This is an article prohibiting the feeding of
unconfined wildlife in any public park or on any other property owned
or operated by the Township of Montclair so as to protect public health,
safety and welfare and prescribing penalties for failure to comply.
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 this article clearly
demonstrates a different meaning:
FEED
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.
PERSON
Any individual, corporation, company, partnership, firm,
association or political subdivision of the State of New Jersey subject
to municipal jurisdiction.
WILDLIFE
All animals that are not domesticated.
No person shall feed in any public park or on
any other property owned or operated by the Township of Montclair
any wildlife, excluding confined wildlife (for example, wildlife confined
in zoos, parks or rehabilitation centers or unconfined wildlife at
environmental education centers or feral cats as part of an approved
Trap-Neuter-Release program).
This article shall be enforced by the Police
Department and/or other municipal officials of the Township of Montclair.
Any person found to be in violation of this ordinance shall be ordered
to cease the feeding immediately.
[Amended 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.