[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article is adopted pursuant to the authority in § 10 of the Municipal Home Rule Law and in § 130, Subdivision 6, of the Town Law.
This article shall be known as the "Town of Webb Aquatic Invasive Species Prevention Law."
The purpose of this article is to prevent the introduction and spread of aquatic invasive species into and within the waters of the Town of Webb and to thereby protect aquatic native species populations, biodiversity and aquatic recreational activities for the public good.
The provisions of this article shall apply in addition to the provisions of any other local or state law or ordinance. Where there is a conflict between two or more laws, the more restrictive provisions of the conflicting laws shall apply.
For the purposes of this article, the following terms shall have the following meanings:
- AQUATIC ANIMALS
- An animal that spends part of its life in water, including but not limited to freshwater, estuarine and wetland species.
- AQUATIC PLANTS
- Plants living in the water or at the shoreline, and includes roots, rhizomes, stems, leaves or seeds, including freshwater, estuarine and wetland species.
- The operator, paddler or owner of any boat, watercraft (powered or nonpowered), trailer or towing vehicle.
- INVASIVE SPECIES
- Any species of flora or fauna listed by the New York State DEC as being invasive to the waters of New York State. Such species shall include, but are not limited to, eurasian watermilfoil (myriophyllum spicatum), variable-leaf milfoil (myriophyllum heterophyllum), water chestnut (trapa natans), curly-leafed pondweed (potamogeton crispus), Brazilian waterweed (egeria densa), zebra mussels (dreissena polymorpha) and round goby (neogobius melanostomus).
- STANDING WATER
- Bilge water and other water inside boat compartments that could reasonably be removed by pump or hand.
- WATER BODY
- Any freshwater or estuarine lake, river, pond, stream or wetland existing in the Town of Webb, whether publicly or privately owned, including the banks and shores thereof.
No boater will permit any boat, watercraft, trailer, or tow vehicle to enter or exit a water body located anywhere in the Town of Webb unless the boater removes all aquatic plants and/or animals from inside and outside his/her vehicle, watercraft, trailer, tow vehicle or any other equipment, recreational gear, fishing gear and related items that had previously come in contact with any other water body. The boater must also remove any standing water that is visible to the unaided eye from the boat and trailer before he/she enters a water body in the Town of Webb. Removed aquatic species and water must be discarded a sufficient distance away from the shoreline so as to prevent the possibility of the removed aquatic species and water from entering the water body.
This article shall not apply to the following situations, but in no instance shall these exceptions allow the introduction of any invasive species into the waters of the Town of Webb:
Those persons with permission to study or remove invasive species.
Those persons who have legally purchased bait permitted to be used in the water body, provided that the bait is not itself an invasive species.
Exiting the Town of Webb water with harvested fish from that same body of water.
Those persons who have legally taken waterfowl from that same body of water.
Owners and operators of privately owned or commercial watercraft launch facilities when launching watercraft not owned by them. When the owners and operators of private or commercial launch facilities are launching a watercraft for another person, they shall outwardly inspect in a reasonable fashion all boats, watercraft, trailers, or tow vehicles prior to performing the launch facilities and, if necessary, shall have the owner or operator of that watercraft comply with this article. The owner and operators of private or commercial launch facilities will be under no obligation to provide any cleaning services under this provision and shall have the right to refuse to have a watercraft launched as they deem appropriate.
No person, whether they are a boater or not a boater, will plant, transplant or introduce any invasive species in, on or around the waters or shorelines of any water body located in the Town of Webb.
For public and private launch facilities that are available for use while unattended, the owner of the launch facilities shall post a notice of the main elements of this article, or otherwise provide information sufficient to inform people launching watercraft of this article.
Any person who violates this article is guilty of a criminal violation and is punishable by a fine of not less than $50 nor more than $250 for the first offense and up to a fine of $500 for the second and any subsequent offense. The Town of Webb and the applicable enforcement agencies may enforce the provisions of this article in any court of competent jurisdiction.
Complaints. Any person may file a complaint with any state, county or local law enforcement officer having jurisdiction.
Enforcement. This article may be enforced by the Town of Webb and Town of Inlet Police Department, the Herkimer County Sheriff's Department, the New York State Department of Environmental Conservation, the New York State Police, or any other law enforcement officer having jurisdiction.