It has been well established that the feeding of migratory,
nonmigratory and resident waterfowl is detrimental to the waterfowl
and may result in damage to flora, fauna and property, harm water
quality, increase potential to spread disease and cause a public health
nuisance and safety hazard that is detrimental to the health and general
welfare of the public. The purpose of this article is to prohibit
the feeding of waterfowl, on any public or lands owned by community
property associations in the Town, including Town and state waterways,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
A.Â
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number, and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
B.Â
FEED
PERSON
WATERFOWL
WATERWAYS
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless
their use in the text of this article clearly demonstrates a different
meaning:
To give, place, expose, deposit, distribute or scatter any
edible material in a location accessible to waterfowl any type of
food, including but not limited to corn, wheat or other grains, bread,
popcorn, salt, scraps or any similar nutritive or consumable substance
to be eaten by waterfowl.
Any individual 18 years of age or older, corporation, company,
partnership, firm, association, or entity subject to municipal jurisdiction.
Any bird that frequents the water, or lives about rivers,
lakes, etc., or on or near the sea; whether migratory or not, including
but not limited to ducks, geese, swans, heron, and egrets.
Lakes, ponds, streams, creeks, rivers and storm water basins.
A.Â
No person shall purposely or knowingly feed, bait, cause, permit
to be fed or in any manner provide access to food to any waterfowl
in the Town, on lands or waterways located in the Town of Warwick
either publicly or owned land, or lands owned by a community property
association. This section shall not apply to the feeding of waterfowl
raised and securely kept in an enclosed pen or other enclosure on
privately owned property.
B.Â
No person shall purposely or knowingly create any condition which
results in a congregation of waterfowl on property which:
All police officers of the Town, contracted navigation officers,
and the Health Officer or his/her duly authorized designee are hereby
given full power and authority and are charged with the duty to enforce
all provisions or this article.
A violation of this article is hereby declared to be an offense
punishable by a fine of not less than $250 nor more than $5,000 or
by imprisonment for a term not to exceed 15 days, or by both such
fine and imprisonment. The continuation of an offense against the
provisions of this article shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.