Whereas, the Town Board of the Town of Babylon
has determined that artificial feeding of waterfowl is actually harmful
to these animals and can cause poor nutrition, increased hybridization,
water pollution, beach closures, contamination of shellfish growing
areas, delayed natural migration, high concentrations of waterfowl
at unnatural sites, overcrowding, spread of disease, costly management
efforts, unnatural behavior and cumulative negative environmental
impacts on the South Shore Estuary Reserve.
NOTES:
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Source: New York State Department of Environmental
Conservation Stormwater website.
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Unless otherwise expressly stated in this article,
the following terms shall have the following meanings:
DOMESTIC WATERFOWL
Those species of birds commonly known as "white ducks," "barnyard
geese," "Muscovy ducks" and any other geese and ducks bred by man
but not any other waterfowl falling under the jurisdiction of the
United States Fish and Wildlife Service and/or the New York State
Department of Environmental Conservation.
FEED
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
migratory or domestic waterfowl.
MIGRATORY WATERFOWL
Those species of birds commonly known as "swans," "geese"
and "ducks" and any other waterfowl falling under the jurisdiction
of the United States Fish and Wildlife Service.
PERSON
Any individual, company, partnership, corporation, limited
partnership, joint venture or other legal entity.
TOWN PROPERTY
Any land which is owned, maintained, leased or managed by
the Town of Babylon for any purpose whatsoever, including, but not
limited to, parks, preserves, beaches and drains.
No person shall feed or provide food for any
domestic or migratory waterfowl on Town property at any time of the
year.
[Amended 4-27-2022 by L.L. No. 10-2022]
A violation of this article shall be an offense
punishable by a fine of not less than $100, nor more than $500. Any
subsequent offense occurring within five years of the first offense
shall be punishable by a fine of not less than $250, nor more than
$750. Any person found by the Bureau of Administrative Adjudication
to have violated this article shall likewise be subject to a monetary
penalty in an amount within the range of fines authorized herein for
a first offense and subsequent offenses.
The provisions of this article shall not apply
to property owned by or under the jurisdiction of other municipal
authorities, the State of New York and any agency thereof or the government
of the United States of America or privately owned property.