An article to prohibit the feeding of unconfined wildlife in
any public park or on any other property owned or operated by Borough
of Roselle, so as to protect public health, safety and welfare, and
to prescribe penalties for failure to comply.
[Amended 12-29-2016 by Ord. No. 2553-16]
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.
FEED
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife or stray animals. "Feeding" does not include baiting in the
legal taking of fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm,
association or political subdivision of the state subject to municipal
jurisdiction.
SONGBIRD
A bird having a melodious song or call; includes but is not
limited to crows, finches, robins, sparrows and swallows.
WILDLIFE
All animals that are neither human or domesticated and shall
include but not be limited to pigeons, waterfowl, feral cats, raccoons,
skunks or groundhogs.
[Amended 12-29-2016 by Ord. No. 2553-16]
A. No person shall feed any wildlife or domestic stray animals on any
property, public or private, within the Borough of Roselle.
B. This prohibition shall not include the feeding of songbirds, provided
such feeding complies with the following:
(1) Feeding of songbirds is permitted outdoors at such times and in such
manner that:
(a)
Such feeding does not create an unreasonable disturbance that
affects the right of surrounding property owners and/or renders other
persons unsecure in the use of their property.
(b)
Does not create an accumulation of dropping on the property
and/or surrounding properties.
(c)
Does not become an attractant for rodents and other wild animals.
(d)
Bird feeders shall be enclosed and placed at least four feet
above the ground in a wildlife-deterring manner.
Any person who violates or refuses to comply with the provisions
of this article shall, upon conviction thereof, be subject to a fine
of not more than $1,000 or to imprisonment in the county jail for
not more-than 90 days, or both, but in no event less than $50 for
the first offense, $100 for the second and $750 for a third or subsequent
offense.