[Adopted 9-22-2014 by L.L. No. 7-2014]
It is the intent of this article to protect the health, safety,
and welfare of the community and its wildlife by prohibiting the feeding
of migratory, nonmigratory, or resident waterfowl within publicly
owned land or waterways of the Village of Patchogue. The feeding of
waterfowl increases the potential for damage to lands; can cause water
quality problems, beach closures, and contamination of shellfish growing
areas; and increases the potential for the spread of disease to residents.
In addition, it is the intent of this article to protect the welfare
of the waterfowl themselves, since wildlife studies have shown that
the feeding of waterfowl can interrupt their normal migration patterns,
cause nutritional problems, and promote the spread of serious waterfowl
diseases such as avian influenza, avian cholera, plague, and botulism.
The terms used in this article or in documents prepared or reviewed
under this article shall have the meaning set forth in this section:
To place, deposit, scatter, or distribute in a location accessible
to waterfowl 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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any land which is owned, maintained, leased or managed by
the Village of Patchogue for any purpose whatsoever, including but
not limited to, parks, preserves, beaches, and marinas.
Those species of birds commonly known as swans, geese, and
ducks and any other waterfowl falling under the jurisdiction of the
United States Fish and Wildlife Service, and are either migratory,
nonmigratory, or resident fowl.
A general term referring to lakes, ponds, streams, creeks,
rivers, stormwater basins, and harbors.
It shall be unlawful for any person to:
The provisions of this article shall be administered and enforced
by the members of the Department of Code Enforcement who have the
power to issue appearance tickets; provided, however, that for the
first year after the effective date of this article, such personnel
shall only issue warnings for violations of this article.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Village Board of Trustees of the
Incorporated Village of Patchogue has the authority to enact local
laws and amend local laws and for the purpose of promoting the health,
safety or general welfare of the Incorporated Village of Patchogue
and for the protection and enhancement of its physical environment.
The Village Board of Trustees of the Incorporated Village of Patchogue
may include in any such local law provisions for the appointment of
any municipal officer, employees, or independent contractor to effectuate,
administer and enforce such local law.
If any clause, sentence, paragraph, or section of this article
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.
This article shall be effective upon filing with the office
of the Secretary of State; provided, however, that no appearance ticket
shall be issued pursuant to this article until one year from such
effective date.
