[Adopted 3-22-2011 by L.L. No. 19-2011]
A.
This Legislature
hereby finds and determines that the presence of pet and waterfowl
fecal matter on County property produces harmful bacteria which present
a threat to public health and water quality of County harbors, bays,
lakes, and ponds.
B.
This Legislature
further finds that the feeding of migratory waterfowl, such as Canada
geese, encourages them to halt their normal migrations and establish
residency in Suffolk County, makes them susceptible to avian diseases,
and causes nutritional problems.
C.
This Legislature
further finds that the County is required to implement a local law
prohibiting pet waste and the feeding of geese on municipal properties
pursuant to 33 U.S.C. § 1342, the rules and regulations
promulgated thereunder and New York Environmental Conservation Law
Article 17, Title 8.
D.
This Legislature
further finds it necessary to provide for the health, safety, and
general welfare of the citizens of Suffolk County by prohibiting the
feeding of waterfowl that results in:
(1)
An
increase of pathogen loads to water bodies; or
(2)
A
violation of the State Pollutant Discharge Elimination System General
Permit No. GP-0-10-002, as amended, for Stormwater Discharges from
Municipal Separate Storm Sewer Systems, issued by the New York State
Department of Environmental Conservation to Suffolk County pursuant
to New York State Environmental Conservation Law Article 17, Title
8.
E.
This Legislature
further finds it necessary to provide for the health, safety, and
general welfare of the citizens of Suffolk County by prohibiting the
feeding of waterfowl that may result in:
F.
This Legislature
further finds that the above General Permit No. GP-0-10-002, as amended,
also requires the County to implement a local law to prohibit feeding
of waterfowl on municipal properties and to implement appropriate
enforcement procedures and actions.
G.
Therefore
the purpose of this article is to create a local law to prohibit pet
waste and goose feeding on all County property to protect the health
and safety of the citizens of Suffolk County, to protect the County's
water quality by reducing the amount of fecal matter deposited in
the water and adjacent shoreline, and to establish an enforcement
program to accomplish these goals.
As used in this article, the following terms shall have the
meanings indicated:
Any land which is owned, maintained, leased or managed by
Suffolk County for any purpose whatsoever, including but not limited
to roads, parks, preserves, and beaches.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
migratory waterfowl.
Any domesticated animal kept for pleasure, not utility, and
normally maintained in or near the household of the owner thereof.
Individuals; natural persons; partnerships; joint ventures;
societies; associations; clubs; corporations; unincorporated groups
of any members; or officers, directors or stockholders or any kind
of personal representative thereof, in any capacity, acting for himself
or for any other person, under either personal appointment or pursuant
to law.
Birds that frequent water, whether migratory or domestic,
including but not limited to Canada geese, mute swans and mallard
ducks.
A.
No person
owning, harboring, keeping, possessing or in charge of any pet shall
cause, suffer or allow such pet to soil, defile or defecate on County
property unless all feces is immediately collected by said person
in a sanitary manner, sealed and deposited in a garbage receptacle.
In areas where a garbage receptacle is not on site, the sealed bag
of feces shall be removed from the County property and deposited in
the person's garbage receptacle.
B.
No person
shall feed or provide food for any waterfowl on County property at
any time of the year.
The prohibition set forth in § 299-36A shall not apply to a person who is handicapped or who is visually impaired and accompanied by a guide dog or service dog.
Any person violating this article shall be guilty of a petty
offense, and such petty offense shall, upon conviction thereof, be
punishable by a fine in an amount not less than $50 nor more than
$400.
A.
An appearance
ticket for a violation of this article may be issued by any police
officer, peace officer or park ranger employed by Suffolk County.
B.
An appearance
ticket for a violation of this article may be issued by any employee
designated for such purpose by the commissioner of any Suffolk County
department having jurisdiction over the County property where the
offense occurs.
This article shall apply to all instances of uncollected pet
feces, improperly disposed of pet feces, and waterfowl feeding on
County property occurring on or after the effective date of this article.
This article shall become effective 90 days subsequent to filing
with the New York State Secretary of State.
