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HomeMy WebLinkAboutLL-1983 #06 ~ LOCAL LAW NO. , 1983 A Local. Law in R-elation to the Taking of Shellfish'by Guests ]BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Sub-di{zision D 'of Section 77-20-2 of Article II of the Shellfish Law of the Town of Southold is hereby amended-to read as follows: Shellfish may be taken from town waters for non-commercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dveelling such guest occupies living quarters, _provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this article, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this Article for such permanent resident. §2. This Local Law shall take effect immediately. AC 2051 (Rev. 4/81) STATE OF NEW YORK OFFICE OF THE STATE COMPTROLLER ALBANY, NEW yORK 12236 EDWARD V. REGAN S'rATE COMPTROLLER Robert Tasker, Town Attorney Town of Southold 425 Main St. Greenport, NY 119~4 August 22, 1983 Dear Sir/Madam: This is to advise that Local Law(s) No. Town of Southold for the 5,6 of 1983 5/16/83 was received and filed Associate Attorney Charters Unit KRP:dal cc: Secrerat3, of State (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlin~g to indicate new matter. ~ of ............... .s..o...u...t..h_o! .d. ........................................................................... T owl'l Local Law Ho .......................................................... of th~ }-ear 19 ~3 A local law ...... !..n....r..9.!..a..t.!9.n..t.9...t.h...e....t..a...k.[.n.~...~.f..~JaglJ.fiaJa. b.y..tq, ne. sts ............................................................... (IMastt title) Be it enacted by the .......... .T.o~x~.13.o~r.d ................................................................................................... of the (Name d Lefi~bitivo Body) gi~g of Southold .................................................. as follows: Town Subdivision D of Section 77-202 of Article II of the Shellfish Law of the Town of Southold is hereby amended to read as follows: Shellfish may be taken from town waters for non-commercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstandin~l any other provisions of this article, the ,quantity of shellfish ta--a-~-~by a ~tuest o~: ~uests shall be added to the quantity' taken by the per- manent resident accompanyin9 the 9uest or 9uests, and the total amount thereof shall not exceed, fn the aggrA~late, the ma~<imum daily quantity pre- scribed in' this Article'for such 'permane'nt 'resident. ' - II. This Local Law shall take effect immediately. additional space is needed, please ,attach sheets of the same size as this a~,d number each)'~ Page 1 (Complete the certification in the paragraph which applies to tho filing of this local law and strike out the matter therein which is not applicable.) (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No ..... 6 ............ of 1.9 of the f'q~ of Southold was duly passed by the ............. .T.o.wn..Bnar. ct ....................................... Town ...................................... (Name of Legislative Body) on .May...!0..,.1. gg3 ............. 19 ........ in accordance with the applica'ble provisions of law. (Passage by local legislativ& body with approval or no disapproval by Elective Chief Executive Officer or repassage after disapproval.) I hereby certify that the local law annexed hereto, designatedaslocal law No ..................... of 19 ........ County City of the Town of ...................................... was duly passed by 'the (Name of Legislative Body) Village not disapproved on .................................................. 19 ........ and was approved by the ....................................................... repassed after disapproval Eleetfve Chief Executive Officer and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable provisions of law. (Final adoption by referendum.) I hereby certify that thelocal law annexed hereto, designated as local law No ................... of 19 .......... County of the City of ...................................... was duly passed by the ...................................................................................... Town (Nara~ o[ Legislative Body) Village not disapproved on ................................................. 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief ~ .... tire 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 cgmlified electors voting 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,) I hereby certify that the local law annexed hereto, designated as local law No ................... of 1_9. ......... 