Township of Barnegat, NJ Chapter 70D Wildlife Feeding, Prohibited

[HISTORY: Adopted by the Township Committee of the Township of Barnegat 4-18-05 as Ord. No. 2005-24; amended in its entirety 11-5-2020 by Ord. No. 2020-17. Subsequent amendments noted where applicable.]

§ 70D-1 Purpose.

An ordinance to prohibit the feeding, baiting, or otherwise providing access to food to any unconfined wildlife in Barnegat Township, on any lands either publicly or privately owned and unless specifically excepted, so as to protect public health, safety, and welfare, and to prescribe penalties for failure to comply.

§ 70D-2 Definitions.

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense including 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. Feeding does not include baiting in the legal taking of fish and/or game.

PERSON

Includes but is not limited to individuals, corporations, companies, associations, societies, including nonprofit organizations, firms, partnerships, joint-stock companies, individuals, and governmental entities.

WATERFOWL

Any bird that frequents the water, or lives about rivers, lakes, etc. or on or near the sea; aquatic fowl including, but not limited to, ducks, geese, swans, herons, and egrets.

WILD ANIMAL

Any animal, which is not human nor domesticated, including but not limited to bears, coyotes, deer, feral cats, foxes, groundhogs, opossum, raccoons, skunks, waterfowl, wolves, and hybrid wolves.

§ 70D-3 Prohibited conduct.

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, birds, or waterfowl in Barnegat Township, on lands either publicly or privately owned, except as permitted in Subsections D and E below. This section does not apply to the feeding of farm animals, nor to confined wildlife such as wildlife confined in stables, parks, or rehabilitation centers, nor unconfined wildlife at environmental education centers.

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. After being advised by the Township to undertake remedial action to avoid contact or conflict with wild animals, 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, bird feeders or any other similar food source or attractant.

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 N.J.S.A. 23:4-42.3 et seq. or issued in accordance with the provisions of Title 23 of the New Jersey Revised Statutes.

E. Feeding of songbirds and other backyard birds shall be permitted outdoors so long as such feeding:

(1) 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) Does not create an accumulation of droppings on the property and surrounding properties; and

(3) Does not become an attractant for rodents or other wild animals.

§ 70D-4 Enforcement.

A. The Barnegat Township Police Department and the Board of Health of the Township of Barnegat shall enforce the provisions of this chapter.

B. Any person found to be in violation of this chapter shall be ordered to cease the feeding immediately. Failure to cease immediately, or after receiving notice of violation, any person who again feeds wildlife, shall be deemed to have violated this chapter.

§ 70D-5 Violations and penalties.

Any person found in violation of the provisions of this chapter shall be subject to a fine not to exceed $150.