Loading...
HomeMy WebLinkAboutLL-1991 #21LOCAL LAW NO. 21 - 1991 A Local Law in Relation to Designation of Parking Areas BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 65 (Parking At Beaches) o~ the Code of the Town of Southold is hereby amended as follows: 1. Section 65-2-.A.(2) is hereby amended to read as follows: (2) Parking area adjacent to the bathing beach located on Long Island Sound at Arshamomaque [approximately one hundred (100) feet east of the intersection of County Route No. 27 48 and Sound View Ave- nue], known and referred to herein as "Southold Town Beach". (6} Parking area edj~eent-*~o-t-he-bst-lqi~g-bea~ located on Long Island Sound at Peconic at the terminus of Mill Road, l~nown and referred to herein as "Goldsmith's Inlet t3eeeh". (8) Parking area edjece~t-t~-t-I~e-beaeh located on the southerly side of Narrow River Road adjacent to Hallock's Bay at Orient,, known and referred to herein as "Narrow River Road E~eeehu Launching Ramp". 2. Section 65-2.A. is hereby amended by addincj the following: (9) Sound Road, Greenport, from the guardrail at the northerly terminus southerly for a distance of 500 feet. (10) Rocky Point Road, East Marion, from the guardrail at the northerly terminus southerly for a distance of 500 feet. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition(s) (9) & (10) are new. NYS DEPARTHENT OF STATE BUREAU OF STATE RECORDS 162 washington Avenue Albany, NY 12231-0001 Local Law Acknowledgment JUDITH T TERRY ToWN OF souTHOLD TOWN HALL 53095 MAIN ROAD SoUTHOLD NY 11971 DOS-236 (REV. 6/90) MUN:CIPALIIY '1'~i~ t~£ So,_,t_~ol~_ ~_._~'--~LING DATE LOCAL LAW( ) NO. / YEAR - ru 21 I99I 8/19/91 -I The above-referenced material was received and filed by this office as indicated. _1 Additional local law filing forms will be forwarded upon request. Law Fiiin NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTOH 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. Southold ~( of ........................................................................................................................ Town Local Law No .................. ,2.] ....... ! ...................... of the year 19 9..! ..... In Relation to Desiqnation of Parking Areas A local law .......................................................................................................................................................................... (Insert Title) Be it enacted by the ................................ ..'[..°..w....n.....B. gar-d ................................... of the (Name of Legislative Body) Town Southold of ....................................................... as follows: II. Chapter 65 (Parking at Beaches) of the Code of the Town of Southold is hereby amended as follows: 1. Section 65-2(A)(2) is hereby amended to read as follows: (2) Parking area adjacent to the bathing beach located on Long Island Sound at Arshamomaque [approximately one hundred (100) feet east of the intersection of County Route No.48 and Sound View Avenue]. known as and referred to herein as "Southold Town Beach." (6) Parking area located on Long Island Sound at Peconic at the terminus of Mill Road. known and referred to herein as "Goldsmith's Inlet Beach". (8) Parking area located on the southerly side of Narrow River Road adjacent to Halleck's Bay at Orient. known and referred to herein as "Narrow River Road Launching Ramp". 2. Section 65-2 (A) is hereby amended by adding thereto the following: Sound Road. Greenport. from the guardrail at the northerly terminus southerly for a distance of 500 feet. (10) Rocky Point Road.. East Marion. from the guardrail at the northerly terminus southerly for a distance of 500 feet. 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) DOS-239 (Rev. ?/90) (Complete the certification in the paragraph that applies to the filiug of this local law and strike out that which is not applicable.) L. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 21 of 19 91 Of the (~mxl~t)(tT~0(Town)(Si~lklgo0 of Southold was duly passed by the Town Board. on Auqust 13, 19 91 , ~n accordance with the applicable provisions of law. (Name of Legislative Body) i 2; (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) hereby certify that the local law annex6d hereto, designated as local law No. of 19 'f 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 and ~vas deemed duly adopted on 19 (Elective Chief Executive Officer~) I ~n accordance with the applicable provisions of law. 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 (general)(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 taw was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such~eferendum was filed as of 19 , in accordance with the applicable provisions of laxv. *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. (2) "5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local 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 Charier.) 