[Adopted 4-7-2005 by Ord. No. 2005-6]
An article to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Berlin, so as to protect public health, safety and
welfare, and to prescribe 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 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 not domesticated.
No person shall feed, in any public park or
on any public street or any other property owned or operated by the
Borough of Berlin, any wildlife, excluding confined wildlife, such
as wildlife confined in rehabilitation centers or environmental education
centers.
This article shall be enforced by the Police
Department and/or other municipal officials of the Borough of Berlin.
Any person, entity or corporation who shall
violate any of the provisions of this article shall, upon conviction
thereof, before the Municipal Court of the Borough of Berlin, be subject
to a fine not exceeding $500 or imprisonment in the county jail for
a term not exceeding 90 days, or both, in the discretion of the Municipal
Court Judge before whom such defendant shall be convicted. A separate
offense may be deemed committed on each day that a violation occurs
or continues.
