[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.]
GENERAL REFERENCES
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.
