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HomeMy WebLinkAboutLL-1997 #01Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 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 italica or underlining to indicate new matter. .xc~ of .... .s-9.-u-t-h-9_Ld- ........................................................................ Town Local Law No ............ J ........................ of the year 19-?--7- in Relation to Modifications in Shellfishing Restrictions A local law .............................................................................................................. Be it enacted by the ._._T__o._w_.n___B._o?_r_ct_ ................................................................... of the q~:3x of .... -S--°--u-t--h-9-1--d- ........................................................................ as follows: Town Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby amended as follows: 1. Section 77-206 (Oysters) is hereby amended as follows: The Trustees of the Town of Southold may establish, by resolution, the limits on the number of oysters which may be harvested for commercial purposes and non-commercial purposes. A permanent resident, a taxpayer, a temporary resident or guest accompanied by a resident may harvest oysters for non-commercial purposes in the quantities set by resolution of the Trustees. E. (eliminate entirely) 2. Section 77-211.1 (Dredges and scrapes) is hereby amended by adding the following: Except as permitted by §77-204C of this Article, the use of a dredge, scrape, ell dredge or similar device towed by a boat (If additional space is needed, attach pages the samo size as this shecr, and number each.) operated by mechanical power or other means is prohibited in in town waters except by special permission of the Trustees for scientific study projects. II. This local law shall take effect upon filing with the Secretary of State. 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 ........... _I_ .......................of 19---9-7-- of the (~x~ I~( .:~){Town)(~5t!~0~ of -~---S-9--u--t-h--°-!~-- ............................................. . was duly passed by the .... -T-9--w--n-__~-°-a-F--d- ......................... ot~-a--n_-u--a.-r-¥__-2_!.- 19 ?__7_, in accordance with the applicable pr~visions of law. t,¥ame of £egislative Bodyj 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 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 (3~rne of.Legislative Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... , (Elective Cblef Exeagdve Officer') in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) [ hereby certify that the local law annexed hereto, des!gnated 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 l.X;ame of Legislative Baby) disapproval) by the ................................................. 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 thereon at the (general)(special)(annual) election held on .................. accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) t hereby certify that the local law annexed hereto, designated as local taw No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after (,Varec of Leg~lattve disapproval) by the .................................................. on .................. J~9 .... Such local law was subjec: to 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 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 provistons 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)(geneml) 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 cit- ies of said county as a unit and 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 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 ..... _1_ ..... , above. Clerk of the .~.6unty leg/slative body, City, Town or Village C~K or officer de~ig~a~ed__yb local legislative body ~ Judith T. Terry, Town Clerk (Seal) Date: January 22, 1997 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village A~torney or other authorized attorney of locality.) STATE OF NEW yORK SUFFOLK COUN'I~ OF I, the undersigned, hereby certify that the foregoing ldl~al law contains the correct text and that all proper proceedings have been had or taken for the enactment of the Iocal[aw~ annexed heretc~,.,~ ,~ Signature - ~ Laury L.Dowd, Town Attorney TStle ~ of Southold Town Date: January 22, 1997 (3) ALEXANDER F. TREADWELL SECRETARY OF STATE STATE Of NEW YORk DEPARTMENT OF STATE ALBANY, NY 12231~000! January 30, 1997 JUDITH T. TERRY TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 1, 1997, filed 01/28/97 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml ~'~ prlnted on recycled paper PUBLIC HEARING SOUTHOLD TOWN BOARD JANUARY 21, 1997 5:00 P.M. ON A PROPOSED "LOCAL LAW IN RELATION TO MODIFICATIONS IN SHELLFISH REGULATIONS" Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussle Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd JUSTICE EVANS: "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 7th day of January, 1997, a Local Law entitled, "A Local Law in Relation to Modifications in Shellfishing Regulations". 