HomeMy WebLinkAboutLL-1999 #04 Local Law Filing
NE
;K STATE DEPARTMENT OF STATE
~4:I-~TATE STREET, 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
italics or underlining to indicate new matter.
~x
t~yx of .............................. .S__o_ ~ _t_b_o_! _d_ ..............................................
Town
~x
Local Law No ................. -q- .................. of the year 19--9--9--
A local law ~R~¢~-a~ti~r~t~/~teJ~dj~Tg~-C;~r~t~rt~q~ect~n~s~f~Ch~ater~2-~Erd~[ed-
(insert Title)
:: y__e__h_ i_c_[ _e_s____a_n__d____T..r__a_f_ fj_c_'_'___o_ f.__th~ __G 9_0_~__ p_f__~b ~ - .T__o__w__n___o_f..
a Night Fishi_n_qL Permit ...........................................................
' Town Board ................................ ofthe
Be it enacted by the ......................................................... '-
(l~am¢ of L el4~a~e Body)
i~[~ of Southold ............................. as follows:
Town
- Section 1' Chapter 92 (Vehicles and Traffic) of the Town Code of
the Town of Southold is hereby amended to add a new subsection
following Section 92-42 (B) to known as Section 92-42 (C) as follows:
92-42 (C) Night Fishing Permit
(1) Purpose - For the .purpose of ensuring fishermen and shell
fishermen parking access to the beaches, creeks andwaters
within the Town of Southold when such parking access is
normally closed (10:00 p.m. - 6:00 a.m.) the following
exception to Section 92-42 A & B is hereby created:
(2) Night FiShing Permit - A night fishing parking permit shall
be issued by the Town Clerk or a person designated by the
Town Clerk to all persons who hold a resident parking permit
or lease parking permit.
(3) Any' motor vehicle having a night fishing permit shall be
deemed not to be in violation of Sections 92-42 A & B where
both the night fishing permit and the resident or lease parking
permit are properly displayed.
(if additional space is needed, attach pages the same size as this sheet, and number each.)
O)
(4) The following rules and regulations apply:
At the time a motor vehicle with a night fishing permit is
parked at a location during a time in which parking is normally
prohibited by Section 92-42 A & B, the occupants of the
vehicle engaged
in fishi~ id only for
vehic~ g the license plate number on the permit.
Fees: There shall be no annual fee for this permit.
Duration of permits: all annual night fishing permits provided
for in this section shall expire on December 31st of the year
issued.
(5) Other regulations: Persons using parking areas pursuant to
the provisions of this section shall comply with all other laws,
ordinances, rules, regulations and restrictions thereto.
Section 2: Severability.
If any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or held unconstitutional by any
court of competent jurisdiction, any judgment made thereby shall not affect
the Validity of this law as a whole or any part thereof other than the part or
provision so adjudged to be invalid or unconstitutional.
Section 3: This Local Law shall take effect upon filing with the
Secretary of State.
la
(Complete the certific~tlo~n in the paragraph that applies to the 1~.,.~ ~ 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, designatedoas lo.c. al !~w No ................. -~- ................. of 19--9-9---
- - ;'~' ...... ;"~i~""TownY~i'~'-''''a of ~ournol .................... was duly passed by the
ot the ~?x~t+~)wtn ~o~d_)_~'__.:~_~_ o~jiS~.~--~-~;~-;-i'~-;~;-r'~;'~ce with the applicai;le provisions of law.
(Name of Leglstative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereb certif that the local law annexed hereto, designated as local law No .................................... of 19 ......
Y Y ................ was duly passed by the
of the (County)(City)(Town)(Vi, lage) or ...........
after
(Name of Legldatlve Body)
disapproval) by the ............ : ........... d ......................... and was deemed duly adopted on .................. 19 ....,
(Elective Chief Executive Offer*)
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'law No .................................... of 19---.---
of the (Countv)(City)(Town)(Village) of ................................................................. was duly passed by the
......... ~___~___'_'__' .... ~_' ......................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of Leglslatlve Body)
disapproval) by the .................................. · ...............on ................... 19 ..... Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and re~ive,d t,h,e affirmative vote o?~ majo:~ty of
the qualified electors voting thereon at the (general)(special)(annual) election nela on ..................~---- , m
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certt'fy that the local law annexed_ hereto, designated as local law No .................................... was duly passed°f 19--Y--by the
the Count Ci wn)(Village) of --~ .............................................................. ~' er
of ( y)( ty!..(~._ ..................... on .................. 19 .... , and was' (approved)(not approved)(repassed aft
disapproval) by the ....; ............................................. on .................. 19 .... Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as o~ .................. 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 ordinance.,
5. (City local law concerning char~er revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the ~ity 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 eieCt0rs of such city voting tt/ereon at the (special)(general) 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 ........ ~ .... ? ........ ~---7----.-----,°f ,19-5 ....
of the County of ................................................... _ State of New York, having, been suormtted to me 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 qqalified 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 addpted in the manner in-
dicatedin paragraph ...... ] ..... ,above.
