Borough of Netcong, NJ Article II Wildlife Feeding

[Added 5-11-2006 by Ord. No. 2006-11[1]; amended 9-12-2013 by Ord. No. 2013-10]

[1] Editor's Note: This ordinance also repealed former Art. II, Migratory Waterfowl, adopted 10-11-1988.

§ 105-26 Purpose.

The purpose of this article is to prohibit the feeding of unconfined wildlife in the Borough of Netcong, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

§ 105-27 Definitions.

A. 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 article 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.

B. As used in this article, the following terms shall have the meanings indicated:

FEED

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 feral cats under an approved program, fish and/or game.

PERSON

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

STRAY ANIMAL

Includes any dog or cat that is not licensed to a Netcong resident, pursuant to the Code of the Borough of Netcong, and kept and maintained on the resident's property.

WILDLIFE

All animals that are neither human nor domesticated and shall include but not be limited to pigeons, waterfowl, raccoons, skunks or groundhogs.

§ 105-28 Prohibited conduct.

A. No person shall place food intended or suitable for consumption by wildlife or stray animals on any property, public or private, in the Borough of Netcong.

B. This prohibition shall not apply to enclosed, elevated bird feeders.

§ 105-29 Enforcement; violations and penalties.

A. This article shall be enforced by the Police Department of the Borough of Netcong.

B. Any person found to be in violation of this article shall be ordered to cease the feeding immediately.

C. Any person that shall violate any of the provisions of this article shall, upon conviction thereof, for each offense, pay a penalty of not less than $250 nor more than $500 for the first offense and a penalty of not less than $1,000 nor more than $1,500 for second and subsequent offenses, or imprisonment or community service for a period not exceeding 90 days.