[Added 6-6-2000 by L.L. No. 10-2000, effective 6-14-2000[1]]
[1]
Editor's Note: This local law provided that it shall apply to all real property 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.
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.
A. 
With respect to any endangered species of bird, no person shall operate a motor vehicle:
(1) 
In any manner that disturbs, endangers, harasses, harms, pursues or kills any endangered species of bird.
(2) 
In an area that has been fenced, roped or flagged in order to delineate a nesting or foraging area of any endangered species of bird.
B. 
The Supervisor of the Town of Brookhaven is authorized to issue executive orders imposing emergency measures restricting the operation of motor vehicles on the shoreland or any portion thereof as such measures are deemed necessary in order to protect and conserve any endangered species of bird.
A. 
No person shall:
(1) 
Disturb, endanger, harass, harm, pursue, hunt, shoot, wound, trap, capture or collect any endangered species of bird that may nest or forage on a shoreland.
(2) 
Alter, remove or tamper with any fence, rope, signage or flagging designating a nesting or foraging area of any endangered species of bird.
(3) 
Unless authorized, enter any fenced, roped or flagged area designating a nesting area of any endangered species of bird.
B. 
The Supervisor of the Town of Brookhaven is authorized to issue executive orders imposing emergency measures restricting the use of any shoreland or portion thereof as deemed necessary to protect and conserve any endangered species of bird.
[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.