The URL can be used to link to this page

Home My WebLink About1981 Code Supplement - 09/25/19810 GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 21 The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the lower right corner, indicates when the supplement was printed, not the adoption date of the Code changes. The page numbers should always correspond with this list. REMOVE Table of Contents, vii - viii 3201-3208 9201-9202 9227-9228 Do not remove pages 9229 - 9230 9230.1- 9230.4 INSERT Table of Contents, vii - viii 3201-3210 9201-9202 9227-9228 9228.1 9230.1- 9230.5 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 3-1981; 4-1981. 9-25-51 TABLE OF CONTENTS PART I ADMINISTRATIVE LEGISLATION vii 5-25-81 CHAPTER PAGE 1. General Provisions .............................. 101 Article I Adoption of Code [L.L. No. 4-1973] Articli 11 Legislation Enacted During Codification • 2. (Reserved) ...................................... .201 3. (Reserved) ......................................... 301 4. Assessors ........................................ 401 Article I Election [L.L. No. 1-1971] Article 11 Number [L.L. No. 2-1971] 5. (Reserved) ........ * .............................. 501 6. (Reserved) ....................................... 601. 7. Committees, Appointment of [L.L. No; 2-1980] ...... 701 8. (Reserved) ....................................... 801 9. (Reserved) ...................... 901 10. Ethics, Code of ................................. 1001 11. Expenses of Town Officers [L.L. No. 2-1975] ........ 1101 12. (Reserved) ...................................... 1201 13. (Reserved) ........................................ 1301 14. Local Laws, Adoption of [L.L. No. 1-1964] .......... 1401 15; (Reserved) ...................................... 1501 16. (Reserved) ..................................... 1601 17. (Reserved) ....................................... 1701 18. Police Department [L.L. No. 2-1964] ................. 1801 19. (Reserved) ............................ ........... 1901 20. (Reserved) ...................................... 2001 21. (Reserved) ..................................... 2101 22. (Reserved) ..................................... 2201 .23. (Reserved) .................................... :.. 2301 vii 5-25-81 SOUTHOLD CODE PART II GENERAL LEGISLATION CHAPTER PAGE 24. (Reserved) ...................................... 2401 25. (Reserved) ..................................... 2501 26. Appearance Tickets [L.L. No. 2, 1981] ............... 2601 27. (Reserved) ....... 2701 28. Bicycles ..... :................................. 2801 29. (Reserved) ..................................... 2901 30. Bingo and Ganges of Chance ...................... 3001 Article I Bingo Article II Games of Chance [L.L. No. 1-1977] 31. (Reserved) ..................................... 3101 32. Boats, Docks and Wharves ....................... 3201 Article I Obstruction and Use of Town Waters Article II Public Docks Article III Boats 33. (Reserved) ..................................... 3301 34. Building Construction ........................... 3401 35. (Reserved) ..................................... 3501 36. Burning, Outdoor ............................... 3601 37. (Reserved) ..................................... 3701 38. Dogs .......................................... 3801 Article I General Regulations [L.L. No. 1-1978] Article II Fees [L.L. No. 5-19781 39. (Reserved) ............................:.......... 3901 40. (Reserved) ..................................... 4001 41. Ducks ......................................... 4101 42. (Reserved) ..................................... 4201 43. Electrical Inspections [L.L. No. 1-1978] ............. 4301 44. Environmental Quality Review [L.L. No. 3-19781 ..... 4401 45. Fire Prevention [L.L. No. 3-1980] .................. 4501 viii 5-25-81 0 BOATS, DOCKS AND WHARVES Chapter 32 BOATS, DOCKS AND WHARVES ARTICLE I Obstruction and Use of Town Waters § 32-10. Permit required. § 32-11. Restricted areas at end of town highways. § 32-12. Issuance of permits by Board of Trustees. § 32-13. Penalties for offenses. ARTICLE II Public Docks § 32-20. Derinitions. § 32-21. Monopolization of docks, bulkheads and landing places prohibited. § 32-22. Penalties for offenses. ARTICLE .III, Boats § 32-30. Short title; applicability. § 32-31. Definitions. § 32-32. Sanitary regulations. § 32-33. Unnavigable boats; hazards to navigation. § 32-34. Operationof boats near beaches and bathers. § 32-35. Water skiers. § 32-36. Speed limits; manner of operation. (, 3201 § 32-10 SOUTHOLD CODE § 32-11 § 