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HomeMy WebLinkAboutLL-1997 #19Local Law Filing NEW YORK STATE DEPA,RTMENT OF STATE t 62 W,-MS HIN GTOt~ AVENUE. ALB AN Y. NY 12231 (Use this f'orm to file a local law with the Secretary of'State.) Text of taw should be ~¥en as amended. Do not include matter being eliminated and do no[ use italic-~ or underlining to indic, a-re new matter. . ¢1¢.~. x o[ Southold Town ......................................................................................... Local Law No ............_1_0_ .................. of the year 19--.92 .X tom~ ~aw ......'.'n:--a3i~3-[°-£-.t--°-f±~--h-~r&-L~~--~r-b-°-r--~-~n-~st~mn[ .................... Town Board Be it enacted by the ...................................................................... as roUows: Town Ohapter 32 (Boats. Docks and Wharves) of the Code of the Town of Southoid is hereby amended as follows: 1. Section 32-30 B is hereby amended as foitows: B. The following rules and regulations shall apply to all waters within the Town of Southotd and to all waters bounding the Town of Southold to'a distance of one thousand five hundred ('1.500) feet from the shore: provided, however. that they shall not apply ~o waters within or bounding an ~ncoroorated village of the town to a distance of one thousand five hundred fl ,500) feet from the shore or to waters to a distance of one thousand five hundred (t ,500) feet of Fishers Island. 2. Section 32-35~ C)(2) is hereby deleted. 3. Section 32.39.2 (Anchoring and mooring in West Harbor and Hay -tarborx ~s hereby deleted 11. Chapter 33 IFishers Island Harbor Management) of the Code of the Town of Southold is hereby added as follows: 1_ Section 33-1 (General Provisions) is hereby added as follows: A. Title/Applicability. This law shall be known as the Fishers Island Harbor Management Law. B. Applicability. Unless otherwise provided, each provision of this law relating to Fishers Island shall apply to att waters adjacentto Fishers Island, Town of Southotd. from the mean high water mark to a distance of fifteen hundred (1500) feet from the shore. 2. Section 33-2 (Traffic Control Authority) is hereby added as follows: The Bay Constables Fishers Island Constables, the New York State Police and other taw enforcement officers shall have authoritv to control waterborne traffic as specified in Chapters 32 and 33 of the Southold Town code and other applicable state and Federal statutes. 3. Section 33-3 (Fishers Isiand Honor Committee) is hereby added as follows: The Town Board creates a Fishers Island Harbor Committee to recommend potides for the management of the waters bounding Fishers Island and to assist in administration of this Chapter. The membership shall represent a wide range of groups interested in and using the waters bounding Fishers Istand. Members shall be appointed for a five year term The Committee shall meet a m~nimum two times per year, prior to and after the boating season. Notice of the meeting shall be posted t0 days in advance. 4. Section 33-4 (Speed and Wake Regulation) is hereby added as follows: No vessel shall be operated in a manner to create a wake which could endanger or disturb persons or property in any area of of Fishers Island waters. No vessel shall be operated at a speed greater than five (5) miles per hour in designated speed zones or within three hundred (300) feet of shore, pier. anchored or moored vessels, launching ramps, madnas, sailboat race. or other congested areas. 5. Section 33-5 (Water Skiing) is hereby added as follows: A. Water skiing is prohibited in all areas where speed in excess of five (5) miles per hour is prohibited_ la The following regulations shall apply to Hay Harbor: (1) Water skiing is permitted after 5:00 p.m. on weekdays and all day Saturday and Sunday untess organized waterfront activities have been approved by the Bay Constable. (2) Water skiers will follow a pattern established by the first boat to start skiing, i.e.. clockwise or counterclockwise. C. Skiers w 1] remain a minimum of one hundred (100) feet from any dock or shoreline unless they approach or depart perpendicularly to or from the shoreline solely for the purpose of commencing or ending the ride_ 6. Section 33-6 (Anchoring and mooring in West Harbor ana Hay Harbor) is hereby added as follows: A. All boats temporarily anchored ~n waters bounding Fishers Island shall anchor in an area established by the Fishers island Harbor Committee. subject to the following: (1) No anchoring ~s permitted tn