No person shall knowingly, purposely or intentionally feed deer,
cause deer to be fed or provide food to deer in the Borough of Franklin
Park on any public or private property. This prohibition includes,
but is not limited to, disbursement of food on the ground, at a feeding
station, in a feeding device, or in a container of any form; providing
a salt or mineral lick/block; or any other means which serves to provide
feed to any deer in the Borough of Franklin Park. This prohibition
shall not include live vegetation such as ornamental landscaping,
flowers, trees, vines or vegetable gardens. This prohibition shall
also not apply to licensed veterinarians, Animal Control Officers,
or county, state or federal game officials who are in the course of
their duties and have deer in their custody or under their management.
Any person who violates this article shall, immediately and permanently upon notification from the Borough, remove feed and feeding devices utilized to feed deer and discontinue the activity for which the notification was given. If a person complies with such notification by the date specified in the notice, no penalties will be sought as outlined in §
89-29. The notification under this section is not mandatory, and penalties under §
89-29 may be sought whether such notification was sent or received.
Any person, firm or corporation who shall violate any provision
of this article or fails to comply therewith or with any of the requirements
thereof, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorney's fees incurred by the Borough,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this article is found to exist and for each section
of this article found to have been violated. The Borough may also
commence appropriate actions in equity to prevent, restrain, correct,
enjoin, or abate violations of this article. All fines and penalties
collected for violations of this article shall be paid to the Borough
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Borough Manager, the Police Department, the Code
Official, the authorized designee of the Borough Manager, and to any
other officer or agent that the Borough Manager or the Borough Council
shall deem appropriate.