32-37. Internal-combustion engines; mufflers. § 32-38. Aquatic events. § 32-39. Penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of Southold: Article I, 5-18-59; Article II, 6-28-35; Article III, 10-4- 60. Sections 32-13, 32-22 and 32-39 amended, during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where applicable.] GENERAL REFERENCES Parking at beaches — See Ch. 95. Shellfish — See Ch. 77. Wetlands — See Ch. 97. ARTICLE I Obstruction and Use of Town Watersl [Adopted 5-18-591 § 32-10. Permit required. No person shall place any piles, stakes, buoys, piers, docks, bulkheads or other objects in or on any town waters or public lands under or adjacent to town waters in the Town of Southold, nor shall any person remove any sand, gravel or other materials from lands under town waters. in the Town of Southold, without first obtaining a permit therefor from the Board of Trustees of the Town of Southold 2 0 § 32-11: Restricted areas at end of town highways. No person shall moor, anchor or place any boat on any public. lands at the end of any town highway in the Town of Southold in 1 Editor's Note: See also Ch: 97, Wetlands. 2 Editor's Note: For provisions on soil removal generally, see Ch. 81, Soil Removal. 3202 § 32-11 BOATS, DOCKS AND WHARVES § 32-13 an area established by the Board of Trustees of the Town of Southold as a restricted area. § 32-12. Issuance of permits by Board of Trustees. The Board of Trustees of the Town of Southold is hereby • authorized and empowered: A. To issue revocable permits for the placing of piles, stakes, buoys, docks or other objects in or on any town waters or public lands under or adjacent, to town waters, and for the removal of sand, gravel or other materials from lands under town waters, provided that the same do not obstruct or interfere with navigation or the public use of said waters or lands. B. To establish and designate restricted areas at the ends of town highways in the Town of Southold wherein the mooring, anchoring or placing of boats shall be prohibited. C. To establish uniform fees for the issuance of permits required by this Article. § 32-13. Penalties for offenses. A. 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 im- prisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. B. In addition to the above -provided penalties, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Article. 3203 i § 32-20 SOUTHOLD CODE § 32-22 ARTICLE II Public Docks [Adopted 6-28-351 § 32-20. Definitions. For the purpose of this Article, the terms used herein are defined as follows: MONOPOLIZE — The use for an unreasonable period of • time to the exclusion of others, or to unreasonably restrict or obstruct the use, of any public bulkhead, dock or landing owned or controlled by the Town of Southold. PERSON — Includes an individual, copartnership, society, association, joint-stock company, club, cor- poration and any combination of individuals. § 32-21.. Monopolization of docks, bulkheads and landing places prohibited. It shall be unlawful for any person to monopolize, to the ex- clusion of others, any public dock, public bulkhead or public landing place within the boundaries of said Town of Southold (excluding therefrom the territory within the limits of the In- corporated Village of Greenport). § 32-22. Penalties for offenses. A. 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 im- prisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. B. In addition to the above -provided penalties, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to 3204 § 32-22 BOATS, DOCKS AND WHARVES § 32-33 compel compliance with or to restrain by injunction the violation of this Article. ARTICLE III Boats . [Adopted 10-4-601 § 32-30. Short title; applicability. A. This Article shall be known as the "Boat Ordinance of the Town of Southold." B. The following rules and regulations shall apply to all waters within the Town of Southold 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 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. § 32-31. Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOAT.- Every vessel propelled in any manner; except vessels having a valid marine document issued by 'the Federal Bureau of Customs or any foreign government. § 32-32. Sanitary regulations. [Amended 8-10-71] The dumping of oil, refuse, garbage, sewage or waste is prohibited. § 32-33. Unnavigable boats; hazards to navigation. A. Any boat which becomes a menace to navigation, or un- seaworthy, or sinks, grounds or otherwise becomes �� 3205 10-25-76 § 32-33 SOUTHOLD CODE § 32-35 • 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 by certified mail addressed to the registered owner's last known address as given by him or as stated in his certificate of registration. [Amended 8-26-76 by L.L. No. 3-1976140 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 Southold Town Board or its designated agent 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 to the owner of record. The town shall not be liable for any damage done to said boat during its removal, storage and sale. § 32-34. Operation of, boats near beaches and bathers. No boat propelled other than by hand shall cruise orbe operated within_ one hundred (100) feet of any lifelines or bathing float, or if there be no lifelines or bathing "float, then within one hundred (100) feet of any public or semipublic beach regularly used for bathing or swimming; except that such boat may approach or depart perpendicularly to or from such beach at less than five (5) miles per hour solely for the purpose of commencing or ending the ride. § 32-35. Water skiers. A. No person shall operate a vessel for towing a person on water skis, a surfboard or similar device unless there is in such boat or vessel a person, other than the operator, of at least ten (10) years of age, in a position to observe the progress of the person being towed. [Amended 3-7-611 3206 10-25-76 § 32-35 BOATS, DOCKS AND WHARVES § 32-37 B. No person shall ride on water skis, a surfboard or similar device, or use or operate a boat to tow a person thereon, be- tween the period of one (1) hour after sunset and one (1) hour after sunrise. [Amended 3-7-611 C. No person shall ride on water skis, a surfboard or similar device, or use or operate a boat to tow a person thereon, within one hundred fifty (150) feet of any public or semipublic bathing beach or public dock, or within fifty (50) feet of any swimmer or bather; nor shall any such persons engaged in such activities come within three hundred (300) feet of the shore line unless they approach or depart perpendicularly to or from the shore line solely for the purpose of commencing or ending the ride. § 32-36. Speed limits; manner of operation. A. The Town Board of the Town of Southold may, by resolution, limit the speed of boats in any waters to which this Article applies and shall cause notice of such speed limit to be posted at appropriate places in the areas af- fected. Any person who shall operate a boat in such areas at a greater speed than the speed specified in such notice shall be deemed to have violated this Article. B. Every person operating a boat shall at all times operate the same in a careful and prudent manner and at such a rate of speed as not to unreasonably interfere with the free and proper use of the waters or unreasonably endanger any person or property. § 32.37. Internal-combustion engines; mufflers. A. No boat propelled by an internal-combustion engine shall be operated on any inland fresh waters in the Town of Southold except in emergency or rescue operations or by peace officers in the performance of their duties. [Added 8- 10-711 B. No person shall operate a boat propelled wholly or partly by an engine operated by the explosion of gas, gasoline, 3207 § 32-37 SOUTHOLD CODE § 32-39 naphtha or other substance without having the exhaust from the engine run through a muffling device so con- structed and used as to muffle the noise of the exhaust in a reasonable manner. § 32-38. Aquatic events. Nothing herein contained shall prohibit the Town Board of the Town of Southold from issuing special permits for aquatic events, boat races or other such events under proper supervision in limited areas for limited periods. § 32-39. Penalties for offenses. A. 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 im- prisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. B. In addition to the above -provided penalties, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Article. 11 3208 • VEHICLES AND TRAFFIC Chapter 92 VEHICLES AND TRAFFIC ARTICLE I General Provisions § 92-10. Definitions of words and phrases. § 92-11. Authority to install traffic control devices. ARTICLE II One -Way Streets § 92-20. One-way streets designated. ARTICLE III Stop and Yield Intersections § 92-30. Stop intersections with stop signs. § 92-31. Stop intersections with flashing signals. § 92-32. Yield intersections. § 92-33. (Reserved) ARTICLE IV Parking, Standing and Stopping • § 92-40. Application. § 9241. Parking prohibited at all times. § 92-42. Parking prohibited during certain hours. § 9243. Parking for limited time only. § 9244. Stopping prohibited at all times. § 9245. Fire lanes. 