[HISTORY: Adopted by the Town Board of the Town of East Hampton 7-18-1980. Amendments noted where applicable.]
This ordinance shall be known and may be cited as the "Vegetation Protection Ordinance of the Town of East Hampton."
The Town Board of the Town of East Hampton finds that trees and other vegetation perform numerous important and essential functions, including but not limited to the stabilization and preservation of soil; maintenance of watershed areas which are essential to the town's freshwater supply; absorption of air pollution and production of oxygen; establishment of natural barrier to noise and habitats for wildlife; and creation of a desirable aesthetic quality which is a key factor in the town's existence as a rural resort community. The Town Board further finds that the destruction or removal of trees and other vegetation deprives all sectors of society of these benefits, while disrupting ecological systems of which they are an integral part, and that regulation of such destruction or removal will protect and preserve property within the town and promote the general welfare and health of its inhabitants.
As used in this ordinance, unless the context requires otherwise, the following terms shall have the meanings indicated:
- Shall not include any governmental body or subdivision or agent thereof.
- Includes trees, shrubs, bushes, grasses, flowers and similar plant life.
It shall be unlawful for any person to mar, remove, damage, deface or destroy any vegetation as defined in this ordinance, whether or not such vegetation is living, under any of the following circumstances:
On the private property of another without the express prior written consent of the owner and the occupant of such property. Such consent may be revoked at any time by the grantor thereof. Where such express prior written consent has been obtained, the person to whom the same was given shall keep such consent on his person and available for immediate display at all times during such activity pertaining to vegetation as set forth herein. Such express prior written consent shall not be deemed a consent hereunder as to any person whose name is not set forth therein. Failure to produce such express prior written consent upon demand therefor by any peace or police officer shall be presumptive evidence that such consent has not been given or received.
On any public grounds or property, reserved areas and common recreation areas within the town, outside incorporated villages, without the express written authorization of the Town Board or its duly designated agent. The provisions of Subsection A of this section applicable to express prior written consents shall be applicable to Town Board authorization under this subsection.
The provisions of this ordinance shall apply to all lands within the Town of East Hampton which lie outside incorporated areas.
Any person who shall violate any of the provisions of this ordinance shall be guilty of a violation punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
If any section, subsection, paragraph, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of the ordinance as a whole or any part or provision hereof other than the part so adjudged to be invalid or unconstitutional.
This ordinance shall become effective immediately upon the enactment hereof in accordance with law.