HomeMy WebLinkAboutLL-1987 #11LOCAL LAW NO. 1987
A local law in relation to
parking permits at beaches
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 65-3 (Parking Permits), Subdivision A, of Chapter 65 of the Code of
the Town of Southold is hereby amended to read as follows:
"A. Resident parking permit.
(1)
A resident parking permit shall be issued by the Town
Clerk or a person designated by her to all persons who
are qualified residents of the Town of Southold. Persons
applying for a resident parking permit shall be requested
to sign an application in affidavit form and submit for
inspection the following as proof of residence:
A valid tax receipt stub for the current year
for any taxable real property within the Town of
Southold assessed in the name of the applicant.
(b)
A valid motor vehicle registration in the name of
the applicant and to an address located within the
Town of Southold or to an address corresponding
to the address of a validated tax receipt stub for
the current tax year for any taxable real property
within the Town of Southold affixed to the application.
(c) Such other proof of residence as is satisfactory to
the Town Clerk."
I1. This local law shall take effect upon its filing with the Secretary of State.
~ECEIVED
SouthotrJ Town Clerk
8/28/87
Local Law(s) No 10, 11 & 12
Yea~-- 1987 ~--
Municipalily T(y.,qrl o:~ S ~'loliiL~
Please be advised thai the above-referenced material was received attd filed by
this office on __7Z23~8~ ........
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Deparlment of State
Bureau of Stale Records
{P~ease Use this Form for Filing yaur ~oca! haw ~Ath the Secretary of State)
Text o£ law should be given as amended. ~o not use bracke~:s ~or matter-to be eliminated'and do not
use italics for new matter.
of ........... .............................................................................................
TOWB
Local Law No. ........J.J .............................................. of the year 19 .8..7. ........
Be it enacted by the ................................. .T.o.w.O...B.o. ar.0 ............................................................................. of the
of ................................................................ .S...o...u..t...h..o..[.d.. .......................................................................... a, onow :-
I. Section 65-3 {Parking Permits), Subdivision A, of the Town Code of the
To~n of Southold is hereby amended to read as 'follows:
"A. Resident parking permit.
[1)
A resident parking permit shall be issued by the Town
Clerk or a person designated by him to all persons who
are qualified residents of the Town of Southold. Persons
applying for a resident parking permit shall be requested
to sign an application in affidavit form and submit for
ins,~ection the Following as proof of residence:
A valid .tax receipt stub for the current year
for any taxable real - ~ ~,*
p~,~p~r~_y within the Town of
Southo~d assessed in the name of the applicant.
(b)
A valid motor vehi'cle registration in the name of
the applicant and to an address located within the
Town of Southold or to an address corresponding
to the address of a validated tax receipt stub for
the current ~ax year for any taxable real property
within the Town of Southold affixed to the application.
{c) Such other proof of residence as is satisfactory to
the Town Clerk."
II. Section 65-3 [Parldng Permits) of the Town Code is further amended by adding
a new Subdivision F, to read as fo!lows:
"F. Non-resident seasonal beach parking permit.
Beach parking permits for non-residents for the period April 1
through October 3'!. may be issued by the Town Clerk of the Town of
SouthoId upon app¢ication therefor for the annual sum of fifty ($50.)
dollars, which annual sum shall inciude both the -vehicle and the boat
trai let."
III. This local law shall take effect upon its filing with the Secretary of State.
~"(If additional sl)ace is needed, please attach sheets of the same size as this and number each)"v;~
(CompMte the certification in the pa,'~tgraph which applies to the filing of this local htw and strike out the
matter therein which is not applicah!c.)
IT,.
t.
of the
adoption hy .luca} legislative body ouly.)
I hereby certify that the local law annexed }iereto, designated aslocal !aw .No .... .~.! ........... of ~9..8.7....
of ....... ............
own
on July t~. 19.....8..7.
, Town Board
was duly passed r~y ..................................... : ......................................................
(Name 6f LegiMative Body~
in accordance with the applicable provisions of law.
(Passage by local legislative body witl, approval or no disapproval by Elective'C:uef Executive Officer
or repassage after disapproval.)
2. ] hereby certify that the local law annexed hereto, designatedaslocal!awNo ..................... of [9 ........
County
City
of the Town of ...................................... was duly passed by ............................................................................................
