HomeMy WebLinkAboutTB-08/17/1965 131
MEETING OF AUGUST 17, 1965.
The Southold Town Board met at theooffice of Supervisor Lester-M..
Albertson, 16 South Sjgreet, Greenport, New York, on August -17, 1965.-
The meeting was called to order at 3:00 P.M. with the following pres-
ent: Supervisor Albertson; Councilmen Demarest and Valentine; Justice
Tuthill; Town Attorney Tasker and Town C1erkRichmond.
Moved byJustice Tuthill; seconded by Councilman Demarest;
RESOLVED: That the minutes of August 10, 1965 be %and they are hereby
approved.
Vote of--Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine: Justice Tuthill.
Moved by Councilman Valentine; seconded by Justice Tuthill:
WHEREAS, Southold' Planning Board has prepared an official report
and recommendation upon the petition of James J. Olsen, Mattituck,
New York', and Rose M. and Clayton H. Clark, Peconic, New York, for.
changes of zone from "A" Residential and Agriculural District to
"B-211 Business District on certain property situate in Mattituck
and Peconic, New York,
NOW, ,-THEREFORE, BE IT RESOLVED: That a public hearing will be held by
the Southold Town Board at the Supervisor' s off ice, .16 South Street,
Greenport, New York, on September 7, 1965, at 7:30 o'clock P.M. on
the above mentioned petitions and that the Town Clerk be and he hereby
is authorized and directed to cause a notice. of said hearingssto be
published in the Suffolk Times pursuant to the requirements of law.
Vote of Town Board: Ayes-Supervisor' `Albertson; Councilmen Demarest
and Valentine; Justice Tuthill.
Moved by Councilman Demarest; seconded by Councilman Valentine:
WHEREAS,: a petition was received from' Allen A. & Hazel E. Mickle.
requesting a change of zone of certain property in Orient, New York,
described in said petition from "A" Residential and Agricultural
District to "B" Business District,
NOW, THEREFORE, BE IT RESOLVED: That the Town Clerk .of. the Town of
Southold be and he hereby is directed to transmit this application
to the' Planning Board in accordance' with Section 901, Subdivision C
of Article IX. of the Building Zone Ordinance of the Town of Southold.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justice Tuthill.
Moved by Councilman Demarest; 2seconded by Councilman Valentine;
RESOLVED: That- Howard K: Terry, 'Building Inspector, Town of Soithold,
be and he hereby is authorized to attend State Building Officials
Convention at Albany, New York, on October 21 and 22, 1965,
and be it further
RESOLVED: That all actual and necessary expenses to travel, meals.
lodging incurred while attending said Convention be a legal charge
against the Town.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justice Tuthill.
Moved by Councilman Valentine; seconded by Councilman Demarest;
WHEREAS, -THIS Board. deems it in the best interest of the Town of
Southold that an Ordinance entitled "GOOD ORDER ORDINANCE" be adopted
NOW, THEREFORE, BE IT RESOLVED: That a public hearing will be held
by the Townii�Boarfd of the Town of Southold at the Supervisor' s Office,
16 South Street, Greenport, New .York, on the 7th day of September,
1965, at 7: 30 o'clock P.M. on the matter of the enactment of the
following Ordinance, to wit:-
GOOD ORDER ORDINANCE
SECTION I. No person or persons shall consume alcoholic beverages from
anyccontainer while operating any kind of- a vehicle, or as a passenger
of any kind of vehicle, or as a pedestrian on any public highways within
the Town of Southold,
SECTION .2.. Any person who shall violate any provision of ;t�his ordinance
shall .be guilty of -an offense, and, conviction thereof, shall ,be -:punish
able by imprisonment in the County Jail for ,a. term not- to exceed.-six.
months. or by a, fine not -to .exceed $50.00, or by both ;fine,,and imprison-
ment.
SECTION #3• If any clause, sentence, paragraph,, section. or .part ,of;
this section 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' operat-ion to the
clause, sentence, paragraph, section or part thereof, directly:-
involved
in the controversy- in which such judgment shall, have been rendered.
Vote of Town Board: Ayes-Supervisor Albertson, Councilmen- Demar_est
and Valentine; Justice Tuthill.
Moved by Councilman Valentine; seconded.by Justice..;-Tuthill.,
WHEREAS, .'this Board. .deems -it in the best interest of the Town of
Southold..that an Ordinance entitled "AN. ORDINANCE REGULATING THE,
TAKING AND THE MANNER OF- TAKING SHELLFISH..IN..THE,.TOWN .OF,.,SOUTHOLD".
be adopted-,,,.. - .
NOW, THEREFORE, BE IT RESOLVED: That a public hearing will be held by ;
the Town Board .of the .Town.'.of Southold at the Supervisor's Office,
16 . South .Street, Greenport, New:..York,, on. the ,31st ,day of August],,cs,
1965, at 7:30 o'clock P.M. .on the matter of the enactment, of the,
following Ordinance,..to .wit:- .
