RULES & REGULATIONS OF THE BOARD OF
HEALTH
17.80 CONTROL and FEEDING of AQUATIC
BIRDS
(Adopted
17.80.1. Intent and
purpose
The large number of Aquatic birds attracted by feeding and
baiting in and around
It is the intent of this health regulation to minimize the
attraction of these birds by restricting their feeding and other acts that
encourage the birds to halt their migrations and to reside in the Town of
It is also the intent that this health regulation shall apply
to all land and waterways located within the boundaries of the Town of
Kingston, New Hampshire.
17.80.2. Definitions
For the purpose of this regulation,
the following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this regulation clearly
demonstrates a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural number
include the singular number, and words used in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
1.
Aquatic birds, Aquatic birds consist of the following 5 groups of birds;
Long-legged waterbirds, Waterfowl, Migratory and
resident waders, Marsh birds, and Seabirds.
2.
Feed or feeding, Includes the provision or dissemination of food in any
manner in the vicinity of aquatic birds.
3.
Long-legged waterbirds, Include but are not limited to
Egrets, Herons, Ibis.
4.
Marsh birds, Include but are not limited to Grebes, Coots, Swamphens.
5.
Migratory and Resident waders, Include but are not limited to
Plovers, Stints, Oyster catchers.
6.
Person, Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
7.
Seabirds, Include but are not limited to Petrels, Shearwaters, Gulls,
Terns, Cormorants.
8.
Shoreland protection district, shall mean the same district as
defined in the Town of Kingston Ordinances Article 20.30.
9.
Waterfowl, Includes:
a.
Migratory waterfowl, Ducks, geese and swans and any other waterfowl
falling under the jurisdiction of the United States Fish and Wildlife Service;
b.
Domestic waterfowl, Nonnative geese, ducks and swans not retained in
agricultural operations.
10.
Waterways, A general term referring to
lakes, ponds, streams, creeks, and storm water basins.
17.80.3. Prohibited Acts
1.
No person or persons shall feed, cause
to be fed or provide food for Aquatic birds within the Shoreland Protection
District in any manner that increases public health risks. This regulation is
not intended to prohibit the raising of domestic waterfowl, except that
domestic waterfowl must be securely contained or penned in an enclosure in an
area so as to prevent fecal matter from the waterfowl entering into any
waterways.
2.
No person or persons shall create or
foster any condition or allow any condition to exist or continue which results
in a congregation or congestion of aquatic birds.
3.
It shall be unlawful for any
person to introduce or drop off any aquatic birds on any publicly owned land or
waterways within the boundaries of the Town of
17.80.4. Enforcement; Violations and Penalties
17.80.5. Severability
Should any section or
provision of this regulation be declared by a Court of appropriate jurisdiction
to be invalid, such decision shall not invalidate any other section or
provisions of this regulation.
Article 17.80
of the rules and regulations of the Kingston Board of Health (Control and
Feeding of Aquatic Birds) shall take effect after its adoption, approval, and
publication in accordance with, and pursuant to the authority granted by