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Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (7) Index
[HISTORY: Adopted by the Town Board of the Town of Southampton as Ch. 56 of the 1979 Code; amended in its entirety 1-24-2023 by L.L. No. 3-2023. Subsequent amendments noted where applicable.]
A. 
It shall be unlawful for any person to take, control, remove, disturb, or otherwise possess any shellfish as defined herein by § 278-2, from Southampton Town waters without a valid permit from the Trustees of the Freeholders and Commonalty of the Town of Southampton.
B. 
It shall be unlawful for any person to take, control, remove, disturb, or otherwise possess any shellfish, as defined herein by § 278-2, from Southampton Town waters, beyond the amount, limit, or time frame, or size of shellfish as specified within a valid permit issued to said person as set by the Trustees of the Freeholders and Commonalty of the Town of Southampton.
C. 
It shall be unlawful for any person to take, control, remove, disturb, or otherwise possess any shellfish, as defined herein by § 278-2, from Southampton Town waters, in a manner utilizing any tool or implement other than as specified within a valid permit issued to said person as set by the Trustees of the Freeholders and Commonalty of the Town of Southampton.
D. 
It shall be unlawful for any person to take, control, remove, disturb, or otherwise possess any shellfish, as defined herein by § 278-2, from Southampton Town waters, in a "management zone" as designated by the Trustees of the Freeholders and Commonalty by resolution. Designated management zones shall be reasonably described and posted in two designated local newspapers as such in accordance with Appendix A340.
Includes oysters, scallops, hard clams, soft clams, razor clams, crabs, shrimp, all kinds of mussels, skimmer or surf clams, periwinkles, conchs and quarterdeckers, also known as "slipper shells." See Appendix A340 for permit requirements as established by the Trustees of the Freeholders and Commonalty of the Town of Southampton.
A violation of this chapter shall be a violation level offense. A first violation of this chapter shall be punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both. A second conviction shall be punishable by a fine not to exceed $750 or imprisonment for a period not to exceed 15 days, or both. A third conviction shall be punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed 15 days, or both. Each violation including those occurring at different times within the same day shall constitute a separate additional offense.
A. 
The Town Board shall not amend this chapter without obtaining the prior written expression of the Trustees of the Freeholders and Commonalty of the Town of Southampton regarding the proposed amendment. The Town Board shall give written notice of any proposed amendment to the Trustees, who shall furnish the Town Board with their recommendation as to any such proposed amendment within 60 days thereof. Failure to make such recommendation within such sixty-day period shall be deemed as approval of such proposed amendment.
B. 
Upon receipt by the Town Board of a written recommendation by the Trustees of the Freeholders and Commonalty of the Town of Southampton of proposed amendments to this chapter, the Town Board shall schedule a public hearing thereof and shall notify the Trustees, in writing, of the date, time and place of said hearing.