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HomeMy WebLinkAboutLL-1984 #03 LOCAL LAW NO. ~, 1984 A local law in relation to mooring and anchoring of boats in West Harbor at Fishers Island BE IT ENACTED by the town board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets]). I. Sections 32-39A and 32-39B, as added by local law No. 5 of the year 1983, are renumbered Sections 32-39.1 and 32-39.2, respectively. II. Section 32-39.2, as renumbered, is hereby amended to read as follows: Section 32-39.2 Anchoring and mooring in West Harbor. [1] A__. All boats temporarily anchored in West Harbor at Fishers Island shall anchor north of Goose Island. [ 2] B___. Permanent moorings in West Harbor at Fishers Island. (1) All permanent moorings shall be located south of Buoy [N"10"] number 8. (2) No permanent mooring shall be placed unless authorized by a permit duly issued by a Bay Constable or Deputy or Assistant Bay Constable. (3) The following fees shall be paid for the issuance of a mooring permit, to wit: Size of Boat Permit Fee Up to 25 feet $10.00 26 feet to 35 feet 25.00 Over 35 feet 50.00 All Nonresidents 50.00 (4) All moorinq permits shall expire on December 31st. of the year of issuance. (5) The location of each moorinq shall be assiqned by the Fishers Island Harbor Master, who shall be appointed by the town board. (6) All moorinq buoys shall be assiqned a number which shall be affixed to the buoy by the permittee in numbers at least five inches in heiqht. III. This local law shall take effect upon its filing with the Secretary of State. (Please Use this Form for Filing your Local Law with the'SecretatT of State) Text of law sht)uld be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. r;o., f Southold ................. Town 3 of the year 19 .~. ..... Local Law No .......................................................... in relation t6 mooring and anchoring of boata in gigS.t; J:l.o.r.~.~.r...a.t..EJ. sbex'.~..laland A locallaw ................................................................................................................... -' ' ' ([lde~ title) Be it enacted by the' ' ..T...~.W.R..~gg~.gl ...................................................................................................... of the ........ (Name ~ t,elbl~.lvo Southold ........................................................................... as follows: 'ro ~11 (additions indicated by underline; deletions by [brackets]). 1. Sections 32-39A and 32-39B, as added by local law No. 5 of the year 1983., are renumbered Sections 32-39.1 and 32-39.2, respectively. II. Section 32-39.2, as renumbered, is hereby amended to read as follows: Section 32-39.2 Anchoring and mooring in West Harbor. [1] A. All boats temporarily anchored in West Harbor at Fishers Island shall anchor north of Goose Island. [ 2] B-- Permanent moorings in West Harbor at Fishers Island, (1) All permanent moorings shall be located south of Buoy IN"!0"] number 8,- (2) No permanent mooring shall be placed unless authorized by a permit duly issued by a Bay Constable or Deputy or Assistant Bay Constable, (3) The following fees shall be paid for the issuance of a mooring permit, to wit: Size of Boat Permit Fee Up to 25feet $10.00 26 feet to35feet 25.00 Over 35feet 50.00 .......... AIl~on_re_sj~.~_s. ..... - ~(lf additional s~ace is needed! [~lease attach sheets of the same size as this and number ca'ch) --r~ '- (4) All moorinq permits shall expire on December 31st. of the year of issuance. (.5) The location of each'moorinq shall be assiqned by the Fishers Island Harbor Master, who shall be appointed by the town board. (6) All moorinq buoys shall be assiqned a number which shall be affixed to the buoy by the permittee in numbers at least five inches in height. !11. This local law State. shall take 'effect upon it~ filing with the Secretary of -2- ({_'.omph.te Lhe certification in thc paragraph which applies to tile filing of this local law and strike out the renU. er flmrein which i~ not al, pliealtle.) (Fin.M adopHon hy Ira:al legislative body only.') [ hereby certif~ that the local ]aw annexed hereto, designated as loeM taw No ....... .~. ......... of 19..lt.q.. ~ of Southold was duly passed by the Town Board ........................ Town ....................................................... in accordance with the applicable provisions of law. of the March 27, lq 84 (Passage hy local legislative body With approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto, designatedas local law No ..................... of 19 ........ County (Z-ity of ...................................... was duly passed by the .: ................................................................................ of the Town (N~m, of L~gislative 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.) I 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 t~,~, of Legislative Body) Village not disapproved on ................................................... 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief lfixecutive 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 th~ special election held on ...................................................... 