[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 11-29-2005
by Ord. No. 05-14. Amendments noted where applicable.]
The purpose of this chapter is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated by
the Borough of Alpha, so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
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 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.
No person shall feed, in any public park or on any other property owned
or operated by the Borough of Alpha, any wildlife, excluding confined wildlife
(for example, wildlife confined in zoos, parks or rehabilitation centers,
or unconfined wildlife at environmental education centers).
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a fine of
not more than the maximum amount allowed by law, imprisonment for a term not
to exceed 90 days or a period of community service not to exceed 90 days,
or any combination thereof, in the discretion of the Judge. The continuation
of such violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
Each section, subsection, sentence, clause and phrase of this chapter
is declared to be an independent section, subsection, sentence, clause and
phrase, and the finding or holding of any such portion of this chapter to
be unconstitutional, void or ineffective for any cause or reason shall not
affect any other portion of this chapter.
