[Added 6-6-2005 by Ord. No. 2005-11]
A.
Purpose: The Borough of New Providence, in order to protect
the health, safety and welfare of Borough residents and their property and
to protect the natural feeding habits of wild animals, desires to prohibit
the feeding of wild animals. By enactment of this article, the Borough intends
to decrease the contact between humans and wild animals and the detrimental
effects that feeding by humans of wild animals has on the animals' natural
feeding habits. The Borough also intends to decrease the incidents of contact
between humans and wild animals, and the incidents of automobile accidents
involving wild animals in the Borough.
B.
ENFORCEMENT AUTHORITY
WILD ANIMAL
Definitions: As used in this article, the following terms
shall have the following meanings:
The Borough Health Department, Animal Control Officers and the Borough
Police Department.
Any animal which is not normally domesticated in this state, including
but not limited to deer, fox, raccoons, opossum, groundhogs, chipmunks and
skunks. "Wild animal" shall not include birds.
C.
Prohibited actions:
(1)
No person shall feed, bait, or in any manner provide
food to any wild animal in the Borough. This prohibition applies to all public
and private lands within the Borough.
(2)
No person shall leave or store any refuse, garbage, food
product, pet food, animal feed, fruit or grain in a manner that would attract
or be attractive to any wild animal.
(3)
No person shall fail to take remedial action to avoid
the attraction of, or contact with, wild animals. Such remedial action may
include the securing or removal of outdoor trash and outdoor animal and pet
feeders.
(4)
This section shall not apply to any agent of the state,
county or local government authorized to implement any alternative control
method set forth in any approved, community-based deer management plan and
who is in possession of a special deer management permit issued by the New
Jersey Division of Fish and Wildlife.
D.
Enforcement:
(1)
The Borough Health Department, Animal Control Officers,
and the Borough Police Department are given full power and authority to enforce
this article. Any other person may also enforce this article by filing a complaint
with the Borough Health Department.
(2)
The Enforcement Authority, upon witnessing a violation
of this article or upon receiving a complaint of a violation by any Borough
official, employee or member of the public, shall issue a letter advising
the resident, business owner, or tenant that a complaint has been received
and that a notice of violation will be issued unless the offending action
is immediately remedied, or the person receiving the notice can establish
to the enforcement authority's satisfaction that no violation has occurred.
(3)
Upon observation or receipt of notice of the failure
of the alleged offender to cease and desist, or upon the receipt of a second
complaint or an observation by the enforcement authority of a second violation
within the same twelve-month period, a summons and complaint shall be issued
in Municipal Court.
(4)
It is a violation of this article to hinder or interfere
with the enforcement of this article by any Borough Official.
E.
Penalties: For each violation of this article, a fine
of $100 shall be imposed, and each and every day that a violation continues
shall constitute a separate violation.
F.
Severability: Every section of this article, or part
thereof, shall be considered a separate provision, to the extent that if any
portion shall be declared unconstitutional or otherwise invalid, that it shall
not affect the remaining parts of this article.
G.
Effective date: This article shall take effect immediately
upon final passage and publication thereof as provided for by law.
