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HomeMy WebLinkAboutLL-1994 #19 Local Law No. 19 , 1994 A Local Law in Relation to Scallops BE IT ENACTED. by the Town Board of the Town of Southold as follows: Chapter 77 (Shellfish) of the code of the Town of Southold is hereby amended as follows: Section 77-201 (Definitions) is hereby amended by adding thereto the following: SCALP NET - A hand operated net attached to a handle with an opening across the mouth of no more than 14 inches. 2. Section 77-204A is hereby amended to read as follows: not be-t~ken-From-tan~s- we'cers-dtrrJn~1- each- yea~;- Is~th- dates ~A- The Trustees of the Town of Southold may establish, by resolution, the dates of the commercial and noncommercial scallop season based on the environmental .and economic conditions in effect each year. 3. Section 77-204(B) is hereby amended to read as follows: StYo-je~ct to the pl-o-'~sJor~s- of' t-hi-s- section-,- dtn'ing- the period From-the Fi.m--s~-Moi,t~¥ af'~e~-the t-hi-r'd, 5trndar¥ i~ Se/~Lember to ~--t~ 9 i~ eaeh-¥ea~;-both-da'~es not mo~'e-than-ene-h~lF (~/~ btreb~-e~ scaHope-may- be- t~ken-~rom-t~wrt- wa'cers- ~ an~ e~ {~ da~ ~ ha~ o~ ~th a sca~ ~ Durin9 the noncommercial scallop season, not more than one-half (1/2) bushel of scallops may be taken from town waters in any one (1) day by hand or with a scalp net. 4. Section 77-204(C) is hereby amended to read as follows: During the commercial scallop season, scallops may be taken, sut~jeet to the pi-o'~J,~im~ oF this' secti~rrr.- dtJ~im~J- the ISer~od ~rom-e~t~s~r- ~e to Merc~ 3~? both-d~tes i~elu~We-.-scallops-~ be-t~ken-from town waters with a dredge or scrape having an opening at the mouth of not more than thirty-six (36) inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or scrape is brought aboard the boat by hand power without the use of a mechanical device, II. This Local Law shall take effect upon its filing with the Secretary of State. Underline represents additions. Overstrike represents deletions. NYS DEPARTHENF OF STATE BUREAU OF STATE REDQRDS 162 ~ashington Avenue Albany, NY 12231-0001 DATE: 10/7/94 Local Law Acknowledgment Judith T. Terry, Town Clerk To~n Hall, 53095 Main Road P.O. Box 1179 Southold, IqY 11971 I_ DOS-236 (Rev. 6/~0) MUNICIPALITY Town 'of Southpld LOCAL LAW(S) NO. ~ YEAR FILING DATE 19 I 1994 9/12/94 The above-referenced material was received and filed by this office as indicated. _1 Additional local law filing forms will be forwarded upon request_ LOcal Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE. ALBANY, NY 12231 (Use thls form to file a local law with the Secretary of State.) Text of law should be g~ven as amended, Do not include matter being eliminated and do not use italics or underlining to indicate new matter. . of ....... ..................................................................... Town Local Law No ........ _1}_~ ........................ of the year 19---9--~- · .. in Relation to Scallops A lOOm {aw .............................................................................................................. Town Board Be it enacted by the ......................................................................................... of the Cxitcyx of Southold Town .......................................................................................... as follows: Chapter 77 (Shellfish) of the C'ode of the Town of Southold is hereby amended to read as follows: Section 77-201 (Definitions) is hereby amended by adding thereto the foll'owing: SCALP NET - A hand operated net attached to a handle with an opening across the mouth of no more than 14 inches. 