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 to,vas 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) Clerk ~the County leKislative body, City, Town or~lage Clerk or officer designated by local legilsative bl~dy Judith T. Terry, Town Clerk Date: August 14, 1991 (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 contains the correct text and that all proper proceedings have been had or taken for the enactment of the l~cal law.annexed hereto. Signature/ - I ' - ~- ! Matthew G. Kiernan, Assistant Town Attorney Title Town Date: of Southold August 14, 1991 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD August 13, 1991 4:50 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO DESIGNATION OF PARKING AREAS". 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 next public hearing,a "Local Law in Relation fo Designa- tion of Parking Areas" will be read by Councilman Penny. COUNCILMAN PENNY: 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 30th day of July, 1991, a Local Law entitled, "A Local Law in Relation to Designation of Parking Areas". 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 13th day of August, 1991, at 4:50 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Designation of Parking Areas" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 65 (Parking At Beaches) is hereby amended as follows: 1. Section 65-2-A.(2) is hereby amended to read as follows: (2) Parking area adjacent to the bathing beach located on Long Island Sound at Arshamomaque [approximately one hundred (100) feet east of the intersection of County Route No. ;'7 48 and Sound View Avenue], known and referred to herein as-- "Southold Town Beach". (6) Parking area a~-j'a'e~nt--t~-t~-I~t-I~ir~-I~e~et~-Iocated on Long Island Sound at Peconic at the terminus of Mill Road, known and referred to as "Goldsmith's Inlet t~". (8) Parking area ~e~jac~t--to--t-~-~ael~ located on the southerly side of Narrow River Road adjacent to Hallock's Bay at Orient, known and referred to herein as "Narrow River Road t3~a~-~h~L Launchinc~ Ramp"_. Pg 2 LL in Relation to Designation of Parking Area 2. Section 65-2.A. is hereby amended by addin~l the following: ~9) Sound Road, Greenport, from the guardrail at the northerly terminus southerly for a distance of 500 feet. (10) Rocky Point Road, East Marion, from the guardrail at the northerly terminus southerly for a distance of 500 I~eet. 11. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) **Underscore represents addition(s) Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: July 30, 1991. Judith T. Terry, Southold Town Clerk." I have affidavits of publication by both The Traveler, and The Suffolk Times, an affidavit of posting by the Town Clerk, that it's been posted on the Town Bulletin Board for the appropriate time. There are no further communications. I would like to add that these are being added to require that parking by permit only will be allowed in these areas. They will require a Town permit. SUPERVISOR HARRIS: Thank you, Councilman Penny. Are there any members of the audience, that would like to address any of these changes that are proposed for a Local Law? MARY I_ASTIHENOS: Mary l_astihenos.l'm speaking in regard to the Greenport beach, Sound Avenue. If you have the restriction only up to 500 feet, then all these cars will park in the other places, the other neighbors will be very upset down the road. What will be done about that? I thought this was going to be throughout that community, you would have no parking signs, except by permit. Am I making myself clear? COUNCILWOMAN LATSON: The Superintendent of Highways advises us, that is the standard distance that they have found in other muncipalities, as well as our own, that 500 feet is a detriment to parking. People don't want to walk that far, carry their belongings, and that they can enact successfully the elimination of illegal passage within 500 feet. We asked him that ourselves. MARY LASTIHENOS: What about buses dropping people off 500 feet? Last Sunday we had two bus loads, and I think Mr. Jacobs received several telephone calls yesterday, or today, from the community regarding this, that there were 80 people dropped off at nine o'clock in the morning, and the buses did not come to pick them up until I~our. Now, this is just an ~access to a public beach. This is not a public beach, so you can imagine what the beach looked like with human feces on it, garbage on it, decaying fish, fishing hooks, that could endanger the young children who go down there. What's going to be done about this? COUNCILMAN PENNY: Unfortunately we're only addressing parking at this time. It's very late in the season, and we're going to have to come up with something different to stop the type of thing, that you're talking about. We're only addressing in this Local Law, strictly parking, not use of the area. We can't stop somebody from stopping, discharging passengers, and then leaving, whether it's a bus, or whether it's a car. MARY /ASTIHENOS: How would we go about doing that? Pg 3 LL in Relation to Designation of Parking Area COUNCILMAN PENNY: We'll have to talk more about that. MARY LASTIHENOS: