[Adopted 6-25-1992; amended in its entirety 2-28-2006]
An article to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by Borough of Allendale, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
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 chapter 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.
A. 
No person shall feed, in any public park or on any other property owned or operated by the Borough of Allendale, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, including the Celery Farm Nature Preserve).
B. 
Create any condition which results in a congregation of wildlife on public property which:
(1) 
Results in an accumulation of waterfowl feces or droppings;
(2) 
Results in damage to flora, fauna or public property or safety or welfare;
(3) 
Results in a threat or nuisance to the public health, safety or welfare; or
(4) 
Results in a threat to the health, safety or welfare of said wildlife.
[Amended 12-14-2017]
A. 
This article shall be enforced by the Police Department and/or Property Maintenance Officer of the Borough of Allendale.
B. 
Whenever the Borough Council, or Chief of Police, or his designee, becomes aware that a congregation or congestion of wildlife exists on public property, such wildlife maybe dispersed or removed by any lawful means approved by the Borough Council or the Chief of Police, or his designee.
C. 
Whenever the Borough Council, or Chief of Police, or his designee, 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 to 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.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $2,000.
Each section, subsection, sentence, clause and phrase of this article is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this article to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this article.
Article V, §§ 203-26 through 203-29, entitled "Feeding of Migratory Waterfowl," to the extent inconsistent with the terms hereof, is hereby repealed. All other ordinances of the Borough of Allendale, or parts thereof, which are in conflict with this article are hereby repealed to the extent of such conflict.
This article shall be in full force and effect from and after its adoption and any publication as may be required by law.