In this ordinance, unless the context requires otherwise, the following terms shall have the meanings indicated:
ANCHOR
A vessel secured to bottomland employing an anchor which is removed from the bottomland every time the vessel is underway.
[Amended 11-21-2016]
BAY BEACH AREA
A. 
Peconic Beach Road: all that area, 75 feet in width, owned by the Freeholders and Commonalty of the Town of Southampton, known as "Peconic Beach Road," bounded on the east by Sebonac Inlet, bounded on the west by the entrance of Shinnecock Canal, and bounded on the north by the high-water mark of Peconic Bay.
B. 
Shinnecock Beach Road: all that area, 50 feet in width, owned by the Freeholders and Commonalty of the Town of Southampton, known as "Shinnecock Beach Road," bounded on the east side by the entrance to Old Fort Pond, bounded on the west by a point 300 feet west of Crab Road, Hampton Bays, and bounded on the south by the high-water mark of Shinnecock Bay.
C. 
Tidal water lands (bays, creeks, harbors): all that area between the high-water and low-water marks adjacent to Shinnecock Bay, Tiana Bay, Moriches Bay, Quantuck Bay, Mecox Bay, Sagaponack Pond and all those inland creeks, bays or harbors located from the Riverhead Town line to the East Hampton Town line which borders the Peconic Bay system, including those areas within incorporated villages. Said areas are owned by the Freeholders and Commonalty of the Town of Southampton.
BEACH EVENTS
Any social activity or similar gathering proposed to be located within the Ocean Beach Area where the event is a catered event.
BEACH FENCING
Sand fencing that is installed solely for the collection of sand for the replenishment of the dunes.
BOAT RAMP
A boat ramp shall also include any area associated with it, including, but not limited to, any parking lot, bulkhead, or dock.
[Added 3-4-2024]
BOAT VESSEL
Every description of watercraft or artificial contrivance used, or capable of being used, as a means of transportation on water.
CHANNEL SYSTEM
The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters and commonly or usually traversed by watercraft, and, in addition, refers to man-made or stabilized waterways designed for the navigation of watercraft. For the purpose of Town Code Chapter 111, boat basins and bathing areas are included in the channel system.
COMMERCIAL PURPOSE
The taking of shellfish for any use or purpose other than for food consumption by the person taking or by such person's immediate family or household.
COMMERCIAL USER
Any person whose business involves the use of Trustees' ramps, docks, or bulkheads (i.e., boatyard, dock builders, dredging). Nothing in this definition shall be deemed to include commercial baymen.
[Amended 3-4-2024]
DOCK
Any structure floating or fixed (i.e., catwalk or fixed walkway) that is erected for the purpose of securing a vessel to it.
[Added 9-12-2022]
DUCK BLIND
Any structure or device, whether it be affixed, floating, portable or otherwise, constructed or used for the purposes of hunting waterfowl.
[Added 11-21-2016]
FREEHOLDER
Any person who owns real property in the Town of Southampton, which is his or her principal place of abode and domicile, or a member of his immediate family, under 19 years of age, actually residing on said property.
HOUSEBOAT
A boat, barge or other craft equipped for use primarily as a dwelling, as opposed to primarily used for transportation over the water.
JUMP SHOOTING
When a hunter, without the use of decoys, finds waterfowl resting in the bays, potholes or wetlands and then, by walking, creeping or crawling, gets within range of the waterfowl in order to "jump" the waterfowl into the air for a shot.
[Added 11-21-2016]
MOOR
A vessel secured to an anchor or stake, which remains in position on the bottomland while the vessel is underway (mooring).
[Amended 11-21-2016]
NONRESIDENT
Any person not identified as a resident, student resident, freeholder or taxpayer.
OCEAN BEACH AREA
All those premises along the Atlantic Ocean bounded on the north by the crest of the primary dune; bounded on the east by the East Hampton Town line; bounded on the south by the high-water mark of the Atlantic Ocean; and bounded on the west by the Brookhaven Town line, including those areas within incorporated villages. Said area shall be the easement held in favor of the Freeholders and Commonalty of the Town of Southampton.
OWNER
Includes the person under whose name the vessel was last registered with the United States Coast Guard or within any state of the United States, if requiring a registration, and, in any other case, the last known owner or person who claims lawful possession of such vessel by virtue of legal title or equitable interest therein which entitles him to such possession.
PASS SHOOTING
When a hunter, without the use of decoys, gets under a flight line of waterfowl and shoots the waterfowl as they travel by.
[Added 11-21-2016]
PERSON
A natural person, whether male or female.
RESIDENT
A person who, during the period of not less than 12 months immediately preceding his or her application for a permit hereunder, has had a principal place or abode and domicile in and shall have actually and continuously resided within the Town of Southampton for said twelve-month period. Notwithstanding the foregoing and solely for purposes of obtaining a commercial shellfish permit, "resident" shall mean a person who, at the time of application therefor, has a principal place of abode and domicile within the Town of Southampton.
SHELLFISH
Oysters, escallops, hard clams, soft clams, razor clams, crabs, shrimp, all kinds of mussels, skimmer or surf clams, periwinkles, conchs, and quarter-decks also known as slipper shells.
SHORE BLIND
Any fixed structure constructed on land adjacent to the water for the purposes of waterfowl hunting.
[Added 11-21-2016]
STAKE BLIND
Any fixed structure used in fresh water ponds affixed to the bottomland for the purposes of waterfowl hunting.
[Added 11-21-2016]
STUDENT RESIDENT
A person duly registered in SUNY Stony Brook - Southampton and certified by the Dean of the College to have been a student for a period of at least 12 months immediately preceding the date of application for a permit hereunder. Such person shall be deemed to be a resident, as defined herein. Student identification is required.
TAKING
The actual taking or catching, and all lesser acts such as, but not limited to, disturbing, aiding in the harvesting, or using any implement or device commonly used to take shellfish or other products of the waters, whether the result is taking or not, and includes every attempt to take.
TAXPAYER
A person who owns real property as shown on the assessment rolls of the Town of Southampton but is not a resident as defined herein.
TEMPORARY RESIDENT
A person who is temporarily visiting and occupying living quarters within the Town of Southampton.
TIE UP
Secure by means of rope or line to a fixed or floating object.
TOWN WATERS
All waters and lands below the mean high-water mark in any harbor, bay, pond, lake, creek or river in the Town of Southampton.
TRUSTEES
The Trustees of the Freeholders and Commonalty of the Town of Southampton.
WATERFOWL
A swimming bird typically found near the water, such as a duck or goose that is often hunted as game.
[Added 11-21-2016]
No civil action shall be maintained against the Board of Trustees of the Freeholders and Commonalty of the Town of Southampton for damages or injuries to person or property sustained by reason of any Trustee-owned road or sidewalk being defective, out of repair, unsafe, dangerous, or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such Trustee-owned road or sidewalk was actually given to the Board of Trustees and there was failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger, or obstruction complained of; and no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any such Trustee-owned road or sidewalk unless written notice thereof, specifying the particular place, was actually given to the Board of Trustees and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
If any section or subsection, paragraph, clause, phrase or provision of these regulations shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of these regulations as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.