[Adopted 10-17-2005 by Ord. No. 2005-16; amended in its entirety 2-4-2013 by Ord. No. 2013-2]
The purpose of this article is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Metuchen, so as to protect public health, safety
and welfare, and to prescribe penalties for failure to comply. In
addition, 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 general welfare
of the public.
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 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/or
dogs.
All animals that are neither human nor domesticated.
A.
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Metuchen, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
B.
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 in said Borough,
on lands either publicly or privately owned. This section shall not
apply to the feeding of farm animals.
C.
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.
D.
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.
E.
Nothing in this section shall apply to:
(1)
Any agent of the Borough authorized to implement an alternative control
method set forth in any approved community-based deer management plan
and possessing a special deer management permit issued by the New
Jersey Division of Fish and Wildlife in accordance with the provisions
of P.L. 2000, c. 46; or
(2)
Any hunter engaging in baiting for the purpose of hunting pursuant
to a valid hunting license issued in accordance with the provisions
of Title 23 of the New Jersey Revised Statutes.
A.
Feeding of 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; and
(2)
Does not create an accumulation of droppings on the property
and surrounding properties; and
(3)
Does not become an attractant for rodents or other wild animals,
and
(4)
Bird feeders are placed at least five feet above the ground.
A.
This article shall be enforced by the Health Officer of the Borough
of Metuchen.
B.
Any person found to be in violation of this article shall be ordered
to cease the feeding immediately.
C.
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 article.
D.
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 article.
E.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $1,000.