inner West Harbor or Silver Eel Pond. (2) No overnight anchoring ~s permitted in Hay Harbor. (3) Anchoring shall not be permitted for a continuous period of more than three (3) consecutive nights within any fourteen (14) day period within an anchorage unless authorized by the Fishers Island Bay Constable, which authorization may only be granted for emergency situations_ (4) No boat shall be so moored or anchored that it at any time rests within any channel or interferes with the full use of such channel, nor shall any boat be moored or anchored within fifty ~50) feet of any dock, pier or otl~er boat docking facilities. B. No permanent moonngs shall be placed unless authorized by a permit duly issued by the Fishers Island Bay Constable. An annual mooring sticker issued to the permittee by the Fishers Island Bay Constable indicates authorization of the permit. f 1 ) The location of each mooring shall be assigned by the Fishers Island Harbor Committee for waters bounding Fishers Island. The Committee shall consider optimum use of available space. vessel safety, environmental protection, impacts on shorefront property owners, whether the mooring will be used for vessel storage or living aboard, and the size and class of vessel, while assigning moonng locations (2) The fees for a mooring permit shall be those established by resolution of the Southold Town Board. (3) All mooring permits shall expire on December 31 of the year of issuance. (4) All mooring buoys shall be assigned a number by the Fisher's island Bay Constable which shall be affixed to the buoy oy the permittee in numbers at least four (4) inches in height. (5) The committee will maintain the mooring ;~tan for West Harbor. 7 Section 33-7 (Use of a Vessel as an Abode) is hereby added as follows: A. Use of a vessei as an abode, whether at a dock. in a designated anchorage or on a mooring designated for a live aboard use. is permitted for three (3) consecutive nights within any fourteen (14) day period. B. The Town Board authorizes the Fishers Island Harbor Committee power to allow temporary exemptions to length of stay restrictions, by considering the location of the vessel, overboard discharges assoc;ated with the vessel and the reasons for requesting the exemption. 8. Section 33-8 (Mooring Maintenance) is hereby added as follows: A. All moorings are subject to random inspections by a Bay Constable or his designee who may require hauling, -epair or replacement for worn or defective tackle. B. Moorings failing an inspection, or missing a buoy, or otherwise defective or unsafe shall not be used until the condition is corrected. C. If unsafe conditions persist, or the mooring is abandoned, the Bay Constable shall order and direct the removal of the tackle. In the event the owner fails to remove the tackle within ten (10) business days, the Town may cause the tackle to be lifted and removed. The expense of such removal shall be a lien and charge on the property of the boat owner until paid and shall be collected in the same m~nner and the same time as other Town charges. 9. Section 33-9 (Allowable Special Use of Private Moorings} is hereby added as follows: Permittees may make their vacant mooring available to their guests upon notification of and permission from the Fishers Island Bay Constable or his designee, for a period not to exceed three (3) consecutive nights within any fourteen (14) day period. Permission shall be granted if the guest vessel is of compatible or tike size to the vessel for which the mooring was approved and can be accommodated with the approved mooring tackle add within the approved mooring circle (1) Live aboard guest use of a private mooring shall be limited to the moonng field in West Harbor designated by the Fishers Island Harbor Committee for live aooard use. Such use is subject to the provisions governing use of vessel as an abode_ 10. Section 33-10 (Rafting) is hereby added as follows: Rafting on a single mooring will only be permitted for not more than three (3) boats during the daylight hours and two (2) boats at night, providing it does not interfere with adjacent single moodngs or anchorages or nawgation of other boats. Owners or operators of rafted vessels shall not leave the raft unattended and shall be available to tend to the vessels in the event of heavy weather. 11. Section 33-1 t ( Discharge of Refuse) is hereby added as follows: It shall be a violation of the law to discharge any untreated or improperly treated sewage, refuse or waste matter, petroleum product or by-product, paint, varnish, dead animals, or debds within Fishers Island waters or adjacent shores. 