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Home My WebLink About1991 Code Supplement - 07/25/1991GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 66 The enclosed new and/or replacement pages should be placed in • your Code volume immediately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. The adoption date of the most recent legislation included in this supplement is 64- 1991 (L.L. No. 12-1991). s The page numbers should always correspond with this list. REMOVE INSERT 3803-3805 3803- 3805 7707 -7708 7707 -7708 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 1-1-1991; 12-1991. 7-25-91 § 38-3 DOGS § 38-7 a Town Justice of the Town ofd Southold specifying the ob- jectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog. . § 384. Summons; arrest warrant. [Amended 64-1991 by L.L. No. 12-19911 A. Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice may summons the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person. B. The prosecution of any complaint, information or action brought pursuant to this section shall not be the responsibility of the Town Attorney. § 38-5. Seeing Eye dogs exempted. This Article shall not apply to Seeing Eye dogs during such time as such dogs are performing the functions for which they are trained. § 38-6. Seizure of dogs at large. [Amended 9-21-82 by L.L. No. 8-19821 Any dog found at large, not under effective restraint or in the immediate custody and control of the responsible person, may be • seized by a duly appointed Dog Control Officer or other duly appointed officer of the Town of Southold, confined and im- pounded. § 38-7. Confinement; redemption; disposition. [Amended 9-21- 82 by L.L. No. 8-19821 Any dog impounded under the provisions of this Article shall be confined in accordance with the provisions of the Agriculture and 3803 7-25-91 § 38-7 SOUTHOLD CODE §. 38-10 Markets Law of the State of New. York and may be redeemed by the owner or harborer thereof upon payment to the Town Clerk or Dog Control Officer of the sums set forth in the Agriculture and Markets Law. Any dog not so redeemed shall, at the option of the Dog Control Officer, be made available for adoption or be destroyed or given to a recognized society for the care and welfare of dogs. All proceedings shall be in accordance with the provisions • of the Agriculture and Markets Law of the State of New York. The fee for the adoption of a dog shall be in such amount as may be, from time to time, established by Town Board resolution. The Dog Control Officer may, as a condition to an adoption, require that the dog shall be spayed or neutered within one (1) year after such adoption and may require a deposit of twenty dollars ($20.) to assure that such dog is spayed or neutered within such time. § 38-8. Penalties for offenses. Any person committing an offense against any provision of this Article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. § 38-9. Severability. The invalidity of any section, provision or portion of this Article shall not invalidate any other section, provision or remaining portion thereof. § 38-1-0: When effective. C This Article shall take effect ten (10) days after its adoption. 3804 7-25-91 § 38-11 DOGS . § 38-11 ARTICLE II Fees [Adopted 9-26-1978 as L.L. No. 5-1978; amended in its entirety 10-23-1990 by L.L. No. 19-1990] § 38-11. License fees. 0A. Commencing on October 1, 1979, and until November 30, 1990, the license fee for dogs, inclusive of other statutory charges, is hereby set as follows: • (1) Five dollars ($5.) for a spayed or neutered dog. (2) Ten dollars ($10.) for an unspayed or unneutered dog. B. Commencing on December 1, 1990, the license fee for dogs, inclusive of other statutory charges, is set as follows: (1) Ten dollars ($10.) for a spayed or neutered dog. (2) Fifteen dollars ($15.) for an unspayed or unneutered dog. 3805 7-25-91 § 77-204 . SHELLFISH § 77-205 one (1) day for other than commercial purposes. [Amended 7-7-82 by L.L. No. 5-19821 E. Subject to the provisions of this section, not more than five (5) bushels of scallops may be taken from town waters for commercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat • may take, in the aggregate, not more than ten (10) bushels of scallops in one (1) day for commercial purposes. [Amended 7-31-73; 7-7-82 by L.L. No. 5-19821 F. Scallops shall not be taken from town waters during the period from sunset to sunrise. G. Scallops shall not be taken from town waters on Sundays except by hand or with a scalp . net. H. Only scallops having an annual growth line or measuring more than two and one-fourth (21/4) inches from the middle of the hinge to the middle of the bill may be taken from town waters. § 77-205. Clams. A. Hard clams less than one (1) inch in thickness shall not be taken from town waters. B. Soft or steamer clams less than two (2) inches in the longest diameter shall not be taken from town waters. C. Churning by power may not be employed in the taking of soft clams on land below the high -tide line in town waters. [Amended 6-4-1991 by L.L. No. 11-19911 D. A permanent resident, a taxpayer, a temporary resident or • a guest accompanied by a permanent resident may take not more than one hundred (100) clams from town waters in one (1) day for noncommercial purposes. [Amended 7.7-82 by L.L. No. 5-19821 E. Not more than one thousand (1,000) little neck clams may be taken from town waters for commercial purposes in any one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not 7707 7-25-91 § 77-205 SOUTHOLD CODE § 77-207 more than two thousand (2,000) little neck clams in one (1) day for commercial purposes. [Added 7-7-82 by L.L. No. 5- 19821 § 77-206. Oysters. A. Oysters shall not be taken from town waters during the period from May 1 to August 31 in each year, both dates inclusive. B. Oysters shall not be taken from town waters during the period from sunset to sunrise. C. Only oysters measuring more than three (3) inches from . the hinge to the bill may be taken from town waters. D. A permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from town waters in any one (1) day for other than commercial purposes. [Amended 7-7.82 by L.L. No. 5-19821 E. Not more than five (5) bushels of oysters may be taken from town waters for commercial purposes in one (1) day by any one (1) person. Two (2) or more persons occupying the same boat may take, in the aggregate, not more than ten (10) bushels of oysters_ in one (1) day for commercial purposes. [Amended 7-31-731 § 77.207. Blue claw crabs. [Added 7-31-731 A. Blue claw crabs measuring less than five (5) inches from point to point of the upper shell shall not be taken from the waters of the Town of Southold. • B. A permanent resident, a taxpayer, a temporary resident or a guest accompanied by a permanent resident may not take more than one-half (1/2) bushel of blue claw crabs from town waters in any one (1) day for noncommercial purposes. [Amended 7-7-82 by L.L. No. 5-19821 7708 7-25-91