[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes 2-10-2003 by L.L. No. 2-2003. Amendments noted where
applicable.]
GENERAL REFERENCES
Hunting and trapping — See Ch. 340.
This chapter shall be entitled "Local Law 2 of 2003 of the Incorporated
Village of West Hampton Dunes, A Local Law Establishing Regulations
Regarding Predator Exclosures, Symbolic Fencing and String Fencing
in the Incorporated Village of West Hampton Dunes."
Pursuant to § 10 of the Municipal Home Rule Law and
the Village Law of the State of New York the Incorporated Village
of West Hampton Dunes, County of Suffolk, and State of New York, hereby
enacts by this chapter a local law of the Village of West Hampton
Dunes.
The Board of Trustees of the Village of West Hampton Dunes hereby
determines and finds as follows:
A.
There has been a substantial restoration of homes and properties
in the Village with the coincident use of resources in the Village,
including mandated public access to the beaches.
B.
That the environment of the Village has unique qualities and significance
attributes, including the occasional presence of one or more endangered
or threatened species.
C.
That it is a primary goal of the Village, its Board of Trustees and
officers and its residents to protect and preserve and protect public
safety, public access, endangered species when they are actually present,
and provide balanced coastal management for all species.
D.
That the ability of the Village, its Board of Trustees and officials, and the residents of the Village to achieve the primary goal given in Subsection C above will be best served by the adoption of regulations regarding the use of predator exclosures, symbolic fencing and string fencing in the Village of West Hampton Dunes.
The purpose and intent of this chapter is to adopt regulations
for the use of predator exclosures, symbolic fencing, and string fencing
which will protect and preserve the public safety, public access,
and endangered species (when they are actually present).
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Trustees of the Incorporated Village of West
Hampton Dunes.
Appointed administrator of wildlife of the Village of West
Hampton Dunes.
A species which is actually present within the boundaries
or jurisdiction of the Village of West Hampton Dunes which has been
listed on the federal or state endangered species list.
A fencing or other apparatus installed for the purpose of
excluding predators from a nest.
A shelter made by a bird for holding the eggs of its young
and in which there exists at least one egg.
A symbolic fencing made of string.
A fencing, marcation or similar apparatus made of string,
ribbon, wire or similar materials which is installed for the purpose
of excluding traffic or pedestrians a determined distance from a nest.
The Incorporated Village of West Hampton Dunes.
A.
Any person, entity, agency or party intending to construct or install
a predator exclosure or symbolic fencing must first obtain a letter
of authorization from the Village of West Hampton Dunes.
B.
Authorization letters should list any approved deviations from recommendations
on exclosure design, construction, or monitoring provided in these
regulations.
C.
Authorization letters will not be issued for exclosures, symbolic
fencing or string fencing on private property without the written
authorization of the owners of that private property.
D.
Symbolic fencing and string fencing will only be allowed for an endangered
species' nest with an endangered species' egg in the nest or for endangered
plants that are actually present. Symbolic fencing and string fencing
is limited to a radius of 50 meters around a nest only.
E.
Exclosures will only be authorized and may only be constructed after
a full clutch of eggs has been confirmed by the Village, and exclosures
will only be permitted by the Village when the authorized entity has
accepted, in writing, all consequences for the erection and removal
of the exclosure, including the potential for a take under Endangered
Species Act (ESA) or the NYSDEC Environmental Conservation Law (ECL).
Exclosures must be removed from the beach within a few days of hatching
in order to reduce the probability that predators will habituate the
exclosure.
F.
The authorizations to be issued by the Village shall be issued by
the Board of Trustees on the recommendation of the Commissioner of
Wildlife Protection.
A.
Any exclosure, symbolic fencing and string fencing which is installed
by any party, entity, or individual which does not have the authorization
of the Village of West Hampton Dunes as required by this chapter or
which is otherwise in violation of this chapter is a violation of
this chapter.
B.
Each and every day for which an exclosure, symbolic fencing or string
fencing which is in violation of this chapter shall be a separate
violation and offense of this chapter subject to a separate fine or
penalty.
An individual, entity, party or agency that is in violation
or which shall commit a violation of this chapter shall be subject
to a fine of not less than $250 for each violation or offense.
The election by the Village of West Hampton Dunes to pursue
either the prosecution of a violation or of a civil remedy shall not
in any manner be deemed to be the election of an exclusive remedy
and shall not preclude the Village from any other remedy that may
be available to the Village.