2. Section 77-204(A) is hereby amended to read as follows: Ao The Trustees of the Town of Southold may establish, by resolution, the dates of the commercial and noncommercial scallop season based on the environmental and economic conditions in effect each year. 3. Section 77-20,4(B) is hereby amended to read as follows: Bo During the noncommercial scallop season, not more than one-half (1/2) bushel of scallops may be taken from town waters in any one (1) day by hand or with a scalp net. 4. Section 77-204(C) is hereby amended to read a s follows: C. Du.ring the commercial scallop season, scallops' may be talqen~.from town waters with a dredge Or scrape'having an opening at the mouth of not more than thirty-six (36) inches - , in width when towed by a boat operated by mechanical power _(If aduitional space is needed, attach pages the samo size as this sheet, and number each.) . DOS-239 (Rev. 7/91) (I) Local Law No. 19, 199L~ A Local Law in Relation to Scallops or other means, provided that such dredge or scrape is brought aboard the boat by hand power without the use of a mechanical device. II. This Local Law shall take effect upon its filing with the Secretary of State. Page la (Complete the certification 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 ......... !_9. ........................ of 19---9--q- ,,f tho I~'~}{;~',Y~,~fT, hr X~ $outholct was duly passed by the o~ .~v ~._~_~L~yj~g~ja~[ t.ownA~l~i~ of ................................................................. . ............. _o_~.n._____o._a_.ff.ct_ .................. on ---S-9-P--t-'----6 ....19 __9.~ in accordmnce with the applicable provisions of law. (Name of Leglxla~ve Body) 2. (Passage by local legislative body with approval, no disapproyal or repassage after disapproval by the Elective Chief Executive Officer*.) 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 approved)(repassed after (Name of Legislative Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... , (Elecilve Chlef Execu~ive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local taw No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duty passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permiss~ve) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(speciat)(annual) election held on .................. 19---- , in accordance with the applicable provismns of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting 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 approved)(repassed after (Name of £egislatlve Body) disapproval) by the ........................................ '- ......... on .................. '19 .... Such local law was subject to (Elecrlve 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 chairperson of the county legislative body, the mayor of a ei.ty 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)(genemI) 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 .............................................. z ..... 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 cit- ies of said county as a unit and a majority of the qualified electors of the ~owns of said county considered as a unit voting a~ said general election, became operative. (If any other authorized form of final adoption has been followed, please provide 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 in- dicated in paragraph ........ !---, above. Clerk of~t~e County !egislativ~ body, City, Town o; Vill4Clerk otl ofiqq, e~: ttesi~,nated..~ local legislative body ~., ,~ JUOlrn n . i'erry, i own ~lel'K (Seal) Date: September 7,. 1994 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK ' coum'Y 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 local law annexed hereto. Signature ~..._..