[Adopted 12-10-1997]
It has been determined that the presence of
large numbers of migratory waterfowl on and around bodies of water
and properties in the Town of Dover creates a public health nuisance
due to the accumulation of droppings in and around said bodies of
water and properties, which is inimical to the health and general
welfare of the public. The purpose of these provisions is to prevent
such conduct that may attract such waterfowl to properties in the
Town of Dover.
As used in this article, the following terms
shall have the meanings indicated:
Includes those nondomesticated species of birds commonly
known as "swans," "geese," "brant," "river and sea ducks" and any
other waterfowl that generally follow a seasonal migration pattern.
No person or persons shall feed, cause to be
fed or provide food for migratory waterfowl in the Town of Dover on
lands either publicly or privately owned.
This article shall not be construed to prohibit
humane acts toward migratory waterfowl in individual cases, such as
the temporary nurturing of a wounded bird on one's own premises.
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 migratory waterfowl or in an accumulation
of waterfowl feces or droppings or in damage to flora, fauna or private
or public property or in a public health nuisance or in a threat to
the health, safety and welfare of the public or the waterfowl.
The Board of Health, the Police Department,
the Code Enforcement Officer and the Animal Control Officer are hereby
authorized and directed to enforce the provisions of this article.
Any person or persons found to be in violation
of the provisions of this article shall be subject to a fine of not
less than $20 nor more than $500 for each offense, at the discretion
of the Judge of the Municipal Court.
