[Adopted 3-23-2006 by Ord. No. 2006-09; amended in its entirety 6-25-2015 by Ord. No. 2015-7]
The purpose of this article is to prohibit the feeding of unconfined
wildlife in the Borough of Wallington, so as to protect the health,
safety and welfare, and to prescribe penalties for failure to comply.
It has been well established that the feeding of wild animals is both
detrimental to the animals and causes a public health nuisance and
safety hazard that is detrimental to the health and welfare of the
general public.
A.
For the purpose of this article, the following terms, phrases, words
and their deviations shall have the meaning stated herein unless their
use in the text of this section clearly demonstrates a different meaning.
When not inconsistent with the context, the words used in the present
tense include the future, words used in 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.
B.
FEED
PERSON
STRAY ANIMAL
WILD ANIMALS
WILDLIFE
As used in this article, the following terms shall have the meanings
indicated:
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.
Includes any dog or cat that is not licensed to a Wallington
resident pursuant to the Code of the Borough of Wallington, and kept
and maintained on the resident's property.
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 and any domesticated
unlicensed animal, including but not limited to stray cats and dogs.
All animals that are neither human nor domesticated and shall
include but not be limited to pigeons, waterfowl, raccoons, skunks
or groundhogs.
A.
Feeding of songbirds and other backyard birds shall be permitted
at such times and upon such conditions so that the feeding:
(1)
Does not create an unreasonable disturbance that affects the rights
of surrounding property owners or render other persons insecure in
the use of their property.
(2)
Does not create an accumulation of droppings on the property or surrounding
properties.
(3)
Does not become an attractant for rodents or other wild animals.
B.
Each property owner shall be permitted to have one bird feeder for
every 7,500 square feet of lot area, not closer than five feet from
any property line.
(1)
(2)
Suet. Suet is a formulation of animal fat and other ingredients in
cake or brick form. Suet shall be placed in either mesh bag or wire
cage and suspended or mounted no less than four feet and no more than
eight feet from the ground.
(3)
No bird seed or any form of bird food shall be thrown or scattered
on the ground of any property. No suet shall be smeared on any tree.
Any person that shall violate any of the provisions of this
article shall, upon conviction thereof, for each offense, pay a penalty
of not less than $250 nor more than $500 for the first offense and
a penalty of not less than $1,000 nor more than $1,500 for second
and subsequent offenses, or imprisonment or community service for
a period not exceeding 90 days.
Each subsection, sentence, clause and phrase of this article
is declared to be an independent subsection, sentence, clause and
phrase, and the finding or holding of any such portion of this article
to be unconstitutional, void or ineffective for any cause or reason,
shall not affect any other portion of this article.
