[Ord. No. 16-09]
A.
No person shall feed, or place food for the purpose of feeding any
wild animal.
B.
As used in this section, the term "wild animal" shall be defined
to mean any mammal or water fowl that is not secured on the property
of a private residence and which is free to roam public and quasi-public
property as a result thereof.
C.
As used in this section, the term "water fowl" shall be defined to
mean any member of the species of birds commonly known as swans, geese,
and sea ducks, seagulls and any other water fowl falling under the
jurisdiction of the Department of Fish, Game and Wildlife of the State
of New Jersey, or as otherwise defined under applicable State Statute
or State Administrative Regulations.
[New]
A.
Purpose. The purpose of this section is to prohibit the feeding of
unconfined wildlife in any public park or any other property owned
or operated by the Borough of North Caldwell so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
B.
Definitions. As used in this section:
(1)
FEED - Shall mean 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 on legal taking
of fish and/or game.
(2)
PERSON - Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
(3)
WILDLIFE - Shall mean all animals that are neither human nor domesticates,
including all feral animals.
(4)
BIRD - Shall mean a warm-blooded egg-laying vertebrate characterized
by feather and forelimbs modified as wings.
(5)
BIRDFEEDER shall mean any outdoor container for birdfeed, or any
item construed as birdfeed, used to attract wild birds.
C.
Prohibited conduct.
(1)
No person shall purposely or knowingly, with an intent to provide
such food, feed, bait, or in any manner provide access to food, to
any wildlife on lands either publicly or privately owned, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers, or feral cats as part of an approved Trap-Neuter-Release
program).
(2)
No person shall purposely or knowingly leave or store any refuse,
garbage, food product, pet food, salt, seed, birdseed, fruit or grain
in a manner that would constitute an attractant to any wildlife.
(3)
Nothing herein shall be construed to prohibit the feeding of wild
birds using birdfeeders, provided such feeding does not create an
unreasonable interference to surrounding property owners or become
an attractant for rodents or other wildlife. Birdfeeders shall be
placed at least five feet above the ground and the areas in and around
any birdfeeder shall be kept free and clear of birdfeed, or any item
construed as birdfeed.
