[Adopted 9-19-2006 by Ord. No. 2006-17]
The purpose of this article is to prohibit the
feeding of unconfined wildlife in any public park or on any other
property owned, operated or controlled by the Borough of Bay Head,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Amended 7-6-2015 by Ord. No. 2015-16]
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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any bird that frequents the water, or lives about rivers,
lakes, etc., or on or near the ocean; an aquatic fowl, including but
not limited to ducks, geese, swans, heron, and egrets.
All animals that are neither human nor domesticated. Includes
any animal which is not normally domesticated in this state, including
but not limited to bears, coyotes, deer, feral cats, foxes, rodents,
groundhogs, opossums, raccoons, skunks, waterfowl, and the like.
[Amended 7-6-2015 by Ord. No. 2015-16]
No person shall feed, in any public park or on any other property
owned, operated, or controlled by either the Borough of Bay Head or
any private owner, any wildlife, excluding confined wildlife (for
example, wildlife confined in zoos, parks or rehabilitation centers,
or unconfined wildlife at environmental education centers).
A.
The feeding of wild animals and/or wildlife is prohibited.
(1)
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 wild animal or waterfowl
in the Borough on lands either publicly or privately owned.
(2)
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.
(3)
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.
B.
The feeding of other songbirds and other backyard birds is permitted.
Feeding of other songbirds and other backyard birds shall be permitted
outdoors at such times and in such numbers that:
(1)
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;
(2)
Such feeding does not create an accumulation of droppings on the
property and surrounding properties;
(3)
Such feeding does not become an attractant for rodents or other wild
animals; and
(4)
Bird feeders are placed at least five feet above the ground.
C.
Enforcement. Each property owner shall have the duty to remove any
above-named materials or device placed on the owner's property
in violation of this chapter. Failure to remove such materials or
device or to make such modifications within 24 hours after notice
from the Borough shall constitute a separate violation of this chapter.
Ocean County Health Department Personnel, the Zoning Officer, the
Animal Control Officer, and all Police Officers of the Borough of
Bay Head are hereby given full power and authority to enforce this
chapter. No person shall hinder, molest, or interfere with anyone
authorized or empowered to perform any duty under this chapter.
D.
Penalties. Any person violating any provision of this chapter shall
be liable to a fine not less than $50 nor 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.
Any person who violates this article or fails
to comply with any of its requirements shall, upon conviction thereof,
be subject to the maximum fines and penalties established under N.J.S.A.
40:49-5 and as same may be amended from time to time. Each and every
day a violation of this article shall exist shall constitute a separate
violation.
