[HISTORY: Adopted by the Town Board of the Town of Brookhaven 11-15-2005 by L.L. No. 27-2005, effective 5-18-2006. Amendments noted where applicable.]
It is the purpose of this chapter to protect the health, safety and welfare of the community by prohibiting the feeding of waterfowl and pigeons within Town of Brookhaven parks. Feeding waterfowl and pigeons increases the potential for damage to public parks, may cause water quality problems and may increase the potential for the spread of disease to residents caused by increased rodent populations.
As used in this chapter, the following terms shall have the meanings indicated:
- FEED or FEEDING
- To place, deposit, scatter or distribute in a location accessible to waterfowl or migratory birds any type of food, including but not limited to corn, wheat or other grains, bread, popcorn, scraps or any substance liable to be eaten by the waterfowl or migratory birds.
- PARK or PARKS
- Includes all parks, playgrounds, athletic fields, swimming pools, beaches, boardwalks, marinas and any and all recreation areas under the ownership and jurisdiction of the Town of Brookhaven, its Town Board or the Trustees of the Freeholders and Commonalty of the Town of Brookhaven supervised by the Commissioner of the Department of Parks, Recreation and Sports and Cultural Resources and any other duly designated Town officials and such other rights and appurtenances whether the same be now or hereafter owned or acquired by the Town of Brookhaven in fee or otherwise, including all land under and space above the surface of the ground.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- Those domestic varieties belonging to the order Columbiformes.
- Those species belonging to the order Anseriformes, including but not limited to mute swans, Canada geese, and mallards.
It shall be unlawful for any person to feed any waterfowl or pigeon within any Town of Brookhaven park.
The above prohibition shall not apply to the feeding of confined waterfowl or pigeons confined in zoos or rehabilitation centers, specifically at Holtsville Ecology Park.
Any violation of this chapter shall be deemed to be an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 10 days for each such offense, or by both such fine and imprisonment.
If any clause, sentence, paragraph or section of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.