~) Laury L. Dowd, Town Attorney Title ~ of Town Date: Southold September 7, 1994 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD AUGUST 23, 1994 8:07 P.M. IN THE MATTER OF A "LOCAL LAW IN RELATION TO SCALLOPS". Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Councilman Joseph L. Townsend, Jr. Justice Louisa P- Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: We'll turn to the second public hearing of the afternoon. Alice? COUNCILWOMAN HUSSIE: "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 23rd day of August, 199[b a Local Law entitled, Local Law in Relation to Scallops". 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 6th day of September, 1994, at 5:05 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Scallops" reads as follows: 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 77-201 (Definitions) is hereby amended by adding thereto the following: SCALP NET - A hand operated net attached to a handle with an opening across the mouth of no more than 14 inches. 2. Section 77-20~A is hereby amended to read as follow: -~-- .~a~ops rrra3r r~ot- be t-~k-en fr-om tow~- watei-s dur{ng the per-led f~-em April- 1- to-the-thh~l 5u~rda7 h3 September -i~-r eac-~ yea~,-bot:h da~es A_~. The Trustees of the Town of Southold may establish, by resolution, the dates of the commercial and noncommercial scallop season based on the environmental and economic conditions in effect each year. 3. Section 77-204(B) is hereby amended to read as follows: -B~ -Subject to- ;.h~ pro~i~io~,~ ~f thfs- se-c~don,-~m~ng *~he peF~3d Pg.2 - PH LL ~ During the noncommercial scallop season, not more than one-half (1/2) bushel of scallops may be taken from town waters in any one (1) day by hand or with a scalp net. Section 77-20~(C) is hereby amended to read as follows: C. During the commercial scallop season, scallops may be taken, subject to the provisions of this section, during the period from October I0 to March 31, both dates inclusive scallops may be taken from town waters with a dredge or scrape having an opening at the mouth of not more than thirty-six (36) inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or scrape is brought aboard the boat by hand power without the use of a mechanical device. II. This Local Law shall take effect upon it filing with the Secretary of State. * Underline represents addition(s)- ** Overstrike represents deletion(s). Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: August 23, 1994. Judith T. Terry, Southold Town Clerk." There's proof of publication both The Suffolk Times, and The Traveler-Watchman, and also proof that this has posted on the Town Clerk's Bulletin Board. There is no correspondence. SUPERVISOR WICKHAM: Thank you, Alice. Is there anyone in the audience, that would like to address the Board on this public hearing? (No response.) If not, I declare the hearing closed. Judith ¥. ' e' rr' y Southo,d Town NOTICE OF PUBLIC HEARING ON LOCAL'LAW ' :': P~'~LIC::NO~I~E I_S. ~E~BY: GiVEN that there fia~ beeh'pres~'nr.'xl .tO the~' J(nvi1 IJosl'd oJ' Iht [2m'n of . .~oulhold. Sul'(o]k CoulltS. New ~brk, on thc 23~d clu~ 0f.~ugust; t994 aI~oc~l Law :emRled, - A- .Lgeal_.Law: llx ]{elation' Io fieal~ops. 'M')'f[CE 15; I'l. R:I'I II".R (ilVI N Hml ihe Iowa ltozt~£l ol' thc l~x~n oi'$O~ilhold will; hold a public hearing on ihe afore,aid lo,.al Jinx al ihe 'So.~[hold Town 'llal]. M'aln Road. Soulho ti, Nc~ ~Drk, un file 6 Jl da~ iff Seplelnber, 1994, al ~:05 I~M.. al ~Jlich time all illlere.lcd · Thi~ proposed "Local I.a~ in Rein I fl Il .fica lops Tow~ ~gaM. of the To~ ~OtllJ~O[~ Li~ Eollow.< J~ Chaplet -- (Nhelll],h) d~e ('ode o1' d~e Ibsen of Sou;hd[d in lle~h) amclldcd a. IoJlow~: · 1. ~ctioa 77-~1. {Defini-' rion~) i~ fi~'tcbf amcnd~ by .ad0,ul,~ ~.l~eTe~o .