Who would I call regarding that? COI~NCILWOMAN OLIVA: It would be a very good idea if you wrote a letter documenting just what has happened, so that we have it in our files, so that during the wintertime when we're reviewing some of these things we would have that to refer to, and anything else that comes up between now and the end of the swimming season. MARY I-ASTIHENOS: When will this law go into effect? Will the sign go up? COUNCILWOMAN OLIVA: We could pass this law right now, and then you would have the sign up very quickly. MARY IASTIHENOS: How will it be enforced? COUNCILWOMAN OLIVA: The Police will enforce it, or the Bay Constables. MARY LASTIHENOS: Will the cars be ticketed, or towed away, if they're illegally parked? SUPERVISOR HARRIS: Right now they'll be ticketed to begin with. If we find that ticketing does not work, then we'll have to go back. MARY LASTIHENOS: What is the fine on the tickets? Do you know the fine to be parked illegally? SUPERVISOR HARRIS: Judge, do you know offhand? JUSTICE EDWARDS: Fifteen dollars. MARY LASTIHENOS: Fifteen dollars? SUPERVISOR HARRIS: That's what it is now. Again, that could be changed if this Town Board feels that amount is not substantial enough to deter this, then we could address that later on, and change that also in the Code. MARY LASTIHENOS: You could also tell me, if the person does receive a parking ticket, can their registration be repelled, or does that only apply to moving tickets? TOWN ATTORNEY ARNOFF: If they don't answer the ticket, they are subject to administrative procedures of the court, and I'm not sure whether they've under- taken that here on not. I know in some municipalities they have done that. I don't know if they've done that here. MARY LASTIHENOS: The people that are coming are not people from out here. TOWN ATTORNEY ARNOFF: We know. MARY LASTIHENOS: So, they can just get a ticket and just rip it up. What is it to them? What is the penalty for that? Do I make myself clear? SUPERVISOR HARRIS: I don't have the answer to the enforcement after, how the Police Department tracks that. There has been a recommendation made by a member of the Town Justices, that the Code could be amended so that it becomes So they can put out a bar. ''' Pg 4 LL in Relation to Designation of Parking Area TOWN ATTORNEY ARNOFF: A bar on their registration. MARY LASTIHENOS: It has to be done, otherwise they won't pay the fifteen dollars, and so they come down to the beach. They don't have to pay, so if they can just rip the ticket up, it's absolutely useless. JUSTICE EDWARDS: Normally when a ticket is written like that, if it is not taken care of, in my court anyway, within a month, a second letter is written to the owner of that vehicle, and then again in the following month, if that ticket is not paid, then a letter is written to the Department of Motor Vehicles of whatever state that vehicle is registered in, and a hold will be put on that registration. MARY LASTIHENOS: I see. Okay. Thank you. Could you just tell me, will the Police be directed to go up there now, and check them? SUPERVISOR HARRIS: As soon as this Local Law is enacted by the Secretary of State, then the enforcement procedure will begin immediately. MARY LASTIHENOS: Then we can continue further with other restrictions? SUPERVISOR HARRIS: Also, as areas become problem areas, we will directing them to the Superintendent of Highways to review, and if those areas are found to need parking, and Local Law enacting on those areas, we will do so in the future. Are there any other member of the audience, that would like to address this Local Law change? MARJORY BUNYAN: My name is Marjory Bunyan. I own a house in Greenport. I work in Greenport. I would like to go to the beach on Sunday, my only day. It's impossible to go to that beach there, because they're parked..last Sunday they were three in line, and the buses were down there. Now, to me that is not fair to the people of Greenport or Southold Town. COUNCILWOMAN LATSON: I rode down there last Sunday afternoon about two o'clock, and the buses has evidently had arrived, and you're absolutely 100% correct. MARJORY BUNYAN: Did you see the triple line of cars? COUNCILWOMAN LATSON: Yes, I did, and the beach was extremely crowded. MARJORY BUNYAN: This is a very nice community, and I don't think it's right. SUPERVISOR HARRIS: Again, I'd like to reiterate one thing, and that is not a Town beach. That is just a dead end road, and this dropping off of people by bus is something that I don't think this Board is familar with, having had occurred in the past, especially the numbers that have taken place over the weekend. MARJORY BUNYAN: It's because they don't want to pay the money at the other places. MARY LASTINHENOS: At Orient State Park the buses must have a permit to go in there with a load of people, because there's only so many toilet facilities, and picnic tables available for them. We have no toilet facilities in our area, so you can imagine what's going on. You saw the number of people there, and they're