[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.
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.
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.
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).
A.Â
This chapter shall be enforced by the Borough of Rutherford
Health Department.
B.Â
Any person found to be in violation of this chapter shall
be ordered to cease the feeding immediately.
C.Â
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.
