The Town Board hereby finds and declares that a unique problem exists
in the Town of Islip in relation to the control and regulation of trapping
therein. Composed as it is of many diverse communities varying in population
density, the Town must, therefore, attempt to provide appropriately for both
rural and suburban concerns within its borders. While the trapping of wildlife
is provided for by state law and is justified and appropriate in many situations,
there is no doubt that in highly populated areas this activity can and often
does constitute a danger to domestic animals and individuals. For this reason,
it is hereby determined that the Town of Islip, as the unit of government
best able to flexibly regulate and monitor this situation, should be empowered
to regulate the trapping of wildlife in said Town.
As used in this ordinance, the following terms shall have the meanings
indicated:
OFFENSE
The setting of one (1) trap.
PROPERTY
All public and private real property in the Town of Islip.
SET
The setting up, placing, depositing or leaving of any trap on any
property.
TRAP
Any device which is commonly used to snare or kill beaver, otter,
fisher, mink, muskrat, skunk or raccoon, including but not limited to conibear
and leghold traps.
No person shall set a trap on any property within the Town of Islip.
Any person who shall violate any of the provisions of this ordinance
shall, for each and every offense, be deemed guilty of a violation and shall,
upon conviction, be punishable by a fine of up to five hundred dollars ($500.)
or be imprisoned for thirty (30) days, or both.
If any section, provision or part of this ordinance shall be adjudged
invalid or unconstitutional by a court of competent jurisdiction, then such
adjudication shall not affect the validity of the ordinance as a whole or
any section, provision or part thereof not so adjudged invalid or unconstitutional.