[HISTORY: Adopted by the Town Board of the Town of West Seneca
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-26-2022 by L.L. No. 12-2022]
The Town of West Seneca finds that the Town strives to protect
both its wildlife and the interests of the residents. In that respect,
it is the finding of the Town that the feeding of wild animals is
disruptive to the natural feeding habits and digestive health of those
animals. The feeding of wild animals creates a dependency on human
interaction for sustenance, making them more likely to gather in large
numbers on private property, including neighboring properties where
no such feeding takes place. This congregation can lead to destructive
and aggressive behavior on the part of the animals. The Town has determined
that over a period of time, wild animals which are fed by people tend
to become both a public and private nuisance and present a public
health and safety concern for the residents. Populations of wild animals
where they are fed increase over time and creates an unsafe environment
for both the wild animals, especially where any natural predators
have been absent, and residents. It is, therefore, the determination
of the Town Board of the Town of West Seneca that it is in the best
interest of both the wild animals and the residents of the Town to
prohibit the feeding of wildlife.
As used in this section, the following terms shall have the
meanings indicated:
Any bird species that may have harmful environmental, economic,
or public health impact such as gulls, mute swans, and/or Canadian
geese.
Any individual or collection of individuals, acting independently
or in concert with one another.
Any animal which is not normally domesticated in New York
State, including, but not limited to, coyotes, foxes, deer, squirrels,
chipmunks, beavers, bears, groundhogs, opossums, raccoons, skunks,
rats, and nuisance birds other than songbirds, hummingbirds, sparrows,
robins, cardinals, blue jays, and similar birds, ducks and swans.
A.
No person shall knowingly, intentionally, or purposefully feed, bait,
or in any manner provide access to food to any wild animals in the
Town of West Seneca.
B.
No person shall knowingly, intentionally, or purposefully leave and/or
store any refuse, garbage, food product, pet food, forage product
and/or supplement, hay, salt, seed or birdseed, fruit, vegetables,
or grain, regardless of composition, in a manner that would attract
wild animals in the Town.
A.
Veterinarians or other licensed and trained professionals who are
rehabilitating an injured or otherwise incapacitated wild animal;
B.
Certified wildlife foundations, SPCA, or other nonprofit organizations
which focus efforts on rehabilitation injured or otherwise incapacitated
wild animals; or
C.
Any local, state, or federal agency or agent authorized to implement
an alternative control method set forth in any approved wild animal
management plan.
Feeding of wild birds, other than nuisance birds, shall be permitted
outdoors, provided that such feeding does not create an unreasonable
disturbance that affects the rights, enjoyment, and quiet habitability
of surrounding property owners and renders other persons insecure
or unsafe in the normal and customary reasonable use of their property.
Excessive accumulation of droppings, excrement, or other waste or
the attraction of rodents may be considered an unreasonable disturbance
on surrounding property owners.
This article shall be enforced by the Code Enforcement Officer,
the Town of West Seneca Police Department, and/or any animal control
officer by direct observation and/or knowledge or pursuant to any
written complaint.
A.
Any person who violates any provision of this article shall be liable
for a fine not to exceed $50 for the first offense, together with
the costs of prosecution.
B.
A second violation shall be punishable by a fine not to exceed $250,
together with the costs of prosecution.
C.
Any additional violation shall be punishable by a fine of not less
than $500, plus the costs of prosecution.
This article shall become effective immediately upon filing.
