City of Hackensack, NJ Article IX Feeding of Birds

[Adopted 9-19-2005 by Ord. No. 22-2005]

§ 52-47 Definitions.

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 the 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.

FEED

To place, give, expose, deposit, distribute, or scatter any edible material with the intention of feeding, attracting, or enticing a bird as mentioned above.

PERSON

Any individual, corporation, company, firm, partnership, association, or political subdivision of the state subject to municipal jurisdiction.

§ 52-48 Prohibited conduct on public property.

In the City of Hackensack, no person, while in any public park or on any other property owned or operated by the City of Hackensack, shall attract or feed or attempt to attract or feed waterfowl, songbirds, pigeons and other backyard birds which are not the person's personal property by placing, throwing, or providing by any means food for said birds.

§ 52-49 Prohibited conduct on private property.

The feeding of waterfowl, songbirds, pigeons and other backyard birds shall be permitted outdoors on private property only if:

A. Such feeding does not create an unreasonable disturbance that intrudes on the rights of surrounding property owners and renders others insecure in the use of their property;

B. The feeding does not create an accumulation of droppings on the feeder's property or on the neighboring properties;

C. The property does not become an attractant for rodents or other wild animals;

D. All birdfeeders are placed at least five feet above the ground; and

E. The birdfeeder's capacity for seed is no more than five pounds.

§ 52-50 Enforcement.

A. Every property owner shall have the duty to remove any named materials placed on the owner's property that is in violation of this article.

B. Failure to remove such materials or to make such modifications within 24 hours after notice from the City shall constitute a violation of this article.

C. The Health Department, animal control officers and all police officers of the City of Hackensack are hereby given full power and authority to enforce this article.

§ 52-51 Violations and penalties.

Any person who violates a provision of this article shall be liable to a fine of no less than $50 and no more than $1,000 for the first offense, together with the cost of prosecution. A second offense shall make a person liable for a fine of no less than $100 and no more than $2,000. Any subsequent offenses shall make a person liable for a fine of no less than $250 and no more than $5,000. A separate offense will be deemed committed on each day or part of each day during which a violation occurs or continues.