[Ord. No. HO2014-02]
It has been well established that the feeding of wild animals
and waterfowl is both detrimental to the animal and causes a public
health nuisance and safety hazard that is detrimental to the health,
safety and welfare of the public and the environment.
[Ord. No. HO2014-02]
As used in this Article, the following terms shall have the
meanings indicated:
Includes any animal, which is not normally domesticated in
this State, including but not limited to bears, coyotes, deer, foxes,
groundhogs, opossums, raccoons, skunks and waterfowl.
Any bird that frequents the water, or lives about rivers,
lakes, etc., on or near the sea; an aquatic fowl, including but not
limited to ducks, geese, swans, heron and egrets.
[Ord. No. HO2014-02]
a.
No person shall purposely or knowingly (as those 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 or waterfowl
in the Borough on lands either publicly or privately owned. This Article
shall not apply to the feeding of farm animals.
b.
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 or waterfowl.
c.
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 grills, pet food
or bird feeders.
d.
Nothing in this Article 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 N.J.S.A. 23:4-42.6; 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.
[Ord. No. HO2014-02]
Feeding of other songbirds and other backyard birds shall be
permitted outdoors at such times and in such numbers that:
a.
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,
b.
Such feeding does not create an accumulation of droppings on the
property and surrounding properties; and,
c.
Such feeding does not become an attractant to rodents or others wild
animals; and
d.
Bird feeders are placed at least five feet above the ground.
[Ord. No. HO2014-02]
a.
Each property owner shall have the duty to remove any above-named
materials or devices placed on the owner's property in violation of
this Article.
b.
Failure to remove such materials or devices or to make such modifications
within 24 hours after notice from the Borough shall constitute a separate
violation of this Article.
c.
Board of Health personnel, Animal Control Officers and/or all police
officers of the Borough of North Plainfield are hereby given full
power and authority to enforce this Article.
d.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this Article.
[Ord. No. HO2014-02; Ord. No. HO 2016-02 § 6]
Any person, firm or corporation who is found to be in violation of the provisions of this Article shall be subject to a minimum fine of $50 up to a fine not to exceed the maximum penalty stated in subsection 26-2.9 of the Borough Code, entitled Board of Health Violations and Penalties, per each offense or incident together with the costs of prosecution plus any reasonable additional charges incurred by the Borough. A separate offense or incident shall be deemed committed on each day during which a violation occurs or continues.[1]
[1]
Editor's Note: Penalties shall comply with N.J.S.A. 26:3-70
and N.J.S.A. 26:1A-10.
