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HomeMy WebLinkAboutTB-06/23/1966-S Z7 9 SPECIAL MEETING OF JUNE 23, 1966 . WEa the undersigned, being members of the Town. Board of the sown of Southold, Suffolk County, New York, do- severally waive notice of. 'the time; place and purpose of the meeting .of the Town Board to be held 7--. at Greenport, in the, Town of Southold, New_ York, .o.n.,Thursday, June 23 , 1966., and. do. hereby consent that the same be held on said -date for the transaction of any business which may properly come- before said meeting. Dated: June 23, 1966 Supervisor Lester M: Albertson Southold, New York Councilman Howard C. Valentine Councilman Louis M. Demarest 'Justice Ralph W. Tuthill Justice Henry A. Clark Justice E. Perry Edwards Albert W. _ Richmond, Town Clerk; A .special meeting. of the Southold Town Board was held at, the Supervisor ' s Office, :16 .South Street, Greenport, New York, on Thursday, June, 23; l`966, 'the members of the .Town Board having waived notice of,,,the. time, . place and purpose of the meeting. The.Meeting was called ,to order ..by . Supervisor Lester M. Albertson. Moved by Councilman Demarest; seconded by. Councilman Valentine; . RESOLVED: That , the Town of Southold or its Supervisor make a proper application to intervene as a party in the pending action in the federal courts of Bianchi v. . Grif.fing, et al. for the purpose, of appeal- ing the June, 1966 order, or orders of , the District, Court, ,Eastern District of New York to the Supreme Court of the United States and applying for a stay of said order pending such appeal, and it. is further RESOLVED: That the Town of Southold does .hereby, retain ,Smith, Tasker, Finkelstein and Lundberg, Esgs. 456. Griffing Avenue, Riverhead, . New York for the purposes of applying ,to intervene, appealingsaid order,.'. and applying for a stay of said order pending appeal and that said attorneys shall be paid a reasonable compensation. for such ,legal...services to be performed by them on behalf of the Town of. Southo,lj. ,Vote of Town Board: Ayes-Supervisor Albertson; :Counci-lmen Demarest and Valentine; Justices Tuthill, Clark and Edwards. Moved by. Councilman Demarest; seconded by Counoilman..Va`lentine;. -WHEREAS,- by resolution adopted by this Town Board- .on the 24th . day.'ot May, 1966, a public hearing was .authorized to be: held. in the matter. of the adoption of "An Ordinance Regulating the Taking and .-Manner of Taking Shellfish in ,the ,Town of Southold", and WHEREAS., "saidhearing was held by the Town Board on the - 23rd .day of June, 1966, ' at� which . time all interested.persons were given _an, oppor- tunity to be heard,`and WHEREAS, this Board deems .it in the .best interest of the, Town ,of 'Southold that', the Southold Town Ordinance regulating the taking and ;;, manner of taking shellfish be adopted, NOW, THEREFORE, BE IT .RESOLVED: That the Town Board of the Town of Southold enact the. following Ordinance, to wit-: AN ORDINANCE REGULATING THE ,TAKING AND THE MANNER .OF TAKING SHELLFISH IN THE TOWN OF- SOUTH OLD SECTION I. Title This ordinance. shall be. known as -the "Shellfish of the 'Down of Southold". SECTION II. Definition s (a) The term "town waters" shall- be deemed to mean .all waters and lands under tidewater..-;in any harbor, bay.;or, creek, title to which and the right of fishing in which is vested .in the Town of .Southold. and/or in the Board of Trustees of. the Town of Southold. ,, (b) The term "permanent resident", shall mean ;a :person who; has:, during the period of not less than sixty .(60) days immediately pre- ceding the date of his application for a .license hereunder, or the date of taking shellfish if no permit. is required, maintained a permanent dwelling within the Town of Southold. (c) The term "guest" .shall mean a person who occupies living quarters in a dwelling maintained,by a permanent resident. ` (d) -The term "temporary resident" shall mean a person who has, during the period of, not less than seven (7) days immediately preceding the date of his application for a license hereunder, occupied living quarters within the Town of Southold. . (e) .The -term "shellfish" shall mean clams, -escallops, and oys.ters.. (f) .The .term "commercial purposes" shall mean any use or purpose o-ther than .for food consumption by the persons taking shellfish or by member.s. .of. such persons. household. SECTION II.I.. . Taking of. Shellfish. (a) Shellfish may be taken from town waters- for commercial purposes by a permanent resident over' the age of sixteen (16) `years, .upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of Southold. (b) Shellfish may be taken -from - town waters by a temporary resident upon first obtaining a temporary resident shellfish permit therefor from the Town Clerk of the Town of Southold.- (c) Shellfish may be taken from town waters for rioncbmmercial purposes. by a permanent resident without obtaining a permit therefor. (d) Shellfish- may. be- taken- from town waters for noncommercial purposes without obtaining a- permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters. (e) No person not a permanent resident, a temporary resi.dent or a guest accompanied by a permanent resident shall take shellfish in any manner at any time from town waters. SECTION IV.• Escallops. .