HomeMy WebLinkAboutLL-2000 #02Local Law Filing
NEY_ _ ORK STATE DEPARTMENT OF STATE
41 STATE 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.
~w~ of .............................. _s_.o_ ~ .~b.o. ! .d. ..............................................
Town
xm~x
Local Law No ................. _2_ .................. of the year 2_0_0__0.
A local law --i--n-~-~-e-~--~-i-~--n---L~----A--m--e--q-ci-[~t-9--~-h~-te£--3-3--~t[t~ed-2!Hjsh~--[~nd ..........
_H_ _a_ ~_b_9_r_._ _M__a_0_a_ §_e__m__e__n__t_"__ _o_f_ _ _tlxe__ £~ d e. ~ f__ Ihe__T_ a~ n __~f_ £~ u ~ 1 d ...............
Be it enacted by the Town Board
................................................................................ : ........ of,the
01~ of Le4'~l~u~ Body)
~'~x
i~i~2X Southold
of .......................................................................................... ~ follo~
Chapter 33, FISHERS ISLAND HARBOR MANAGEMENT
§ 33-6. Anchoring and mooring.
A. All boats temporarily anchored in waters bounding Fishers Island shall
anchor in an area established by the Fishers Island Harbor Committee, subject
to the following:
(1) No anchoring is permitted in Inner West Harbor or Silver Eel Pond.
(2) . No overnight anchoring is permitted in Hay.Harbor.
(3) Anchoring shall not be permitted for a continuous period of more than
three consecutive nights in a fourteen-day period within an anchorage unless
authori_zed 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 50 feet of any dock, pier or other boat docking
facilities.
B. bio permanent moorings shall be placed unless authorized by 'a permit
duly issued by the Fishers Island Harbor Committee Secretary/Clerk. An annual
mooring sticker issued to the permittee by-the Fishers Island Harbor Committee
Secretary/Clerk indi~tes auth?rizati~n of the permit.
(If.additional space is ueeded, attach pages the sane size as this sheet, and I1''mbet' each.)
DOS-Z39 (~-,,. ~8) (1)
(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 mooring 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
Harbor Committee. Secretary/Clerk, which shall be affixed to the buoy by the
permittee in numbers at least four inches in height.
(5) The Committee will maintain the mooring plan for West Harbor.
This Local Law shall take effect immediately upon filing with the Secretary of
State.
(la)
(Complete the certiflc_.ion in the paragraph that applies to the
strike out that which is not applicable,)
.ag of this local law and
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ................._2 .................. of 200_0_
of the (ig0(fli~t~(~iltv)~'Tow.n)(~lga~ of ........................ _S_ _o_ .u_ _t_h._o_ ! _d_ ........................... was duly passed by the
............... -T-9-~D-~-B--6--a-r--d- .............. on __J.0.0_~!.~£¥___l_8, 20!3_0, in accordance With the applicable provisions of law.
(Name of Leglslatlve Body)'
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
(Nam, ~ Le. gi~lative Body)
disapproval) by the ............ ~ ..................................... and was deemed duly adopted on .................. 19 .... ,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption bY referendum.)
I hereby certify that the local law annexed hereto, designated as local'law No. -'- ................................. of 19 .....
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed afte~
(ltame of Legi.~latlve Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitte~
(Elective Chief Executive O.O~icer*)
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 ............. ~ .... 19----, in
accordance with the applicable provisions of law.
4. (Subject to permissive referendUm and final adoption because no valid petition was ~ed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ....
of the (County)(City)(Town)(Village) of ................................................................. was duly.passed by tl
................................................... on ............. : .... 19 .... , and was (approved)(not approved)(repassed afl
(N~ of L¢~vz Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject
permissive referendum and no valid petition requesting such re[erendum was filed as of .................. 19----, in
accordance with the applicable provisions of law.
* EleCtive C:hief Executive Officer means or includes the chief executive officer of a county eleCted 6n a count.
wide basis oG ffthere be none, the chairperson of the county legislative body, the mayor of a city or vfllage,,
the supervisor ora town where such officer ts vested with the power to approve or veto locallaws or ordina,
5. (City local law concerning Cuarter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No ..................................... of 19 .....
of the City of ............................................. having been submitted to referendum pursuant to the provisions
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)(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 ............. : ...................... of 19 .....
of the County of .................................................... State of New York, having been submitted to the electon
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 qu. alified 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 ad6pted in the manner ir
dicated in paragraph ......] ..... , above.
