[Amended 8-1-2022 by Ord. No. 22-09]
A.
The purpose
of this article is to prohibit the feeding of unconfined wild animals
or stray animals in or on any public or private property within the
Township of Clark so as to protect public health, safety and welfare
and to prescribe penalties for failure to comply.
B.
Findings.
It has been well established that the feeding of wild animals and
waterfowl is both detrimental to the animals and causes a public health
nuisance and safety hazard that is detrimental to the health and general
welfare of the public.
C.
COMMUNITY CAT
FEED
FERAL CAT
PERSON
STRAY ANIMAL
WILD ANIMAL
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 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.
Any free -roaming, feral or barn cat that may be cared for
by one or more residents of the immediate area and which has no discernible
form of ownership identification.
[Added 9-19-2022 by Ord. No. 22-14]
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wild or stray animals, including, but not limited to, purposely or
knowingly leaving or storing any refuse, garbage, food product, pet
food, forage product or supplement, salt, seed or bird seeds, fruit,
or grain in a manner that would constitute an attractant to any wild
animal or waterfowl. Feeding does not include baiting in the legal
taking of fish or game.
A cat that is:
[Added 9-19-2022 by Ord. No. 22-14]
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Includes any dog or cat that is not licensed to a Township
of Clark resident pursuant to the Code of the Township of Clark and
kept and maintained on the resident's property. The definition of
"stray animal" will not include "community cat(s)."
[Amended 9-19-2022 by Ord. No. 22-14]
Any animal which is not normally domesticated in this state,
including but not limited to deer, fox, raccoons, opossum, groundhogs,
rabbits, hare, squirrels, chipmunks, skunks, mice, rats, bats, and
waterfowl. "Wild animal" shall not include stray animals, birds other
than waterfowl, or fish. "Deer" means a ruminant animal having deciduous
antler, or antlers, usually in a male only.
A.
The keeping,
maintenance, or feeding of wild animals is prohibited. The maintenance
or feeding of privately owned cats or dogs in such a manner as to
create unsanitary conditions, attract vermin, or be potentially detrimental
to health or create a public health nuisance is hereby prohibited.
No person shall feed on any public or private property on or in the
Township of Clark any wild animal or stray animal, excluding community
cat(s) or wild animals which are confined lawfully for commercial
or scientific purposes (for example, wild animals confined in zoos,
enclosures at a municipally licensed circus or other exhibitions,
or rehabilitation centers, or wild animals at research facilities,
environmental education centers, or farm animals).
[Amended 9-19-2022 by Ord. No. 22-14]
B.
No person shall feed on any public or private property any wild animal as described and set forth Subsection A of this section.
C.
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.
D.
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 sources or attractants after being directed by the Township 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 trash, grills,
pet food.
E.
Feeding
of birds shall be permitted outdoors at such times and in such numbers
that:
(1)
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;
(2)
Such
feeding does not create an accumulation of droppings on the property
and surrounding properties;
(3)
Such
feeding does not become an attractant for rodents or other wild animals;
and
(4)
Bird
feeders are placed at least four feet above the ground.
The Township of Clark Health Department and the Police Department
are each given full power and authority to enforce this article. Any
other person may also enforce this article by filing a complaint with
the Township Health Department. Any person found to be in violation
of this article shall be ordered to cease the feeding immediately.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to the following penalties:
A.
First
offense. For a violation of a provision of this article, the violator
of said provision will be issued a written warning.
B.
Second
offense. Subsequent to the issuance of a written warning, for a violation
of a provision of this article, the violator of said provision will
be issued a summons and subject to a fine not less than $100 nor more
than $500 and/or to a period of community service not to exceed 30
days.
C.
Third
and subsequent offense(s). For any subsequent violation of the provisions
of this article, the violator of said provision will be issued a summons
and subject to a fine not less than $100 nor more than $1,000 and/or
to a period of community service not to exceed 90 days.
D.
Failure
to remove such materials or device or to make such modifications within
24 hours after notice from the Township shall constitute a separate
violation of this article.
