[HISTORY: Adopted by the Borough Council of the Borough of Florham
Park 4-26-2005 by Ord. No. 10-05. Amendments
noted where applicable.]
GENERAL REFERENCES
Feeding of and playing with stray dogs and cats — See Ch. 262.
It has been well established that the feeding of wild animals and waterfowl
is both detrimental to the animal and causes a public health nuisance and
safety hazard that is detrimental to the health and general welfare of the
public.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any animal, which is not normally domesticated in this state,
including but not limited to bears, coyotes, deer, foxes, groundhogs, oppossums,
raccoons, skunks, and waterfowl.
Any bird that frequents the water, or lives about rivers, lakes,
etc., on or near the sea; an aquatic fowl, including but not limited to ducks,
geese, swans, heron and egrets.
A.
No person shall purposely or knowingly, as said terms
are defined in Title 2C of the New Jersey Revised Statutes, feed, bait or
in any manner provide access to food to any wild animal or waterfowl in said
Borough on lands either publicly or privately owned. This section shall not
apply to the feeding of farm animals.
B.
No person shall purposely or knowingly leave or store
any refuse, garbage, food product, pet food, forage product or supplement,
salt, seed or birdseed, fruit or grain in a manner that would constitute an
attractant to any wild animal or waterfowl.
C.
No person shall fail to take remedial action to avoid
contact or conflict with wild animals, which may include the securing or removal
of outdoor trash, cooking grills, pet food, bird feeders or any other similar
food source or attractant after being advised by the Borough to undertake
such remedial action. Further, after an initial contact or conflict with a
wild animal, no person shall continue to provide, or otherwise fail to secure
or remove, any likely food sources, or attractants, including but not limited
to outdoor grills, pet food or bird feeders.
D.
Nothing in this section shall apply to:
(1)
Any agent to the Borough authorized to implement an alternative
control method set forth in any approved community-based deer management plan
and possessing a special deer management permit issued by the New Jersey Division
of Fish and Wildlife in accordance with the provisions of P.L. 2000, c.46;[1] or
[1]
Editor's Note: See N.J.S.A. 23:4-42.6.
(2)
Any hunter engaging in baiting for the purpose of hunting
pursuant to a valid hunting license issued in accordance with the provisions
of Title 23 of the New Jersey Revised Statutes.
Feeding of other songbirds and other backyard birds shall be permitted
outdoors at such times and in such numbers that:
A.
Such feeding does not create an unreasonable disturbance
that affects the rights of surrounding property owners and renders other persons
insecure in the use of their property; and
B.
Such feeding does not create an accumulation of droppings
on the property and surrounding properties; and
C.
Such feeding does not become an attractant to rodents
or others wild animals; and
D.
Bird feeders are placed at least five feet above the
ground.
A.
Each property owner shall have the duty to remove any
above-named materials or devices placed on the owner's property in violation
of this chapter.
B.
Failure to remove such materials or devices or to make
such modifications within 24 hours after notice from the Borough shall constitute
a separate violation of this chapter.
C.
Health Department personnel, animal control officers
and all police officers of the Borough of Florham Park are hereby given full
power and authority to enforce this chapter.
D.
No person shall hinder, molest or interfere with anyone
authorized or empowered to perform any duty under this chapter.
Any person violating any provision of this chapter shall be liable to
a fine of not less than $50 or more than $500 for each offense, together with
the costs of prosecution plus any additional fees charged by the Animal Control
Officer. A separate offense shall be deemed committed on each day during which
a violation occurs or continues.
