Borough of Oceanport, NJ Article III Wildlife Feeding

[Adopted 7-21-2005 by Ord. No. 797]

§ 127-17 Purpose.

This article is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Oceanport, so as to protect the public health, safety and welfare, and to prescribe penalties for failure to comply.

§ 127-18 Definitions and word usage.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein, unless their use in the text of this article 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.

FEED

To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

PERSON

Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.

WILDLIFE

All animals that are neither human nor domesticated.

§ 127-19 Prohibited conduct.

A. No person shall feed, in any public park or on any other property owned or operated by the Borough of Oceanport, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

B. 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 waterfowl, or in an accumulation of waterfowl feces or droppings or in damage to flora or fauna on any public property, or in a public health nuisance or in a threat to the health, safety and welfare of the public or the waterfowl.

[Added 9-18-2008 by Ord. No. 851]

§ 127-20 Enforcement.

A. The primary parties responsible for the enforcement of the within article and the issuance of a complaint for any violation thereof shall be the Police Department and/or the Code Enforcement Officer.

B. Any person found to be in violation of this article shall be ordered to cease the feeding immediately.

§ 127-21 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a penalty as set forth in Chapter 1, § 1-15, General penalty.