19 ......... in accordance with the appli- annual cable provisions of law. 4. (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 19. ........ ....... County City of the Town of ...................................... was duly passed by the ................................................................................ on (Name ot Legislative nody) Village not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disapproval It;I,.¢tiv.. Chi..I Executive (llfi~er · .............................................................. 19 ......... Such local law being subject to a permissiva referendum and no valid peri,leu requesting such referendum having been filed, said local law was deemed duly adopted on ................................................................. i .... 19 ........ 0 in accordance with the applicable provisions of law. *Elective Chief Executive Office~ me*ns or include~ the chief executive officer of a county elected on a county-wide ba,i, or. if there be none, thc chairman of thc county legislative body, the mayor of a city or village or the supervisor of a town, where such off'w'er is vested with power to approw or veto local la~a or ordinances. Page 2 (Cit) local law concerning (:hatter rt,~iMtm [}reposed by petition.) I hcreb5 ccrtifx. ~aa~ th[. lo~ :,I ! m ..:m,*xed herein, design ated as local law No ..................... of :19 ........ of the City of ................................................................. haxing been submitted to referendum pursuant to the }36 ,'.,lunici p,l Ik,me Rule Law, an~l kaving received the affirmative vote of a maiority provisions of 37 o£ ta~ -- special of the qualified electors or such city voting thereon at the general election held on .................................. ................ 19 ............ became Operative. (County local'law concerning adoption of CharterA I hereby certit'y that the local law annexed hereto, designated as Lodal 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 0f the qualified electors of the cities of said county as a unit and of a majority of the qualified ~lectors of the towns of said county considered as a unit voting at said general election, became operative. (if any__other authorized form of final adoption has been followed, please provido an appropriate certification.] ~ 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 pm'agraph ...... ) ..................... above. Oet~of the Count,/le~sl~Uvz body, City, Tg~or Villall~ Cl~l~k or officer designated by local ie~l~l&tive body Date: March 28, 1984 Judith T. Terry, Tow~ Clerk (Certification to be executed by County Attorney, Corporation Counsel, Tbwn Attorney, Village Attb~ney or other authorized Attorney of lo6ality.) STATE OF NEW YORK 'COUNTY OF .......... ..S...U...F..F- .O...L.--K.. .................... l0 the undersigned, hereby certify that the foregoing local law contains the cot're~t text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ~ .(~. ~..Robert. W.. TasKer ..... Si~tu~ .... Y.o.w. 9.6.tt. qr.n.e.¥ ......................... Title Date: March 28, 1984 ,~,,~'-"'" of ..... [~q.~..~.q../...~-.. ..................................... Town Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD March 27, 1984 3:40 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN RELATION TO THE MOORING AND ANCHORING OF BOATS IN WEST HARBOR AT FISHERS ISLAND." Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a hearing on a local law pertaining to Fishers Island. Judge Edwards, would you like to read this? JUSTICE EDWARDS: "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 29th day of February, 1984, a Local Law entitled, "A Local Law in relation to the mooring and anchoring of boats in WEst Harbor at Fishers Island," which reads as follows, to wit: BE IT ENACTED by the town board of the Town of Southold as follows: (additions indicated by underline; deletions by [brackets]). I. Sections 32-39A and 32-39B, as added by local law No.5 of the year 1983, are renumbered Sections 32-39.1 and 32-39.2, respectively. II. Section 32-39.2, as renumbered, is hereby amended to read as follows: Section 32-39.2 Anchoring and mooring in West Harbor. [1] A__. All boats temporarily anchored in West Harbor at Fishers Island shall anchor north of Goose Island. [ 2] B__. Permanent moorings in West Harbor at Fishers Island. (1) All permanent moorings shall be located south of Buoy [N"10"] number 8. (2) No permanent mooring shall be placed unless authorized by a permit duly issued by a Bay Constable or Deputy or Assistant Bay Constable. Page 2 - Public Hearing - Local Law Mooring & Anchoring at West Harbor, Fishers Island (3) The following fees shall be paid for the issuance of a mooring permit, to wit: Size of Boat Permit Fee (4) (6) Up to 25 feet $10.00 26 feet to 35 feet 25.00 Over 35 feet 50.00 All Nonresidents 50.00 All moorinq permits shall the year of issuance. expire on December 31st. of The location of each moorinq shall be assiqned by the ' ' Fishers Island Harbor Master, who shall be appointed by the town board. All moorinq buoys shall be assiqned a number which ' - shall be affixed to the buoy by the permittee ;n numbers at least five inches in heiqht. 111. This local law shall take effect upon its filing with the Secretary of State. 