[HISTORY: Adopted by the Mayor and Council of the Borough
of Madison 11-9-2009 by Ord. No. 51-2009. Amendments noted where applicable.]
It has been well established that the feeding of fish, wild
animals and waterfowl is both detrimental to fish, animals, and waterfowl
and causes a public health nuisance and safety hazard that is detrimental
to the health and general welfare of the public. Such activities also
cause degradation of water quality and/or are detrimental to the natural
environment.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any stream, pond, lake, river or any and all accumulation
of water.
Any bird that frequents the water, or lives about rivers,
lakes, etc., or on or near the sea; an aquatic fowl, including but
not limited to ducks, geese, swans, heron, and egrets.
Includes any animal which is not normally domesticated in
this state, including but not limited to bears, coyotes, deer, feral
cats, foxes, groundhogs, opossums, raccoons, skunks, and waterfowl.
A.
No person shall purposely or knowingly, as said terms are defined
in Title 2C of the New Jersey Revised Statutes, feed, bait, or in
any manner provide access to food to any fish, wild animal, or waterfowl
in the Borough of Madison, on lands either publicly or privately owned.
This section shall not apply to the feeding of farm animals.
B.
No person shall purposely, knowingly, or otherwise feed, bait, or
otherwise provide access to food to any fish or cause to place in
any body of water any object or material of any nature or kind, except
that this shall not in any way be deemed to prohibit a person or persons
possessing a valid fishing license from engaging in normal fishing
activities, where permitted by law.
C.
No person shall purposely or knowingly leave or store any refuse,
garbage, food product, pet food, forage product or supplement, salt,
seed or birdseed, fruit, or grain in a manner that would constitute
an attractant to any wild animal or waterfowl.
D.
No person shall fail to take remedial action to avoid contact or
conflict with wild animals, which may include the securing or removal
of outdoor trash, cooking grills, pet food, bird feeders or any other
similar food source or attractant, after being advised by the Borough
to undertake such remedial action. Further, after an initial contact
or conflict with a wild animal, no person shall continue to provide,
or otherwise fail to secure or remove, any likely food sources or
attractants, including, but not limited to, outdoor trash, grills,
pet food or bird feeders.
E.
Nothing in this section shall apply to:
(1)
Any agent of the Borough 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 Revised Statutes.
Feeding of other songbirds and other backyard birds shall be
permitted outdoors at such times and in such numbers that:
A.
Such feeding does not create an unreasonable disturbance that affects
the rights of surrounding property owners and renders other persons
insecure in the use of their property; and
B.
Does not create an accumulation of droppings on the property and
surrounding properties; and
C.
Does not become an attractant for rodents or other wild animals;
and
D.
Bird feeders are placed at least five feet above the ground.
A.
Each property owner shall have the duty to remove any above-named
materials or devices placed on the owner's property in violation
of this chapter.
B.
Failure to remove such materials or devices or to make such modifications
within 24 hours after notice from the municipality shall constitute
a separate violation of this chapter.
C.
Health Department personnel, animal control officers and all police
officers of the municipality are hereby given full power and authority
to enforce this chapter.
D.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
Any person violating any provision of this chapter shall be
liable to a fine not less than $50 or more than $500 for each offense,
together with the costs of prosecution. A separate offense shall be
deemed committed on each day or part of each day during which a violation
occurs or continues.
Every section of this chapter or subdivision or separate part
thereof shall be considered a separate provision to the intent that
if any portion shall be declared unconstitutional it shall not affect
the remaining parts of this chapter.