(a) Escallops may not be taken from town waters during the period from April l to the 3rd Sunday in September, in each year, both dates inclusive. I (b) Subject to the provisions of this section, during the per- iod from the first Monday after the 3rd Sunday in .September to October 9, in each year; both -dates inclusive, not more than two (2) pecks of escallops may taken from town waters in any one day by hand or with a scalp net. (c) Subject to the provisions of this section, during the period from October 10 to March3l, both dates inclusive, escallops may be taken from town waters with a dredge or scrape, having 'an opening at the mouth of not more than 36 inches in width, when towed by 'a boat oper- ated b y mechanical power or other means, provided that such dredge or scrape is brought aboard the boat by hand power without the use of a mechanical device. I (d) Subject to the provisions of this sectioh; a permanent resident, temporary resident or� a guest when accompanied by a permanent resident, may take from town waters net more than two (2) pecks of escallops in one day for other than commercial purposes. (e) Subject to the provisions of this section, not more than ten (10) bushels of escallops may be. taken from town waters for commercial purposes in any one day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than twenty (20) bushels of escallops in one day for commercial purposes. The presence of more than twenty (20) bushels of escallops on any boat in` town waters shall be deemed presumptive evidence of a violation of this subdivision. (f) Escallops shall not be taken from town waters , during the period from sunset to sunrise. (g) Escallops shall not be taken from town waters .on Sundays except by hand or with a scalp net. (h) Only escallops having an annual growth line or measuring more than 24 inches from the middle dT the hinge to the middle of the bill may be- taken from town waters. SECTION V. Clams. .2SI .(a) Hard clams less than one inch in thickness shall not be taken from town waters. . (b) Soft or steamer clams less than two inches iri the longest diameter shall not be taken from town. waters. (c) Churning by power may be employed in the taking of soft clams on lands below low tide line in town waters. (d) A permanent resident, a temporary resident or a guest :accompanied. by a permanent resident may take not more than two (2) pecks of clams from town waters in one day for noncommercial purposes. SECTION VI. 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 3 .inches from the hinge to the bill may be taken from town waters. (d) A permanebt resident, . a temporaryr.esident or a guest when. accompanied by a .permanent resident may take . not more than two. (2) pecks of oysters from town waters in any one day for other than commer- cial purposes. (e) Not more than five (5) bushels of oysters may be taken from town waters for commercial purposes in. one day by .any one person. 'Two or more persons occupying the same boat may take, in the aggregate, not more than ten (10) bushels of oysters in one day for commercial purposes. The presence of more than ten (10) bubhels of oysters on any boat in town waters shall be deemed presumptive evidence of a violation of this subdivision. SECTION VII. Permits. (a) The fee for a commercial shellfish permit shall be $5. 00. Such permit shall expire on December 31 of the _year of issue. (b) The fee for a temporary resident shellfish permit shall be $5. 00. Such permit shall be issued only for the period of time that such temporary resident occupies living quarters ..within the Town of Southold. (c) The holder of a shellfish permit shall carry the permit assigned to him on his person while engaged in the permitted activities, and the failure of such holder to exhibit his permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to him. SECTION VIII. Culling Shellfish and Restoration of Underwater Lands. (a) Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this ordinance shall be immediately returned alive to the water. (b) All lands under toWnrwaters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. SECTION IX. Restricted Areas. Shellfish shall not be taken from any town waters which have been restricted by the Town Board of Trustees provided such restricted areas shall have been properly designated by resolution duly passed by said Board of Trustees, and properly staked, and notices posted by said Board of Trustees. SECTION X. Transplanting Shellfish. Notwithstanding any other provision of this ordinance, the Town Board of Trustees may authorize the transplanting of shellfish in town waters of any age or size, subject to its supervision, when it shall find that such shellfish are in danger of destruction as the result of predators or other causes. SECTION XI. Penalties. (a) Any person convicted of a violation of any provision- of this ordinance shall be deemed to have committed an offense against such ordinance, and also shall be liable for any such viola-'ion or penalty therefor. (b) For every violation of any provisions of this ordinance, the person violating the same shall be subject to a fine of not more than One Hundred Dollars ($100.00.) or imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. (c) A second conviction fbr a violation of any of the pro- visions of this ordinance within a period of one year shall constitute and effect an immediate forfeiture of a permit to such person. No new permit shall be issued to such person for at least one year after such forfeiture. (d) " Any person violating this ordinance shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible 'by and in the name of the Town. (e) In addition to the above provided penalties and punish- ment, the Town Board may also maintain an action or proceeding in the name of the -Town in a Court of competent jurisdiction to compel com- liance with, or to restrain by injunction the violation of, this ord9 inance. SECTION XII. Repeal. ) All ordinances. or regulations heretofore adopted in conflict with this ordinance `ar-e hereby repealed. SECTION XIII. Saving 'Clause. If any clause; sentence, paragraph, section or part of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation- to the - clause, sentence, paragraph, section or part thereof directly invol4ed in the controversy in which such judgment shall have been rendered, SECTION XIV. Effective Date. This ordinance shall take effect immediately. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill, Clark and Edwards. Adjournment was at 4 :15 P.M. Albert W. Richmond Town Clerk `