HomeMy WebLinkAboutLL-1991 #11LOCAL LAW NO. 11 . 1991
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 77-205(C) is hereby amended to read as follows:
Churning by power may not be employed in the taking of soft
clams on land below high-tideline in town waters.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
NYS DEPARTMENT OF STATE
BUREAU OF STATB RECORDS
162 Wash(ngton Avenue
Albany, NY 12231-0001
DATE: 6/11/91
REC~,VED
JUN 1 4 lgg~
Town of Southold
LOCAL LAW(S) NO. [ YEAR I FILING DATE
Local Law Acknowledgment
I- JUDITH T TERRY
OFFICE OF TOWN CLERK
TOWN HALL
53095 MAIN ROAD
SOUT)~OLD NY 11971
I_
DOS-236 (Rev. 6/90)
--I
_l
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, ~Y 12231
(Use this form to file a 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 underlining to indicate new matter.
XXt3( of Southold
Town ........................................................................................................................
11
Local Law No ..................................................... of the year 19 9.!...
A local law In Relation to Shellfish
(Insert Title)
Town Board
Be it enacted by the : .......................................................................................................................................... of the
(Name of Legizlative Body)
of ... Southold
.................................................................................................................... as follows:
Town
II.
Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 77-205[C] is hereby amended to read as follows:
Churning by power may not be employed in the taking of soft
clams on land below high-tide line in town waters.
This Local Law shall take effect upon its filing with the Secretary
of State.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(i)
S-239 (.Rev. 7/90)
(Complete the c~rtification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 11 of 19 91
of the (l~qlq¥)(LOg~r)(Town)(X~fl~a~of Southold was duly passed by the
Town Board on June 4, 1991 , in accordance with the applicable provisions of law.
(Name of Legislative'Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated ag local law No.
iof the (County)(City)(Town)(Village) of
on 19
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on
(Elective Chief B~ecutive Officer~)
in accordance with the applicable provisions of law.
of 19
~vas duly passed by the
, and was (approved)(not disapproved)(repassed after
19
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the on 19 Such local law was
(Elective Chief Executive Officer~)
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (genera!)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the on 19 Such local law ~vas subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of 19
in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes 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 such officer is vested with the power to approve or veto local
laws or ordinances.
(23
5. (City local law concerning Charter revision proposed by petition.)
] hereby certify that the local law annexed hereto, designated as ]ocal law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local 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 Municipal 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.
(If any other authorized form of final adoption has been followed, please provide an appropritate 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 paragraph 1 , above.
(Seal)
Judith T. Terry, Town Clerk
Date: June 5, 1991
Clerk
(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
I, the undersigned, hereby certify that the foregoing local law contaigs the correct text and that all proper
proceedings have been had or taken for the enactment of t~ local 1)~ annexed hereto.
Matthew G. Kiernan, Assistant Town Attorney
Title
Town
of
Southold
Date: June 5, 1991
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
June 4, 1991
4:30 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO SHELLFISH".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The first public hearing we have is entitled a "Local Law
in Relation to Shellfish". This is a Shellfish Ordinance, that we have in Southold
Town. It pertains to soft clams, and Councilman Wickham will read the proof of
verification and publication of this Local Law.
COUNCILMAN WICKHAM: "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 21st of May, 1991, a Local Law entitled, "A Local Law in Relation to Shell-
fish". 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 4th day of June, 1991, at 4:30 P.M., at which
time all interested person will be heard. This proposed "Local Law in Relation to
Shellfish" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Ch,~t~ter 77 (Shellfish) of the Code of the Town of Southold is hereby amended
as follows:
1. Section 77-205(C) is hereby amended to read as follows:
Churning by power may not be employed in the taking of soft
clams on land below high-tide line in town waters.
II. 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: May 21, 1991. Judith T. Terry,
Southold Town Clerk." I have with me an affidavit of publication, that this notice
has been placed on a most public place, the Bulletin Board here in Town Hall,
and we have another publication affidavit, that it has appeared in the Long Island
Traveler-Watchman, and I'm informed on a strong basis, that a similar notice has
Pg 2 - PH LL in relation to Shellfish
been published in The Suffolk Times, but I do not have in front of me the
affidavit of publication. Thank you.
SUPERVISOR HARRIS: Thank you, Councilman. At this time, I'd like to go out
to the audience. Are there any members of the audience, that would like to
either speak in favor, or against this amendment to Local Law? Would you come
forward, please, and state your name.
HAROLD SCHWERDT: My name is Harold Schwerdt. I'm a resident of Goose Creek.
I'm Past-President of Goose Creek Association. The devastation, that was done
by this method of churning for clams, or harvesting clams, was terrible. There
was a thousand feet of beach destroyed. There's mounds of sand piled up.
