[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 3-3-1998 by L.L. No. 1-1998; amended in its entirety 2-6-2001 by L.L. No. 1-2001. Subsequent amendments noted where applicable.]
The existence of large numbers of wild and domestic waterfowl
in Saratoga Springs presents a hazard to public health, safety and
welfare. Literature from the United States Department of the Interior
clearly establishes that a large waterfowl population in a small area
greatly increases the dangers of disease. In such a situation, a single
diseased bird could quickly spread the disease throughout the flock
and thereby create serious and lasting ecological problems. The purpose
of this chapter is to provide a method, in addition to and not in
limitation of other lawful methods and procedures, for effective management
and control of waterfowl in Saratoga Springs.
As used in this chapter, the following terms shall have the
meanings indicated:
Any birds of the family Anatidae, including brant, swans,
ducks and geese.
It shall be unlawful for any person to feed, or cause to be
fed, any waterfowl within the areas designated as the "Inside Tax
District" in Title 11 of the Charter of the City of Saratoga Springs,
except during such seasonal periods as may be established from time
to time by the Saratoga Springs City Council.
It shall be unlawful for any person to release any waterfowl
within the area commonly known as Congress Park in the City of Saratoga
Springs, or to release any waterfowl in such a manner as to cause
said waterfowl to enter said area commonly known as Congress Park.
A.Â
Pursuant to § 10, Subdivision 4(a) of the Municipal Home
Rule Law, the following personnel are hereby authorized to issue appearance
tickets in accordance with Article 150 of the Criminal Procedure Law
of the State of New York for violations of this chapter:
B.Â
Persons authorized under this section shall issue a verbal warning
in response to the first offense, a written warning in response to
the second offense, and an appearance ticket in response to the third
or subsequent offense under this chapter.
C.Â
Nothing in this section shall be construed to limit or supersede
in any manner the authority of police officers to issue appearance
tickets under Article 150 of the Criminal Procedure Law.
Any person who violates any provision of this chapter shall
be subject to a fine of $50 for each offense.