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 ~;xecutive Officer w .............................................................. 19 ......... Such local law being subject to a permissive [cferendmn aud no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ , in accordance wilh the applicable provisions of law. *Elective Chief Executive Officer mean~ or include~ the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town, where ~ach of£wer i~ ve~ted with power to approw or veto local iaw~ or ordinances. Page 2 5. (City local law concerning Charter re~ision proposed by petition.) I hereb~ certif~ tha~ thc lin al la~ ,,aucxed hereto, designated as local law No ..................... of 19 ........ of the City of .......................................................................... l~av[ng been submitted to referendum pursuant to the 36 provisions of 37 of tile ?dunicipal tI,,me [tule Law, and Laving received the affirmative vote of a maiority special of the qualified electors of such city voting thereon at the general election held on .................................. ................ 19 ............ became operative. 6. (County local law concerning adoption of Charter. I I hereby certify that the local law annexed hereto, designated as Lo6al Law No ....... of 19 ...... of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (lf any other authorized form of final adoption has been followed, please provide an appropriate certifieation. I ~ I 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 ........... .~ ............... above. office~ designated by local legislative boa~ Date: May 11, 1983 JUDITH T. TERRY TOWN CLERK (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney o.r other authorized Attorney of locality.) STATE OF NEW YOHK COUNTY OF ......S...U...F.,F..O...t:.* ........................... 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. Date: May 11, 1983 Sign~tu~ .... RobJer.t.W... T. asker,,..T, own. A.ttorne¥ ....... Title xl~i~ . Southold Town Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD MAY 10, 1983 3:05 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN RELATION TO THE TAKING OF SHELLFISH BY GUESTS." 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: This is a proposed Local Law in relation to the taking of shellfish. COUNCILMAN MURDOCK: "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 Taking of Shellfish by Guests", which reads as follows, to wit: I. Subdivision D of Section 77-202 of Article II of the Shellfish Law of the Town of Southold is hereby amended to read as follows: D. Shellfish. may be taken from town waters for non-commercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provision Of this article, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this Article for such permanent resident. Copies of said Local Law are available in 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 a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 10th day of May, 1983, .at 3:05 o'clock P.M. at which time all interested persons will be heard. Dated: April 5, 1983. Judith T. Terry, Southold Town Clerk." I have notice of publication by Joan W. Gustavson on behalf Page 2 - Public He~ng - Local Law-taking of'~ell£ish by guests o~ The Suffolk Times. I have notice of publication signed by Patricia Wood on behalf of The Long Island Traveler-Watchman. A notice of posting of the public hearing notice on the Town Clerk's Bulletin Board signed by Judith T. Terry, Southold Town Clerk. I have a letter from the Southold Town Board of Trustees dated April 8~ 1983 to Mrs. Judith T. Terry, Town Clerk. "Dear Town Board Members: At their April 5th 1983 monthly meeting, the Board of Trustees approved a resolution to amend the Town Shellfish Law, so as to eliminate once_and £or all any confusion as to the taking of shellfish by a resident and guest.' The amendment has been drawn up by Town Attorney Tasker, and is being passed on to your office in the hopes that it will be acted on, so that it can be put into effect before our busy season is upon us. Thank you for your cooperation. Signed: Paul Stoutenburgh, President, Board o£ Town Trustees." SUPERVISOR PELL: Thank you. You've heard the reading of the Local Law. Does anybody wish to speak in favor of this law pertaining to the taking of shellfish by guests? (No response.) In opposition to? MR. ERNEST TEMPLE, Southold: Does that mean the guest could take 100 clams also besides the owner o£ the property? COUNCILMAN MURDOCK: Total. MR. TEMPLE: The total between the two? COUNCILMAN MURDOCK: Yes. MR. TEMPLE: I'm for that. TOWN CLERK TERRY: The owner is entitled to his 100 clams, but the guests would merely help him get the 100. MR. TEMPLE: That's what I.meant. I didn't want them to both get the 100. TOWN CLERK TERRY: That's why this is being enacted. MR. TEMPLE: Thank you very much. SUPERVISOR PELL: Thank you, Ernest. Anybody else wish to comment on this law? (No response.) If not, I declare the hearing closed. Judith T. Terry ~ Southold Town Clerk : ' ' LEGAL NOTICE ~' NOTICE OF' PUBLIC (: HEARING ON LOCAL LAW ~ PUBLIC NOTICE'is hereby ' given l. that there has been pre~enled lo ihe Town Board . ol the To~ n o! Souihold. SUl Io{k Co~/y. N~,~' York. on Ihe . 