A. COMMISSION NATURAL BEDS
Definitions. As used in this ordinance, the following terms shall have the meanings indicated:
The Norwalk Shellfish Commission established pursuant to this ordinance.
The natural oyster, clam and mussel beds which are designated as Tracts I through 7 on that certain map entitled the "Map of the Natural Oyster, Clam and Mussel Beds in the Town of Norwalk, Connecticut, December 1882, G.S. Aiken, C.E." Said designation of the natural oyster, clam and mussel beds was confirmed by a decree of the Superior Court for Fairfield County, dated December 12, 1882.
B.
There is hereby created the Norwalk Shellfish Commission, which Commission shall consist of five members as hereafter set out. Said Commission shall have charge of all the shellfisheries and shellfish grounds lying in said Norwalk, designated as natural beds, not granted to others and not under the jurisdiction of the State Shellfish Commissioners, including all rivers, inland waters and flats adjacent to all beaches and waters within the limits and marine bounds of said Norwalk.
C.
The Mayor shall appoint five members to the Board, two of whom shall serve for three years, two of whom shall serve for two years, and one of whom shall serve for one year. Upon the expiration of said initial terms, the Mayor shall each year appoint successors, each for a term of three years. The Mayor and the Director of Public Health shall be ex officio members of said Commission.
D.
No person shall dig, harvest or float any oysters, clams or mussels within the waters or tidal flats within the limits and marine bounds of the City of Norwalk (other than from privately designated, privately leased or privately owned shellfish grounds), except in accordance with the terms of a license issued by the Commission. No person shall use any power-driven tool or other commercial device, such as a bull rake, to harvest oysters, clams or mussels within the waters of tidal flats within the limits of the City of Norwalk that are under control of the Shellfish Commission, except by express written permission of the Shellfish Commission.
[Amended 4-12-1972; 3-22-1983; 5-13-1997]
E.
The Commission shall issue licenses for the taking of shellfish therefrom and fix the fees therefor and may designate the quantities of such shellfish to be taken, the sizes of such shellfish and the methods of taking.
F.
Applications for any of said licenses may be made by any resident of the city, or by a nonresident for an individual license, upon forms to be prescribed by the Shellfish Commission, and which shall include the following:
[Amended 4-12-1972]
(1)
The name and address of the applicant.
(2)
The agent in charge of the business.
(3)
The area or areas in which harvesting is to be carried out.
(4)
The period during which taking is to occur.
(5)
A description of the vessel or boat to be used, including any identifying registration numbers or designations.
G.
No license shall be issued by said Commission for the taking of shellfish from any area in Norwalk waters declared polluted by the State Department of Health unless a license shall have been obtained under § 19-59 of the General Statutes of the State of Connecticut and presented with any application for license. As a further condition of such license, the application therefor shall also contain the following:
(1)
A statement of the estimated amount of the harvest to be taken from the polluted area.
(2)
The location and ownership of areas to which the harvest is to be transplanted.
(3)
The names and addresses of persons to whom the harvest is to be sold.
(4)
The manner by which and by whom said harvest is to be transplanted from the area of taking to the area of transplant or to delivery to a purchaser.
H.
Unless said Commission shall affirmatively find that the contemplated harvesting of polluted areas and the disposition under the conditions set out in the application will not constitute a danger to the public health in the passage of shellfish from such polluted areas to the commercial market for retail sale, it shall not issue a license to take shellfish from the areas declared polluted by the State Department of Health.
I.
Application shall be made to said Commission at the office of the Norwalk Health Department in said city.
J.
In addition to the issuance of licenses as herein set forth, said Commission may prohibit the taking of shellfish from certain areas designated by the Commission for periods not in excess of one year.
K.
Any person who shall violate any of the provisions of this ordinance or who shall transplant or dispose of shellfish harvested by him in a polluted area other than that set forth in his application shall be fined not less than $50 nor more than $99 for such violation. In addition to the penalties herein prescribed, any person shall forfeit the harvest in his possession at the time of any violation.
[Amended 3-22-1983]