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, 53095 Main Road, Southo~d, New York, on the 21st day of January, 1997, at 5:01) P.M., at which time all interested person will be heard. This proposed "Local Law in Relation to Modifications in Shellfishing Regulations" 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 77-206 (Oysters) is hereby amended by deleting and adding the following: pg 2 - PH The Trustees of the Town of Southotd may establish, by resolution, the limits on the number of oysters which may be harvested for commercial purposes and non-commercial purposes. A permanent resident, a taxpayer, a temporary resident or ,quest accompanied by a resident may harvest oysters for non-commercial purposes in the quantities set by resolution of the Trustees. 2. Section 77-211.1 (Dredges and scrapes) is hereby amended by adding the following: Except as permitted by §77-20,-4C of this Article, the use of at dredge, scrape, ell dredge or similar device towed by a boat operated by mechanical power or other means is prohibited in in town waters except by specia permissior~ of the Trustees for scientific study proiects. I!. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions Strikethrough represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: January 7, 1997. Judith T. Terry. Southold Town Clerk." I have an affidavit that it was put on the Town Clerk's Bulletin Board, and that it was published in The Traveler-Watchman. There is no correspondence. Basically what it is doing is taking out a set number of bushels that people are allowed, and it is letting the Trustees assign the number according to what they think is best. SUPERVISOR COCHRAN: Is there anyone that would like to address the Board, or have ~nput in this hearing either pro or con? Is there anyone that would llke to address the Board in relation to modifications in shellfishing regulations? (No response.) If not, the hearing is closed. Judith T. Terry Southold Town Clerk LEGALNOTICE NOTICE oFvUBLIC ItEARIN~ -G ON LOCAL LAW- PUBLIC NOTICE IS HEREBY GIVEN that there has been Presented ~6 th~ Town Board of the Town of Southold. Suffolk County, New York. on the 7th day of January, 199'7, a Local Law entitled, "A Local Law in Relation to Modifica- tions in Shellfishing Regula- tions,'' NOTICE IS FURTHER GIVEN That the Town Board of the Town of Southold will hold a public hearing on the afore- said Local Law~ at.the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of January 199% at 5:00 P.M., at which time all interested I. Chapter 77 (Shellfish) of the Code 6f the Town of South01d is hereby amended as ~ follow~ 'i :iS~bti0fi 7%206 (Oysters) is h ereby::~:~i~ed hr d ~l~tin~ ' bna I). \ pcrnlail,?!li rcs[Lk'lti. more till. Ill OllC halF( I 2) bu of' ~,)L]lhokf J~T~l% c~tah[NIL I m~ees. ~: S~ctibn 77-21:1 I (Dredges ~d scr~es) is}'~e~eby amended by adding ~e fo~oW~g: Fxc~, as pcrmilk, d dredge, scrgpe, ell dredge or dpe~atedb~ech~;p6weror other mqanq iq prohibited Copies df ibis Local Law` are persons will be heard, aYail~ble inthe Offic~'bf the ~' ---~ ~0cal Law in Towm Clerk io any interested' · '' "fications in pefs*ns dufifigbuShess hours Relation to tvJodi , . .... Da~ed- Jarjuary 7, 1997 ' ShellfishingRegulations reads · : -': ~ i, - ' ':-~ J~DITH T TERRY - as IOUOWS; S ' BE IT ENACTED. by the · OUTHOLDTOWN Town Board of'the Town of CLERK Southol3 as follows: IX- 1/16/97(64) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN. a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed ~s a printed copy, has been published in said Traveler Watchman once each week for ................................................... ../.. ................. weeks successively, c .~.?encing on the ..... ./....d......~... d a~.~,~ .......... ~..~:~.:~ ............... ,' 9..~..7 / Sworn to bede me this ......... /... .............. day of .................... .................. : ..... .................. Notary Public BARBARA A. SCHNEIDER NOTARY FUBUC, State of New York fl0, 4806846 Qualified in Suffo~ CouRty / Commission Expires ~/:~t/'~om