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 the 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 place, give, expose, deposit, distribute, or scatter any
edible material with the intention of feeding, attracting, or enticing
a bird as mentioned above.
PERSON
Any individual, corporation, company, firm, partnership,
association, or political subdivision of the state subject to municipal
jurisdiction.
In the City of Hackensack, no person, while
in any public park or on any other property owned or operated by the
City of Hackensack, shall attract or feed or attempt to attract or
feed waterfowl, songbirds, pigeons and other backyard birds which
are not the person's personal property by placing, throwing, or providing
by any means food for said birds.
The feeding of waterfowl, songbirds, pigeons
and other backyard birds shall be permitted outdoors on private property
only if:
A. Such feeding does not create an unreasonable disturbance
that intrudes on the rights of surrounding property owners and renders
others insecure in the use of their property;
B. The feeding does not create an accumulation of droppings
on the feeder's property or on the neighboring properties;
C. The property does not become an attractant for rodents
or other wild animals;
D. All birdfeeders are placed at least five feet above
the ground; and
E. The birdfeeder's capacity for seed is no more than
five pounds.
Any person who violates a provision of this
article shall be liable to a fine of no less than $50 and no more
than $1,000 for the first offense, together with the cost of prosecution.
A second offense shall make a person liable for a fine of no less
than $100 and no more than $2,000. Any subsequent offenses shall make
a person liable for a fine of no less than $250 and no more than $5,000.
A separate offense will be deemed committed on each day or part of
each day during which a violation occurs or continues.