[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:
An animal that spends part of its life in water, including
but not limited to freshwater, estuarine and wetland species.
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.
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).
Bilge water and other water inside boat compartments that
could reasonably be removed by pump or hand.
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:
A.
Those persons with permission to study or remove invasive species.
B.
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.
C.
Exiting the Town of Webb water with harvested fish from that same
body of water.
D.
Those persons who have legally taken waterfowl from that same body
of water.
E.
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.
A.
Complaints. Any person may file a complaint with any state, county
or local law enforcement officer having jurisdiction.
B.
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.
