[Adopted 9-12-2005 by Ord. No. 973; amended
in its entirety 9-19-2022 by Ord. No. 1443]
It has been well established that the feeding
of wild animals and waterfowl 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.
As used in this article, the following terms
shall have the meanings indicated:
Any bird that frequents the water, or lives about rivers,
lakes, etc., or on or near the sea; an aquatic fowl, including, but
not limited to, ducks, geese, swans, heron, egrets.
Includes 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.
A.
Prohibited
actions.
(1)
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 or waterfowl in said
Township on lands either publicly or privately owned. This section
shall not apply to the feeding of farm animals.
(2)
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.
(3)
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 Township 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.
B.
Feeding
of other 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;
(2)
Does
not create an accumulation of droppings on the property and surrounding
properties;
(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.
C.
Nothing
in this section shall apply to any agent of the Township 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. 23:4-42.3 et seq. or
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.
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.
B.
Failure to remove such materials or device or to make
such modifications within 24 hours after notice from the Township
shall constitute a separate violation of this article.
C.
Health
Department personnel, animal control officers and all police officers
of the Township 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.
Any person violating any provision of this article
shall be liable to a fine of not less than $50 nor more than $500
for each offense, together with the costs of prosecution. A separate
offense shall be deemed committed on each day during which a violation
occurs or continues.