',AN ORDINANCE.:REGULATING THE TAKING AND THE ;
MANNER OF."TAKING.;SHELLFISH .IN THE .TOWN OF
SOUTHOLD..
SECTION I.' Title
This ordinance shall be known as the "Shellfish ,Ordinance
of.. the Town of Southold."..
SECTION II. Definitions.
(a) T.he :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 As is ;vested in ,the, Town of
Southold and/or ,in the Board of,: Trustees of7. the, Town of, Southold;.
-
(b) The term "permanent resident sha_11 mean,,a person
who has, during the period of not less than sixty (60) days immediate-
ly preceding the_ dhte. -of.his application for,_a.,,license-hereunder,,,or ..
the date .of taking shellfish if .no:.permit.-. isr1 .qWt eA, maintained.,r,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,,.., occu-.
pied living quarters within the Town of Southold.
(e) The .term.-"shellfish" shall. mean clams, escallops.
and oysters.
(f)..:The term :"commercial .purposes" shall,-mean ,any. use
or purpose. other- than for , food: consumption by. the.:persons ..taking,
shellfish or. .by members of such :person:s,household;..
SECTION III. 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.
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(b)_ Shellfish may be taken from. town waters by. a temporary
resident upon first 'obtaining a' temppraryyresident shellfish permit
therefor from the Town Clerk of the Town of Southold.
(c) Shellfish may be taken from town waters for noncommercial
purposes by a permanent resident without obtaining a permit therefor.
..(d).. Shellfish may be taken from town'waters for - noncommerc-
ial purposes ,without obtaining a permit therefor by a guest when accom-
panied by-a permanent resident in whose dwelling such guest odcupies.,
living quarters.
". ..(e) No .person not a permanent resident, a temporary resident
. 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 shall, not be taken from town waters during the
period from April 1 to October 10, in each' year, both dato-s inclusive.
(b) Escallops shall not be taken fr6m town waters during the
period .from sunset to sunrise.
(6) Only escallops having an annual growth or measuring
more than 24 inches from .the middle of the hinge to the middle of
the bill may be taken from town waters.
(d) Escallops may be taken from town waters for commercial
purposes with a dredge or scrape, having an opening at the mouth of
not more than 36 inches in width, when towed by a boat operated by
mechanical power or' other means, provided that such dredge or scrape
is. brought' aboard the boat by hand power without -the use of a mechan-
ical device. .
(e) Subject to the provisions ,of this section, permanent
resident, a temporary resident or' a guest when accompanied by a perm-
anent resident may take from town waters by hand or' with- a scalp net
not more than two (2) pecks ofescallops in any one day, for other
than commercial purposes.
(f) Not more-. than ten (10). `bushels of escallops 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 twenty ('20) bushel's 'of escallops in one day
for commercial purposes. The presence of more than twenty (20) bushels
on any boat in town waters shall be deemed presumptive evidence of a.-, -_
violation of this subdivision.
SECTION V. Clams.
(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 in the long-
est diameter shall not be taken from town waters.
. (c) . Churning by. power may be employed, in the taking of soft
clam's'on 'lands below low tide line in town waters. '
(d) A permanent- resident, a temppranyyresident 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.
43
(b) Oysters. shall not betaken 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 betaken from town waters.
(d) A.permanent resident, a temporary resident, or a guest
when accompanied by a permanent resident may. take not. more than two
(2) .,pecks, of oysters from town waters on .any one day for other than.
commercial purposes.
(e) Not more than five (5). bushels of. oysters may be
taken from town-waters for commercial purposes in one .day .b a yny 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 Ithan ten '(10)
bushels 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,,al%ve to the water.
Town .
(b) All lands under/waters distuibe&,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 provisionT, of this ordinance,
the Town Board of Trustees may authorize the..transplanting ' of shell-
fish .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
5
of this ordinance shall be deemed to have committed an. offense against
such .ordinance and also shall be liable for any such violation or
penalty therefor.
(b) For every violation of any provision 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 .both such fine. and imprisonment..'
(c) A second conviction for 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 issued to sueh. person.
No new permit shall be issued to such .person for At least one year
after such for-feiture.
('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 punish7-,.
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-
pliance with, or 'to restrain by injunction the violation of, this
ordinance. .
SECTION 'XII. Repeal.
All ordinances or regulations heretofore adopted in conflict
with this ordinance are 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 involved
in the controversy in which such. judgment .shall have been rendered..
SECTION XIV. E ctive Date � Vi;� `�asS 7:)
This_-ord-tnance--shall take e-ffe`c—immediately. _
Dated: -iugu-st-14;,,1-965-: BY ORDER OF TIT TOWN BOARD.
OFT OWN OF_JSOUTHOLD..__.
Albert W_,P R1chmon_d
t Tow Clerk