[Adopted 7-18-2006 by L.L. No. 7-2006]
As used in this article, the following terms
shall have the meanings indicated:
To directly or indirectly deposit, distribute, expose, give,
place or scatter in any location accessible to waterfowl any type
of food, other sustenance or edible material that is intended or liable
to be eaten by waterfowl.
Includes those species of birds commonly known as "geese"
and "ducks," and all other birds classified within the biological
family Anatidae, whether migratory, nonmigratory or resident.
No person shall feed, cause to be fed or provide
food to waterfowl within the Town of Yorktown. No person shall allow,
cause or foster any condition to exist or continue, with the intention
of or which results in causing a congregation or congestion of waterfowl
on public lands within the Town of Yorktown.
A.
This article is not intended to apply to waterfowl
confined in duly authorized and licensed zoos, animal parks, rehabilitation
centers or environmental education centers; provided, however, that
such waterfowl are at all times securely confined in appropriate cages,
pens or enclosures.
B.
This article is not intended to apply to waterfowl
raised or kept incident to and in the course of legitimate agricultural
operations; provided, however, that such waterfowl are at all times
securely confined in appropriate cages, pens or enclosures.
C.
This article is not intended to apply to ducks kept on residential
property pursuant to a special permit issued under the Zoning Code;
provided, however, that such ducks are at all times securely confined
in appropriate cages, pens or enclosures.
[Added 7-1-2014 by L.L. No. 2-2014]
Any person who violates any provision of this
article shall be guilty of a violation and, upon conviction, shall
be fined not less than $50 nor more than $250 for each offense. Each
day any such violation continues shall constitute a separate offense.
The imposition of any fines under this article shall not prevent the
enforced abatement of any unlawful condition by the Town.
This article shall be enforced by the Police
Department of the Town of Yorktown. The Town's Animal Control Officer(s)
and Code Enforcement Officer(s) shall also have enforcement authority.
Notwithstanding the other penalties and remedies herein provided,
the Town Board may maintain an action or proceeding in the name of
the Town in a court of competent jurisdiction to compel compliance
with this article, or to restrain by injunction the violation of any
provision of this article. The foregoing provisions for the enforcement
of this article are not exclusive, but are in addition to any and
all other laws applicable thereto.
