[Ord. #92-Code-58, § 1]
No person shall attract or feed, cause to be fed, or provide
food for pigeons which are not owned by said person, on lands either
publicly or privately owned.
[Ord. #92-Code-58, § 2]
Any person who shall violate the terms of this section shall,
upon conviction, be subject to a fine of not less than $25 or more
than $200.
[Ord. #99-Code-66, § 1]
No person shall attract or feed, cause to be fed, or provide
food for stray cats (felines) which are not owned by said person,
on lands either publicly or privately owned.
[Ord. #99-Code-66, § 2]
Any person who shall violate the terms of this section shall,
upon conviction, be subject to a fine of not less than $25 or more
than $200.
[Ord. No. BH 15-Code-91 § 1]
The feeding of white-tailed deer and other wildlife is both
detrimental to the animals and causes a public health nuisance and
safety hazard detrimental to the health and general welfare of the
public. Of special concern to public health is that deer carry ticks
that carry Lyme Disease, a physically and neurologically debilitating
disease.
[Ord. No. BH 15-Code-91 § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section 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.
Shall mean white-tailed deer (Odocoileus Virginianus).
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing deer.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean (i) Purposely. A person acts purposely with respect
to the nature of his conduct or a result thereof if it is his conscious
object to engage in conduct of that nature or to cause such a result.
A person acts purposely with respect to attendant circumstances if
he is aware of the existence of such circumstances or he believes
or hopes that they exist. "With purpose," "designed," "with design"
or equivalent terms have the same meaning; or (ii) Knowingly. A person
acts knowingly with respect to the nature of his conduct or the attendant
circumstances if he is aware that his conduct is of that nature, or
that such circumstances exist, or he is aware of a high probability
of their existence. A person acts knowingly with respect to a result
of his conduct if he is aware that it is practically certain that
his conduct will cause such a result.
[Ord. No. BH15-Code-91 § 3]
No person shall purposely or knowingly feed deer in the Borough
of Oakland, on lands either publicly or privately owned. It shall
be presumed that the person is purposely or knowingly feeding deer
unless the feed is placed on a platform or in a container that is
raised at least six feet off the ground with a food/seed catching
device attached to collect food/seed scattered by birds, or is placed
in a feeder whose opening is sufficiently restricted so as to prevent
deer from accessing the feed. Nothing in this section shall apply
to (a) 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; (b) 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; (c) the feeding of farm animals; or (d)
the feeding of songbirds and other backyard birds provided the bird
feeder is no less than six feet above ground level with a seed catching
device attached to it so as to curtail the scattering of seed or other
bird food on the ground, making it accessible to deer or other wildlife.
[Ord. No. BH15-Code-91 § 4]
a.
Each property owner shall have the duty to remove any feed material
or feeding device placed on the owner's property in violation of this
Ordinance.
b.
Failure to remove such materials or device within 24 hours after
notice from the Borough of Oakland shall constitute a separate violation
of this section.
c.
Health Department personnel, Animal Control Officers and all Police
Officers of the Borough of Oakland are hereby given full power and
authority to enforce this ordinance.
d.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under or enforcement of this section.
[Ord. No. BH 15-Code-91
§ 5]
Any person who continues to be in violation of the provisions
of this section, after being duly notified, shall be subject to a
fine of not less than $100 or more than $500 for each offense, together
with the costs of prosecution. A separate offense shall be deemed
committed on each day or part of each day during which a violation
occurs or continues.
