Borough of Hillsdale, NJ Chapter 365 Wildlife, Feeding of

[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale 10-10-2006 by Ord. No. 06-10.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance repealed and replaced former Ch. 365, Waterfowl, Feeding of, adopted by the Board of Health of the Borough 7-7-1992 by Ord. No. 92-3, as amended.

§ 365-1 Purpose.

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

§ 365-2 Definitions.

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 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 sense of taking 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.

§ 365-3 Prohibited conduct.

No person shall feed, in any public park or on any other property owned or operated by the Borough of Hillsdale, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation center, or unconfined wildlife at environmental education centers, or feral cats as part of an approved trap-neuter-release program).

§ 365-4 Enforcement.

A. This chapter shall be enforced by the Borough of Hillsdale Police Department and Board of Health.

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

§ 365-5 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed $500.

§ 365-6 Severability.

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.