9201 8-25-80 § 92-10 SOUTHOLD CODE ARTICLE V Emergency Removal of Vehicles § 92-50. Authority to remove vehicles. § .92-51. Storage and charges. § 92-52. Notice of removal. ARTICLE VI Penalties § 92-60. Penalties for offenses. § 92-10 [HISTORY: Adopted by the Town Board of the Town of Southold 6-21-66. Sections 92-20, 92-30, 92-31, 92-32 and 92-41 amended and §§ 92-42 and 92-43 added during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where applicable.] GENERAL REFERENCES Parking at beaches — See Ch. 85. ARTICLE I General Provisions § 92-10. Definitions of words and phrases. A. The words and phrases used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them by Article I of the Vehicle and Traffic Law of the State of New York. B. The following words and phrases, which are not defined by Article 1 of the Vehicle and Traffic Law of the State of New York, shall have the meanings respectively ascribed to them in this section for the purposes of this chapter: 9202 8-2,5-80 • r� U § 92-41 VEHICLES AND TRAFFIC § 92-41 Name of Street Side Location Eighth Street East Between Main Street (New York Route 25) and Corwin Street Jackson Street Both At Cutchogue, from the south - [Added 9-21-76 by erly curbline' of New Suffolk L.L. No. 4-19761 Avenue southerly for a dis- tance of 250 feet Love Lane East In Mattituck, from the north [Added 8-12-80 by curbline of New York Route 25 L.L.. No. 4-1980] northerly for a distance of 20 feet Love Lane West In Mattituck, from the north [Added 8-12-80 by curbline of Pike Street north- L.L. No. 4-19801 erly for a distance of 40 feet Love Lane West In Mattituck, from the 'north [Added 8-12-80 by curbline of Sound Avenue north- L.L. No. 4-19801 erly for a distance of 75 feet Main Street West Between a point 50. feet north (Village Lane) of the northerly curbline of Orchard Street and a point 675 feet southerly thereof Main Street East . Between New York Route 25 (Village Lane) and Orchard Street Marratooka Land West Between Peconic Bay and Park Avenue Mechanic Street East Between Main Street (New York Route 25) and Mechanic Street East New Suffolk Avenue Both At Mattituck, from the south - [Added 9-21-76 by erly curbline of New York • L.L. No. 4-1976] Route 25 easterly 'for a dis- tance of 500 feet New Suffolk Avenue Both At Halls Creek Bridge, Downs [Added 9-21-76 by Creek Bridge and West Creek L.L. No. 4-1976] Bridge for a distance of 250 feet easterly and westerly from the center_ lines of said bridges 9227 8-25-80 § 02-41 S.OUTHOLD CODE § 92-42 Name of Street Side Location North Bay View Road Both In Southold, for a distance of Reeve Avenue [Added 9-21-76 by L.L. No. 4-1976; repealed 8-12- 80 by L.L. No. 4-19801 Seventh Street East Between Main Street (New York Route 25) and Corwin Street § 92-42. Parking prohibited during certain hours. [Added 7-31- 731 The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations: Between the Name of Street Side Hours of Location • Bailie Beach Road Both 10:00 p.m. and In Mattituck, from [Added 9-21-76 by 7:00 a.m. Long Island Sound L.L. No. 4-1976] southerly for a dis- tance of 500 feet Bay Avenue [Repealed 8-12-80 by L.L. No. 4-19801 9228 8-25-80 450 feet easterly and westerly from the center line of Goose Creek Bridge Peconic Bay Boulevard Both At Mattituck, for a distance [Added 9-21-76 by of 250 feet easterly and west- • L.L. No. 4-19761 erly from the center line of Brushs Creek Bridge Peconic Bay Boulevard North At Mattituck, from New York [Added 9-21-76 by Telephone pole No. 22 easterly L.L. No. 4-1976] 650 feet to New York Tele- phone pole No. 16 Pike Street South In Mattituck, from the easterly [Added 8-12-80 by curbline of Westphalia Road L.L. No. 4-1980] easterly for a distance of 12 feet Reeve Avenue [Added 9-21-76 by L.L. No. 4-1976; repealed 8-12- 80 by L.L. No. 4-19801 Seventh Street East Between Main Street (New York Route 25) and Corwin Street § 92-42. Parking prohibited during certain hours. [Added 7-31- 731 The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations: Between the Name of Street Side Hours of Location • Bailie Beach Road Both 10:00 p.m. and In Mattituck, from [Added 9-21-76 by 7:00 a.m. Long Island Sound L.L. No. 4-1976] southerly for a dis- tance of 500 feet Bay Avenue [Repealed 8-12-80 by L.L. No. 4-19801 9228 8-25-80 • • § 92-42 VEHICLES AND TRAFFIC § 92-42 Skunk Lane Between the Name of Street Side Hours of Sigsbee Road Both 10:00 p.m. and [Added 9-21-76 by 7:00 a.m. L.L. No. 4-1976] Both 10:00 p.m. and Skunk Lane Both 10:00 p.m. and Extension [Added 7:00 a.m. 8-12-80 by