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HomeMy WebLinkAboutLL-1990 #30LOCAL LAW 30 . 1990 A Local Law in Relation to Shellfish BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 77 (SHELLFISH) of the Code of the Town of Southold is hereby amended as follows: 1. Section 77-211 (Dredges and Scrapes) is hereby amended by adding a new subsection 77-211.2 to read as follows: 77-211.2 No person shall remove beach grasses or wetland vegetation of any kind. nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Trustees of the Town of Southold. II. This Local Law shall take effect upon its filling with the Secretary of State. RYS DEPARTHENT OF STATE BUREAU OF STATE RECORDS 162 Washington Avenue Atbany, RY 12231-0001 DATE: 1/16/91 JAB 9 4 1991 Local Law Acknowledgment Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attention: Judith T. Terry DOS-236 (Rev. 6790) _1 itUoR I C 1TPoA~F Y O f Southold CAL LAW(S'~O. I YEAR 30 & 31 I 1990 FILING DATE 1/4/91 The above-referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. (Ple~Lse Use this Form for'Filing your Local Law with the Secretary o! Stnte) Text of law should be given as amended. Do no( include matter being eliminated and do not use !taiics Or underlining to indicate new matter. ~ o[ Southold ................. ¥~ Local Law No ........ .3.0. .............. 0! the ~e~r 19 ~.0 ........ Alocailaw ............ In Rglation to Shellfish. (Insert title) Town Board ........................ of the Be it enacted by the........ .................................... .. . (Name of Legislative Body) (~mmt~ Southold ........... as follows: ~Jty~ of ......................................................... Town ....... I. Chapter 77 (Shellfish) of the Code of the Town of Southold is her'eby amended as follows: 1. Section 77-211 (Dredges and Scrapes) is hereby amended by adding-a new subsection 77-211.2 to read as follows: 77-211.2 No person shall remove beach.grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southoid without prior written approval by the Board of Town Trustees of the Town of Southold. II. This Local Law shall take effect upon its filing with the SC~cretary of State. (If additional space is needed, please attach sheets o! the same size as this and number each) (COmplete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not appiicabi.e..) 1. (Final adoption by local legislative body only.) I hereby certify that thc local law annexed hereto, designated as local law No. · .3.0. .... of 19911 ..... ~I~YX Southold was duly passed by the To.w.o. l~.O~ rd .......................... of the Town of ................ ' ..... (Nameof Legislative Body) on ...D.?.-c-e- -m.-b--e- F.-'2- '8-~ ...... 19 .9.0. ..... 'in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Of[icer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........ County City ............................ ........ ' ' '(Name of L~gislative Body) of the Town of ........ was duly passed by the .......... 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 . . City was duly passed by the ......................................... o! the Town of ................ (Name. of Legislative Body) Village not disapproved 19 and was approved by the .. J .................... ........ ' ' ¥lective Chief ~x~uti,.'e Officer* on ............................. repassed after disapproval 19 ..........Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general ................... 19 in accordance with the applicable thereon at the special election held on .......... · ........ annual 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 19 ........ County City ...... *(Name of Legislative Body) of the Town of ................ was duly passed by the .................................. Village not disapproved on ............................. 19 ........and was approved by the ............................ repassed after disapproval Elective Chief Executive Officer* on .................................. 19 .......... Such local law being sub,eot to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted .19 ......... in accordance with the applicable provisions of law. *Electi~e Chic! Executive Officer means or includes the chief executive officer o! a county elected on a county-wide basis or, il there be none. the chairman o! theeounty legislative body, the mayor o! a city or village or tke supervisor o{ a town where such o[[icer is vested with power to approve or veto local laws or ordinances. (2) o (City local law concerning Charter revision proposed by petition.} of 19 ........ ! hereby certify that thc local law annexed hereto, designated as local law No ......... of the City of ................................. having been submitted to referendum pursuantvote tool rhea provisions of 37 of the Municipal Home Rule Law, and having received the affirmative special majority of thc qualified electors of such city voting thereon at the general election held on ............ ............ 19 ......... became operative. (County local law concerning, adoption o! Charter.) ercto designated as local law No..3.0. ..... of,199..0. ...... I hereby certff..v th~a_t,t,h.e local law ann~exed h_~ ,~;~ York, having been submitted to the El. ecto_~ at. of the County of · · ?.u. ~.~.O.l.