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 afore- said Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 27th day of March, 1984, at 3:40 P.M., at which time all interested persons will be heard. Dated: February 29, 1984. Judith T. Terry, Southold Town Clerk." Proof of publication from The Long Island Traveler-Watchman by Patricia Wood, and proof from The Suffolk Times by Susan Allan, and proof of posting on the Town Clerk's Bulletin Board by Judith T. Terry. SUPERVISOR MURPHY: Thank you, Ray. Is there anyone here would like to speak in favor of this Local Law? (No response.) In oppositi°n to it, or any comments at all on the Local Law? (No response.) Any Councilman? JUSTICE EDWARDS: I'd like to speak in favor of it. It's just a--we put the Law into effect last year. Any mooring--permanent mooring in West Harbor, south of bouy now number 8, that's whether it's a resident or non-resident has to pay a fee. The permit fee is $10.00 for boats up to 25 feet, $25.00 for boats between 26 and 35 feet. Anything over 35 feet is $50.00. All non-residents, no matter what size', is $50.00. We had over 60 permits last year. We're not issuing any new permits to non-residents this year because of the amount that we have in Wes~ Harbor now, and we're starting to get the renewals in already, and we brought in well of $1200.00 into the Town last year for these permit. Thank you. Page 3 - Public Hearin~ ~ Local Law Mooring & Anchoring at West Harbor, Fishers Island SUPERVISOR MURPHY: Thank you, Ray. Is there any other comments on this Local Law that's been proposed? (No response.) If not, I'll close this hearing. udith T. Terry ~ Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW me Town Board of the Town of Sonthold, Suffolk County, N,e,w. York, on the 29th day of February, 1964, a Local Law entitled, A Local Law in relation to the mooring and anchoring of boats in West Harbor at Fishers Island", which reads as follows, to wit: BE IT ENACTED by the tovm board of the Town of Sonthold as follows: (additions indicated by underline', deletions by [brackets] ). I. Sections 32.39A and 32.39B, aS 5ddnd by local law No. 5 of the year 1983, ars ronumbored Sections 32-39.1 and 32-39.2~ re- spnctively. II. Section 32-39.2, as ronumbored, is hereby amended to read as follows: Snction 32.39 Ancboring and monring in West Harbor. [1] A. All boats temporarily anchored in West Harbor at Fishers Isinnd shall ancbor ncrth of Goese Island. [2] B. Permanent moorings in West Harbor at Fishers. ~'parmam~t monrings shall be located south of BuSy [N"I0"} mm~ber S, (2) No permanent ~shall be pinced unleas au- thoriasd by a permit duly issued by a Bay Con- stable or Deputy or Assistant Bay Csrmtable. (3) The following fees shall be paid for the issuance of a mooring permit, to wit: Size of Boat Permit Fee Up to 25 feet $10.OO 26 f~et to35 test $25.OO (4) All mooriml _o~m_n_its ~h~ll ex}mire on December (5)x],~ ,~m~,~.~e~,.~,.,,~, '~s~ll be ~ ~ ~ ~w a~ av~hie ~ ~ ~fice of ~ To~ To~ ~ ~d ~ ~ s ~c ~ on ~ af~id ~1 ~w at ~ ~d ~ ~, ~ ~d, ~ld, N~ Yo~; 0n ~ ~ ~y ~ ~ ~, at ~:~ P.M., at w~ ~me a~ DASD: Pe~ ~, 1~. ~ T. ~Y 1~1~10 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) SUSAN W. ALLAN of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ] day of March 1984 Principal Clark Sworn to before me this 15 th dayof March 1984 LOCAL LAW 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.,~th day of February, 1984, ~ Eocal Law entitled, "A Loc~ Law in relation to the ~g and anchoring of b0~ .in Wes~i, Harbor at Fishers 1~,,' which reads SE' rr ~'~.c~'~o'~,y thc ~own~ ~ ~ ~Town or bored and 39-39.2. I H. to mad as Section 3239,2 and mooring in West Hm'bor. [1] A. All boats aporarily anchored in We~ ,-i~bor at Fishers Isls~id .all anchor north of Goose [2] B, Para' ,en~ moorings in: West H~ ,or ~ l~hm (1) All permanent moorings shall be' located south of Buoy [N"10" ] numbut 8. (2~ No permanent mooring shall~e placed unless anthor- ized by a permit du},.l[ issued by a l~-;C~nstible oi~Ik~pat~ or Asset Bay Con~ble. (3) The following 'f~es shall be paid.for the tssuance of a mooring l~,,~,lt, to wit: Size of Boat Permit Fee Up .to 25 ft. $10. 26 ft; to 35 ft. 25. All nonresidents 50. (4) ~n nu~s ~ sbuu exl~ ~m Deoomb~ 31st of One y~ .~' i~uanee. n~ dud],~ udgned by :(6) ~B nm~ans buoys slam ,h~ ma~n~d a numh~ wMeh s~dllm alihed to ~!~ buoy by i,f~t~ t~o ,,,dm tn h~sm. Ill. ~his Io~al law shall take effect upon its filing with the Secretary of ~tate. Copies of said Local Law are available in,the Office of the hours. NOTICE IS FURTHER G1V. EN that the Town Board of the Town of Southold will hold a publia heating on the aforesaid Local Law at the SoUthold Town Hall, Main Road, South. old, New York, on the 27th day of March, 1984, at 3:40 P.M., at which time all interested persons will be heard. DATED: February 29, 1984. JUDITH T. TERRY SOUTHOLD TOWN CLERK IT-3/15/84(4) COUNTY OF SUFFOLK ss: 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 ............ f~..c~.. ................ day of ............. ......................... Swam to before me this ...............{~.~ .......... day of k%~,~ ~9...~.~ ~ a2'93~1725 ~es~dm~ in S~ffolk ~mmJ~i0~ EX~ire~ Ma~C~ ~0,