12. Section 33-12 (Unnavigable.boats; hazards to nawgation) is hereby added as follows: A. Any boat which becomes a menace to navigation or unseaworthy or sinks grounds or otherwise becomes disabled or incapable of navigation shall be removed or restored to navigable condition by the registered owner upon notice from the Southold Town Board or its designated agent, which notice shall be either by personal service or be certified ma~l addressed tothe registered owner s last kn wn addreSS as given by him or as stated in hfs certificate'of registration. B. If such boat is not removed or restored to navigable condition by the owner within one (1) week after the mailing of said notice, the Southoid Town Board or its designated agency may direct the removal or destruction of the boat, and the cost of said removal. including stOrage charges, shall attach to and shall become a lien upon said boat. and said boat may be sold. upon direction of the court, at public auction to defray said expenses, any surplus being returned tc the owner of record. The town shall not be liable for any damage done to said boat during its removal, storage and sate. 13_ Section 33-13 (Invalidity of Provisions) is hereby added as follows: Should any prov~sion of this law be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this taw but shall be confined in its operation to the clause_ sentence. paragraph, section or part thereof directly involved in the litigation in which such judgment shall have been rendered. 14. Section 33-14 (Penalties~ is hereby added as follows: A. It shall be unlawful for any person, or agent of any person. to fail to comply with any provision of this law or to fail ~n any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner no[ in compliance with a permit issued pursuant to this law. B. For every offense against any of the provisions of this law or any regulations made oursuant thereto, or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith any person, or any other person, or agent of such. who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.00) or by imprisonment for a period not to exceed six (6)months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation~ III. This local law shall take effect upon filing with the Secretary of State. (Complete the certification in the paragraph tha(appiies to the filing of this local law and strike out that which is not applicable.) (Final adoption by local legislative body only.) .... 19 97 [ hereby comfy that the local law annexed n~reto, destmxated as local .au,' No .................................... of 19 of_the (,~x~.~( ~,:~i~. ~TFo,xm)(Rr'A ~h~ of-----S-9-u-t-~[d- ............................................ was duly passed by the ___.LP..w.'_n___B.'P.a_£_d_.: ............... ~7__._ on--IJALy--22---- t9 -9-7 in acCOrdance with fha applicable provisions of law. 2. CPassage by local legislative body with.approval, no disapproval or repassage after disapproval by the Elective Chief ExecUtive Officer*.) [ hereby~certify that the local law annexed hereto, designated as local taw No .................................. of 19 ...... of the (County)(City)(Town)('V'tilage) of .......................................................... was duly passed by thc ............................................. on ................ 19 ---, and was (approved)(not approved)(repassed after disapproval) by the ............................................... and was deemed duly adopted on .................. 19----. [n accordance with the applicable provisions of taw. (Final adoption by referendum,) t hereby certify that the local law annexed he,em, ctesi~ated as local law No .................................... of 19 ...... of the (County'(City)(Town)(X'Silage) of ................................................................ was duly passed by the .................................................. on .................. t9- .... and was (approved)(not approvedXrepassed after disapproval) by the ................................................ on- .................. t9- .... Such local law was submitted to the people by reason of a (mandatory)(pe.,'missive) referendum, and received the affirmative vote of a majority of the qualified electors votin~ thereon at the (geae,'ul)(speclal)(annual) election held on .................. 