[Adopted 4-7-1997 by Ord. No. 1266-97]
This article is established to prevent any such
conduct that may attract and concentrate migratory and domestic waterfowl
to properties in the Township of Hamilton. 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.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
Nonnative ducks, geese and swans not retained in agricultural
operations.
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.
No person shall feed, cause to be fed or provide food
for domestic or migratory waterfowl on any public or private lands
in the Township of Hamilton.
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 Hamilton Environmental Officer or his or her designee and officers
of the Township of Hamilton Police Department.
A.
Any person violating any provision of this article
shall be first given a written warning which shall be filed with the
Township of Hamilton Environmental 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.
