[Adopted 10-2-2023 by Ord. No. 971-2023]
The purpose of this article is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Milford, to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
For this article, the following terms, phrases, words, and their
derivations shall have the meanings stated herein unless their use
in the text of this 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
discretionary.
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 in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Milford, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental educational
centers, or feral cats as part of an approved trap-neuter-release
program).
A.
Any person who violates the terms of this article after having been
notified shall pay a fine of not less than $1,500 but no more than
$7,500 plus court costs. This article shall be enforced by the Borough's
Zoning Officer, the Borough's Sewer Administrator, or other Borough
personnel as may be assigned by resolution of the Milford Borough
Common Council.
B.
Any person found to be in violation of this article shall immediately
cease any prohibited feeding.
All ordinances or parts of ordinances in conflict or inconsistent
with any part of this article are hereby repealed to the extent that
they are in conflict or inconsistent.
If any section, provision, or part of provision of this article
shall be held to be unenforceable or invalid by any court, such holding
shall not affect the validity of this article, or any part thereof,
other than the part so held unenforceable or invalid.
This article shall take effect after passage and publication
in the manner provided by law.
