[HISTORY: Adopted by the Town Board of the Town of New Castle 12-18-1979 by L.L. No. 18-1979. Amendments noted where applicable.]
Trapping on wetlands — See Ch. 137.
The Town Board acknowledges that with increasing frequency the town has received reports of domestic animals being caught in traps which have been set in relatively close proximity to residences and other areas frequented by the public. It is the determination of the Town Board that the placing of traps in residential areas and heavily trafficked areas in town-owned parks creates a substantial risk of serious injury to residents and particularly to children of a young age. It is the intention of this chapter to reduce the risk of such injury and thereby promote the general health, safety and welfare of the community pursuant to Town Law, § 130, Subdivision 15.
No traps, deadfalls or other devices commonly used to capture or kill wildlife shall be placed or set within 750 feet of a residential structure or within 150 feet of the boundaries of any marked or designated trail, walkway, path or playground located in a town-owned park.
Notwithstanding the provision of § 42-2 hereof, an owner of property may place or set such traps or other devices on his own property and within the distance of 750 feet of a residential structure located on his property, provided that such traps and other devices are not within 750 feet of a residential structure located on property owned by anyone else and are not within 150 feet of the boundaries of any marked or designated trail, walkway, path or playground located in a town-owned park.
The Police Department and the Zoning Enforcement Officer of the Town of New Castle shall enforce the provisions of this chapter and shall be authorized to draw any information and obtain supporting affidavits pursuant to the Criminal Procedure Law.
A violation of the provisions of this chapter shall be deemed a violation under the Criminal Procedure Law, and a person convicted of such offense shall be liable to a fine of not more than $250 or imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.