[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:
INVASIVE SPECIES
A plant species:
A. 
That is nonnative to the ecosystem under consideration; and
B. 
The introduction of which causes or is likely to cause economic or environmental harm or harm to human health, including their cultivars and varieties, which harm must significantly outweigh any benefits.
NONNATIVE
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.
PERSON
Any individual, firm, partnership, corporation, company, society, association, or any organized group of persons, whether incorporated or not.
PROPAGATE
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]
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.
[1]
Editor's Note: This local law also renumbered former §§ 446-13 through 446-40 as §§ 446-14 though 446-41, respectively.
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.