there..some people even arrive at seven in the morning, the people that come in their own cars, and they're there until six or seven at night. They're cooking on the beach. Their pans are being washed on the beach. They're fishing. Pg 5 - I_L in Relation to Designation of Parking Area The fish they catch, they come back and they cook. On a cold day the fires are going at eight and nine in the morning. Those past few Sundays when it was very chilly out, we smelled the wood burning. I've seen a fire go right up the bluff there. There's no Policeman down there checking ever, ever. SUPERVISOR HARRIS: This is why we're enacting the legislation that we're doing, to help control the parking to begin with, and they hopefully from there can evolve into more restrictions being inposed. Thank you. MARY LATINHENOS: The people submitted a proposal to Mr. Jacobs, and we had about fifty-eight signatures, and we have many more to come. SUPERVISOR HARRIS: Thank you very much. Are there any members of the audience, that would like to address this Local Law change? If not I'll declare this public hearing closed. (No response.) Judith T. Terry~ Southold Town Clerk NOTICE OF pUBL ON LOCAL LAW pUBLIC NOTICE IS HEREBY GIVEN that ther~ has ~ p~eutod to the Town Board of the Town of Scuthold, Suffolk Cconty, New york, on the 3thh day ~ Iuly, 1991, a L°cal Law m6tl~d, "A Lo~I l~w in Rela- tion to Designation of parking Ar~'. NOTICE IS FURTHER GIVEN that fig Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southcld, New york, on the 13th day of August, 1991, at 4:50 P.M., at ic at the terminus of Mill m "GoM~'s Inlet Bea~". . ~j~ ~ H~'s Bay ~ hcre~ as N~ow River Road ~ ~ 2~ Seetlon 65-2.A. is he.by STATE OF NEW Y( ) )SS: COUNTY OF SUI~C)LK) ~Z/) d~q /~/'" of Mattltuck, In said County, being du~/sworn, sa~s that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, publIshed at Mattltuck, In the Town of Southold, County of Suffolk end State of Mew York, end that the Notice of which the annexed is a printed copy, has been regula~ published In ins: weeks (9) Sound Road, O~ecnpofl, said Newspaper once each week for b~ h~ard. ~ proposed "Local Law in R~la- tio~ to Designation of Pang A~as" ~ ~ follows: BE ~ ~AC~D by ~c To~ ~ard of ~c To~ of S~old as fo~ows: L ~p~r 55 ~a~g At B~es) ~ from the guardrtil at the SUCCeSsively, commencing on tho ~' day of f~a~f~. (10) R~y P0,t Road. ~.s' ~e n0r~erly te~mul s~thedy for a ~f~ (2) pa~king a~a adjac~m to thc bathing beach located on ,~e~~(s) Long Island Sound at ** U~-~ merely One hundre6 (100) a~e (6) P~a a~ ~::: ~ :: ~- ~I~-ITA9 - ~ located on Principal Clerk 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 30th day of July, 1991, a Local Law entitled, "A Local Law in Relat~ 'o Designation of Parking A..~s." NOTICE IS FURTHER G1VEN that the Town Board of the Town of Southold will hold a public hearing on thc aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 13th day of August, 1991, at 4:50 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Designation of Parking Areas" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 65 (Parking at Beaches) is hereby amended as follows: 1. Section 65-2-A.(2) is hereby amended to read as follows: (2) Parking area adjacent to the bathing beach located on Long Island Sound at Ar- shamomaque [approximately one hundred (100) feet east of the intersection of County Route No. 2~ 48 and Sound View Avenue], known and refer- red to herein as "Southold Town Beach? (6) Parking area a~jacc:'A-t~ the ba'.Mng--b~ieh- located on Long Island Sound at Peeonic at the terminus of Mill Road, known and referred to as "Goldsmith's Inlet (8) Parking area a~jacem-to the b~aeh located on the south- erly side of Narrow River Road adjacent to Hallock's Bay at Orient, known and referred to herein as "Narrow River Road t~aeb" Launching Ramp." 2. Section 62-2.A. is hereby amended by addin[[ the following: (9) Sound Road, Greenport, from the guardrall at the north- erly terminus southerly for a distance of 500 feet. (10) Rocky Point Road, East Marion, from the guardrail at the northerly terminus souther- ly for a distance of 500 feet. II. This Local Law shall take effect upon its filing with the Secretary of State. *Overstrike represents dele- tion(s). **Underscore represents addi- tion(s). Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. DATED: July 30, 1991 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1X-8/8/91(88) COLJNTYOF SUFFO ss: S'I'A'I'F, OF NEW ¥OP, K 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 tile notice of which the annexed is a printed copy, has heen pul)lishecl in said Long Island Travclur-W;ttchman once each week for. ................... (' ...... weeks successively, commencing on the ~ day o' ~: L' ...... :/ .~.- .... , v . .... ...... ~ M ......................... Sworn lo before me this "* . ...... '; ............. clay of ........... ~. ':Tf':~,( . 19 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, st?re ol New York No. 4806846 Qualified in Suffolk CoL}ntyl Commission Expires 73 i/~,2..