[HISTORY: Adopted by the Town Board of the Town of Pound Ridge 5-17-2007 by L.L. No. 2-2007. Amendments noted where applicable.]
This chapter is intended to promote the public safety, health and welfare of the residents and property of the Town of Pound Ridge, in conformance with state law. The Town Board desires to protect its residents, their pets, livestock, and species of wild animals from injury, harm or death by traps or trapping activities, and thus intends by the enactment of this chapter to regulate trapping activities and the use of traps in the Town of Pound Ridge.
The Town Board and the Conservation Board of the Town of Pound Ridge have each been made aware of incidents where animals were trapped which were not intended to be trapped, or wherein animals were trapped during closed seasons.
The Town Board hereby finds that, due to the Town's character and population, there is a distinction between the Town of Pound Ridge and other towns in New York State which requires the strict regulation of trapping, traps and associated activities in the Town of Pound Ridge.
As used in this chapter, the following terms shall have the meanings indicated:
- NUISANCE WILDLIFE CONTROL LICENSEE
- A qualified individual who has been issued a nuisance wildlife control license by the State of New York, acting as an agent for a property owner or lessee, who is permitted to take, temporarily possess, transport and release wildlife, at any time whenever the wildlife becomes a nuisance, destroys property or menaces an individual or domestic animal.
- Any device, made of any material, used or put in place to take, capture, catch, hold, or kill wildlife, game or other animals.
- To take, kill or capture wildlife with traps, deadfalls and other devices commonly used to take wildlife, including the shooting or killing of lawfully trapped animals, and includes all related activities such as placing, setting, staking or checking traps or assisting another person with these activities.
- TRAPPING PERMIT
- That form of Town approval required by this chapter for the conduct of any regulated activity pursuant to this chapter.
Trapping, or the setting, placing, or use of a trap or traps, shall be unlawful in the Town of Pound Ridge, except as performed pursuant to a trapping permit issued by the Town Clerk or other authorized agent.
This chapter shall not apply to:
Any nuisance wildlife control licensee in the performance of duties pursuant to such nuisance wildlife control license who is trapping either within a dwelling or outbuilding and outdoors under the following conditions:
The property upon which trapping or the setting or placing of traps will occur shall be posted with signs that clearly read "Caution: Trapping in Progress." Such posted signs must be placed at an interval of no more than 100 feet around the perimeter of the property, shall be four feet above the ground, and shall be and remain in place for the duration of any trapping.
A visible warning shall be placed within three feet of any trap placed or set. Such visible warning shall consist of a six-inch-by-six-inch blaze-orange all-weather material, must be capable of being viewed from all directions, and must be at least three feet above ground.
Written notification of trapping shall be made to the owners of all property which adjoins, or is across the street from the frontage of, any property where trapping will occur.
Such notice must be made at least 10 days prior to the commencement of any trapping, and shall set forth:
The name(s), address and phone number of the owner(s) of the property upon which trapping shall occur.
The location and address of the property upon which trapping will occur.
A statement setting forth that trapping activities and/or the placing of a trap or traps will occur on such property, the date when any trap or traps will be set or placed, the species of wildlife for which the traps are to be set, and the date when all traps will be removed.
Notification shall also be published as a public notice in the official newspaper of the Town of Pound Ridge at least 10 days prior to the commencement of any trapping, and shall set forth the location and address of the property upon which trapping will occur, a statement setting forth that trapping activities and/or the placing of a trap or traps will occur on such property, the date when any trap or traps will be set or placed, the species of wildlife for which the traps are to be set, and the date when all traps will be removed.
The applicant for a trapping permit shall be the owner of the property, or shall have written permission of the owner of the property where trapping will occur.
All traps must be clearly labeled with the name, address, trapping permit number, and phone number of the owner of the trap.
Any person engaging in trapping pursuant to a trapping permit must also have a New York State trapping license valid during the term of the trapping permit.
All trapping permits shall be valid for the dates and term shown, and shall be revocable for any reason, at any time, upon the action of the issuing authority.
Any person found violating any provision of this chapter or conditions duly imposed pursuant thereto shall, for the first offense, be guilty of a violation punishable by a fine not to exceed $500, revocation of trapping permit, one-year ineligibility for obtaining a trapping permit, and/or imprisonment of no more than 10 days.
For a second and each subsequent offense, such person shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000, revocation of trapping permit, two-year ineligibility for obtaining a trapping permit, and/or a term of imprisonment of no more than 60 days.
Any activity pursuant to a trapping permit shall also conform to all other applicable laws and regulations of the Town of Pound Ridge, the County of Westchester, and the State of New York.
Fees for trapping permits shall be collected by the Town Clerk and shall be established by resolution of the Town Board.
If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
This chapter shall take effect immediately upon filing with the Secretary of State of the State of New York.