[HISTORY: Adopted by the Board of Trustees of the Village of Port Jefferson 4-19-2010 by L.L. No. 4-2010. Amendments noted where applicable.]
Editor's Note: This local law was originally adopted as Ch. 213A, but was renumbered in order to maintain the organizational style of the Code.
It is the intent of this chapter to protect the health, safety, and welfare of the community and its wildlife by prohibiting the feeding of migratory, nonmigratory, or resident waterfowl within publicly owned lands or waterways of the Village of Port Jefferson. The feeding of waterfowl increases the potential for damage to lands, can cause water quality problems, beach closures and contamination of shellfish growing areas, and increases the potential for the spread of disease to residents. In addition, it is the intent of this chapter to protect the welfare of the waterfowl themselves, since wildlife studies have shown that the feeding of waterfowl can interrupt their normal migration patterns, cause nutritional problems, and promote the spread of serious waterfowl diseases such as avian influenza, avian cholera, plague, and botulism.
The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meanings set forth in this section:
- FEED or FEEDING
- To place, deposit, scatter, or distribute in a location accessible to waterfowl any type of food, including but not limited to corn, wheat or other grains, bread, popcorn, scraps, or any substance liable to be eaten by the waterfowl.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- PUBLICLY OWNED PROPERTY
- Any land which is owned, maintained, leased or managed by the Village of Port Jefferson for any purpose whatsoever, including but not limited to parks, preserves, beaches and marinas.
- Those species of birds commonly known as "swans," "geese" and "ducks," and any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife Service, and are either migratory, nonmigratory, or resident fowl.
- A general term referring to lakes, ponds, streams, creeks, stormwater basins, and harbors.
It shall be unlawful for any person to:
Feed or provide food for any waterfowl on publicly owned lands or waterways within the Incorporated Village of Port Jefferson at any time of year.
Create any condition which results in a congregation of waterfowl on Village property which results in:
The provisions of this chapter shall be administered and enforced by the members of the Village Code Enforcement Bureau who have the power to issue appearance tickets; provided, however, that for the first year after the effective date of this law, such personnel shall only issue warnings for violations of this law.
[Amended 1-5-2015 by L.L. No. 1-2015]
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.
In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Village Board of Trustees of the Incorporated Village of Port Jefferson has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Incorporated Village of Port Jefferson and for the protection and enhancement of its physical environment. The Village Board of Trustees of the Incorporated Village of Port Jefferson may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.
If any clause, sentence, paragraph or section of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.
This chapter shall be effective upon filing with the office of the Secretary of State; provided, however, that no appearance ticket shall be issued pursuant to this chapter until one year from such effective date.