit Fee up tO 25 ft. 810.00 26 ft, to 35 ft. 825,00 over 35 ft. $50.00 All non-reSidents 850.00 III. This Local Law shall take effect immediately. -2- (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ....... of the lown of.$authalcl ................. .was duly passed by the ........ .To~n..IBoar~l ................................................ (Name of Legislative Body) oa ....... M...a...Y....!..°..: ........................ 19...8..3. in accordance with the applicdble provisions of law. (Passage by local legislati~;e body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certify that tile local laTM an sexed hereto, designated as local law No ..................... of t9 ........ County City of ...................................... was duly passed by the .................................................................................. of the Town (Name of Legislative Body) Village not disapproved on .................................................. 19...~.].; and was approved by the ....................................................... repassed after disapproval Elective Chief Executive Officer * and was deemed duly adopted on ....................................................... 19 ........ , in accordance with the applicable provisions of law. (Final adoption by referendum.) ! hereby certify 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 mandatory permissive referendum,and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on ...................................................... 19 ........ , in accordance with the appli- ann ual cable provisions of law. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law anneked hereto, designated as local law No ................... of 19. ......... County City of the Town of ...................................... was duly passed by the ................................................................................ on ~Name of Legislative Body) Village not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disapproval Elective Chief Executiv. Officer ~' .............................................................. 19 ......... Such local law being subject to a permissive'referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ , in accordance with the applicable provisions of law. *Elective Chief Executive Officer memm or includes the chief executive officer of a county elected on a county-wide baa~ or, ff there be none. the chairman of the county le~tive body, the mayor of · city or village or the supervisor of a town, where such officer is vested wRh power to approve or veto local laws or ordinances. Page 2 (City local law concerning Charter revision proposed by petition.} t hereby certiiy that the local law armexed heretor designated as local law No ..................... of 19 ........ of the City of ..................................................................... having been submitted to referendum pursuant to the p. rovisions of ~ 36 37 of the Municipal florae HuleLaw, aad having received the affirmative vote of a majority · special of the qualified electors of such city voting thereo~ at the general election held on .................................. ................ 19 ............ became operative. (County local law conCer'fling adoption of Chatter.') I hereby certify that tile local law annexed hereto, designated as Local Law No ....... of 19 ...... of the County of ......................................... State of New York, h. aving been submitted to the Electors at the General Election of November ..... ; ..... 19 ........... pursuan~ to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received file affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at' said general election, became operative, (If any other authorized farm of final adoption has ~been followed, please provide an appropriate certifieation.) ~ [ further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ...... .1. .................... above. officer de~igna~od by local le~slative body Date: May 11, 1983 JUDITH T. TERRY TOWN CLERK (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attontey or other authorized Attorney of STATE OF NEW YORK COUNTY OF ...S.,.U...F.?..,O.,.L,..K.. ............................. l, the 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. · Rc~b~t..~, .Tosl~or, .To~o ~t.t.o~rt~y ......... Date: May 11, i983 C~g0i~k of ............ .s...o..u...t_h...o. Ld. ................................. Town Pgge 3 PUBLIC HEARING SOUTHOLD TOWN BOARD MAY 10, 1983 3:00 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN RELATION TO THE MOORING AND ANCHORING OF BOATS." Present: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards · · · Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR PELL: The first hearing, a Local Law on Mooring and Anchoring of Boats shall be read by Councilman Townsend. COUNCILMAN TOWNSEND: "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 5th day of April, 1983, a Local Law, entitled, "A Local Law in Relation to the Mooring and Anchor~ lng of Boats", which reads as follows, to wit: Article III of Chapter 32 of the Southold Town Code is hereby amended as follows: I. Section 32-31 (Definitions) is amended by adding the following terms thereto.: PERMANENT MOORiING - the securing of a boat in a harbor on a seasonal or annual basis by means of placing of a fixed mushroom anchor in the harbor bottom. TEMPORARY ANCHORING -.the securing of a boat in a harbor on a temporary basis by means of an anchor carried aboard the boat. II. By adding a new Section to said Article to be Section 32-39 to read as follows: ~32-39 - Mooring and Anchoring No boat shall be so moored or anchored that it .at any time rests within any channel, or interferes with the full use of such channel, nor shall any boat be moored or anchored within fifty (50') feet of any dock, pier or other boat docking facilities. ~39-39A - Anchoring in Mattituck Creek All boats owned by non-residents of the Town of Southold temporarily anchoring in Mattituck Creek shall anchor only in the Federal anchorage area located near the heard of said creek. The Town Board of Trustees shall cause said anchorage area to be suit- ably designated by appropriate buoys or markers, and shall also cause suitable signs to be placed in appropriate locations in said Page 2 - Public He'~ing - Local Law-Mooring afi-~ Anchoring of Boats creek to direct boaters to such anchorage area. ~32-39B - Anchoring and Mooring in West Harbor 1., All boats temporarily anchoring in West Harbor at Fishers Islandlshall anchor north of Goose Island. 2.1 Permanent Mooring in West Harbor. (a) All permanent moorings shall be located south of buoy N'! 10" (b) No permanent mooring shall be placed unless author- ized by a permit duly issued by a Bay Constable or deputy or assistant Bay Constable. (c) The following fees shall be paid ~pon the issuance of a mooring permit, to wit: Size of Boat up to 25 £t. 26 ft. to 35 £t. over 35 ft. All non-residents Permit Fee $10.00 $25.O0 $50.00 $50.o0 Cqpies of said Local Law are available at the office of the Town Clerk to any interested persons during business hours. Notice is further given that the Town Board of the Town of Southold will hold alpublic hearing on the aforesaid Local Law at the Southold Town Hall,' Main Road, Southold, New York, on the 10th day of May, 1983, &t 3:00 o'clock P.M. at which time all interested persons will bd heard. Dated: April 5, 1983. Judith T. Terry, Southold Town Clerk." I;have a publishers certificate from the State of Connecticut for thd New London Day, signed by A. J. Almedia, Controller. I have a~notxce from The Suffolk Times that it was published in The 8uffol* Times signed by Joan Gustavson~ an officer of that corporation. I have~a notice from The Long Island Traveler-Watchman that it was published in that paper April 14th, signed by Pat Wood. I have an affidavit from Judith Terry, Town Clerk saying that it was posted on the Town Clerk's Bulletin Board. W& have a letter from the Board of Town Trustees in reference to thi&~ stating they "unanimously voted to approve the resolution that wks drawn up by the Town Attorney with reference to marking and anehorxng in the Federal Anchorage at the head of Mattituck Creek." SUPERVISOR PELL: Thank you. You've heard the reading of the public notice~ Does anybody wish to speak in favor of the proposed Local Law? ~No response.) Anybody wish to be heard in opposition to this proposed Local Law? (No response.) If not, I'll declare the hearing closed~ * * * &' Judith T. Terr~ ,5/ Southold Town 'Clerk PUBLISHER'S CERTIFICATE LEGAL . . .No-~73 Town of Sou{h0id Notlceof Public Hearing (m L~al Law, ' [ $outhold, Suffolk Cou~lty, New[ Yorkr on the 5th aay of April, 1 1983, a Local Law, entitled, -A [' Local Law. in Relation to theI Mooring and .Anchoring 'of: Boats", which reads as follows,' to.,if: · ·.. · Article II[.