[Adopted 9-23-1996 by Ord. No. 1996-615]
It has been determined that the presence of large numbers of
migratory waterfowl on and around ponds and lakes in the Borough of
Spotswood creates a public health nuisance due to the accumulation
of droppings in and around said lakes and ponds, including the surrounding
beaches and properties, which is inimical to the health and general
welfare of the public. The purpose of these provisions is to prevent
such conduct that may attract such waterfowl to properties in the
Borough.
[Amended 4-3-2006 by Ord. No. 2006-04]
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.
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
fish and/or game.
Includes those nondomesticated species of birds commonly
known as "swans," "geese," "brant," "river and sea ducks" and any
other waterfowl that generally follow a seasonal migration pattern.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
No person or persons shall feed, cause to be fed or provide
food for migratory waterfowl in the Borough of Spotswood on lands
either publicly or privately owned.
This article shall not be construed to prohibit humane acts
toward migratory waterfowl in individual cases, such as the temporary
nurturing of a wounded bird on one's own premises.
[Amended 4-3-2006 by Ord. No. 2006-04]
A.
No person or persons shall create or foster any condition or allow
any condition to exist or continue which results in a congregation
or congestion of migratory waterfowl or in any accumulation of waterfowl
feces or droppings or in damage to flora, fauna or private or public
property or in a public health nuisance or in a threat to the health,
safety and welfare of the public or the waterfowl.
B.
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Spotswood, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers or unconfined wildlife at environmental education
centers, or feral cats as part of an approved trap-neuter-release
program).
The Police Department and the Board of Health are hereby authorized
and directed to enforce the provisions of this article.
Any person observed violating this article for the first time shall be issued a written warning from the enforcement official. Any person observed violating this article after having received such written warning shall be issued a summons and shall be subject to the penalties of § 46-32.
[Amended 2-6-2006 by Ord. No. 2006-02; 4-3-2006 by Ord. No.
2006-04]
Any person convicted of a violation of this article shall be
punished by a fine not to exceed $1,250 and/or community service not
to exceed 90 days and/or imprisonment for a period not exceeding 90
days.
