[Adopted 6-8-1970 as Sec. 5-21 of the Revised General Ordinances; amended
in its entirety 4-27-2009 by Ord. No. 2009-7]
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 Town of Newton, so as to protect the health, safety and welfare,
and to prescribe penalties for the failure to comply.
The following terms shall have the meanings stated herein for
the purposes of this article:
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include the baiting in the legal taking
of fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
All animals that are neither human or domesticated.
A.
No person
shall feed, in any public park or on any other property owned or operated
by the Town of Newton, any wildlife, excluding confined wildlife (e.g.,
wildlife confined at zoos, parks or rehabilitation centers, or unconfined
wildlife at environmental education centers) or feral cats as part
of an approved trap, neuter, and release (TNR) program.
B.
No person
shall purposely or knowingly, as said terms are defined in Title 2C
of the New Jersey Statutes, feed wild white-tailed deer (Odocoileus
virginianus) in the Town of Newton, on lands either publicly or privately
owned. It shall be presumed that a person is purposely or knowingly
feeding deer unless the feed is placed on a platform that is raised
at least four feet off the ground and has a lip around the edge of
the platform, or is placed on a platform that is raised at least five
feet off the ground, or is placed in a feeder whose opening is sufficiently
restricted so as to prevent deer from accessing the feed. Nothing
in this section shall apply to:
(1)
Any
agent of the Town authorized to implement an alternative control method
set forth in any approved community-based deer-management plan and
possessing a special deer-management permit issued by the New Jersey
Division of Fish and Wildlife in accordance with the provisions of
P.L. 2000, c. 46;[1] or
[1]
Editor's Note: See N.J.S.A. 23:4-42.3 et seq.
(2)
Any
hunter engaging in baiting for the purpose of hunting pursuant to
a valid hunting license issued in accordance with the provisions of
Title 23 of the New Jersey Statutes.
