[HISTORY: Adopted by the Board of Health as indicated in article histories. Amendments noted where applicable.]
Dogs, cats and other animals — See Ch. 52.
[Adopted 5-14-1992 by Ord. No. 92-1; amended in its entirety 9-24-2019 by Ord. No. 2019-025]
For purposes 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.
- MIGRATORY WATERFOWL
- Includes those species of birds commonly known as "swans," "geese" and "ducks" and any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife Services.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- White-tailed deer (Obocoileus Virginianus).
- All animals neither human nor domesticated, including but not limited to, deer, raccoons, pigeons, skunk, and groundhogs.
It shall be unlawful to:
Feed any migratory waterfowl, wildlife, wild or stray animals on public or private property in the Borough of Park Ridge.
Create any condition which results in a congregation of migratory waterfowl, wildlife, wild or stray animals on public or private property which:
Results in an accumulation of feces or droppings;
Results in damages to flora, fauna, or public property or safety or welfare;
Results in a threat or nuisance to the public health, safety or welfare; or
Results in a threat to the health, safety, or welfare of said migratory waterfowl or wildlife.
No person shall feed, in any public park or on any other property owned or operated by the Borough of Park Ridge, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers), including but not limited to:
Giving, placing, exposing, depositing, distributing or scattering 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.
When so directed by the Health Officer, and at the property owner's expense, signs not less than 18 inches by 24 inches in size, bearing the words "Feeding of Waterfowl and Wildlife Prohibited," together with any qualifications, shall be conspicuously pasted by the owner of the property. This article shall not pertain to residential properties.
Defacing, tampering with or damaging such signs when posted shall constitute a violation of this article.
This article shall be enforced by the Health Department and Police Department through the Borough of Park Ridge.
Whenever the Health Officer or police become aware that migratory waterfowl, wildlife, wild or stray animals are being fed in violation of this article, they may issue a summons which shall be answerable before the Municipal Magistrate.
Whenever the Health Officer becomes aware that a congregation or congestion of migratory waterfowl, wildlife, wild or stray animals exists on public property, he or it may direct the Police Department to disburse or remove them by any lawful means. However, before such dispersal or removal takes place, the Police Department shall receive direct authorization from the Borough Administrator or the Mayor and Council and, with his or its advice and consent, determine the appropriate method, considering first the health, safety and welfare of the citizens of Park Ridge and second, the health, safety and welfare of the migratory waterfowl, wildlife, wild or stray animals.
Whenever the Health Officer in his or its sound discretion determines that waterfowl, wildlife, wild or stray animals shall be dispersed by scare tactics or noise tactics, they may enlist the assistance for the implementation of the plan from the Police Department and/or Public Works Department or from any responsible citizen or citizens. This subsection shall not be construed to authorize any private citizen to discharge any firearm or to use any device which launches a projectile of any type. It shall be used in a reasonable way respecting the rights of surrounding houses from excessive noise level.
The Health Officer shall apply for and secure all permits necessary by law before dispersing or removing migratory waterfowl, wildlife, wild or stray animals.
Any person who is found guilty of violating any section of this article shall be punished by a fine of up to $1,000 and/or 90 days' imprisonment, to be determined at the discretion of the Municipal Court.
Nothing in this article shall be construed to prohibit property owners from maintaining enclosed, elevated bird feeders which do not create a public health risk or unsanitary conditions.