19---- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and Fmal adoption because no valid petition was filed requesting refernndum.) I hereby certify that the Iocat taw annexed hereto, dnsi~m~ated as local taw No ................................... of 19 ...... of the (County)(Cky)(Town)(Vitlage) of ............................................................... was duly passed by the .................................................. on .................. 19- .... and '.vas (approved)(not approved)(repassed after disapproval) by the .................................................. on .................. t9 .... Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of ................. 19- ....in accordance with the applicable prov'mions of law. Elective Chief r~xecuuve Officer menus or includes the chief executive officer of a county, elected on a counE¢- wide basis or~ if there be none, the chairperson of the coma .ty legislative body, the mayor of a city. or viilage, or the supervisor of a town where Such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local taw annexed hereto, designated as local law No ................................ of t9 ...... of the City of ............................................. hay/ag been submitled to referendum pursuant to the prov/s/ons of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electom of such city voting thereon at the (special)(geneml)election held on ................. 19 --.-, became operative. 6. (County local law concerning adoption of Charter.) [ hereby certify that the local Iaw annexed, hereto, designated as local law No .......................... of 19 ...... o£ 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 sea/on 33 of the Municipal Home Rule Law, a~d havlmg reee/ved the affirmative vote of a majority of the qualified electors of the ~t- ies o£ !aid count] as a tm. it and a majority of the qualified electom of ~ towns of said coamy considered as a unit voting at said general election, became operative. (If any other authorized tom of final adoption has been followed, please provide an appropriate certification.) [ hrther certify that I have compared the preceding local law with be ori~nal on ~e ~n th/s office and that the same is a correct ~mnscript theiefrom and of the whole of such oriensl local law, and was finally adopmd in the rammer dicaled in paragraph ..... _t ..... , above. or officer designated by local legi~Lativ¢ ~y Judith T. Terry, Town C,erk (Seal) Date: July 23, 1997 (Cerntication to be executed by County Attorney, Corporation Counsel, Town Attorney, Village.~t~orney or other authorLzed attorney of locality.) LK COUNTY OF I, the undersign.ed, hereby certify that the foregoing local law contains the correct tex~ and that all proper proceedings have been had or taken for the emactmen£ of the local laB annexed hereto!~ Laury L.Dowd, Town Attorney ~ of Southold Town Dam: July 23, 1997 (~) ALEXANDER F. TREADWELL SECRETARY OF STATE STATE OF NEW YOrK DEPARTMENT OF STATE ALBANY. NJY 12231-0001 August 5, 1997 JUDITH T. TERRY TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 19, 1997, filed 07/28/97 The above referenced material was received and filed by this office as indicated. Additional local law flting forms will be forwarded upon request. Sincerely, Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:mt ~J~ printed on recycled paper PUBLIC HEARING SOUTHOLD TOWN BOARD JULY 22. 1997 8:00 P.M. ON A PROPOSED "LOCAL LAW IN RELATION TO FISHERS ISLAND HARBOR MANAGEMENT". Present: Supervisor Jean W. Cochran Councilwoman Alice J; Hussie 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 SUPERVISOR COCHRAN: The first public hearing this evening is a hearing on a "Local Law in Relation to Fishers Island Harbor Management". and that is going to read by Judge Evans. 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 2~th day of June, 1997, a Local Law entitled. "A Local Law in Relation to Fishers Island Harbor Management". 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, Southold, New York, on the 22nd day of July, 1997, at 8:00 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Fishers Island Harbor Management" read as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 32 fBoats. Docks and Wharves) of the Code of the Town of Southotd is hereby amended as follows: 1. Section 32-30 B is hereby amended as follows: B. The following rules and regulations shall apply to ali waters within the Town of Southold and to all waters bounding the Town of Southoid to a distance of one thousand five hundred (1,500) feet from the shore, provided, however, Ihat they shall not apply to waters within or bounding an incorporated village of the town to a distance of one thousand five hundred (1.500) feet from the shore or to waters to 8 distance of one thousand five hundred fl .500) feet of Fishers Island. pg 2 - PH 2 Section o2-35 C)(_~ ~s hereby deleted as follows: by the ~ .... doc .... chcm[ino. 3. Section 32.39.2 (Anchoring and mooring "n West Harbor and Hay Harbor) is hereby deleted as follows: ffe~mit d !