[Adopted 9-9-2020 by L.L.
No. 38-2020]
A.
This Legislature hereby finds and determines that Suffolk County
strives to protect both its wildlife and the interests of its residents.
This Legislature also finds and determines that the feeding of wild
animals is disruptive to the natural feeding habits and digestive
health of those animals. This Legislature finds that the feeding of
wild animals creates a dependency on human interaction for sustenance,
making them more likely to gather in large numbers and exhibit aggressive
behavior. This Legislature determines that over a period of time wild
animals which are fed by people tend to become both a public and private
nuisance and present a public health concern for the communities affected.
This Legislature further determines that the population of wildlife
increases in areas where they are intentionally fed, which creates
an unsafe environment for both the wild animals and residents. This
Legislature also finds that it is in the best interest of both the
wild animals and the residents of Suffolk County to prohibit the feeding
of wildlife.
B.
Therefore, the purpose of this article is to prohibit the feeding
of wild animals in Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
Any bird species that may have harmful environmental, economic,
or public health impact, such as gulls, mute swans, and/or Canada
geese.
An individual.
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.
A.
No person shall purposely or knowingly feed, bait, or in any manner provide access to food to any wild animal in Suffolk County, except as provided for in § 299-80 of this article.
B.
No person shall purposely or knowingly leave or store any refuse,
garbage, food product, pet food, forage product or supplement, salt,
seed or birdseed, fruit, or grain in a manner that would attract wild
animals in Suffolk County.
C.
After an initial contact or conflict with a wild animal, no person
shall continue to provide, or otherwise fail to secure or remove,
any likely food source or attractants to wild animals.
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.
A.
Any person who violates any provision of this article shall be liable
for a fine of not less than $50 and not more than $500 for each offense,
together with the costs of prosecution.
B.
Each separate offense shall be deemed committed on each day or part
of the day during which a violation occurs or continues.
C.
No fine shall be implemented unless the alleged violator has received
notice and has been given the opportunity to be heard. Notice shall
be served upon the alleged violator, either personally or by certified
mail, and shall contain a concise statement of the facts constituting
the alleged violation or violations, as well as setting forth the
date, time and place the hearing will be held.
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.