Clerk of the Coun~legislalive body, City, Town o[ Village Cie
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: 6/9/99
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF ~ YORK
SUFFOLK
COUNTY OF
un%rs:--e'~,u ~ ,., hereby certify that the foregoing 'local~--~,law ca~ntainsj~/.the correct text. and that all proper proceedings
I,
the
have been had or"ken for ena ment of the loal
hereto.
s~g~b~r -fc~./
Gregory F, Yakaboski: Esq.: Town Attnrnoy
Title
X~( of
Town
Date: fi/§
Southoid
(3)
ALEXANDER F. TREADWELI
SECRETARY OF STATE
State of NEw YORE
DEPARTMENT OF STATE
ALBANY, NY 1223 ! -0001
t ECEIVED
JUN 2 I 1999
$ou~old T~,~m
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
June 17, 1999
RE: Town of Southold, Local Law 4, 1999, filed 06/14/99
The above referenced material was received and filed by this office as indicated.
law filing forms will be forwarded upon request.
Additional local
Sincerely,
JGD:ml
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
printed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JUNE 8, 1999
5:00 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO AMENDING CERTAIN
SECTIONS OF CHAPTER 92, ENTITLED VEHICLES AND TRAFFIC OF THI~
TOWN CODE OF THE TOWN OF SOUTHOLD TO ADD A NIGHT FISHING
PERMIT".
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans.
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: The public meeting notice will be read by
Councilman Murphy.
COUNCILMAN MURPHY: "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 25th day of May, 1999, a LOCAL LAW entitled "A Local
Law in Relation to Amending Certain Sections of Chapter 92 entitled
Vehicles. and Traffic of the Town Code of the Town of Southold to add a
Night Fishing Permit". 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 8th day of June, at 5:00 P.M., at which time all interested persons
will be heard. This proposed "Local Law in Relation to Amending Certain
SectionS of Chapter 92, entitled "Vehicles and Traffic of the Town Code of
the Town of Southold to add a Night Fishing Permit" reads as follows:
A Local Law in Relation to Amending Certain Sections of Chapter 92,
Entitled "Vehicles and Traffic of the Town Code of the Town of Southold
to add a Night Fishing Permit"
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Section 1: Chapter 92 (Vehicles and Traffic) of the Town Code of the
Town 'of Southold is hereby amended to add a new subsection following
Sectlon 92-tt2(B) to be known as Section 92-q2(C) as follows: 92-q2(C) Night Fishing Permit
(1) Purpose-For the purpose of ensuring fishermen and shell
fisherman parking access to the beaches, creeks and waters
within the Town of Southold when such parking access is
normally closed (10:00 p.m.-6:00 a.m.) the following
pg 2
PH
exception to Section 92-~2 A & B is hereby created:
(2) Night Fishing Permit-A night fishing parking permit shall
be issued by the Town Clerk or a person designated by the
Town Clerk to all persons who hold a resident parking permit
or lease parking permit.
(3) Any motor vehicle having night fishing permit shall be
violation of Sections 92-~2 A ~; B where
both the permit and the resident Or lease parking
permit a displayed.
regulations apply:
ith a night fishing permit is
par a time in which parking is normally
A I~ B. the occupants of the
and be actively engaged
~ble and valid only for
plate number on the permit.
annual fee for this permit.
~i night fishing permits provided
for December 31st of the year
If
provisions
any court of
affect the va
the part or
any
Secretary
By order of
York. Dated:
ulations: Person using parking areas pursuant to
this section shall comply with all other laws.
regulations and restrictions thereto.
erability.
section .or subsection, paragraph, clause, phrase or
shall be judged invalid or held unconstitutional by
risdiction, any judgement made thereby shall not
law as a whole or any part thereof other than
adjudged to be invalid or unconstitutional.
Local Law shall take effect upon filing with the
Board of the Town of Southold, Southold, New
1999. Elizabeth A. Neville. Southold Town Clerk."
We have an affi ~ that it was posted on the bulletin board of the Town
Clerk, and also dished in the official newspaper of the town. There is
no correspondence in the file.
SUPERVISOR COCHRAN: Thank you, Councilman. Is there anyone that
would like to s the Town Board either pro or con in relation to the
addition to ti ode to allow for a night fishing permit? Anyone like to
address the 'Board on this topic? Yes, sir?
