A sting operation staged by a multi-agency task force at the state's Edgewood Preserve on November 19 netted six impounded ATVs and resulted in the issuance of 20 violations, according to Peter Scully, regional director of the NYS DEC. Four individuals were ticketed after they were found using ATVs on DEC-managed lands at the Oak Brush Plains State Preserve at Edgewood. Three other individuals were issued summons for using ATVs on lands adjacent to DEC lands.
"In the coming months, DEC and its partners from the towns of Babylon, Huntington and Islip will continue to make a focused enforcement effort against illegal ATV use and other non-permitted activities that can cause environmental damage at the Edgewood property," said Scully. "Our forest rangers and environmental conservation police are committed to protecting important open space holdings from damage and abuse."
The Oak Brush Plains State Preserve at Edgewood is an 813-acre area located in the towns of Babylon and Huntington, and it borders the town of Islip. This land was originally acquired by the New York State Department of Mental Hygiene in the 1930s for the purpose of constructing two psychiatric hospital facilities - the Edgewood State Hospital and the Pilgrim State Hospital. The facility and surrounding acres were transferred to the DEC in 1987, which declared the land a State Nature and Historic Preserve. The preserve is the largest remnant of pitch pine-scrub oak barrens on Long Island and the second largest in New York State.
The sting operation was announced one day prior to a public hearing on a measure before the Suffolk County Legislature that would strengthen provisions to authorize the county to seek forfeiture after a single illegal use of an ATV.
At that hearing, which took place Tuesday, November 21, opponents questioned the constitutionality of the forfeiture provisions. Among those speaking were Thomas Riker, Joseph Scotto, Jose Hopper, Trevor Hubbard and others, most of whom disputed contentions that ATVs were damaging to the environment, argued that forfeiture of the vehicles was unconstitutional, and urged the Legislature to look at a county task force report on ATV use before taking action.
County Legislator Dan Losquadro (R-Mount Sinai), who served on that task force, said he had his own concerns. "Thirty years of enforcement haven't been working," he said. "My biggest question is the constitutionality issue, confiscating property without a prior offense. I think there is case law pending which may be decided soon that could give us an indication whether there's any constitutional grounds for asset forfeiture. Right now, I'm not convinced this is the right way to go."
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"In the coming months, DEC and its partners from the towns of Babylon, Huntington and Islip will continue to make a focused enforcement effort against illegal ATV use and other non-permitted activities that can cause environmental damage at the Edgewood property," said Scully. "Our forest rangers and environmental conservation police are committed to protecting important open space holdings from damage and abuse."
The Oak Brush Plains State Preserve at Edgewood is an 813-acre area located in the towns of Babylon and Huntington, and it borders the town of Islip. This land was originally acquired by the New York State Department of Mental Hygiene in the 1930s for the purpose of constructing two psychiatric hospital facilities - the Edgewood State Hospital and the Pilgrim State Hospital. The facility and surrounding acres were transferred to the DEC in 1987, which declared the land a State Nature and Historic Preserve. The preserve is the largest remnant of pitch pine-scrub oak barrens on Long Island and the second largest in New York State.
The sting operation was announced one day prior to a public hearing on a measure before the Suffolk County Legislature that would strengthen provisions to authorize the county to seek forfeiture after a single illegal use of an ATV.
At that hearing, which took place Tuesday, November 21, opponents questioned the constitutionality of the forfeiture provisions. Among those speaking were Thomas Riker, Joseph Scotto, Jose Hopper, Trevor Hubbard and others, most of whom disputed contentions that ATVs were damaging to the environment, argued that forfeiture of the vehicles was unconstitutional, and urged the Legislature to look at a county task force report on ATV use before taking action.
County Legislator Dan Losquadro (R-Mount Sinai), who served on that task force, said he had his own concerns. "Thirty years of enforcement haven't been working," he said. "My biggest question is the constitutionality issue, confiscating property without a prior offense. I think there is case law pending which may be decided soon that could give us an indication whether there's any constitutional grounds for asset forfeiture. Right now, I'm not convinced this is the right way to go."
[full article]