Oerk of a~o~ty t¢~tiv¢ ~oay, cit~ To~ o~ Vma~
or officer de~igua~d bylocal legislative body
Elizabeth A. Nevi-lie, Town Clerk
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATB OF NEW YORK
corn, trY oF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law/~outaina the correct text and that all proper proceedin
have been had or taken for the enactment of the local law~n6xed hereto.
s,g - - 'Y// -'/- "' - '
G reore~Town Attnrn~y -
Title ~ ' ' '
Southold
(3)
RECEIVED
Sm~l'kold To'~ ¢I~E
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY 2~31-000 I
ALEXANDER F. TREADWELL
SECRETARY OF ~TATE
February 15, 2000
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 2, 2000, filed 02/04/2000
The above referenced material was received and filed by this office as indicated.
law filing forms will be forwarded upon request.
Additional local
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
HTTP ://WWW. DO~. STATE. NY. U6 · E-I~IAI L: INFO@DOS.STATE,NY.US
ELIZABETI-I A. NEVILLE
TOWN CLERK
t~EGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS 1VJ_iNAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 2, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
New York State Department of State
State Records and Law Bureau
[[1 State Street
Albany, New York 12231
Re: Local Law Numbers I through 3 of 2000
Town of Southold. Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home
Rule Law, I an enclosing herewith certified copies of Local Law Numbers 1
2, and 3 of 2000 of the Town of Southold suitable for filing in your
office.
I would appreciate if you would send me a receipt indicating the
filing of the enclosures in your office. Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Town Attorney
Road,_Southold~ New York, on the
18th day of January 2000, at 5:05
P.M.. at which time all interested per-
sons will be heard.
This proposed "Local Law in
Relation to Chapter 33 Fishers Is.
land Harbor Management" read.q as
follows:
Arum Fishers Isla itl Ha rbor
Managen~cnt Plan.
BE rr ENAC.,'I'ED. by thc 'limn
Board of the 'Ibwn of Southold as fol-
lows:
CHAPTER 3'3. 'FISHERS ' IS~
LAND IIARliOR MANAGE-
on the 21st'day'
Rela~0n:¢i6 '~endiag ~haote~ .33
M'fihag~ment of~..'th~..'c~de ~f ~the
Towh.~of'Sb'uthO[d~ .~ ~-~
NOTICE ffS'.FUR~
t~ht: ~e..T~wn .Board ~f th~, T0Wfi' of
S0utfibld'::~ill'.hbid~. a."Publie heating
Southold:.: To~' Hal!, 55095 .M~i:n
in waters bounding Fish'ers Ishmd
shall anchor in an area established by
thc Fishers lshmd Harbor
Committee. sul~iect to'iht following:
(1) No anchoring is permitted in
Inner Wcsi Harbor or Silver Ecl
Pond. ~ -
(2~' No overnight anchoring is per-
mitted in Hay ltarbor.
(3) Anchoring shall not be pemit-'
ted for a continuous period of more
than three consecutive nighis
~ ina fourteen-day period with an
anchorage unless authorized by the
Fi~e~ Island Bay Constable. which
anthorization may only be granted
for emergency situations.
(4) No boat shall be so moored or
anchored ~at' it at ~y time rests
within any Channel or inierferes With
the full use of such channel, nor shall
any boat be moored or anchored
within 50 t~et of any dock, pier or
other boat docking facilities.
B. No permanent moorings shall
be placed uuicss authorized by a per-
mit duly issued by thc Fishers lshmd
~ .... r~. ........ ~-~'* Harbor Committee
Secretary/Clerk. Au annual mooring
sticker issued to thc penniltce by the
Fishers tshmd E'xy C:::::.:::5~: Harbor
Committee $ecrct~u'y/Clerk indicates
authorization of thc permit.
(1) ~e location of each moo~g
shall be'assigned.b~ the Fishers
Island Ilarbor Committee for x~ters
bounding Fishers Island. Thc
Committ~ shall consider optimum
usc of available space, ye,scl salary,
environmental protection, impacts
on shorefront · property owners.
whether the mooring will be used for
vessel storage or IMng aboard and
lhc size and class of vessel, while
assigning mooring locations.
{2) lhe fees for a mooring permit
shall be those ~tablished by r~olu-
tion of ~e Southold Town Board.
(3) All mooring ~rmim shall
expire on December 31 of ~e year of
issuance. -
_ (4)~ m~ing buoys sh~l be
assigned a number by thd ~sher's
Ishmd a .... ~ ....... ~-~" Harbor
CommiHcc ~_~crelary/CJgrk, which
shall be affixed to thc buoy by the
permittee in numbcm at Icasf'fo~
inches in height.
(~)~e co~ittee ~ maintain
~e moo~g plan for West Harbor.
:~ L0c~ Law sh~ take effect
immedhteiy upon fling With'the
Se~e~ o~ State. ' ·
- '* Copies of this ~C~ Laware a~-
able ~ ~* Office of the Town Oerk
:m any ia~ere~md person d~ng busi-
CUndersc0re represents addition(s)
%Ov6~trike represents deletion(s)
Dated December 21, i~9.
