[HISTORY: Adopted by the Town Board of the
Town of Southampton as Ch. 62 of the 1979 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Beaches and waterways — See Ch. 111.
Coastal erosion areas — See Ch. 138.
Environmental quality review — See Ch. 157.
Protection of natural resources — See Ch. 229.
Property maintenance — See Ch. 261.
Wetlands — See Ch. 325.
[Former Ch. 308, Moratorium: Riverside, Flanders and Northampton,
adopted 2-11-2003 by L.L. No. 11-2003, expired four months from the effective date thereof. The
complete text of this moratorium is on file in the Town offices. A
List of Expired Moratoriums is included at the end of this Code.]
This chapter shall be known and may be cited
as the "Vegetation Protection Ordinance of the Town of Southampton."
The Town Board of the Town of Southampton finds
that trees and other vegetation perform numerous important and essential
functions, including but not limited to the stabilization and preservation
of soil; maintenance of watershed areas which are essential to the
Town's fresh water supply; absorption of air pollution and production
of oxygen; establishment of natural barriers to noise and habitats
for wildlife; and creation of a desirable aesthetic quality which
is a key factor in the Town's existence as a rural resort community.
The Town Board further finds that the destruction or removal of trees
and other vegetation deprives all sectors of society of these benefits
while disrupting ecological systems of which they are an integral
part and that regulation of such destruction or removal will protect
and preserve property within the Town and promote the general welfare
and health of its inhabitants.
In this chapter, unless the context requires
otherwise, the following terms shall have the meanings indicated:
Shall not include any governmental body or subdivision or
agent thereof.
Shall include trees, shrubs, bushes, grasses, flowers and
similar plant life.
It shall be unlawful for any person to mar,
remove, damage, deface or destroy any vegetation as defined in this
chapter, whether or not such vegetation is living, under any of the
following circumstances:
A.
On the private property of another without the express
prior written consent of the owner and the occupant of such property.
Such consent may be revoked at any time by the grantor thereof. Where
such express prior written consent has been obtained, the person to
whom the same was given shall keep such consent on his person and
available for immediate display at all times during such activity
pertaining to vegetation as set forth herein. Such express prior written
consent shall not be deemed a consent hereunder as to any person whose
name is not set forth therein. Failure to produce such express prior
written consent upon demand therefor by any peace or police officer
shall be presumptive evidence that such consent has not been given
or received; or
B.
On any public grounds or property within the Town, outside incorporated villages, without the express written authorization of the Town Board or its duly designated agent. The provisions of Subsection A of this section applicable to express prior written consents shall be applicable to Town Board authorization under this subdivision.
The provisions of this chapter shall apply to
all lands within the Town of Southampton which lie outside incorporated
areas.
[Amended 7-10-1990 by L.L. No. 19-1990]
Any person who shall violate any of the provisions
of this chapter shall be guilty of a violation, punishable by a fine
of not more than $1,000 or by imprisonment for not more than 15 days,
or by both such fine and imprisonment.
