The Town Board of the Town of Brookhaven declares
its intent to protect and conserve several threatened and endangered
species that occur on or use Town of Brookhaven shoreland as habitat.
It is unlawful to harm any species of bird listed as "endangered"
and/or "threatened" pursuant to the Endangered Species Act, 16 USCS
§ 1531, et seq. and any amendments thereto. The provisions
herein render it unlawful to harm any species of bird listed as "endangered"
and/or "threatened" pursuant to the Endangered Species Act, 16 USCS
§ 1533, and any amendments thereto, and further allow the
Supervisor of the Town of Brookhaven to issue executive orders imposing
emergency measures restricting uses of the shorelands as deemed necessary
to protect endangered and/or threatened species of birds.
As used in this article, the following terms
shall have the meanings indicated:
ENDANGERED SPECIES OF BIRD
Any species of bird listed as "endangered" and/or "threatened"
pursuant to the Endangered Species Act, 16 USCS § 1533 and
any amendments thereto.
OPERATE
To drive or physically control a motor vehicle, including
sitting in the driver's seat of such motor vehicle with the keys in
the ignition and the engine engaged whether or not the motor vehicle
is moving, standing or parked.
SHORELANDS
That area within the Town of Brookhaven fronting, adjoining
and/or adjacent to the Atlantic Ocean side of Fire Island (Great South
Beach), fronting, adjoining and/or adjacent to the Long Island Sound,
and fronting, adjoining and/or adjacent to the embayments of Long
Island Sound that extend landward from the mean low water line to
the seaward toe of a dune or bluff or, where there is no dune or bluff,
100 feet landward from the place where there is marked change in material
or physiographic form or from the line of permanent vegetation, whichever
is most seaward.
[Amended 10-22-2020 by L.L. No. 12-2020, effective 11-4-2020]
Any violation of this article shall be deemed
to be an offense punishable by a fine not to exceed $250 or 10 days'
imprisonment for each such offense, or both.