Village (.~m~ of Legislative Body)
not disapproved
on ................................................. 19 ........ and was apuroved by the .......................................................
repassed after disapproval Zle~tiw. Cthief Executive Officer
and was deemed duly adopted on ......................................................... ~9 ......... in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
3. I herebycertifythat tile local taw annexed hereto, designatedaslocal !aw No ................... of 19 ..........
County ~ .
of the City of ...................................... was duly passed by the ...................................................................................... -
Town (Name of l..egislati'ee Body)
Village
nor disapproved
on ....................... 7 ......................... i9 ........ and was approved by the ...............................................................
repassed after disapproval me0~iv~ Chief ~xecutive 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 ...................................................... 59 ......... in accordance with the appti-
annual
cable prowsions of !aw.
(Subject to permissive referendu:n and final adoption because uo valid petition filed requesting
referendum.)
4. I hereby certify that the local law annexed heret% designated as local law No ................... of 19. .........
County
City
of the Towu of ...................................... Was duly passed by the ................................................................................ on
;Name of Legislutive nody]
Village
aot disapproved
...................................................... [O ...... and was aDt~roved by the ......................................................... on
rr'pass('d a[tor dis3ppl'ovn[ F:l,,,qi~, Chh. f t.;~,.,'miv,, Offi,:cr
.............................................................. FJ .......... Such local taw 1,,ing mib~ocl ~o n permissive rpFeroudum and ,o
...................................................................... 19 ........ , in accordance with the a?licable provisious of law.
*F]Icctive Chief Executive Officer means or includes tile chief executive officer of a county elected
on a couut~-wide basis or if there be nnne the ehairmau m the board of supervisors, the mayor of a
city or village or the supervisor of a town, where such officer is vested with power to approve or
veto local laws or ordinances.
(Cit.~ local l'aw eoneerniaL~ {;hatter re~isiua proposed hy petition.)
~. ,. ~ .~:m. xed }m~'~to, designated as local law No. of 19 ........
of t}.. City o~ ......................................................................... '.:ax[r,~ }~een submitted to referendum pursuant t~ the
36 ...... ),lun[~-l[,A Ii ,r,e [/ule Lo~ al.! lmvinr received the affirmative vote of a majority
provisions of ~ 3'7 ~
of the cma!ified elector's of such city voting thereon at the special election held on
................ ~9 ............ became onerative.
(County local law concerning adoption of Charter.}
6. [ hereby certify that the local [a~v annexed hereto, designated as Local Law No ....... ol' 197 ... of the
County of ......................................... State of Now York. !',.avh g been submitted to the Electors at the
General Election of November ........... [9 ...........pursuant to subdivisions 5 and 7 or'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 :~s a unit and of a majority of the qualified electors of tho 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 provide an appropriate
certification.)
[ lumber certify that I imve compared the preceding local law w;~th the ori~.nal oa file in this office
and that ~he 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.
~'- CFerk of the Board of Supervisors, City, T~]f or Village Clerk or Of[icer
designated by ..ocar Leg~l.l'~tive Body
Judith T. Terry. Town Clerk
Date: July 15, 1987
(.Seal)
(Certification to be execnted by County Attorney, Corpora[ion C,o~!nsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ..S. .... EO,,-K .............................
l, the undersigned, hereby certify that the foregoing local [aw contains the correct text and that all
proper proceedings have been had or taken for the enact~lent ~f the !ocal !aw annexed hereto.
tg;'¥% of ................... Sou.thold .........................
Dated: July 15. 1987
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JUNE 30, 1987
8:04 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO PARKING PERMITS
AT BEACHES."
Present:
Absent:
Deputy Supervisor Frank A. Kujawski, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Terry
Supervisor Francis J. Murphy
Councilman James A. Schondebare
DEPUTY SUPERVISOR KUJAWSKI: This is a hearing on a "Local Law in relation
to Parking Permits at Beaches," to be read by Councilwoman Cochran.
COUNCILWOMAN COCHRAN: "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 16th day of June, 1987, a Local Law entitled, "A Local Law in relation to
Parking Permits at Beaches." 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 30th day of June, 1987, at 8:04
o'clock P.M., at which time all interested persons will be heard. This proposed "Local
Law in relation to Parking Permits at Beaches" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Section 65-3 (Parking Permits), Subdivision A, of Chapter 65 of the Code of
the Code of the Town of Southold is hereby amended to read as follows:
"A. Resident parking permit.
(1) A resident parking permit shall be issued by the Town Clerk
or a person designated by her to all persons who are qualified
residents of the Town of Southold. Persons applying for a
resident parking permit shall be requested to sign an application
in affidavit form and submit for inspection the following as proof
of residence:
(a) A valid tax receipt stub for the current year for any taxable
real property within the Town of Southold assessed in the
name of the applicant.
