In this ordinance, unless the context requires otherwise, the
following terms shall have the meanings indicated:
A vessel secured to bottomland employing an anchor which
is removed from the bottomland every time the vessel is underway.
[Amended 11-21-2016]
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.
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.
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.
Any social activity or similar gathering proposed to be located
within the Ocean Beach Area where the event is a catered event.
Sand fencing that is installed solely for the collection
of sand for the replenishment of the dunes.
Every description of watercraft or artificial contrivance
used, or capable of being used, as a means of transportation on water.
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.
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.
Any person whose business involves the use of Trustees' ramps
(i.e., boatyard, dock builders, dredging). Nothing in this definition
shall be deemed to include commercial baymen.
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]
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]
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.
A boat, barge or other craft equipped for use primarily as
a dwelling, as opposed to primarily used for transportation over the
water.
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]
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]
Any person not identified as a resident, student resident,
freeholder or taxpayer.
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.
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.
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]
A natural person, whether male or female.
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.
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.
Any fixed structure constructed on land adjacent to the water
for the purposes of waterfowl hunting.
[Added 11-21-2016]
Any fixed structure used in fresh water ponds affixed to
the bottomland for the purposes of waterfowl hunting.
[Added 11-21-2016]
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.
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.
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.
A person who is temporarily visiting and occupying living
quarters within the Town of Southampton.
Secure by means of rope or line to a fixed or floating object.
All waters and lands below the mean high-water mark in any
harbor, bay, pond, lake, creek or river in the Town of Southampton.
The Trustees of the Freeholders and Commonalty of the Town
of Southampton.
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.