~. ,... '-,'.. ' btat,ea°~9 ..... uant to subdiws~ons 5 and 7 ol section .~ o~ General Election of November ...~ .......... ~ ....... Municipal Home Rule Law, and having received thc affirmative vote of a maiority 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 form of final adoption has been followed, please providean appropriate certifica- tion.) I further certify that I have compared thc 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. Date: December 28, 1990 Judith T. Terry, Town Clerk (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK ...... rsi ned, hereby certify that the foregoing local law contains the correct text and that al I, the u,.nde .g _ ,_~_ ~d or taken for the enactm~nt of th~ local law annexe/d, hereto. proper proceealngs nave oc~, . ......... '~' '[ '~ Signature Matthew G. Kiernan, Assistant Town Attorne: Title Date: December 28, 1990 Town of Southold -- (3) PUBLIC HEARING SOUTHOLD TOWN BOARD December 28, 1990 2:30 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO SHELLFISH". Present: Absent: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilwoman Ellen M. Latson (out of town) SUPERVISOR HARRIS: The first public hearing is a "Local Law in Relation to Shellfish". Judge Ray Edwards will read the affidavits and proof of publication. JUSTICE EDWARDS: The proposed "Local Law in Relation to Shellfish" reads 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 11th day of December, 1990, a Local Law entitled, "A Local Law in Relation to Shellfish". 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 28th day of December, 1990, at 2:30 o'clock P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Shell- fish" reads as follows: BE IT ENACTED by the To~n Board of the Town of Southold as follows: I. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby amended as follows: 1. Section 77-211 (Dredges and Scrapes) is hereby amended by adding a new subsection 77-211.2 to read as follows: 77-211.2 No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Trustees of the Town of Southold. II. This Local Law shall become effective upon its filling 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: December 11, 1990. Judith T. Terry, Southold Town Clerk." Proof of publication, Suffolk Times on the 20th day of December, 1990. Proof of publication, Long Island Traveler-Watchman, and proof Pg 2 - PH LL in relation to Shellfish of posting on the Bulletin Board at the Town Hall. I see no letters pro or con. SUPERVISOR HARRIS: As was stated, this Local Law change has to do with removal of beach grasses, and wetland vegetations, of any kind. It, also, has to do with spoils being placed thereon. Is there any member of the audience, that would like to speak in favor or against this Local Law change? (No response.) Hearing none, I declare this public hearing closed. - Judith T. Terry ~' Southold Town Clerk ON LOCAL LAW PUBLZC NOTICE IS HEREBY ~ ~ l~wn Boa~l of the Town of · mn~ldM, ~u~{k Coumy, New Y~dt, em dim Iith day e~ Decemb~ 1990, a MO~I~E IS FURTHER GIVIN d.m b Town Board ~f the 'bug d Smtdndd Town HaH, Main Road, imm d bmmmml par- mm ~nbhmd. L mmndaf u fdlows: i. Sec~ "/7-2t I (Dredp~ md Scn~e~) is bm~ mmmbd ~ addinI a new subsemhm '/7- 211.2 to n~d as f~k~m,,~ 77-211.2 No petsmm shaB knd ,~,Se~ el' m,/Id,d, nor pi~:e sp~ii thm,~m, in ~n q~a] by the bed ~ Trustees of the Tm of ~my ~SL~e. to my ime~.~ pem~rd durtuJ b~i~ ness h0~, DATJt~, Demmlm~ 11, 19JO, STATE OF NEW YORK} )SS: COUNTY OF SUFFOLK} Sharon Rock of Mattituok, ln ~aid CountY, being duly ~vorn, ~ya that he/she Im Prlnolpul Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published at Mattituck, in tho Town of Southold, CountY of Suffolk end 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 _ 1 _ weeks successively, commencing on tho 20 day of December 19 9~0 _ /~rinclpul C~led~ COUNTY OF SUFFOLK ss: STATE OF NEW YORK LEGAL NOTICE NOi'iCE OF etmuc ezAmNc ON lOCAL LAW · PUBLIC NOTICE IS ~Board of the To~v~ of ~outhold, Suffolk Com~, ~ York, 'rthe l~ day Of ~, t~0, a Local Law en~ ',,A 1Lee~ NOTICE IS FURTHER myEN m~ the ro~ ~ard of the ~ Of $outl~ld ~11 hold H,m, ~ P,~d; Southold. .~.'s Relation to Shellfidt" re~ds as follows: 'BE IT ENA~;i'J!iD by the Town Board of the Ibwn of Southol~r ns foil°ws: L Chal~er 77 (ShellfL~h)~of th~ Code of the TOWIi of Southold is he.by amended as followsf 1. Sectiq~l 77-211 {DiCes and ~ is ~n~nd- ed b~ add,n_~ a neW ~ubs~ion 77-211.2 to mad as 77-211.2 No person Shall ~' ~ ~ or ~d vesetatisn of an,/kipd nor of the 'Towlt Of Soath0ld withoUt pri~r written aproval by the Boan:l of Trustees of the Town of Southold. Ii. r~s ~ effect Ilpon, its fil~ wi~h the Secretary 0f Stat~ Copies of this Local Law are available in the Off'~e of the Town Clerk to any persons durins businmm hour~ DATED: December 11, '1990 JUDITH T. TERRY SOUTHOLD TOWN CLERK IX-12/20/900D Patricia Wood, being duly sworn, says that she is the Editor, df 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-Watchman once each week for ................... ~ ....... weeks successively, commencing on tlae ....... .e~.~. ~ ......... day o,'.... .... ............ ,, ..... Sworn to before me this ..................... day of Notary Public BARB~RA A. NOTARY PUILIC, ~ata of No, 4806846 Qualilied i~ Suffolk ~ Commiss~n