Public Notice: Town of Southold — Hearing on Local Law in relation to Amendments to Chapter 189 Parking, in connection with Town Parking Permits

Event Date: 
Tue, 10/24/2017 - 7:31pm - 8:31pm

LEGAL NOTICE

NOTICE OF PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of September, 2017, a Local Law entitled “A Local Law in relation to Amendments to Chapter 189 Parking, in connection with Town Parking Permits” and

 

NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of October, 2017 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard.

 

The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 189 Parking, in connection with Town Parking Permits” reads as follows:

 

LOCAL LAW NO.      2017

 

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 189 Parking, in connection with Town Parking Permits”.

 

BE IT ENACTED by the Town Board of the Town of Southold as follows:

 

I.                Purpose.

 

II.        Chapter 189 of the Code of the Town of Southold is hereby amended as follows:

Chapter 189. Parking

Article I. Parking at Beaches

 

§ 189-3. Parking permits.

Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows:

 

            A.  Resident parking permit.

                        (1)       A resident parking permit shall be issued by the Town Clerk or a person

                                    designated by the Town Clerk to all persons who are qualified residents of

                                    the Town of Southold. Persons applying for a resident parking permit shall                                    be requested to sign an application in affidavit form and submit for                                              inspection the following as proof of residence: [Amended 5-25-1971; 3-

                                    25-1975 by L.L. No. 1-1975; 7-14-1987 by L.L. No. 11-1987]

                                    (a)        A valid tax receipt stub for the current year for any taxable real

                                                property within the Town of Southold assessed in the name of the

                                                applicant.

                                    (b)       A valid motor vehicle registration in the name of the applicant and

                                                to an address located within the Town of Southold or to an address

                                                corresponding to the address of a validated tax receipt stub for the

                                                current tax year for any taxable real property within the Town of

                                                Southold affixed to the application.

                                    (c)        Such other proof of residence as is satisfactory to the Town Clerk.

                        (2)       The Town Clerk or a person designated by the Town Clerk shall inspect

                                    such application to determine that the applicant is a qualified resident of

                                    the Town. Upon approval of the application, a resident parking permit

                                    shall be issued and inscribed with the vehicle license registration number.

                                    Such permit shall not be transferred to any other vehicle. [Amended

                                    3-25-1975 by L.L. No. 1-1975; 12-28-1984 by L.L. No. 10-1984]

                        (3)       Resident parking permits for motor vehicles shall be permanently

                                    affixed to the right side of the front bumper of such vehicle and shall

                                    be valid for the vehicle and an attached trailer.[Amended 5-9-1972;

                                    10-18-1994 by L.L. No. 21-1994]

                        (4)       The fee for the issuance of a resident parking permit shall be such fee as

                                    shall be prescribed by a resolution of the Southold Town Board.[Added

                                    3-25-1975 by L.L. No. 1-1975]

                        B.        Lessee parking permit.

                        (1)       A lessee parking permit shall be issued by the Town Clerk or a person

                                    designated by him to all persons who lease or rent property within the

                                    Town of Southold but do not qualify as residents as defined in § 189-3A

                                    hereof. Persons applying for a lessee parking permit shall present an

                                    application in affidavit form, signed by the lessee and the owner of the

                                    property, setting forth:

                                    (a)        The location of the leased or rented property.

                                    (b)       The persons occupying the same.

                                    (c)        The term of such tenancy.

                        (2)       Upon a determination by the Town Clerk or person designated by him that

                                    the applicant is entitled to a lessee parking permit and upon the payment

                                    of the permit fee, such permit shall be issued and inscribed with the

                                    vehicle license registration number and shall be affixed to the vehicle in

                                    the same manner as provided in § 189-3A(3) hereof.

                        (3)       The fee for the issuance of a lessee parking permit shall be such fee as

                                    shall be prescribed by resolution of the Southold Town Board.

                        C.        Hotel-motel parking permits.

                        (1)       Hotel-motel parking permits shall be issued by the Town Clerk or a person

                                    designated by him to the owners or their designated managers of hotels,

                                    motels, rooming or boarding houses and trailer parks, for use by the

                                    paying guests temporarily residing therein. Persons applying for a

                                    hotel-motel parking permit shall present an application to the Town Clerk

                                    in affidavit form, signed by the applicant, setting forth:

                                    (a)        The number of rental units available at the applicant's premises.

                                    (b)       The number of permits applied for.

                                    (c)        The designated business name, if any, of the premises applied for.

                        (2)       Upon a determination by the Town Clerk or a person designated by him

                                    that the applicant is entitled to such permits and upon payment of the

                                    required permit fee, permits shall be issued; provided, however, that the

                                    number of permits issued shall not exceed the number of rental units

                                    available at the premises applied for. Such permits shall be inscribed with

                                    the name of the applicant or the designated business name of the                                                     applicant's premises and shall be used only by paying guests occupying

                                    the premises for which such permits are issued.

                        (3)       Hotel-motel parking permits shall be transferable and shall be displayed

                                    on the dashboard on the passenger side of the vehicle. The owner or

                                    manager to whom such permits are issued shall make no charge for the use

                                    of such permits by such guests, but may require a deposit to ensure return

                                    of a permit. [Amended 11-24-1992 by L.L. No. 19-1992]

                        (4)       The fee for the issuance of a hotel-motel parking permit shall be such fee

                                    as shall be prescribed by resolution of the Southold Town Board.

            D.        One-day nonresident permits.

                        (1)       One-day nonresident parking permits may be issued for the parking of

                                    vehicles on the parking areas at Southold Town Beach, and Norman E.

