[Adopted by the Borough of Rutherford Council 3-27-2007 by Ord. No. 3128-07. Amendments noted where applicable.]
The purpose of this chapter is to prohibit the feeding of unconfined wildlife, including pigeons, in any open space, public property, or recreation area owned or operated by the Borough of Rutherford, so as to protect public health, safety and welfare, and so as to contribute to the overall enforcement of Borough's stormwater management control rules and regulations.
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.
- To give, place, provide, 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.
- OPEN SPACES
- Those public lands owned by the Borough of Rutherford, devoted to the general public of the Borough of Rutherford, known as Williams Center Plaza, Lincoln Park, Sunset Park, Van Winkle Park, Firefighter's Memorial, Waterfront Park, and Lincoln Woods.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- PUBLIC PROPERTY
- All public lands and buildings owned or operated by the Borough of Rutherford, including, but not limited to, all public streets, all public sidewalks, all public rights-of-way, any easement areas given in favor of the Borough, the Borough Hall property, the Borough Hall Annex property, the Borough Department of Public Works property, the Borough library property, Borough firehouse properties, the Kip Center property, the Borough parking lots and garages, and all public school properties under the title or control of the Borough of Rutherford Board of Education.
- RECREATION AREAS
- Those public lands owned by the Borough of Rutherford, devoted to active or passive recreation, known as Memorial Park, Tamblyn Field, Tryon Field, and Harold Wall Field, and the playgrounds, picnic areas, fields, courts, buildings, and parking lots adjacent to or part of these designated places.
- All animals that are neither human nor domesticated, including pigeons.
No person shall feed or cause to be fed any wildlife in any open space, public property, or recreation area. This prohibition does not apply to the feeding of confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
This chapter shall be enforced by the Borough of Rutherford Health Department.
Any person found to be in violation of this chapter shall be ordered to cease the feeding immediately.
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine of not less than $50 nor more than $1,000 for each violation. Each day a violation continues shall be considered a separate and specific violation of this chapter. The penalties herein prescribed shall apply to such separate and specific offenses.
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.