~,'**'- ' by ~a'j Up te 25 26 feet ts 25 $ 55.00 $I25.00 ~300.00 pg 3 - PH ~a~aR6~arbcr Cemmit=gae=wb, ieh shall-be a~peir~e-T-ew~ Bear~. I1. 'Chapter 33 (Fishers Island Harbor Manaqement) of the Code of the Town of Southotd is hereby added as follows: 1. Section 33-1 CGeneral Prows~ons) is hereby added as follows: A. Title/Applicability. This law shall be known as the Fishers island Harbor Manaoement Law. B. ADDticabilitv. Unless otherwise provided, each provision of this law reiatinq to Fishers Island shall apply to all waters adjacent to Fishers Island. Town of Southold. from the mean hiah water mark to a distance of fifteen hundred f 1500} feet from the snore. 2. Section 33-2 ('Traffic Control Authority) is hereby added as follows: The Bay Constables, Fishers Island Constables. the New York State Police and other law enforcement officers shall have authority to control waterborne traffic as specified in Chapters 32 and 33 of [he Southold Town code and other applicable state and Federal statutes. 3. Section 33-3 (Fishers Island Harbor Committee) is hereby added as follows: The Town Board creates a Fishers Island Harbor Committee to recommend policies for the menaqement of the waters boundinq Fishers Island and to assist in administration of this Chapter. The membership shall represent a wide ranpe of aroups interested in and usinq the waters boundinq Fishers Island. Members shall be appointed for a five year term. The Committee shall meet a minimum two times per year. prior to and after the boatinq season. Notice of the meednq shall De oosted 10 days in advance. pg ~ - PH 4. Section 334 fSpeed and Wake Regulation) is hereby added as follows: No vessel shall be operated in a manner to create a wake which could endanper or disturb persons or property in any area of of Fishers Island waters. No vessel shall be operated at a speed pr~ater than five (5) miles per hour in desiqnated speed zones or within three hundred (300) feet of shore, pier. anchored or moored vessets, launchinq ramps, marinas~ sailboat race. or other conqested areas. Section $3~5 (Water Skiinq) is hereby added as follows: A. Water skiing is prohibited in all areas where speed in excess of five (5) miles per hour is prohibited. B. The fotlowin~ requtations shatl apply to Hay Harbor: (1) Water skiin~ is permitted after 5:00 p.m. on weekdays and all da,,' Saturday and Sunday unless orqanized waterfront activities have been approved by the Bay Constable. (2) Water skiers will follow a pattern established by the first boat to start skiinq. Le., clockwise or counterolock'.,v~se. C. Skiers will remain a minimum of one hundred (100) feet from any dock or shoreline unless they approach or depart perpendicularly to or from the shoreline solely for the purpose of commencinq or endin.q the ride. 6. Section 33-6 (Anchorinq and moorinq ~n West Harbor and Ha,/ Harbor) is hereby added as follows: A. All boats temporarily anchored in waters boundina Fishers Island shall anchor in an area established by the Fishers Island Harbor Committee. subject to the foltowinq: (I) No anchorinq is permitted in inner West Harbor or Silver Eel Pond. (2) No overnioht anchonnq is permitted in Hay Harbor. (3) Anchorinq shall not be permitted for a continuous period of more than three 13) consecutive niqhts withir any fourteen (14) day period within an anchoraqe unless authorized bv the Fishers Island Bay Constable. which authorization may only be aranted for emerqencv situabons pg5- PH ..... ~ (4) No boat shall 3e so moored or anchored that it at any time rests within any channel or interferes with the full use of such channel, nor sba I any boat be moored or anchored within fifty ('50) feet of any dock. pier or other boat dockinp faci ities B. No ~)ermanent moorings shall be placed unless authorized by a permit duly issued by the Fishers s and Bay Constable: An annual moorin,q sticker issued te the permittee by the Fishers Island Bay Constab e indicates authorization of the permit. (!) The location of each moorinq shall be