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'