                                    Klipp Marine Park and New Suffolk Beach to any person by the attendant

                                    on duty at such parking areas or by the Town Clerk. [Amended 5-9-1972;

                                    4-14-1998 by L.L. No. 5-1998; 7-17-2007 by L.L. No. 17-2007]

                        (2)       Such permit shall be valid only for the day on which the same is issued.

                                    Any permit not fully filled in shall be invalid. [Amended 4-14-1998 by

                                    L.L. No. 5-1998]

                        (3)       The fee for the issuance of a one-day nonresident parking permit shall be

                                    such fee as shall be prescribed by resolution of the Southold Town Board.

                        E.         Guest permits.

                        [Added 12-28-1982 by L.L. No. 9-1982]

                        (1)       Guest parking permits shall be issued by the Town Clerk or a person

                                    designated by the Town Clerk to all persons who are qualified residents of

                                    the Town of Southold, as defined in § 189-3A hereof, for use by guests

                                    temporarily residing in the dwelling of such resident. A resident applying

                                    for a guest parking permit shall present an application in affidavit form,

                                    signed by the applicant, setting forth the following:

                                    (a)        The location of the property to be occupied by the guests.

                                    (b)       The names and permanent addresses of the guests.

                                    (c)        The length of time of the guest occupancy.

                        (2)       Upon a determination by the Town Clerk or person designated by the

                                    Town Clerk that the applicant is entitled to a guest parking permit and

                                    upon the payment of the permit fee, such permit shall be issued and

                                    inscribed with the vehicle license registration number and shall be affixed

                                    to the vehicle in the same manner as provided in § 189-3A(3) hereof.

                        (3)       The fee for the issuance of a guest parking permit shall be such fee as shall

                                    be prescribed by a resolution of the Southold Town Board.

            F.         Nonresident seasonal beach parking permit. Beach parking permits for

                        nonresidents for the period January 1 through December 31 may be issued by the

                        Town Clerk of the Town of Southold upon application therefor at a sum

                        prescribed by resolution of the Southold Town Board, which annual sum shall

                        include both the vehicle and boat trailer. [Added 7-14-1987 by L.L. No. 11-1987;

                        amended 10-23-1990 by L.L. No. 21-1990; 10-18-1994 by L.L. No. 21-1994;

                        2-23-1995 by L.L. No. 4-1995]

            G.        Trailer Permit. 

            1.         A Trailer Permit shall be required for any trailer used to launch a boat at

                        the boat ramp or road end locations set forth in section 189-2 B or C.

            2.         A Trailer permit shall be required at all times to park a trailer in any of the

                        parking areas designated in sections 189-2 A, B, or C.

            3.         A Trailer Permit shall be issued by the Town Clerk or a person designated

                        by him to all persons who are qualified residents of the Town of Southold.

                        Persons applying for a Trailer Permit shall be required to meet the same

                        requirements set forth in section 189-3 A.

            4.         A trailer Permit shall be affixed to the tongue of the trailer.

            5.         The fee for a Trailer Permit shall be set from time by time by resolution of

                        the Town Board.

            H,        Commercial Boat Hauler/Launcher Permit. Any business engaged in the

                        launching of transporting and/or launching boats shall be required to obtain a

                        Commercial Boat Hauler Permit.

            1.         A Commercial Boat Hauler/Launcher Permit shall only be issued by the

                        Town Clerk or a person designated by him to an individual or corporate

                        entity engaged in the business of transporting and/or launching  boats

                        with a principle place of business located in the Town of Southold.

            2.         The fee for a Commercial Boat Hauler/Launcher Permit shall be set from

                        time by time by resolution of the Town Board.

            G.I.      Night fishing parking permit. For the purpose of ensuring fishermen and shell

                        fishermen parking access to the beaches, creeks and waters within the Town of

                        Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.),

                        the following exception to § 189-2G is hereby created: [Added 8-10-2010 by L.L.

                        No. 8-2010]

                        (1)       Night fishing parking permit. A night fishing parking permit shall be

                                    issued by the Town Clerk or a person designated by the Town Clerk to all                                                 persons who hold a resident, lessee or guest parking permit.

                        (2)       Any motor vehicle having a night fishing parking permit shall be deemed

                                    not to be in violation of § 189-2G or § 189-3G where both the night

                                    fishing permit and the resident, lessee or guest parking permit are properly                                     displayed.

                        (3)       The following rules and regulations apply:

                                    (a)        At the time a motor vehicle with a night fishing permit is parked at

                                                a location during a time in which parking is normally prohibited by

                                                § 189-2G and § 189-3G, the occupants of the vehicle must have

                                                fishing equipment and be actively engaged in fishing. The permit

                                                is nontransferable and valid only for vehicles bearing the license

                                                plate number on the permit.

                                    (b)       Fees. There shall be no annual fee for night fishing permits.

                                    (c)        Duration of permits. All night fishing permits provided for in this

                                                section shall expire at the same time as the resident, lessee or guest

                                                parking permit.

                        (4)       Other regulations. Persons using parking areas pursuant to the provisions

                                    of this section shall comply with all other laws, ordinances, rules,                                                   regulations and restrictions thereto

 

II.        SEVERABILITY

If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

 

IV.       EFFECTIVE DATE

This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as provided by law.

 

Dated:  September 12, 2017                           BY ORDER OF THE TOWN BOARD

                                                                        OF THE TOWN OF SOUTHOLD

                                                                                    Elizabeth A. Neville

                                                                                    Southold Town Clerk

 

*          *          *