(b) A valid motor vehicle registration in the name of the applicant
and to an address located within the Town of Southold or
to an address corresponding to the address of a validated
tax receipt stub for the current tax year for any taxable
real property within the Town ol~ Southold affixed to the
application.
(c) Such other proof of residence as is satisfactory to the Town
Clerk."
Page 2 - LL - Parking . ~-rmits
Il. Section 65-3 (Parking Permits) of the Code of the Town of Southold is further
amended by adding a new Subdivision F, to read as follows;
"F. Non-resident seasonal beach parking permit.
Beach parking permits for non-residents for the period April 1 through
October 31 may be issued by the Town Clerk of the Town of Southold
upon application therefor for the annual sum of fifty ($50.) dollars,
which annual sum shall include both the vehicle and the boat trailer."
III. This local law shall take effect upon its filing with the Secretary of State.
Copies of this Local Law are available in the Office of the Town Clerk to any interested
persons during business hours. Dated: June 16, 1987. Judith T. Terry, Southold
Town Clerk."
I have an affidavit that it was published in The Suffolk Times, and also in The
Long Island Traveler-Watchman. I have an affidavit by our Town Clerk Judith Terry
that it was posted on the Town Clerk's Bulletin Board. I have no further written
comments. That's it.
DEPUTY SUPERVISOR KUJAWSKI: Thank you, Jean. Are there any comments from
the audience regardling Beach Parking PermitS? Mr. Lowry.
TOM LOWRY: Tom Lowry from New Suffolk. I have a letter from the Civic Associa-
tion that I would like to read. "Many residents of our hamlet are interested in the
question of parking permits at our local beaches, and we urge that this hearing be
postponed until there has been sufficient notice given to enable them to plan to attend
a public hearing. Many questions arise in connectionw ith the parking permits: Will
there be a limited number of season permitS issued? Will the daily permitS continue
to be issued? What beaches in the Town will be included in the new proposal? Will
not the relatively high fee proposed favor well-heeled visitors? Will not the new
proposal conflict with the declared policy of the Town (Section 65.1 of the Town
Code): "The use of such facilities (that is the beaches) by persons other than
residents has increased to such an extent that such facilities have become overcrowded,
with the result that residents are denied the use thereof. The Town Board therefore
declares it to be the policy of the Town of Southold to restrict and regulate the parking
of vehicles in the parking areas adjacent to the bathing beaches and recreational
facilities..."? Signed, Linda Fletcher, President... I guess our question is, New
Suffolk has a public beach and a ramp, and we are a small community. And w~re
uneasy when a change is proposed anyway, and it's proposed with little notice. We
get uneasy.
DEPUTY SUPERVISOR KUJAWSKI: I think, Mr. Lowry, you probably---and correctly
so. One reading the newspapers might have anticipated, per se, but I think the
change was very minor, if I'm not mistaken.
COUNCILMAN STOUTENBURGH: Let me tell you about the change, Tom. What has
happened here is that people come and use our beaches to fish. This is basically
what we're talking about. People who come early in the morning, 4:00 o'clock in the
morning. They come in to our parking lot and they don't pay a fee, and so what
we're trying to do is to catch that fee so that the person can buy a year permit
and we then have that sticker on his car and he is then legal. Do you follow my
point here? Just non-residents. So we don't have many of these, but it's a problem
for our police to go ahead and check, because they check every beach. They go
there at say 8:00 o'clock in the morning, they see the car there, it doesn't have
a permit. The man couldn't get the permit from the attendant because he came at
say 4:00 or 5:00 o'clock in the morning. So what we're saying is, "Look, come into
our Town Clerk's Office, buy a permit from Judy."
TOWN CLERK TERRY: We won't sell many of these.
Page 3- LL- Parking . ~rmits
COUNCILMAN STOUTENBURGH; We'll sell maybe five of them or something like that,
because you don't get that many regular people who will put that kind of money out.
And that's the only change that's in there. Everything else remains the same.
DEPUTY SUPERVISOR KUJAWSKI: In essence I think, in other words it would decrease.
TOM LOWRY: We really don't have to worry then?
COUNCILMAN STOUTENBURGH: No. It's really no change.
TOM LOWRY: Cross your heart.
COUNCILMAN STOUTENBURGH: Keep up the good work.
DEPUTY SUPERVISOR KUJAWSKI: Or Linda's doing a good job. Someone's doing
a good job.
TOM LOWRY: Linda can't type.
DEPUTY SUPERVISOR KUJAWSKI: I know somebody who can. Okay. Yes, is there
anyone else who would have a comment about this? Mr. Leary?
PAUL LEARY: My wife and I own two parcels of property in the Town of Southold.
