[Adopted 6-26-2007 by L.L. No. 22-2007 (Ch. 278A, Art. II,
of the 1985 Code)]
A.
This Legislature hereby finds that Resolution No. 985-2005 established
the Suffolk County Water and Land Invasives Control Task Force in
order to develop a long-term plan for controlling invasive species
in Suffolk County.
B.
This Legislature determines that the Suffolk County Water and Land
Invasives Control Task Force recommended that certain invasive species
be prohibited from being sold in Suffolk County as a first step in
preventing these species from being introduced in Suffolk County through
a "Do Not Sell" list.
C.
This Legislature further determines that the Suffolk County Water
and Land Invasives Control Task Force recommended the establishment
of a Suffolk County Water and Land Invasives Advisory Board.
D.
This Legislature hereby finds and determines that invasive nonnative
aquatic plants can displace native species and alter natural ecosystems
and are considered to be the second leading cause of species extinction
and endangerment worldwide.
E.
This Legislature also finds and determines that these invasive plants
can negatively impact agriculture, industry and human health.
F.
This Legislature further finds and determines that, during the 20th
Century, invasive species were responsible for documented losses of
$97,000,000,000 to the United States economy.
G.
Therefore, the purpose of this article is to protect the ecology
of Suffolk County by prohibiting the sale of invasive plants in Suffolk
County.
As used in this article, the following terms shall have the
meanings indicated:
A plant species:
With respect to a particular ecosystem, a species that has
not historically occurred in that ecosystem, and which is not listed
in the New York Flora Atlas as being native to New York.
Any individual, firm, partnership, corporation, company,
society, association, or any organized group of persons, whether incorporated
or not.
Purposefully increasing the population of a species by means
of manipulating its sexual and/or asexual reproduction process.
[Amended 8-4-2009 by L.L. No. 27-2009; 8-2-2011 by L.L. No.
35-2011; 10-6-2015 by L.L. No. 30-2015]
A.
No person
shall knowingly sell, transport, distribute, propagate or knowingly
cause to be sold, transported, distributed or propagated to any person
located within the County of Suffolk, or to any person making the
purchase from within the County of Suffolk, any invasive species as
listed on Exhibit I, Do No Sell List, as said exhibit may be amended
by law from time to time, with the advice of the Water and Land Invasives
Advisory Board.[1]
[1]
Editor's Note: Exhibit I is included as an attachment to this chapter.
B.
This prohibition shall not apply to any invasive species that is
exempted by New York State as a cultivar that is sterile or lacks
reproductive parts, pursuant to 6 NYCRR 575.8.
[Amended 5-13-2008 by L.L. No. 18-2008]
A.
There is hereby created a Suffolk County Water and Land Invasives
Advisory Board, which shall consist of the following 10 members:
(1)
The Chairperson of the Suffolk County Legislature's Environment,
Planning and Agriculture Committee, or his/her designee, who shall
serve as Chair;
(2)
The Commissioner of the Suffolk County Department of Environment
and Energy, or his/her designee;
(3)
The Suffolk County Executive, or his/her designee;
(4)
The Presiding Officer of the Suffolk County Legislature, or his/her
designee;
(5)
The Commissioner of the Suffolk County Department of Parks, Recreation
and Conservation, or his/her designee;
(6)
A member of an environmental group chosen by the Chairperson of the
Suffolk County Legislature's Environment, Planning and Agriculture
Committee;
(7)
A representative chosen by the Long Island Farm Bureau;
(8)
A representative chosen by the Long Island Nursery and Landscape
Association;
(9)
A member of the Long Island Invasive Species Management Area (LIISMA);
and
(10)
A representative of the Suffolk County Soil and Water Conservation
District.
B.
The Suffolk County Water and Land Invasives Advisory Board shall advise the Commissioner of the Suffolk County Department of Environment and Energy and the Suffolk County Legislature on matters relating to invasive species in the County, and shall recommend to the Suffolk County Legislature appropriate revisions to the "Do Not Sell" list established pursuant to § 446-11 of this article, on no less than an annual basis.
C.
The Suffolk County Water and Land Invasives Advisory Board shall
hold its first meeting no later than 30 days after the oaths of office
of all members have been filed.
D.
The members of the Suffolk County Water and Land Invasives Advisory Board shall serve without compensation, and members number 6 through 10 listed in Subsection A above shall be appointed to serve initial terms ending on December 31, 2008, and shall be appointed to serve a term of two years thereafter.