assiqned by the Fishers Island Harbor Committee for waters boundinq Fishers Island. The Committee shall consider optimum use of available space, vessef safety, environmental protection, impacts on shorefront property owners, whether the moor~n(~ will be used for vessel storaoe or livin(~ aboard, and the size and class of Vessel. white assianinq moorfno locations. (2) The fees for a moorinq permit shall be those established bv resolution of [he Southold Town Board_ (3) Afl moorinq permits shall expire on December 31 of the year of issusnce. (4) All moorinq buoys shall be assianed a number.by the Fisher's Island Bay Constable, which shall be affixed to the buoy by the permittee in numbers at least four (4} inches in hei~qht. The committee will maintain the moorinq plan for West Harbor. 7. Section 33-7 (Use of a Vessel as an Abode) is hereby added as follows: A. Use of a vessel as an abode, whether at a dock. in a desiqnated ancnoraqe or on a moor nq designated for a live aboard use. is permitted for three (3t-consecutive niqhts within any fourteen (14) day period. B. The Town Board authorizes the Fishers Island Harbor Committee power to allow temporary exemptions to len,qth of stay restrictions, by considerinQ the location of the vessel, overboard discharqes associated with the vessel and the reasons for requestinq the exemption. pg 6- PH 8. Section 33-8 (Moorinf~ Maintenancel is hereby added as follows A_ All moodncls are subject to random inspections by a Bay Constable or his desianee who may require haulin.q, repair or replacement for worn or defective Iackle. B. Moorincs failino an inspection, or missi.n.q a buoy. or otherwise defective or unsafe shall not be used untiI the condition is corrected. C. if unsafe conditions persist, or the moorinq is abandoned the Bay Constable strait order and direct the remova of the tackle, n the event the owner fails to remove the tackle within ten (1 O) business days; the Town may cause the tack e to be fted and removed. The expense of such removal shall be a lien and charqe on tPie property of the beat owner until paid' and shall be collected in the same manner and. the same time as other. To~,n charqes. 9. Section 33-9 rAflowabte Special Use of Private Moorinqs) is hereby added as follows: Permittees may make their vacant moodnq available to their auests upon notification of and permission from the Fishers island Bay Constable or his designee, for a period not to exceed three (3'~ consecutive niahts within any fourteen (14) day pedod. Permission shall .be granted if the puest vessel is of compatible or like size to the vessel for which the moorJn.q was approved and can be accommodated with the approved moorinq tackle and within the approved moorinq circle. (1) Live aboard auest use of a pdvat.e, moorinq shall be limited to the moodnq field in West Harbor desionated bv the Fishers Island Harbor Committee for live aboard use. Such use ~s subiect to the provisions aoverninq use of vessel as an abode. 10. Section 33-10 (Raftino) is hereby added as follows: . Raftina on a sinqte moorina will only be permitted fo~' not more than three (3~ boats durind the dayiiqht hours and two (2) boats at niaht. providino it does not interfere with adjacent sinqte moorinas or anchoraqes or naviaation of other boats. Owners or operators of rafted vessels shall not leave the raft unattended and shall be available to tend to the vessels in the event of heavy weather pg 7 - PH 11. Section 33-11 fDischarae of Refuse) is hereby added as follows: It shatl be a violation of the law to discharqe any untreated or improperly treated sewaoe, refuse,or waste matter, petroleum product or by-product, paint, varnish, dead animals, or debds within Fishers Istandwaters or adiecent shores. 12. Section 33-12 (Unnavigable boats; hazards to navigation) is hereby added as follc~s: A. Any boat which becomes a menace to navioatJon or unseaworthy or Sinks. qrounds or otherwise becomes disabled or incapable of naviqation shall be removed or restored to naviqable condition by the reqistered owner upon notice from [he Southold Town Board or its desic~nated aqent, which notice shall be either by dersonal service or be certified mail addressed to the reqistered owner's last known address as (~iven by him or as stated in his certificate of reqistradon. B. If such boat is not removed or restored to naviaabie condition by the owner within one f 1 ) week after the maiiino of said notice. [he Southold Town Board or its desianated a~encv may direct the removal