[Adopted 1-28-2008 by Ord. No. 3-2008]
Except as provided in § 68-51 below, no person shall intentionally feed deer within the Township of Livingston.
A.
For the purposes of this article, "feeding" shall include the act
of placing or permitting to be placed on the ground, or within five
feet of the ground, any device or any fruits, grains, minerals, plants,
salt licks, vegetables, seeds, nuts, hay, or any other edible materials
that may reasonably be expected to result in deer feeding, unless
such items are screened or otherwise protected from deer consumption.
B.
The presumption that the placement of any fruits, grains, minerals,
plants, salt licks, vegetables, seeds, nuts, hay, or any other edible
materials is for the purpose of feeding deer shall not apply to the
following:
(1)
Naturally growing materials, including but not limited to fruit,
grain, nuts, seeds, hay and vegetables.
(2)
Planted materials growing in gardens, as standing crops, or in a
wildlife food plot.
(3)
Residue from lawns, gardens and other vegetable material maintained
as a mulch pile.
(4)
Stored crops, provided the crop is not intentionally made available
to deer.
(5)
Spills of seed materials intended for the planting or crop materials
that have been harvested if the spills are incidental to normal agricultural
operations and such materials are not intentionally made available
to deer.
(6)
Unmodified, commercially purchased bird or squirrel feeders or their
equivalent.
Each property owner shall have the duty to remove any device
or materials placed on the owner's property in violation of this
article. Alternatively, a property owner may modify such device or
make other changes to the property that prevent deer from having access
to the materials or feeding from the device. Failure to remove such
materials or to make such modifications within 24 hours after notice
from the Township shall constitute a separate violation.
A.
The prohibition in § 68-48 shall not apply to any Health Department employee, law enforcement officer or state or federal game official acting within the scope of his or her official duties, nor shall the prohibition in § 68-48 apply to feeding activities permitted by the New Jersey State Division of Wildlife hunting regulations when performed by an individual holding valid local and state deer hunting permits and in those areas where deer hunting is authorized.
Any person who violates any provision of this article shall, upon conviction therefor, be punishable by a fine as provided for in § 1-7, General penalty, of the Code of the Township of Livingston.
