[Adopted by Ord. No. 1999-18 (Sec. 4-28 of the 1974 Code)
It has been determined that the presence of
large numbers of migratory and wild waterfowl on or around ponds,
lakes and the beachfront within the Borough of Bradley Beach and on
all other property in the Borough of Bradley Beach creates a public
health nuisance due to the accumulation of droppings in and around
said ponds, lakes and the beachfront, which is inimical to the health
and general welfare of the public. The purpose of this article is
to prevent such conduct that may attract such migratory and wild waterfowl
to the properties within the Borough.
[Amended by Ord. No. 2001-10; Ord. No. 2003-08]
As used in this article, the following terms
shall have the meanings indicated:
Includes those species of birds commonly known as "swans,"
"geese," "brant," "seagulls," "river and sea ducks" and any other
waterfowl which does not generally follow a seasonal migration pattern
but is indigenous to New Jersey.
Includes those nondomesticated species of birds commonly
known as "swans," "geese," "brant," "seagulls," "river and sea ducks"
and any other waterfowl that generally follow a seasonal migration
pattern.
[Amended by Ord. No. 2001-10; Ord. No. 2003-08]
No person or persons shall feed, cause to be
fed or provide food for migratory, wild or domestic waterfowl within
the Borough of Bradley Beach on lands either publicly or privately
owned.
[Amended by Ord. No. 2001-10; Ord. No. 2003-08]
Notwithstanding the prohibitions referenced
in this article, the following exceptions shall exist:
A.
The Fletcher Lake Commission and the Sylvan Lake Commission,
appointed by the Mayor and Council, shall have the right and sole
discretion to properly relocate domesticated waterfowl to a habitat
that is most suitable to the waterfowl.
No person or persons shall create or foster
any condition to exist or continue which results in a congregation
or congestion of migratory or wild waterfowl or in an accumulation
of waterfowl feces or droppings on private or public property within
the Borough of Bradley Beach creating a public health nuisance or
in any manner threatening the health, safety and welfare of the public
and/or the waterfowl.
The Police Department, Code Enforcement Officer
and the County Board of Health are hereby authorized and directed
to enforce the provisions of this article.
