[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 2-28-2006 by Ord. No. 909.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Prohibited animals — See Ch. 5.
[1]
Editor's Note: This ordinance also repealed former Ch.
82, Waterfowl, adopted 11-24-1992 by Ord. No. 708.
This chapter prohibits the feeding of unconfined wildlife in
any public park or on any other property owned or operated by the
Borough of Ho-Ho-Kus so as to protect public health, safety and welfare
and prescribes penalties for failure to comply.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein,
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in 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.
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.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Ho-Ho-Kus, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers) or unconfined wildlife at environmental education
centers, or create any condition which results in a congregation of
wildlife on public property which:
A.
This chapter shall be enforced by the Police Department and/or Health
Officer of the Borough of Ho-Ho-Kus.
B.
Whenever the Health Officer becomes aware that a congregation or
congestion of wildlife exists on public property, he may disperse
or remove them by any lawful means. However, before such dispersal
or removal takes place, the Health Officer shall meet and confer with
the Board of Health and, with its advice and consent, determine the
appropriate method, considering first the health, safety and welfare
of the citizens of Ho-Ho-Kus and second the health, safety and welfare
of the wildlife.
C.
Whenever the Health Officer, in his sound discretion, determines
that wildlife shall be dispersed by scare tactics or noise tactics,
he may request assistance for the implementation of the plan from
the Police Department and/or Public Works Department or from any responsible
citizen or citizens. This subsection shall not be construed to authorize
any private citizen to discharge any firearm or use any device which
launches a projectile of any type. It shall be used in a reasonable
way respecting the rights of surrounding houses from excessive noise
levels.
D.
The Health Officer shall apply for and secure all permits necessary
by law before dispersing or removing the wildlife.
Any person(s) who is found to be in violation of the provisions
of this chapter shall be subject to a fine not to exceed $2,000.
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this chapter to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this chapter.
Former Chapter 82, entitled "Waterfowl," to the extent inconsistent
with the terms hereof, is hereby repealed. All other ordinances of
this Borough, or parts thereof, which are in conflict with this chapter
are hereby repealed to the extent of such conflict.
This chapter shall be in full force and effect from and after
its adoption and any publication as may be required by law.
