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 the 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.
FEED
To place, give, expose, deposit, distribute, or scatter any
edible material with the intention of feeding, attracting, or enticing
a bird as mentioned above.
PERSON
Any individual, corporation, company, firm, partnership,
association, or political subdivision of the state subject to municipal
jurisdiction.
In the City of Garfield, no person, while in any public park
or on any other property owned or operated by the City of Garfield,
shall attract or feed or attempt to attract or feed waterfowl, songbirds,
pigeons and other backyard birds which are not the person's personal
property by placing, throwing, or providing by any means food for
said birds.
The feeding of waterfowl, songbirds, pigeons and other backyard
birds shall be permitted outdoors on private property only if:
A. Such feeding does not create an unreasonable disturbance that intrudes
on the rights of surrounding property owners and renders others insecure
in the use of their property;
B. The feeding does not create an accumulation of droppings on the feeder's
property or on the neighboring properties;
C. The property does not become an attractant for rodents or other wild
animals;
D. All birdfeeders are placed at least five feet above the ground; and
E. The birdfeeder's capacity for seed is no more than five pounds.
Any person who violates a provision of this article shall be
liable to a fine of no less than $50 and no more than $500 for the
first offense, together with the cost of prosecution. A second offense
shall make a person liable for a fine of no less than $100 and no
more than $1,000. Any subsequent offenses shall make a person liable
for a fine of no less than $250 and no more than $2,000. A separate
offense will be deemed committed on each day or part of each day during
which a violation occurs or continues.