51h ~ay of Apr}{. 19B3. a Loca 'La~.entitled. 'A Local in Rel~hon ~o Ihe Taking ..Shellfish hy Guesls". ~ hich rea~a5 follows, to v,i. I SdbdR'~ion D ol SecHon '~7%202 o{' Arii~ie Il of the 'She~h Law o[ ~he To~,.n "Southold ~s herebx ~mended .,,r~d as foU0~: ,' :~ D. Shellfish ma~ be: taken ':'from to~,n' wa~ers for' non. -commercml p~poses ~ uhoul nbta~mg a pernuI ~erefor by a ~de~t ~hen aecompame~ b~' 'a permanenl resldeu~ tn m~hose d~ell,ng such guest occupies ..b~ mg q,Jartem, prov~deo hat .such permanent red,dcm ~s th~ holde,' ul' a vabd sheUh~h permll Nntuqrh~land~n~ 'l~ q~J~tiY~ o[ ~h~ ~dm ~h~anm ~ the ~manent r~iden[ ac- ~mpa~,~ne ~ e~ or ~u~[~ and t.h~ Inlal amn~ ~a~um Ihlg Wrt ~ r,,r Cop~es ol sa~d Local La~ arc ,av~{ab}~ a[ Ihe olhc6 o{' Town Clerk !o any Inieres!ed persons during ho~s NOTICE iS FLiRTHER GIVEN ~hat lhe To,mn Board Of the Town of Southold'wil{ ho{d a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road. Southold. New York, on the 10th day of May. 1983. at 3:05 o'clock P.M. at which time all idterekted persons wiU ~ heard, DATED: April5, 19~[ - ' JUDITH T. TERRY SOUTHOLD lTA~{~218 ' ' TOWNCLERK STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) .... ~.O.~.~...~!..;......~.~.E}~.:?...O.~ .................... of Greenport, in said County, says l~l~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 ......... o.~. ..... week(s) successively, commencing the...J.~.~hday of April 19 83 ........ Sworn to before me this ........... ,1...~.,~ ................. , A~ril day o, ......... · ....................................... 19 .......... ..8..~ ...................... HELEN K. DE VOE NOTARY PUBLIC, State of New York 1'1o. 4707878, Su{folk County · ,. LEGAL NOTICE . NOTICE OF PUBLIC :. . HEARING ON LOCALLAW h ' ; PUBLIC NOTICE is ,hereby 'i.~I given ',that there .has been i?. presented to the Town Board ~ i of the Town of $outhold,, "Suffofk County,' New York; on !?'~he 5th day of APril,' 1983, a "Loeai Law, entitled, '.'A Local. ?.: Law iri Relation tO'the Taking .! "or Shellfish by Guests,":which ~I:' /reads as follows, t0 wit: ' :;. :. I, Subdivigion D of Section ..: ;.:.77202 of Article II of the ~Shel[fish [aw of the 'To~n Southold is hereby' amended to read as follows: D. SheUfi:.h ma3' ,be laken' !i~ f~om town waters i"f~ '~lon- "commercial purpos~~t~jthout ', obtaining a Permit thergfore a guest when accompanied a permanent resident .in ,~vhose .dwelling such 'guest. .: occupies living quarters, pro- %ided that such permanent ; resident is the holder of a ~;alid · shellfish ";~etfilit~' 'N0twith- Standing any.other.prOvision of- !!':ithis article,, the'quantity of li!?ishellfish taken by ~ guest or I. guests cheil be added to the !, quantib' taken by tt'ie permau- i 1', eat resident accompanyin~ the gue.~t or guests· and the total a'mount-thereof shall not teed. in the.aggregate, thc. mafimum dm[¥ quantity pre. scnbcd in th~s Arucle for such permanent resident I j~: Copies of said Local Law are I~!! available at the OffiCe of the ~':'itToWn'Clerk to any interested · I i persons.' doting. ' business [~,i !~ours.:' ::; , :':.:' {h' NOTICE IS FuY,HER OIV- !i" EN that the Town 'Board of the: ('Town of Southold will hold a. 7. public hearing oix tbs af6resaid [: Local Law at the $outhold ii.Town Hair. Main RoaduSouth- ' , old, New York, on t'he 10th day I!:' of May, 1988, at 3:05 o'clock ir; P.M. at which' .time all, inter. Dated: April 5, 1983 ,.. [. ested .persons ;,viU 'be h~ard: ' ., JUDITH T. TERRY t SOUTHOLD TOWN CLERK [~i i _ 1T-4(14/~83(40) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TP~VELER-WATCHMAN, a public newspaper printed at Southcld, 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 ~(/-4' d~-.----~ ......................... , 19..~.~... (~x~ · ~ ...................... ~ ...... ~. ~.~_V...~'-~_~ Sworn to before me this / / ~ ................................ day of ............... q~...~.~.' .................. , 19'..~..~.. Notary PubliL,~/