[Adopted 10-20-2004 by Ord. No. 14-04 (Ch. 99 of the 1969
Code)]
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.
As used in this article, the following terms shall have the
meanings indicated:
Any bird that frequents the water, or lives about rivers,
lakes, etc., or on or near the sea; an aquatic fowl, including but
not limited to ducks, geese, swans, heron, egrets.
Includes any animal which is not normally domesticated in
this state, including but not limited to bears, coyotes, deer, feral
cats, foxes, groundhogs, opossums, raccoons, skunks, and waterfowl.
A.
No person shall purposely or knowingly, as said terms are defined
in Title 2C of the New Jersey Revised Statutes, feed, bait, or in
any manner provide access to food to any wild animal or waterfowl
in said Township on lands either publicly or privately owned. This
section shall not apply to the feeding of farm animals.
B.
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 or waterfowl.
C.
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 source or attractant, after being advised 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 or bird feeders.
D.
Nothing in this section shall apply to any agent of the Township
authorized to implement an alternative control method set forth in
any approved community-based deer management plan and possessing a
special deer management permit issued by the New Jersey Division of
Fish and Wildlife in accordance with the provisions of P.L. 2000,
c. 46,[1] or any hunter engaging in baiting for the purpose of hunting
pursuant to a valid hunting license issued in accordance with the
provisions of Title 23 of the New Jersey Revised Statutes.
[1]
Editor's Note: See N.J.S.A. 23:4-42.3 et seq.
Feeding of other songbirds and other backyard birds shall be
permitted outdoors at such times and in such numbers that:
A.
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;
B.
Does not create an accumulation of droppings on the property and
surrounding properties;
C.
Does not become an attractant for rodents or other wild animals;
and
D.
Bird feeders are placed at least five feet above the ground.
A.
Each property owner shall have the duty to remove any above-named
materials or device placed on the owner's property in violation
of this article.
B.
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.
C.
Health Department personnel, animal control officers and all police
officers of the Township of Morris are hereby given full power and
authority to enforce this article.
D.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
Any person violating any provision of this article shall be
liable to a fine of not less than $50 nor more than $500 for each
offense, together with the costs of prosecution. A separate offense
shall be deemed committed on each day or part of each day during which
a violation occurs or continues.