~:&;~'I.P Iual, 14 ~ ~eoion 77-204.% is I crew amcuded IO rcua. a, J~llow.,: J~. Scallop< may mb.be i~g die period from April IO ;Jllrd Sunday hi fieplelnb2r ~'it of: Souihold :vmdi(ions. iq e~;,t I eqc']l .real: 3. Sdclio0 77 '204(B) hereb~ ameuded " · ~' :iB! Sub~e~t ,to iffe proOi: · sions of this sectiOn, during the peribd from the first ; Monday'after th9 third Sun- day in S~ptember to October 9 in each year. both<lates in- clL~sDe, not'more than one - half (1 ~5) bushel of gcallopes .may be taken from town x,~.~ ;iwfiny 6~e (1)day by hand of nith a scalp net. R D~rmg the tlottco/tlt/ler- ~ !luo! b/u,-hal./[ .,1 I)/t~/tel ' ~cttl,~Ol)y ttzaj' be ,. (O~{'lr Ii'dl~r$ ill atO' one (11" day &v" band or wtth a scaO~ I~HOW~:' ,- .,. ~ C Dad~g the cot~m~e~a~ bq~!~ ~e~n, smllovs ~y 7 mg the ~od from.O~obe~ ~L1O, to ~h. 3[ b0~ dateg :~ ~finic~ ~ 0~:ffi~ boat by ~d ' me~aMc~ de, ice. , :wi~h ~e ~rem~y of Sram ' [talw rtwmfent~ add~tot~. ~: '[Bfaeketsl represent $ delefi0~s.. ,:. , ,-. ' I " Copies of 1his Local Law :.~ ~e a~ab[e, in the Office of ~ ~e To*xm Clerk to any terested 'beysons du?i'ng COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, bein~ duly sworn, says %hat she is ~he Editor, of the 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 Traveler-Watchman once each week for .............................. weeks succ?~iy, commencing on the /S~oln to before me on this ......... day of Notary Public BARBARA k ~HNEIDER NOTARY PUBLIC, State of New York No. 48068411 Qualified in Suffolk ~ NOTICE 0~ f, PU~UC:HFAR~ Sou~old, Suffo~ Co~, ~ York, NOTICE IS pURTHER ~[VHN ~ Soathold Town Hall, M~n Road, b~ h~d. ~e~ion to S~all~ps' reads as roi- ':1 ~apzer 77 (SheH~sh) of ~ Co~ [. S~ti~ 77-20i (~ifions) is ~Qulhold ma~ ~h. bk B~mic con~t~ofi~-in effect 3. 8~ctio6 7~-2~(B) ia he.by . "' 4. SeCliOtl 77-20,1(C) i~ C. L~e co--iai takem ~ dr~d~ ot sc~e haviug STATE OF NEW 3RK) ) SS: COUNTY OF SUFFOLK ) ~of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at MaCdtuck, In the Town of Southold, County of Suffolk and Slate of New York, and that the Notice of which the annexed is a printed copy, Ires been re~ulariy published in said Newspaper once each week for ~ weeks s~uccessive.ly, comme~ufilng on the / day of £HRISTINA VOLIN~;KI Notary Public, State of New York Principal Clerk No, 5004a84 .,,.~ / Qualified in Suffolk County (J(/.~ Commission Expires Nov,mb~r 230 ' ~/- ~ ~/~ ~ [ftr~,~/j(d Notary Public PUBLIC to the ~own Bo~d of ihe Fogfl of Soa~old, Suffo~ Co~. New york, NOTICE IS FURT~R GIVEN Sou~hold Town Hall, M~ Road, Soft.id, NeW York. ~ t~ 6~ day ~ BE ff ENA~D, by ~I. ~apter ?V (She~h) of ; of &e Town of ~ou~o~ i~ h~by ~by ~¢ndedby Md~g ~cre- , STATE OF NEW ~RK) ) SS: COUNTY OF SUFFOLK ) ~of Mattituck, in said County, being duly sworn, ~ays that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Maltltuck, In the Town of Southold, County of Suffolk mad State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pubils~aed in smd Newspaper once each week for ~ weeks s. pcceaslve,ly, comme, pfilng on the I day of £HRISTINA VOLINSKI Notary Public, State of NeW York amended to tv. ad aa follows: ~-7._~ _ .......... · 4. Section 77-204(C) ia hereby amcad~d to ri:ad a~ Ioltow~ 19~ sea~o~- ~caltnn~ m~v be , ~akem ~ mo~ ~ ~X (36) inch-· ed ~ suc~ ~d~ or s~pe h~ ~W~ wi~out ~e use of H. Th~ L~ai ~w ~a]l t~ effect 5m~. "*UnderlMe ~s~.~h0n(s)- Co,es of-~s ~al ~W ~ av~lab~ M ~e O~ce of ~e Town C~ to ~Y . D~: ~t 23. 1994. ~H T. sO--OLD TOWN ~K Principal Clerk No. 5004884 Qualified in Suffolk County /~( 1..~ , Commission Expires November 23, ~gl -I Nolary PubHc