~f Chaptei'.32 of the. Soufhold Town Code i~ hereby i amended as,foUbWS: I. Section 3~-31 ~Deflnltions) ia amended by addmg lhe Iollow. Permanent Mooring -- lh~ securing of a boat In a harbor on i means of placing of a fixed [ bottom. I, ' Temporary' Anchoring -- the 'securing of a boat [na harbor on: I boat II, By adding, a new Sectipn, to '. I said Article fo be Section 32-39 to I readasfollows; ' ' Subsection' 32-39 ~ Mooring I andAnchoring~' No boat shal[ be so moored or anchored lhat il at any file rests wllhin onv chanr, cl or ~n- [ terferes wilh ~l}e full use of such moored or anchored within fifty (50') leer of any dock, p er or other boat docking facilities. Subseclion 32.39A -- Anchor- lng ll~ Matfltuck Creek All boats owned by non-rest, j' dents of the Town of Southold ~ub~.ec~.on 3.' 39B - Ancr. o~ lng and Mooring in Wast'Harbor 1. All boat~ temporarily an- choring in West Harbor at, F~shers Island ~hall a~choc ~ north of Goose Island.' [',o. Con(~ auJ~ (ct'The following fee~ shall be paid upon the issuance of' -~, I mooring permit, to wit: t Size DJ Boat Perm,~ Fe~ .... upto25 ft ~lO 00,.~ . ~6tl, 1o35 Il sz~.oo, r All non-residents $50.00 Javailable a~ the office of theI Town Clerk lo any inlerested j persons during bu~;ness hours Notice ~s Fc. rlher Given that I Southold will lipid a public hear. ling on the aforesaid Local Law let Ihe $outbold Toe, n Hall, Ma;n Road, $oufl'.old. New York, onI lhe lOIh a~y of May~ ]983. et J.-O0 o'clock P.M of which hme al ;nferesied persons wiU' be beard, Dated: Aprd 5 1983. , Judith l'~ Terry '. ,: Sbuthol~l Tov~I.C~ State of Connecticut , County of New London, ) ) ss. New London A.G. Almeida, Controller London, State states on oath, of THE DAY, a daily evening newspaper published at New London, County of New of Connecticut, who being duly sworn, that the Order of Notice in the case of Legal advertisement ~ 973 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the 14th days of April A.D. 1983. Subscribed an~Jsworn to before me this 1 9th day of April A.D. 1983 Notary laublic. On this 19th day of April A.D. 1983, personally appeared before the undersigned, a Notary Public, within and for said County and State, '~ '.' ~ LEGAL OTICE : NOTICE.OF PUBLIC 'i/HEARING ON LOCAL LAw : d PUBLIC NOTICE is her~'~ I 'given that there has been l~'e- sented to the Town Board of' ~ithe Town of Southold, Suffolk ilCounty, New York, on the 5th ', ,i~day of April,' 1983, a Local ~ aw,. entltIed . A Local Law ~,:,[in Relation to the Mooring'and i~Anchoring of Boats",-which :'.reads as follows, to wit L.. A~ticle III of Chapter 32 of i'the Southold .ToWn Code is ]:hereby amended as follows: . I .il I. SeCtion 32-31 (Defini- ~tionS~ ;s amended by adding ' the toUowmg term_~ thereto. PERMANENT MOOI~[NG-. ~ . ,'~he sec.uring of a boat in a "~harbor On a seasonal or annual basis by means of placing of a fixed mushroom anchor in the :.harbor bottom. · ,',,' TEMPOR~RY ANcHoR- "tNG -- lhe securing of a boat tn ,a harbor on a temporary, basis ,by means of an anchor carried aboard the boat. IL By adding a new Sectioa 'l '~ to said Article to be Section 32- 39 to read as follows: :' §32-39 -- Mooring and' An- i'Choring ' ~ - · ('No boat sfmll be so'.moored or a~ch0red that it at any time rests within any channel, or interferes with the full use of Such channel, nor shall any: boat be moored or anchored within fifty (50') feet of any I- :dock, pier or other boat~ I. docking facilities. §32-39A -- Anchoring ia Mat-! .tituck Creek Al! boa~s owned by no~~ '[. residents of the Towri of South-' old temporarily anchoring in' Mattituek Creek shall anchor only in the Federal anchorage ' area Io~ated near the head of , Said creek. The Town Board of ' Trustees shall cause said an- T, chorage area t0. be suitably /" designated by:' appropriate ,:: buoys or markerS,. and .shall 'also ~ause suitable signs LObe placed at appropriate 10'ca: Lions in said creek to dir~e~ boaters to such anchorage ?: area. · !i:i'!..§32-30B --Anchoring and . FiMooring in west Harbor :~'-' 1: Al] boats temporarily an- i~i:!.choring in West HaFbor at iFi~hers Island shall anchor ~ :inorth ' Of Goose ~' l.~land · ' -~ Pc-rmanent Mooring West Harbor , a ~ All permanent moor~ ings shall ne located soutl~ ol buoy' N [fl", ,b~ No permanent !, mooring shall'be:placed unless 'i-authorized by'a Permit duly , issued by a Bay Coristable or ,,.:deputy. or assistant Bay, ' :.Constable. Cc) The ~oll'owing. fees .shall be paid upofi the 'I:.issuance, of a mooring permit,' ~ilb~ wit: , ' - Size of Boat. Permit Fee i~up to25 ft_ : "' $10.00 : 26 fi.to 35 ft. : -,' i . 