As used in this article, the following terms shall have the
meanings indicated:
NUISANCE BIRDS
Any bird species that may have harmful environmental, economic,
or public health impact, such as gulls, mute swans, and/or Canada
geese.
WILD ANIMAL
Any animal which is not normally domesticated in New York
State, including but not limited to coyotes, deer, foxes, groundhogs,
opossums, raccoons, skunks, and nuisance birds other than songbirds
or hummingbirds.
The following individuals and organizations are permitted to
feed wild animals:
A. Veterinarians or other trained professionals who are rehabilitating
an injured or otherwise incapacitated wild animal; and
B. Certified wildlife foundations or other nonprofit organizations which
focus efforts on rehabilitating injured or otherwise incapacitated
wild animals.
C. Any agent of Suffolk County or New York State authorized to implement
an alternative control method set forth in any approved wild animal
management plan.
Feeding of wild birds, except nuisance birds and waterfowl,
shall be permitted outdoors, provided that such feeding does not create
an unreasonable disturbance that affects the rights of surrounding
property owners and renders other persons insecure in the use of their
property. Excessive dropping accumulation or the attraction of rodents
may be considered an unreasonable disturbance on surrounding property
owners.
The Commissioner of the Suffolk County Department of Health Services shall issue and promulgate such rules and regulations as he or she shall deem necessary to implement the provisions of this article. The rules and regulations issued by the Commissioner shall specifically address what constitutes both an unreasonable disturbance and an excessive accumulation of droppings as referenced in §
299-80 of this article.
This article shall apply to all actions occurring on or after
the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.