FRED SCHWAB: My name is Fred Schwab. I live in Mattituck. I have
been a surf fisherman for about forty-five years, and I support this
motion. The fish and tides don't know about man's hourly restrictions, and
generally speaking the feeding habits of fish, particularly of striped bass,
and weakfish, a quiet night that is when larger fish will move in closer
to shore, so it is a big advantage. I will be very brief. If I find fish,
fish can get into a feeding habit based on the tide, if I find fish at 9:00
o'clock at night chances are that an hour later each night, provided we
don't get a major change in the weather or the bait supply, that pattern
will continue for four or five nights, and if you are a good surf fisherman,
and love the sport .you are going to cheat a little bit and hope you don't
get a ticket. It would kind of nice if we did have a permit. Nassau County
pg 3 - PH
has one. Suffolk County has one, and of course, the State has one, night
fishing. So, I would urge that the Board support this.
SUPERVISOR COCHRAN: This was recommended by the fishermen, and we
worked with them each step along the way. They had input at the Code
Committee, and it is pretty much what they want, and I am sure the Board
is supportive of it. Is 'there anyone else who would like to address the
Town Board in relation to a night fishing permit license, which~allows them
to park without getting a ticket? (No response.) If not, I will close the
hea~ing and we will mOve on to the next hearing.
Elizabeth A. evi e
Southold Town Clerk
' Law i~ Rei rion 'io Amending
a
Certain SecfionsofChau~er 92, enti-
tled/Vehicles and Traffic of thee ~'-
Towd Code 6fihe Tnwn of Southema
to add a Night Fishmn? Permat .~
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
8th day of June,~ at 5:00 P.M.,~ at
Which time ail~ i~terested persons
will be heard~ . '
This proposed "Local Law in
Relation to
reads
LOCAL LAW
NOA.Locai Law in l~a9t~on to
, -~.mending Ceitain'Sectiong of
Charier 92, Entitled Vehicles' ahd
Traffic of the Code of the Town of
Southold to add a Night, Fishing -
Pei:mit
BE IT ENACTED, by the Town
Board of the Town of Southold
follows:, '
Sectio~a 1: Chapter 92 (Vehicles and
Traffic;) of the Town Code of the
Town t~f Southold is h'erehy amend-
ed to add a new subsecti6n -follow-
i~ 'Section 92:4-2 (B)to known as
SeCtion 92-42 (c)a~ follows
' 9242 (C)Night Fishing Permit
(1) Purpose- For'the purpose
of ensuring fishermen and shell:
fishermen parking access to 'the
beaches, creeks and waters within
the Town of Southold when such
parking access is normally closed
(10:00 p.m.-6:00 a m.) the follow-
ii~g exception to Section 94-42 A
& ~1 is~hereby created: -
· (2) Night Fishing Permit -- A
night fishing parking, permit shall
- be issued by the Town Clerk or a
person designated by the Town
Clerk to all persons who hold .a
resident parking permif or lease
parking permit
(3) Any motor vehicle haying a
nigh~ fishing permit shall be
d~emed not to [/e in violation 6f
Sections 92-42 A & B where both
the night fishing permit and the
resident or lease parking permit
are properly displayed.
(4) The foll~)wing rules and
regulations apply:
At~ the time a motor~vehicle
with a .night fishing permit is
parked ara locatio~ during a time
in'which parking is normally pro~
hibited by Sections 92-42'A &.B,
the occul~ants of the vehicle mfis~
have fishing equipment and be
actively engaged in fishing: The
permit is nohtransferable and
~alid only for ~ehicles bearing the
license plate number on-the per~
mit.
Fees: There Shall be no annual
fee for this permit.
Duration of permits: all annual
night fishing permits proxqded for
in this section shall expire o~fi
December 31stOol the year issued.
' (5) Other regblations~ Persons
using parking areas pursuant to
the provisions of this ~ection shall
c0n~ply with aIl- othe~ lawS, ordi-
nances~ rules, regulation~ and
restrictions thereto.
Section 2: ~qeve/'ahilli:V -
STATE OF NEW YORK)
)SS:
CO. UNTY OF SUFFOL,K)
t. J l[O~ 15, ([ l'l(~ ~ ~ of Mattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a
weekly newspaper, published at Mattituck, in
the Town of Southold, County of Suffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regu-
larly published in said Newspaper once each
week for
commegcing
of t.~/Xt~
on
Sworn to ~~me this,.
day of
weeks successively,
the ~r~. day
Principal Clerk
~OTA~Y PUBL)O~ STATE OF N~ YO~K
NO. 52-~55242, SUFFOL~ CODN~ _