[HISTORY: Adopted by the Town Board of the Town of Ellicott 1-8-2024. Amendments noted
where applicable.]
A.
The Town of Ellicott Council hereby finds and determines the Town
of Ellicott strives to protect both its wildlife and the interests
of its residents. The Town of Ellicott Council also finds and determines
that the feeding of wild animals is disruptive to the natural feeding
habits and digestive health of those animals. The Town of Ellicott
Council finds that the feeding of wild animals creates a dependency
on human interaction for sustenance, making them more likely to gather
in large numbers and exhibit aggressive behavior. The Town of Ellicott
Council determines 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 concern for the neighborhoods affected. The
Town of Ellicott Council further determines that the population of
wildlife increases in areas where they are intentionally fed, which
creates an unsafe environment for both the wild animals and residents.
The Town of Ellicott Council also finds that it is in the best interest
of both the wild animals and the residents of the Town of Ellicott
to prohibit the feeding of wildlife.
B.
Therefore, the purpose of this chapter is to prohibit the feeding
of wild animals in the Town of Ellicott.
As used in this chapter, the following terms shall have the
meanings indicated:
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any bird species that may have harmful environmental, economic,
or public health impact, such as gulls, pigeons, and/or Canada geese.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Includes any dog or cat that is not licensed to a Town of
Ellicott resident pursuant to the Town Code, and kept and maintained
on the resident's property.
Any animal, which is not normally domesticated in this state,
including but not limited to bears, coyotes, deer, feral cats, foxes,
groundhogs, opossums, raccoons, skunks, any domesticated unlicensed
animal, including but not limited to stray cats and dogs and nuisance
birds other than song birds or humming birds.
All animals that are neither human nor domesticated and shall
include but not be limited to nuisance birds, waterfowl, raccoons,
skunks or groundhogs.
A.
No person shall purposely or knowingly place food intended or suitable
for consumption by wildlife or stray animals on any property, public
or private, in the Town of Ellicott.
B.
No person shall purposely or knowingly leave or store any refuse,
garbage, food product, pet food, forage product or supplement, salt,
seed or birdseed, fruit, or grain in a manner that would attract wild
animals in the Town of Ellicott.
C.
After an initial contact or conflict with a wild animal, no person
shall continue to provide, or otherwise fail to secure or remove,
any likely food source or attractants to wild animals.
D.
This prohibition shall not be applied to enclosed, elevated bird
feeders.
The following individuals and organizations are permitted to
feed wild animals:
A.
Veterinarians or other trained professionals who are rehabilitating
an injured or otherwise incapacitated wild animal; and
B.
Certified wildlife foundations or other nonprofit organizations which
focus efforts on rehabilitating injured or otherwise incapacitated
wild animals.
C.
Any agent of Chautauqua County or New York State authorized to implement
an alternative control method set forth in any approved wild animal
management plan.
A.
Feeding of wild birds, except nuisance birds and waterfowl, shall
be permitted outdoors, at such times and upon such conditions that
the such feeding:
(1)
Does not create an unreasonable disturbance that affects the rights
of surrounding property owners and/or renders other persons insecure
in the use of their property. Excessive dropping accumulation or the
attraction of rodents may be considered an unreasonable disturbance
on surrounding property owners.
(2)
Does not create an accumulation of droppings on the property of surrounding
properties.
(3)
Does not become an attractant for rodents and/or other wild animals.
B.
Each property owner shall be permitted to have one bird feeder for
every 7,500 square feet of lot area, not closer than five feet from
any property line.
(1)
(2)
Suet. Suet, is a formulation of animal fat and other ingredients
in cake or brick form. Suet shall be placed in either mesh bag, or
wire cage and suspended or mounted no less than four feet and no more
than eight feet from the ground.
(3)
No bird seed or any form of bird food shall be thrown or scattered
on the ground of any property. No suet shall be smeared on any tree.
A.
Any person who violates any provision of this chapter shall be liable
for a fine of not less than $50 and not more than $500 for each offense,
together with the costs of prosecution.
B.
Each separate offense shall be deemed committed on each day or part
of the day during which a violation occurs or continues.
C.
No fine shall be implemented unless the alleged violator has received
notice and has been given the opportunity to be heard. Notice shall
be served upon the alleged violator, either personally or by certified
mail, and shall contain a concise statement of the facts constituting
the alleged violation or violations, as well as setting forth the
date, time and place the hearing will be held.
