[Adopted 6-15-2005 by Ord. No. 2231 (Ch. 116 of the 1975 Borough Code)]
An article to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by Borough of Roselle, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Amended 12-29-2016 by Ord. No. 2553-16]
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.
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife or stray animals. "Feeding" does not include baiting in the legal taking of fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of the state subject to municipal jurisdiction.
SONGBIRD
A bird having a melodious song or call; includes but is not limited to crows, finches, robins, sparrows and swallows.
STRAY ANIMAL
A domestic animal that has strayed or is lost.
WILDLIFE
All animals that are neither human or domesticated and shall include but not be limited to pigeons, waterfowl, feral cats, raccoons, skunks or groundhogs.
[Amended 12-29-2016 by Ord. No. 2553-16]
A. 
No person shall feed any wildlife or domestic stray animals on any property, public or private, within the Borough of Roselle.
B. 
This prohibition shall not include the feeding of songbirds, provided such feeding complies with the following:
(1) 
Feeding of songbirds is permitted outdoors at such times and in such manner that:
(a) 
Such feeding does not create an unreasonable disturbance that affects the right of surrounding property owners and/or renders other persons unsecure in the use of their property.
(b) 
Does not create an accumulation of dropping on the property and/or surrounding properties.
(c) 
Does not become an attractant for rodents and other wild animals.
(d) 
Bird feeders shall be enclosed and placed at least four feet above the ground in a wildlife-deterring manner.
A. 
This article shall be enforced by the Roselle Police Department and the Roselle Health Officer.
B. 
Any person found to be in violation of this article shall be ordered to cease the feeding immediately.
Any person who violates or refuses to comply with the provisions of this article shall, upon conviction thereof, be subject to a fine of not more than $1,000 or to imprisonment in the county jail for not more-than 90 days, or both, but in no event less than $50 for the first offense, $100 for the second and $750 for a third or subsequent offense.