Town of Warwick, NY Article II Waterfowl

§ 92-2 Purpose.

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.

§ 92-3 Definitions and word usage.

A. 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. 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:

FEED

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.

PERSON

Any individual 18 years of age or older, corporation, company, partnership, firm, association, or entity subject to municipal jurisdiction.

WATERFOWL

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.

WATERWAYS

Lakes, ponds, streams, creeks, rivers and storm water basins.

§ 92-4 Feeding of waterfowl prohibited.

A. 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. No person shall purposely or knowingly create any condition which results in a congregation of waterfowl on property which:

(1) Results in an accumulation of waterfowl feces or droppings;

(2) Results in damage to flora, fauna or real property;

(3) Results in a threat or nuisance to the public health, safety or welfare; or

(4) Results in a threat to the health, safety or welfare of waterfowl.

§ 92-5 Enforcement.

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.

§ 92-6 Violations and penalties.

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.