The purpose of this article is to prohibit the feeding of unconfined
wildlife on any property within the Borough of Essex Fells, 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 article 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 or the use of bird feeders on private property.
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. "Wildlife"
shall include unlicensed dogs or cats.
[Amended 4-15-2014 by Ord. No. 2014-949]
No person shall feed, in any public park or on any other property
within the territorial jurisdiction of the Borough of Essex Fells,
any wildlife, excluding confined wildlife (for example, wildlife confined
in zoos, parks or rehabilitation centers or unconfined wildlife at
environmental education centers). The penalty for a violation of this
section shall be:
D. Fourth and subsequent offenses: $150.
Any person, firm or corporation which violates any of the provisions of this article shall, upon conviction, be punished as provided in Chapter
1, Article
III, General Penalty, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.