or destruction of the boat. and the cost of said removal. indudino storaoe charaes, shall attach to and shall become a ion upon said boat. and said boat may be sold. upon direction of the court, at oubtic auction to defray said exDenses, any surolus beina returned ~o the owner of record. The town shall not be liable for any damaqe done to said boat durin(: its removal, storaqe and sate. 13. Section 33-13 ¢lnvatidity of Provisionst is hereby added as follows: Should any provision of this law be adiudaed by any court of competent jurisdiction to be invalid, such judement shall not affect, impair, or invalidate the remainder of this law. but shalf be confined in its operation to the clause sentence. Daraoraoh. section or part thereof directly involved in the litioation in which such iud(]ment shall have been render~:l. 14. Se~ion 33-14 {'Penalties) is hereby added as follows: A, It shall be unlawful for any person, or aqent of any person. to fail to comply with any provision of this ordinance or to fail in any manner to comotv with a ,~ritten notice, dire~i~e or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this,law_ pg 8 - PH B. For every offense aaainst any of the ~ovisions of thislaw or any rectulations' made ~ursuant thereto, or failure to comply w'r~h a written notice or order of the Bay Constables within the time fixed for compliance ther~m, vith. any ~erson. or any other person~ or aaent of such. who commits, takes part or assists in the commission of any such offense or who shatI fail to comply with a written order or notice of t~e Bay Constables shall upon conviction thereof, be quitty ora violation punishable by a fine not exceedinc~ two hundred fifty dollars {$,?.50.00} or by imprisonment for a oeri~ not to exceed six (6) months, or by both such fine and LmPrisonmenLEach;daCs,contid(Jed offense shall constitute a III. Th'is :Local LaW shall take effect State. * itions upon filing with the Secretary of any Judith on the Town Suffo letterhead Cochran. Association I Harbor management c interests of our excellent procedures, you Merrier. cortes Mrs. Fishers three or hours and hope we urge that for your ['Law are available in the Office of the Town Clerk to during business hours. Dated: June 24, 1997. Clerk." I have affidavits that it was put and that it was published in The some correspondence. There is ~atter with the Civic Association addressed to Supervisor of the Board of the Fishers Island Civic that the Town Board approve the LoCal Law. The Fishers Island hard to try and develop a plan for the that will take into consideration the many It appears that ,they have put together an the Southold Town Board members Island sometimes needs specia! regulations and d~fferent from the rest of Southold. This is one your support of this plan, and hope in?~the So~u~h.o. ld Town Code. Sincerely, John W. of the Ciwc Association. l have another Honorable Jean Cochran, Supervisor. Dear this letter to strongly support the proposed Local Law. From it's conception some ~ a tot of people, both local and State, have put hard work and understanding into this project. I standards of the Township of.Southoid, and ' consideration, and iS finally passed. Thanks Scudder H. Sinclair. SUPERVISOP~ COC~RAN: You have heard the reading of the Local Law in Relation to Fisher~ I~land Harbor Management. IS there anyone that would llke to addreSs thei B~Ard on this change in the Code? pg 9 - PH JUSTICE EVANS: I will say that, obviously there is no one from Fishers Island here, but a massive mailing was done, a huge mailing list to people that live on Fishers Island, rent on Fishers Island, and they received all the materials about a week and a half ago. So, they have had a chance ~o respond. There is the two letters. They iust didn't travel all the way over here to do it. SUPERVISOR COCHRAN: Is there anyone that would like to address the Board? (No response.) If not, I deem the hearing closed. Southotd Town Clerk NOTICE OF pUBLIC ~ ON LOCALLAW ~uffoJk CorraL% New Yofl~ /ay of June, 1997, a Local of Mattituck, ~1.'.11 Iv m-.m:e.I i, !1..' ~,,~ v~.'~l N nf said County, being duly swoz~, sa]m that he/s cd,¥,fiblc qr.l. ik: -itc Ip I11e ~..."~.~J In,' is Principal Clerk of THE SUFFOLK TIMES, e I1 ................................. ~ , ..... , ................. ~ .......... ' ~c To~ of Southold, County of Suffo~ ax ~ .I. lu ...... ~ ...... · Manageme~~' rea~ ~ follov~: MA~ UI/~qA FOSTER ~]Z'ARY PUBLIC, STA~ OF NEW 52-4655242, SUFFOL~ COMMIS~ION F. JiPIRES AUGIJ.~J'