[HISTORY: Adopted by the Township Committee
of the Township of Hillsborough 12-23-2008 by Ord. No. 2008-50.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 183, Hunting and Wildlife Management, adopted 8-10-2004
by Ord. No. 2004-24.
As used in this chapter, the following terms
shall have the meanings indicated:
Any species or subspecies declared to be endangered by applicable
law or regulations.
Any wildlife for which a legal hunting or trapping season
has not been established or which has not been classified as an endangered
species by applicable law or regulation.
Any wild mammal, bird, reptile, amphibian, fish, mollusk,
crustacean or other wild animal that is neither an endangered species
or a nongame species. The definition of wildlife includes "white-tailed
deer."
It shall be unlawful at all times to hunt, kill or destroy or attempt to hunt, kill or destroy any wildlife while being in any of the public streets, highways, alleys, parks, municipally owned open spaces and/or greenways or other public places in the Township of Hillsborough, whether said wildlife is in said public streets, highways, alleys, parks, municipally owned open spaces and/or greenways or public places, or whether said wildlife is in the fields or woods adjacent to said public streets, highways, alleys, parks, municipally owned open spaces and/or greenways or other public places in said Township of Hillsborough, except in accordance with §§ 183-4, 183-5 and 183-6 of the Code of the Township of Hillsborough. Beyond the exceptions granted by Chapter 183, all hunting prohibitions shall remain in effect.
The hunting, shooting, killing and removal of white-tailed deer or other wildlife on municipally owned land shall be allowed only with the possession of and under the provisions of a municipal wildlife management permit for such activity. The number of municipal wildlife management permits issued each year and the properties for which such permits shall be issued shall be determined annually by resolution of the Township Committee. The permit process is described in § 183-6 of this chapter.
A.
General purpose. The wildlife management program (or "program") shall establish the provisions for the conduct of public hunting and/or of any other method of wildlife management, control or preservation on municipally owned land with a municipal game management permit for said activity which is separately authorized under § 183-4 of this chapter. The program shall emphasize the maintenance of a healthy balance and diversity in the local ecology while providing for the health and safety of Township residents and the protection of farming.
B.
State assistance. The program should be developed
with the assistance of the New Jersey Division of Fish and Wildlife,
and none of its provisions shall be in conflict with state hunting
or wildlife control laws or regulations.
C.
Permits required for public hunting. The hunting, shooting, killing and/or removal of wildlife from municipally owned land may be provided for by the program only with the possession of and under the provisions of a municipal wildlife management permit for such activity. The permit process is described in § 183-6 of this chapter.
A.
Prohibition of hunting or carriage of loaded or unloaded
weapons on municipally owned land without a municipal wildlife management
permit. No one shall hunt, shoot, kill or remove white-tailed deer
or any other wildlife, or carry firearms or any other weapon potentially
dangerous to wildlife and human safety, on municipally owned land
unless having first obtained a municipal wildlife management permit
for such activity.
B.
Number of permits and permitted properties. The number
of municipal wildlife management permits issued each year for the
culling of white-tailed deer, and the properties for which the permits
are issued, shall be determined annually by resolution of the Township
Committee. The number and type of other municipal wildlife management
permits that may be issued, and the properties for which such permits
may be issued, shall be established under the Township's wildlife
management program.
C.
Permit process.
(1)
A municipal wildlife management permit may be obtained
by application to the Township Clerk. Application forms will be available
in the Clerk's office.
(2)
Applicants must apply in person and must bring the
applicable original New Jersey resident hunting license valid for
the current calendar year and required permit documents with them
for photocopying at the Clerk's office.
(3)
Individual applicants may form a group or hunting
club to purchase all the permits available for a specific property;
in such case one individual may appear in person to apply on behalf
of the group or hunting club.
(4)
The application shall contain the following applicant
information; each member of a purchasing group must individually provide
this information:
(a)
Name, address and phone number.
(b)
Date of birth; applicants must be 18 years of
age or older to be eligible.
(c)
Motor vehicle information, including year, make,
model and license plate number.
(d)
Valid New Jersey resident hunting license (firearm,
bow and arrow or all around sportsman).
(e)
A copy of the certificate of insurance confirming
general liability insurance with coverage with combined single limits
for bodily injury and property damage of at least $1,000,000 per single
occurrence and $1,000,000 annual aggregate.
(f)
The parcel for which a permit is sought.
(g)
A completed consent form for the purpose of
conducting a hunting license check on each individual applicant.
(5)
As permissible under state law, preference may be
given to Township residents followed by Somerset County residents;
thereafter, remaining permits shall be available to any eligible resident
of the State of New Jersey.
(6)
Any permit issued by the Township may contain such
conditions as are reasonably required to ensure the safety of Township
residents, including but not limited to posting the properties to
warn the public of any hunting activities taking place thereon, limiting
the days and times during which the permittees may hunt thereon and
restricting the areas within the properties on which the permittees
may hunt.
(7)
Permits shall be valid only during the applicable
state-approved deer or other wildlife hunting seasons, as said dates
may be amended from time to time by state authorities or Township
officials.
(8)
Permits shall be specific to the property for which
they are issued and shall be nontransferable between properties and/or
parties.
(9)
The Township may charge a fee for the issuance of
permits. Fees may be established by a standardized fee schedule or
determined by a competitive bidding process. For the culling of white-tailed
deer, the permit fee structure shall be established annually by resolution
of the Township Committee. For the hunting of other wildlife as may
be permitted under the Township wildlife management program, said
permit fee structure shall also be established annually by resolution
of the Township Committee.
(10)
The Township Chief of Police, or designee, shall
be authorized to revoke a permit issued hereunder at any time if the
safety of any persons or the safety of personal or Township property
is threatened as a result of activity authorized by the permit. Violations
by any permittee of any applicable state or local rules or regulations
pertaining to hunting shall also cause the permit to be revoked. Where
such permit has been revoked or where persons or personal property
are endangered as set forth above, the Police Department is authorized
to require that such person or persons leave the Township-owned land
immediately and take all steps necessary and legal to eliminate the
condition that endangers persons or property.
A.
Establishment of a Wildlife Management Commission. There is hereby established a Wildlife Management Commission (WMC) of the Township of Hillsborough, which shall develop and recommend to the Township Committee, on an annual basis, a Township wildlife management program as described in general terms in § 183-5 and shall monitor and report on said program after its adoption by the Township Committee.
B.
C.
Organization.
(1)
The WMC shall organize within 30 days after the appointment
of its total membership, and thereafter annually each January, by
the election by its membership of one of its members as Chairman and
one as Secretary.
(2)
The WMC shall meet at least four times per year, and
may choose to meet more often as necessary to perform its duties.
D.
Powers and duties.
(1)
The WMC shall prepare annually, in consultation with
appropriate Township staff officials, a proposed wildlife management
program.
(2)
The Township Committee shall consider the program
that is proposed to it by the WMC and/or appropriate Township staff
officials, but it maintains full authority to adopt a program of its
choice or not adopt a program at all.
(3)
The WMC shall monitor the adopted program and, in
May of each year, shall report to the Township Committee on the conduct
and outcome of the past year's program.