L.L. No. 4-19801 Sound Avenue Both 10:00 p.m. and 7:'00 a.m. Sound Beach Drive Both 10:00 p.m. and [Added 9-21-76 by 7:00 a.m. L.L. No. 4-1976] Sound Drive Both 10:00 p.m. and 7:00 a.m. Town Harbor Lane Both 10:00 p.m. and 7:00 a.m. Watersedge Way [Added 9-21-76 by L.L. No. 4-19761 Whistler Avenue Both 10:00 p.m. and 7:00 a.m. North 7:30 p.m. and 11:30 a.m. 9230.1 Location In Mattituck,from the southerly curb - line of Peconic Bay Boulevard southerly to Peconic Bay In Cutchogue, from Peconic Bay west- erly for a distance of 150 feet In Greenport, from the guardrail at the northerly ter- minus to Sound Drive In Mattituck, from Long Island Sound southerly for a dis- tance of 100 feet In Greenport, from the northerly ter- minus southerly for a distance of 150 feet In Southold, from Peconic Bay to Ter- ry Lane In Southold, from and including its intersection with Rambler Road northwesterly for a distance of 150 feet In Fishers Island, from the easterly terminus westerly for a distance of 500 feet 8-25-80 § 92-42 SOUTHOLD CODE § 92-43 Between the Name of Street Side Hours of Location Youngs Road Both 10:00 p.m. and In Orient, from [Amended 9-21.76 7:00 a.m. the guardrail at by L.L. No. 4-1976] the northerly ter- minus southerly for a distance of 500 feet § 92-43. Parking for limited time only. [Added 7-31-731 The parking of vehicles is hereby prohibited for a longer.period of time than that designated, between the hours indicated, in any of the following locations: Name of Street Side Duck Pond Both Road [Added 8- 12-80 by L.L. No. 4-1980] Love Both Lane Between the Time Hours of Limit 7:00 a.m. and 2 hrs. 10:00 p.m. 8:00 a.m. and 6:00 p.m. Love Lane East 8:00 a.m. and [Added 8- 6:00 p.m., ex - 12 -80 by cept Sundays L.L. No. 4-1980] Location In Cutchogue, from the guardrail at the northerly terminus southerly for a dis- tance of 400 feet 2 hrs. Between New York Route 25 and Pike Street 5 min. In Mattituck, for a distance of 48 feet northerly commenc- ing from a point 136 feet north of the northerly curbline of New York Route 25 Oaklawn Both 8:00 a.m. and -1 hr. Between a point 300 Avenue 4:00 p.m., ex- feet southerly of the cept on Sat- south curbline of turdays, Sun- Main Street (New days and York Route 25) and a holidays point 700 feet south - 9230.2 8-25-86 § 92-43 VEHICLES AND TRAFFIC § 92-44 Name of Between the Time .Street Side Hours of Limit Location erly of the south curbline of Main Street (New York - Route 25) Pike Both 8:00 a.m. and 2 hrs. Between Westphalia • Street 6:00 p.m. Road and a point- . [Added 9- 200 feet easterly of. 21-76 by the east curbline L.L. No.. of Love Lane 4-1976] 'Skunk Lane Both Extension, [Added 8- 12-80 by L.L. No. 4-1980] 7:00 a.m. and 2 hrs 10:00 P.M. In Cutchogue, from Peconic Bay west- erly. for a distance of 150 feet § 9244. Stopping prohibited at all times. [Added 8-12-80 by L.L. No. 4-19801 The stopping of vehicles is hereby prohibited at all times in any of the following locations: Name of Street Side Location Love Lane East In Mattituck, from the north curbline of Pike Street north- erly for a distance of 20 feet Love Lane Both In Mattituck, from the south • curbline of Pike Street southerly for a distance,of 16 feet Pike Street Both In Mattituck, from the east curbline of Love Lane easterly for a distance of 16 feet 9230.3 a-25-80 § 92-44 SOUTHOLD - CODE § 92-50 Name of Street Side Location -Pike Street South In Mattituck, from the west curbline of Love Lane westerly for a distance of 18 feet § 9245. Fire lanes. [Added 8-12-80 by L.L. No. 4-19801 • n The parking of vehicles is hereby prohibited at all times in the following fire lane locations: A. At the shopping center located on the north side of New York Route 25, approximately one thousand four hundred (1,400) feet west of Cox Lane in .the Hamlet of Cutchogue, commonly known as the "Key Food Shopping Center," such fire lane to be thirty (30) feet in width from. the southerly sidewalk curbline on the south side (front) of the building and extending for the entire length of the store building. ARTICLE V Emergency Removal of Vehicles § 92-50. Authority to remove vehicles. When any vehicle is parked or abandoned on any highway during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned, or when any vehicle is found unattended on any highway where said vehicle constitutes an obstruction to traffic, or when any vehicle isparked or abandoned on any high- way where stopping, standing or parking is prohibited, said • vehicle may be removed or caused to be removed by a police of- ficer. (Cont'd on page 9231) 9230.4 8-25-80