Re: [cayugabirds-l] Stewart Park boundaries

2015-11-15 Thread Kenneth V. Rosenberg
Missing from this exchange is the fact that it was DEC's top waterfowl 
biologist, in consultation with the DEC office in Cortland, who recommended 
that the easiest way to resolve the human conflicts was to enforce the already 
existing ordinance passed by the City of Ithaca, but not recently enforced. We 
welcome the mayor and the City to communicate the results of their meetings and 
decisions last winter/ so everyone would stop wondering about what is 
legal/possible and what is not.

Ken

Sent from my iPhone

On Nov 15, 2015, at 8:21 AM, Dave Nutter 
> wrote:

As you say, it may be that the City would not succeed in a direct assertion of 
the ban. And maybe there will not be a direct challenge. However, it also may 
be that the City or others can convince the State, on the basis of such 
conflicts as Elaina documented in the most wild and remote corner of the City, 
as well as other factors, such as the reliance of such a large proportion of 
the Redhead population on this area, or the illegal chasing of ducks by 
hunters, that this is not an appropriate activity on this part of the lake.

--Dave Nutter

On Nov 15, 2015, at 07:57 AM, Geo Kloppel 
> wrote:


Afraid not. That's just where the well-established supremacy of the state's 
sole authority to regulate hunting comes in. This is not an issue where home 
rule rights might plausibly be asserted. State-wide regulation of hunting is 
clearly a preemptive "general law" as defined in Article IX of the state 
constitution, and elaborated in the state publication linked below, bottom of 
page 3.

https://www.dos.ny.gov/lg/publications/Adopting_Local_Laws_in_New_York_State.pdf

-Geo


The question is whether the City can enforce its ban on the lake. Some people 
say not. I thought that last year the mayor said he would test it. If 
successful it would make most of the shallows at the south end of the lake into 
a waterfowl sanctuary.

--Dave Nutter

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Re: [cayugabirds-l] Stewart Park boundaries

2015-11-15 Thread Geo Kloppel
The state has the authority to restrict or ban hunting in any area it 
designates, for any of a variety of reasons, including public safety. And the 
state already has the resources in place to communicate and enforce such 
restrictions. If the city or its citizens want a ban in the waters off Stewart 
Park, the wisest course IMO would be to appeal directly to DEC to impose one, 
rather than challenge the state's authority by attempting to enforce a city 
ordinance of dubious validity.

-Geo 

On Nov 15, 2015, at 8:41 AM, "Kenneth V. Rosenberg"  wrote:

> Missing from this exchange is the fact that it was DEC's top waterfowl 
> biologist, in consultation with the DEC office in Cortland, who recommended 
> that the easiest way to resolve the human conflicts was to enforce the 
> already existing ordinance passed by the City of Ithaca, but not recently 
> enforced. We welcome the mayor and the City to communicate the results of 
> their meetings and decisions last winter/ so everyone would stop wondering 
> about what is legal/possible and what is not. 
> 
> Ken
> 
> Sent from my iPhone
> 
> On Nov 15, 2015, at 8:21 AM, Dave Nutter  wrote:
> 
>> As you say, it may be that the City would not succeed in a direct assertion 
>> of the ban. And maybe there will not be a direct challenge. However, it also 
>> may be that the City or others can convince the State, on the basis of such 
>> conflicts as Elaina documented in the most wild and remote corner of the 
>> City, as well as other factors, such as the reliance of such a large 
>> proportion of the Redhead population on this area, or the illegal chasing of 
>> ducks by hunters, that this is not an appropriate activity on this part of 
>> the lake.
>> --Dave Nutter
>> 
>> On Nov 15, 2015, at 07:57 AM, Geo Kloppel  wrote:
>> 
>>> 
>>> Afraid not. That's just where the well-established supremacy of the state's 
>>> sole authority to regulate hunting comes in. This is not an issue where 
>>> home rule rights might plausibly be asserted. State-wide regulation of 
>>> hunting is clearly a preemptive "general law" as defined in Article IX of 
>>> the state constitution, and elaborated in the state publication linked 
>>> below, bottom of page 3.
>>> 
>>> https://www.dos.ny.gov/lg/publications/Adopting_Local_Laws_in_New_York_State.pdf
>>> 
>>> -Geo 
>>> 
 
 The question is whether the City can enforce its ban on the lake. Some 
 people say not. I thought that last year the mayor said he would test it. 
 If successful it would make most of the shallows at the south end of the 
 lake into a waterfowl sanctuary.
 --Dave Nutter
>>> 
>>> --
>>> Cayugabirds-L List Info:
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>>> Please submit your observations to eBird!
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>> --
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Re: [cayugabirds-l] Stewart Park boundaries

2015-11-15 Thread Dave Nutter

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Re: [cayugabirds-l] Stewart Park boundaries

2015-11-15 Thread Geo Kloppel
Afraid not. That's just where the well-established supremacy of the state's 
sole authority to regulate hunting comes in. This is not an issue where home 
rule rights might plausibly be asserted. State-wide regulation of hunting is 
clearly a preemptive "general law" as defined in Article IX of the state 
constitution, and elaborated in the state publication linked below, bottom of 
page 3.

https://www.dos.ny.gov/lg/publications/Adopting_Local_Laws_in_New_York_State.pdf

-Geo 

> 
> The question is whether the City can enforce its ban on the lake. Some people 
> say not. I thought that last year the mayor said he would test it. If 
> successful it would make most of the shallows at the south end of the lake 
> into a waterfowl sanctuary.
> --Dave Nutter

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Re: [cayugabirds-l] Stewart Park boundaries

2015-11-14 Thread Dave Nutter

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[cayugabirds-l] Stewart Park boundaries

2015-11-14 Thread Geo Kloppel
I was just looking at ecode section 336-10, which concerns the boundaries of 
Stewart Park. A casual reading might suggest that the park extends north into 
the lake a considerable distance (all the way to the city line), but this is 
not the case. A more careful reading will reveal that within the area bounded 
and described, only the city-owned property is included in the park. Since the 
lake is not city-owned property, it's not part of the park. Hence the Stewart 
Park firearms prohibition ends at the lakeshore.

http://ecode360.com/8395310#8395295

-Geo
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