0ver3Bft. ' : ' $50.00 AB non-reSidents . $50.00 · Copies of said Loea'l LaW are available at the office of the · Town Clerk to. any interested :,persons - du~ing · business hours.', .' · -' NOTICE.· IS~ FURTHER GIVEN that th6 Town Board .of the Town of Southold Will' hold a public hearing on the · af.oresaid"Loca'l Law·at the :Southold .Town Hall, Main' Road, Southold, New York, on' the; 10th 'day of May, 1983, at - 3:00. o'clock .P.M. at '.which time all interested.persons will 'be heard. DATED :"April 511983. -7 ~JUDITH T. TERRY · ' SOUTHOLD '~... ' 'TOWNCI STATE OF NEWYORK ) )~S: COUNTY OF SUFFOLK ) ....~_o..a..~.,:.~/..,......G.-a.~.~.~.v....s...o..n.. .................... of Greenport, in'said County, says Jla/she is a representative of THE SUFFOLK TIMES, a weekly newspaper, published at Greenport, in the Town of. Southold, County of Suffolk, State of New York, and annexed is a printed copy that has been regularly published in said newspaper once in each week for ........ 2~..e.. ...... week(s) successively, commencing the...!.~.~day ................. ................... .... Sworn to before me this ....... .1....4..~ ....................... day of.,.,~-_~.~.~ ............................ 19.,,~. .............................. HELEN K. I)1~ VOE NOTARY PUBLIC, Stata ot New York No. 4707878, Saffolk $ounly LEG'AL NOTICE o 'IcEg 'uBtlc HEARING ON LOCAL LAW PUBLIC NOTICE is hereby glven.,-, that there i has ',pres~nte~ to the T~wn BOard' of ~e Town of Southold, Suffolk County, New York, · e 5~ da~ of Ap~. 1~3. a Local Law. entitled, "A Local taw in Relation to the Moor~g and ~chorlng el Boats." which reads as follows, lo'wit: A~icle ~l of ~apter 32 of the Soulhold Town Code hereb} amended as follows: I. Scanlon 32-31 is amended by adding the Ibllowing te~ms thereto: PE~IANENT MOO~G --~c sec~mg el a boat ~ a harbor on a seasonal or anflual basis by means of placing of a ~ed mushroom anchor harbor ben IEMPORARY ANCHOR- ING--~e gec~g of a,boat a harbor[on a tempora~ Ib~is by means of an anchor ca~led aboard ~e boat. H. By gdd~g g new ~ion "-. to s~d A~i~le .to be SeRion 32-39 to' read as follows: 1:. ~32-39 - Mooring '~d L. 'No boat shall be so moored ~ anchored thai h ar any ~e ~e~s ~ithin an} channel. mtederes ~ith the f~l uae of such chapel, nor shalb.any boa~ be moored or anchored ~nthin ~5 150'} feet of any dock. pier or o~er boat dock~g Ancho~ng in Maffituck Creek. All busts o~ ned by non-resi. dems of the rown of Southold wmporarflv anchoring ~ Ma~- tituck Creek sha~ anchor only k, the Federal anchorage a~a Io,:ated nea~ the head of said creek. [he loam Board lrustee~ ~hall ca~e said anChOrage area to be suitably des}gusted by approp~am buoys or marker~, and shall also cau*e s~iable signs to be placed at appropriate locations m sa~d creek to direct boaters to such anchorage area. ~32.39B . ~chodn8 and Mooring ~ We~. H~bor. I. ~ boats temporarily anchoring in Wesl Harbor at F~ahers Island ah~l anch~ no~h el Goose Island. 2. Permanent Moo6ng m West Harbor.. lot ~]l permanent 'moor~g shall be located aou~ of N" 10" .(b) No pemanent mo0~n~ shall be placed u~ess author- ned b5 a permit dul~ ~ssued by a Bay Con,table or deputy or a~si~am Bay Constable. tc~ the following fees shag be paid upon the issuance of a moorhtg permit, to $ize of Boat Pemit Fee upto 2bfi. ~10 -26~. to 35~.' $252 over 35 ~. .$50 ~ non-residents Copies el said kocal taw are a~adable at the office of the loan Clerk lO any ~terested persons dung business hours. NOTICE iS FURT~R EN ~at ~e Town Board of the ro~ bf Southold ~1 ~hold~2a Lo, si Ls* the So. Ca; Io~n Hall. Ma~ Road,SOPhs- ~1 old. New York. on rh~ of May, t9~3, ar 3:~ '"P.M. =at which time ~1 ~- ested persons w~l be heard. Dated:. April 5, 1983. . '. "'.' 'SOUTHOLD TOWNCLERK. ;. ~ 1T-4/14/~4t). COUNTY OF SUFFOLK STATE OF NEW YORK 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 ........................................ weeks successively, commencing on the .............. .Y.~./.,,~.. .............. day )~t-...% ...... ~ ........................ ..,, Sworn to before me this ............ !.?.:..~. ............ day of .......... .~.iJb:'~ ....................... , 19..-~-~--- ....... ........................ Nb'Cory Public