One is 85 feet of beach front on Fleets Neck. If I lived there I would say, "1 don't
care what they do down at the Town beach." I live at the end of Second Street
in New Suffolk and the Town beach is at the end of First Street. Town policy as
described in---is this an Ordinance or a Code? What is it?
COUNCILWOMAN COCHRAN: A Local Law.
PAUL LEARY: A Local Law. As Mr. Lowry said, "the use of such facilities by persons
other than residents has increased to such an extent that such facilities have become
overcrowded, with the result that residents are denied the use thereof." Now I
ask you how many of you use local beaches yourselves. Come down to New Suffolk
on a Saturday or a Sunday and you will not be able to get your car on that beach
if you get there after noontime, because you have already made exceptions to the
Local Law in here by saying, "non-resident permits..." "One day non-resident parking
permits may be issued for the parking of vehicles on the parking areas at Southold
Town Beach, Norman Klipp Park, and New Suffolk Beach, to any person by the attendants
on duty at such parking areas." And New Suffolk is not in the same classification
as Norman Klipp Park. You can park 500 cars up there and not be overcrowded.
In other words, you want to make another exception to this law which is unfair to
the people who live in New Suffolk. You're saying New Suffolk is not such a big
viable place that we have plenty of parking space down there for people. It was
reported in the local press a year ago that Mr. Stoutenburgh said, "If we had the
funds we'd pave the place over, but in the meantime the local attendant will direct
parking other where." Where else are you going to direct parking to? I think the
time has come to get back Paragraph 1 of Policy, and limit the Town beaches to the
resident taxpayers, and not to daily people, whether they buy a daily or seasonal
permit. Thank you.
DEPUTY SUPERVISOR KUJAWSKI: Thank you, Mr. Leary. Are there any other
comments regarding this change?
Page 4- LL- Parking , ~rmits
TOM LOWRY: Would it be possible to amend this amendment in such a way that the
seasonal permit are restricted to the people who get there early, so that maybe Paul
won't be unhappy about the people arriving at noon on Saturday or Sunday?
DEPUTY SUPERVISOR KUJAWSKI: I don't know if it's possible to amend it now that
we're having a ,bea~ng on the way it's already typed up and constructed. Modifications,
of course, can always be considered.
COUNCII-M^N PENNY: We will refer the comments--and all of this goes into the public
record--and it will go back to the Code Committee, and before it's voted on thoroughly
discussed.
PAUL LEARY' One other thing I must say that bothers me. New Suffolk is also
contemplating a million dollar plus development that nobody has seen the ~inal site
plans for, and I'm concerned that there's not enough on-site parking for what is
in mindi there. If I was spending a million dollars plus to develop an area in downtown
New Suffolk, a thousand dollars or two thousand dollars in seasonal parking permits
at the Town beach would be out-of-pocket money petty cash, so that if I had a problem
with people who didn't have a parking space on-site, I would say, "Go to the dock
master and he's got a permit for you. Go down there and park all day as long as
you like, because this is now the Town Code." The area there is not big enough
as it is. We don't want it any bigger. And there's got to be something in this
situation here that you are suggesting that favors the non-resident out-of-towner.
I have to take time out from work to come down here, bring my tax bill, bring my
car registration, and get a permit for the beaches and dumps, yet you giving the
non-resident a better deal than I got. He can go down to the beach there any day
of the week he wants to and get on that beach for four dollars or eight dollars,
if he has a trailer it's eight dollars as I understand it. And when is he going to
use his trailer and his car? It's going to be between April the 1st and October the
1st. It's ten or twelve weekends. It's a hundred dollars. But now you want to
give him the same bargain for fi~y dollars, and I don't think it makes sense, number
one, to give him access to the beaches, or the ramp, for such a bargain.
DEPUTY SUPERVISOR KUJAWSKI: Are there any other comments? Any of the Town
Board members? [No response.) Okay, we will close this hearing.
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LO~AL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there,has
been ~ te ~e T~nvn
Local Law entitled, "A 7Local
Law in relation to Parkin Per-
mits at Beaches."
NOTICE IS FURl HER
GIVEN that the Town 1~ rd of
the Town of Southold will I old a
public hearing on the afro esaid
Lacal Law at the Southold ['own
Hall, Main Bead, Southold New
York, on the 30th day of luna,
1987, at 8:04 o'clock P.I L, at
which time all intereste~ per-
sons will be heard.
This proposed "Local L~w in
relation to Parking Permits at
Heaches reads as follows: I
BE IT ENACTED by the ~own
Board of the Town of Soqthold
as follOWs:
l. Section 65-3 (Parking]Per-
mits), Subdivision A, of Chap-
tar 65 of the Cede of the [Town
of Southold is hereby amended
to read as follows: !
