[Adopted 5-18-2020 by Ord. No. 2020-11[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III, Wildlife Feeding, adopted 10-2-2006 by Ord. No. 2006-18.
The purpose of this article is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Lower, and on all private property located within the Township of Lower, 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.
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, including but not limited to coyotes, feral cats, deer, raccoons, opossums, skunks, and carnivorous scavenger birds such as turkey vultures and black buzzards.
A. 
No person shall feed, in any public park or on any other property owned or operated by the Township of Lower, or on any private property located within the Township of Lower, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, or feral cats as part of an approved trap-neuter-release program).
B. 
Nothing contained herein shall prohibit persons from feeding birds, with the exception of carnivorous scavenger birds such as turkey vultures and black buzzards, on their private property using bird feeders filled with birdseed.
A. 
This article shall be enforced by the Lower Township Police Department and/or any other municipal officials authorized by law to enforce the ordinances of the Township of Lower.
B. 
Any person found to be in violation of the provisions of this article shall be ordered to immediately cease and desist the feeding of wildlife.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a maximum penalty, upon conviction, of a fine not exceeding $1,000 or imprisonment for a period not exceeding 90 days, or both (N.J.S.A. 40:49-5).