[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 11-15-2005 by L.L. No. 27-2005, effective 5-18-2006. Amendments
noted where applicable.]
It is the purpose of this chapter to protect
the health, safety and welfare of the community by prohibiting the
feeding of waterfowl and pigeons within Town of Brookhaven parks.
Feeding waterfowl and pigeons increases the potential for damage to
public parks, may cause water quality problems and may increase the
potential for the spread of disease to residents caused by increased
rodent populations.
As used in this chapter, the following terms
shall have the meanings indicated:
To place, deposit, scatter or distribute in a location accessible
to waterfowl or migratory birds any type of food, including but not
limited to corn, wheat or other grains, bread, popcorn, scraps or
any substance liable to be eaten by the waterfowl or migratory birds.
Includes all parks, playgrounds, athletic fields, swimming
pools, beaches, boardwalks, marinas and any and all recreation areas
under the ownership and jurisdiction of the Town of Brookhaven, its
Town Board or the Trustees of the Freeholders and Commonalty of the
Town of Brookhaven supervised by the Commissioner of the Department
of Parks, Recreation and Sports and Cultural Resources and any other
duly designated Town officials and such other rights and appurtenances
whether the same be now or hereafter owned or acquired by the Town
of Brookhaven in fee or otherwise, including all land under and space
above the surface of the ground.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Those domestic varieties belonging to the order Columbiformes.
Those species belonging to the order Anseriformes, including
but not limited to mute swans, Canada geese, and mallards.
It shall be unlawful for any person to feed
any waterfowl or pigeon within any Town of Brookhaven park.
The above prohibition shall not apply to the
feeding of confined waterfowl or pigeons confined in zoos or rehabilitation
centers, specifically at Holtsville Ecology Park.
Any violation of this chapter shall be deemed
to be an offense punishable by a fine not to exceed $250 or imprisonment
for a period not to exceed 10 days for each such offense, or by both
such fine and imprisonment.
If any clause, sentence, paragraph or section
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not impair or invalidate the remainder
hereof, but such adjudication shall be confined in its operation to
the clause, sentence, paragraph or section directly involved in the
controversy in which judgment shall have been rendered.