E.
Six members of the Suffolk County Water and Land Invasives Advisory
Board shall constitute a quorum for the purposes of conducting the
business of the Board.
F.
The Suffolk County Water and Land Invasives Advisory Board shall
hold regular meetings, keep a record of all of its proceedings and
determine the rules of its own proceedings, with special meetings
to be called by the Chairperson upon his or her own initiative or
upon receipt of a written request thereof signed by at least five
members of the Suffolk County Water and Land Invasives Advisory Board.
Written notice of the time and place of such special meetings shall
be given to each member at least four days before the date fixed by
the notice for such special meeting.
G.
All clerical services involving the month-to-month operation of the
Suffolk County Water and Land Invasives Advisory Board, as well as
supplies and postage as necessary, shall be provided by the staff
of the Clerk of the County Legislature. The Suffolk County Water and
Land Invasives Advisory Board may request, receive, and utilize such
facilities, resources, and data of any department, office, or agency
of Suffolk County as it may reasonably request to properly carry out
its powers and duties.
H.
The Suffolk County Water and Land Invasives Advisory Board shall
hold no fewer than four meetings annually, and shall conduct at least
two public hearings within the County of Suffolk for the purpose of
obtaining necessary information or other data from the public. The
time and place of each public hearing shall be published in the official
County newspapers.
I.
All vacancies in the membership of the Suffolk County Water and Land
Invasives Advisory Board shall be filled in the manner provided for
their original appointment.
[Added 12-21-2021 by L.L. No. 1-2022[1]]
Any contract concerning a project on Suffolk County property
and/or funded by Suffolk County shall include a requirement that the
contractor and/or contracted agency must clean all equipment, vehicles
and/or watercraft to be used in connection with the performance of
such project prior to the initial use of said equipment for the purpose
of removing invasive species or materials that may contain invasive
species. In the event the subject equipment is used on another project,
same must be cleaned before being reintroduced to the original project
in order to prevent the spread of nonnative species.
A.
The prohibitions contained in this article shall not apply to bona
fide scientific experiments or for educational purposes, provided
that no invasive species used in such bona fide scientific experiments
or for educational purposes shall be permitted to be sold or distributed.
B.
Any person desiring to use any invasive species for bona fide scientific
experiments or for educational purposes shall be required to apply
for a written waiver of the provisions of this article from the Suffolk
County Department of Environmental and Energy, on a form to be prescribed
in Exhibit II, Variance Request.[1]
[Amended 8-4-2009 by L.L. No. 27-2009; 8-2-2011 by L.L. No.
35-2011]
[1]
Editor's Note: Exhibit II is included at the end of this chapter.
C.
A cultivar of a do-not-sell listed invasive species may be exempted
from do-not-sell status if:
[Added 8-4-2009 by L.L. No. 27-2009]
(1)
Its primary means of reproduction is sexual; and
(2)
Scientific, peer-reviewed criteria verify that a cultivar is effectively
100% male and female sterile; and
(3)
The cultivar is guaranteed by the producer to be sterile; and
(4)
There is enabling enforcement through appropriate safeguards to document
the identity of the cultivar and source of the cultivar, including
tagging individual plants and shipping and nursery invoices; and
(5)
It is deemed appropriate for exemption by the Advisory Board and
LIISMA SRC.
D.
The prohibitions
contained in this article shall not apply to invasive species control,
management or disposal activities, provided the activities follow
best management practices for the species' control, management or
disposal and do not result in the invasive species being further distributed.
[Added 8-2-2011 by L.L. No. 35-2011]
Any person who violates § 446-11 of this article shall be guilty of a violation, punishable by a fine of $1,000 for a first and second offense; and shall be guilty of an unclassified misdemeanor for a third and each subsequent offense, punishable by a fine of $2,000 and/or no more than 30 days in jail.
[Amended 8-4-2009 by L.L. No. 27-2009]
The Suffolk County Department of Consumer Affairs shall issue
and promulgate such rules and regulations as it deems necessary and
appropriate to carry out the provisions of this article.
[Amended 8-4-2009 by L.L. No. 27-2009; 8-2-2011 by L.L. No.
35-2011]
The prohibition described in § 446-11 of this article shall apply as of the dates enumerated for each individual species or cultivar as established in Exhibit I, Do Not Sell List.