There's holes, that are at least, you know, twelve, eighteen inches deep, some
four feet wide, and like I said, maybe a thousand feet. It destroyed numberous,
numberous, hundreds of maybe thousands of clams, that were killed by this
churning method. There were numberous small clams, undersized clams, that were
destroyed. The birds had a feast in that area, and this was done, maybe in a
period of, maybe, eight or ten days, and l'm in favor of this law, and they say
you should outlaw the churning of harvesting clams. I do believe it's outlawed
in Nassau, and the devastation, that was done is beyond belief. I have photo-
graphs of it. I, also, have a video tape of it. If anyone wants to actually see
this video tape, I'd be happy to show it to you. That's all I have to say.
SUPERVISOR HARRIS: Mr. Schwerdt, this town moved as quickly as possible
towards the deliberation, and the adoption of this amendment, provided we had
good imput from the public. Although we haven't voted on it yet, formally, I can
tell you that we moved on it as expeditiously as possible. The Board of Trustees
did all they could in their purvey, also, to move on behalf of the residents, not
only in Goose Creek, in the areas that you mentioned, but, also, throughout the
township~ so this type of devastation, that you mentioned, could not occur again
to further desecrate our town beaches, that we try to preserve in every way
possible.
HAROLD SCHWERDT: My compliments to the Board.
SUPERVISOR HARRIS: Thank you. Is there anybody else, who would like to
speak either in favor, or against this Local Law? (No response.) If not, 1'11
declare this public hearing closed.
Judith T. Terry~'~
Southold Town Clerk
COUNTY OF SUFFOLK
ss:
S'I'A'I'[:- OF NEW YORK
LEGAL NOTICE
NOTICE oF
PUBLIC HEARING
ON 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 21st day o~ May, 1991, a
Local Law entitled, "A Loeal
Imw in Relation to Shellfish."
NOTICE IS FURTHER
OIVEN that the Town Board of
the Town of Southold will hold
a pulse heating on the aforesaid
Local Law at the Southold Town
· Hall, Main Road, Southold,
New York, ou the 4th day of
June, 1991, at 4'~ o'eloek P.M.,
at which time all interested per-
sons will be heard.
This proposed "Local Law in
Relation to Shellfish" reads as
follows:
BE IT ENACTED by the
Town Board of the Town of
Southold as follows:
1. Chapter 77 (Shellfish) of
the Code of the Town of
Southold is hereby amended to
read as follows:
1. Section 77-205(C) is hereby
amended to read as follows:
Churning by power may not
be employed in the taking of
soft clams on land below high-
tide line in town waters.
II. This Local L~w shall take
effect upon its filing with the
Secretary of State.
Copies 6f this Local Law are
available in the Office of the
Town Clerk to any interested
persons during business hours.
DATED: May 21, 1991
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-5/30/91(15)
Patricia Wood,' being duly sworn, says that she is the
Editor, of ]'HE 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 ,pLfl)lished in said I_ong Island Traveler-Watchman
/ weeks
successively, commencing oil tile .......... · .~..'~.7. ......
Sworr~ m before me Ii, is .................... clay of
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUgLIC, st?re of New York
No. 4806846
Quagfled in Sulfdk Cot}ntYI
Commission Expires ~/3t l~~
LEGAL NOTICE
NOTICEOF
PUBLIC HEARING
ON LOCAL I,AW
PUBLIC NOTICE IS HEREBY
~ t~at there has ~e~ pm~emed
to the T~vn Board of the Town of
,~mhoM, Suffolk County, New Yo~,
m t~ 21st day of May, 1991, a Local
Law entit~d, "A Local Law in ReM-
· NOT]CE IS FURTHER GIVEN
that the Town Board of thc Town of
on thc aforesaid Local Law at the
Southold Town Hall, Main Road,
of June, 1991, at 4:30 PM., at w~ic~
time all interested persons will be
heard.
This proposed"Loc~ Law in Rela-
~ to S heU13sh" reads as follows:
BE I'F HNACTED by the Towu Bc~rd
cf the Town cf Sou~old ns foBows:
L Chapter "r~ (Shell~h) of t~ Code
of thc Tm, m cf Sombold is hereby
1. Secticm 77-205(C) is hem-
by ~-nended to ~ as loUows:
Churning by power may
r~ be e~ployed in the t~king
of soft dams ~ land below
tdgh-fide ~ in town wamr~.
H. This Loc~ Law shall take effect
Copies of ~ Local Law a~ Brai)-
able m the Office of the Town Clelk
DATED: M~y 21, l~gl.
~UD]ITH T. TERRY
SOUTHOLD TOWN CL~RK
7070-1TM30
STATE OF )JEW YORK.
}SS:
COUNTY OF SUFFOLK)
5~U''O~ ~C~-~I~-- of Mattituok, In
said County, being duly sworn, says that be/she Is Principal
Clark of THE SUFFOLK TIMES, B Weekly )Jewspaper,
publbhad Bt Mattltuck, In the Town of Southold, County o!
Suffolk and State of New York, and that the )Jotlea of which
the annexed is a printed copy, has been regularly published in
said Newspaper once each week for ~ weeks
successively, commencing on the ~ day of
PflnclpBI Clerk
Swom to~before me thb
dayof ~-~o~ 19