[Adopted by Ord. No. 94-218 (Sec. 3-3 of the 1996 Revised General
Ordinances); amended in its entirety 6-23-2009 by Ord. No. 09-009]
The purpose of this article is to prevent any such conduct that
may attract and concentrate migratory and domestic waterfowl to properties
in the Township of Manchester. Large numbers of waterfowl in specific
areas can cause a public health nuisance by fouling water supplies,
beaches and swimming facilities. Additionally, the presence of large
numbers of waterfowl may cause property damage to residential lawns
and landscaping and generally create a public nuisance and health
hazard.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein:
The act of furnishing of food or other substance which is
essential for the growth or maintenance of waterfowl.
Ducks, geese and swans native to North America.
A general term referring to all undomesticated birds commonly
known as "geese," "ducks," "brants," "swans," "river and sea ducks,"
"sea gulls" and similar species.
A.
No person shall feed, cause to be fed or provide food for domestic
or migratory waterfowl on any public lands in the Township of Manchester.
B.
It shall be unlawful to cause or allow any condition to exist or
continue which would result in a congregation or congestion of said
waterfowl which:
(1)
Results in accumulation of droppings from waterfowl;
(2)
Results in damage to any public or private property, including lawns,
shrubs, gardens or any other private or public property;
(3)
Results in a threat to the safety, health or welfare of the public;
or
(4)
Results in a threat to the safety, health or welfare of the domestic
or migratory waterfowl.
This article shall not be construed to prohibit feeding of domestic
ducks or geese retained in an agricultural capacity nor shall it be
construed to prohibit feeding of waterfowl as directed by the Department
of Environmental Protection's (DEP) Department of Fish, Game and Wildlife
or other appropriate agencies under extreme emergency circumstances
involving substantial numbers of starving birds.
This article shall be enforced by the Township of Manchester
Code Enforcement Officer or his or her designee and officers of the
Township of Manchester Police Department.
A.
Any person violating any provision of this article may be first given
a written warning which shall be filed with the Township of Manchester
Code Enforcement Office.
B.
Subsequent violations of this article shall be punishable by a fine
of not less than $50 nor more than $500 for each violation.
C.
If the violation is of a continuing nature, each day during which
it continues constitutes a separate and distinct offense hereunder.
