[HISTORY: Adopted by the Mayor and the Council of the Borough of
Lavallette 8-22-2005 by Ord. No. 2005-17 (981).
Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 6.
The purpose of this chapter is to prohibit the feeding of unconfined
wildlife in any public park, beach, place or resort or on any other property
owned or operated by the Borough of Lavallette, so as to protect public health,
safety and welfare, and to prescribe penalties for failure to comply.
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless their use
in the text of this chapter 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.
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, beach, place of resort or
on any other property owned or operated by the Borough of Lavallette, any
wildlife, excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation centers, or unconfined wildlife at environmental education
centers).
A.
Any person violating or failing to comply with any other
provision of this chapter shall, upon conviction thereof, be punished by a
fine of no less than $100 and no more than $1,000, by imprisonment not to
exceed 90 days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
