[HISTORY: Adopted by the Mayor and Council of the Borough
of Wenonah 3-23-2006 by Ord. No.
O-06-03. Amendments noted where applicable.]
The purpose of this ordinance is to prohibit the feeding of
unconfined wildlife in any public park or on any other property owned
or operated by the Borough of Wenonah, so as to protect public health,
safety and welfare, and to prescribe penalties for failure to comply.
For the purpose of this ordinance, 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 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.
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.
A.
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Wenonah, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
A.
This ordinance shall be enforced by the Police Department of the
Borough of Wenonah, Animal Warden or any agency employed by the Borough
to enforce the appropriate provisions of this ordinance.
B.
Any person found to be in violation of this ordinance shall be ordered
to cease the feeding immediately.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine in an amount not less than $25 nor more than $50; upon a second
violation, a fine in an amount not less than $50 nor more than $100;
and upon a third or subsequent violation, a fine in an amount not
less than $100 nor more than $250; and/or a period of community service
not to exceed 10 days. Whenever such person shall have been officially
notified or by service of a summons in a prosecution, or in any other
official manner, that said person is committing a violation, each
day's continuance of such violation after such notification shall
constitute a separate offense, punishable by a like fine or penalty.
Should any section, clause, sentence, phrase or provision of
this ordinance be declared unconstitutional or invalid by a Court
of competent jurisdiction, such decision shall not affect the remaining
portions of this ordinance.
All prior ordinances or parts of ordinances inconsistent with
this ordinance be and the same are hereby repealed to the extent of
such inconsistencies.
This ordinance shall take effect immediately upon final passage
and publication in accordance with law.