"A. Resident parking permit.
(1) A resident parking permit
shall be issued by the[Town
Clerk or a person designated
by her to all persons who are
qualified residents of the
Town of Seuthold. Persons
applying for a resident park-
lng permit shall be requested
to sign an application in al-
fidlvit form and submit for
inspection the following as
proof of residence:
la) }, valid tax receipt stub
for the current year for any
taxable real property within
the Town of Southold asses-
sad in the name of the appli-
Ib/A valid motor vehicle reg-
istration in the name of the
applicant and to an address
located within the Town of
Southold or to an address
corresponding to the ad-
dress of a validated tax re-
ceipt stub for the current ax
year for any taxable real
property within the Town of
Southold affixed to the ap-
plication.
lc) Such other proof of resi-
deuce as is satisfactory to
the Town Clerk."
1I. Section 65-3 (Parking Per-
mits) of the Code of the Town of
Southold is further amended by
adding a new Subdivision F, to
read as follows:
"F. Non-resident seasonal
beach parking permit.
Beach parking permits for
non-residents for the period
April i through October :il
may be issued by the Town
Clerk of the Town of Southold
upon application therefor for
th~nual sum of fifty ($5/) I
dollars, which a~usl sum
~K )
) SS:
LK )
ITJ25-5640
Richard Willlama __ of Greenport, in
said County. being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper. pubiished at 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 ~L
weeks successively, commencing on the 25~ch
day of J~lne 19_~_
Principal Clerk
Sworn to ~fore me this--~
LEGAL NOTICE
NOTICE OF
PUBLIC HEARINg ~
P~I~LIC NOTICBff IS
nE~Y air .F~n t~t ~ h~
~s~t~ to the,
~ bf the ~n of
Suffolk County, N~ York, on
the l~h ~y qf Ju~ 19~7, a
~1 ~w ~t~tl~, "A ~ai
~w in ~latio~to ~rki~ ~r-
mits at ~h~:'
EN that the ~ ~ of the
Town of Sol'bid ~11 hold a
public heating bn the afOm~d
~ ~w at the ~uthold ~n
H~i, M~n Road, ~uthoid,
N~ York, on
P.M., at
ed
This
relation
BE IT ~the
Town Board
Southold as fo
I. Section 65i3 (Parking Per-
mits), SubdiVision A, of
Chapter 65 of ~he Code of the
Town of Soutbold is hereby
amended to read as follows:
"A. Resident parking permit.
(I) A resident parking permit
shall be issued by the Town
Clerk or a person designated by
her to all persons who are
qualified residehts of the Town
of Southold. P~rsons applying
for a resident ~arking permit
shall be requested tO sign an ap-
plication in affidavit fo~m and
submit for iaspection the
following as probf of residence:
(a) A valid ta~ receipt stub for
the current year for any taxable
real property within the Town of
Southold assessed in the name
of the applilca}a~.
(b) A vali~']mOtOi- vehicle
registration ~n~tbe oame of'~he
applicam and ~to ~ address
located 1~thin [ the~n=~ of
Southold or to ~n address ~or-
responding' ~o tl~e addn~s Of a
validated tax.pt stub fet the
current .tax year for any taxable
real property ~it~lin the Town of
Southold affixed to the
apPlication.
(c) Such other proof of
Town Cl~r~:'
11. Section 65-~3 (Parking Per-
mits) Of the Code of the Ibwn
of Southold is further amended
by adding a new Subdivision F,
to read as follows:
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 tbe annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ................ ~. ......... weeks
successively, commencing on the ........ . .~..j_..c~. .......
day o~ .... ,19 ~P7 ~--..
Sworn to before me this ~,5- c~ day of
..... ...........
.................. ~.c~ ........... Notary Public
BARBARA FORBES
Notary Fub;ie, State of New York
Commission Y-'xpires ~ ?/19 ~f
"F. Non-resident seasonal
beach parking permit.
Beach parking permits for
non-residents for the period
April I through October 31 may
be issued by the Town Clerk of
the Town of Southold upon ap-
plication therefor for the annual
sum of fifty ($50.00) dollars,
which annual sum shall include
both the vehicle and the boat
trailed'
Ill. This local law shall take
effect upon its filing with the
Secretary of State~
Copies of this Local Law are
available i'n the Office of the
Town Clerk to any interested
persons during business hours.
DATED: June 16, 1987
JUDITH T. TERRY,
SOUTHOLD TOWN CLERK
IT-6/25/87(6)