ELIZABE~ A; NEVILLE
SOU~OLD TOWN CLE~
STATE OF NEW YORK)
)SS:
COI,INTY OF SUFFQLK).
~)(].OO~ ~- U[J ~ [~ ~ 3 of Maffituck, in ~id
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Maffituck, in the Town of
Southold, Coun~ of Suffolk and State of New York,
and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper
once each week fort ~ weeks succes-
sively,, commencing on the ~+~ day
of ~~t~ 20
- ~Principal Clerk
Sworn to before me this
day
of~ ~ISO~
/~ / ~~LIC, STATE OF NEW YORK
)LK COUNW
COMMISSION EXPIRES MAY 31
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southoid, New York
being duly sworn, says that on the ath day of J~an,,=ar,v 7~_~_
she affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town of.
Southold, Suffolk County, New York, to wit: Town Clerk"s Bulletin
Board, Southold Town Hail, 53095 Main Road, Southold, New York.
LEGAL NOTICE - NOTICE OF PUBLIC HEARING ON LOCAL LAW RE:
FISHERS ISLAND HARBOR MANAGEMENT". Public Hearing date:
5:O~p.m., Tuesday, Janaury 18, 2000.
- ~-~Elizai~eth A.-(Neville
Southoid Town Clerk
Sworn to before me this
ath day of __j~, _2000
-r'y Public
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JANUARY 18, 2000
5:05 P.M.
ON THE PROPOSED "LOCAL LAW IN RELATION TO AMENDING CHAPTER 3'~
ENIII'LED "FISHERS ISLAND HARBOR MANAGEMENT OF THE CODE OF THE TOWN
OF SOUTHOLD".
Present:
Absent:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Councilman John M. Romanelli
SUPERVISOR COCHRAN: We will go on to the second heating, which is in relation to the
Fishers Harbor Management. Craig, would you like to wet your feet on that one.
COUNCILMAN RICHTER: It would be my pleasure. "Notice of Public Heating on Local Law.
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 21st day of December, 1999, A Local Law entitled
"A Local Law in Relation to Amending Chapter 33 entitled "Fishers Island Harbor
Management of the Code of the Town of Southold". 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 18th day of January 2000,
at 5:05 P.M., at which time all interested persons will be heard.
This proposed "Local Law in Relation to Chapter 33 Fishers Island Harbor Management"
reads as follows:
A Local Law in Relation to Amending the Fishers Island Harbor Management Plan.
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 33, FISHERS ISLAND HARBOR MANAGEMENT
§ 33-6. Anchoring and mooring.
A. All boats temporarily anchored in waters bounding Fishers Island shall
anchor in an area established by the Fishers Island Harbor Committee, subject
to the following:
(1) No anchoring is permitted in Inner West Harbor or Silver Eel Pond.
(2) No overnight anchoring is permitted in Hay Harbor.
(3) Anchoring shall not be permitted for a continuous period of more than
three consecutive nights ',','!thin =n:,' in a fourteen-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 Wrthin
any channel or interfere~ with the full use of such channel, nor shall any bOat be
moored or anchored within 50 feet of any dock, pier or other boat docking
facilities.
B. No permanent moorings shall be placed unless authorized by a permit
duly issued by the Fishers Island Bey--Genstable Harbor Committee
Secretary/Clerk. An annual mooring sticker issued to the permittee by the
Fishers Island l~ay-Genstable Harbor Committee Secretary/Clerk indicates
authorization of the permit.
(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 moodng locations.
(2) The fees for a mooting permit shall be those established by resolution of
the Southold Town Board.
(3) All mooting permits shall expire on December 31 of the year of issuance.
(4) All mooting buoys shall be assigned a number by the Fisher's Island Bey
Genetable Harbor Committee Secretarv/Clerk, which shall be affixed to the buoy
by the permittee in numbers at least four inches in height.
(5) The Committee will maintain the mooring plan for West Harbor.
This Local Law shall take effect immediately upon filing with the Secretary of State.
Copies of this Local Law are available in the Office of the Town Clerk to any interested person
during business hours. Dated: December 21, 1999. Elizabeth A. Neville, Southold Town Clerk".
This was published January 6, 2000 in the Suffolk Times. I have verifications in the Suffolk
Times, and posted on the Town Clerk's Bulletin Board.
3
SUPERVISOR COCHRAN: Just like you have been doing it for years. Is there anyone who
would like to address the Town Board, either pro or con, in relation to the change on Fishers
Island Management?
JUSTICE EVANS: Just so, if anyone is interested, most of the law is already place. The only
thing that it is really is doing is changing who can issue the permits, changing from the Bay
Constable to the Harbor Committee Secretary/Clerk.
SUPERVISOR COCHRAN: Anyone like to address the Town Board, either pro and con? (No
response.) If not, I will close the hearing.
Neville(
Southold Town Clerk