The Council of the Borough of Wilkinsburg finds that the feeding
of unconfined wild animals is detrimental to the animals, causes a
public health nuisance, and a safety hazard that is detrimental to
the general health, safety, and general welfare of the public.
As used in this article, the following terms shall have the
meaning indicated:
FEED or FEEDING
The act of furnishing, exposing, placing, depositing, distributing
or scattering, whether intentionally or negligently, any food or substance
of any kind which is likely to attract, lure, or entice wild animals.
PERSON
Any individual, owner, occupier, corporation, company, partnership,
firm, association, club, society, or any other form of association
or organization subject to the jurisdiction of the Borough of Wilkinsburg.
WILD ANIMAL
Any species of animal wild by nature, as distinguished from
the common domesticated animals. A wild animal is one that can survive
in its natural environment without the help or assistance of humans,
including but not limited to raccoons, bears, coyotes, deer, foxes,
groundhogs, opossums, skunks, and waterfowl.
It shall be unlawful for any person, or any agent thereof, to
feed wild animals upon public property or private property. It shall
further be unlawful to authorize or aid or abet any other person to
feed wild animals upon public or private property.
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 the 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 fines
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 or for each section of this article found to have
been violated. The Borough may also commence appropriate actions in
equity or other to prevent, restrain, correct, enjoin or abate violations
of this article. All fines and penalties collected for violation of
this article shall be paid to the Borough Secretary.
If any provision of this article or the application thereof
to any person or circumstances is held invalid, such holding shall
not affect the other provisions or applications of this article which
can be given effect without the invalid provision or application,
and to this end, the provisions of this article are declared severable.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed to the extent of such inconsistency.
This article shall become immediately effective upon the date
of execution.