Borough of Bradley Beach, NJ
Monmouth County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 1999-18 (Sec. 4-28 of the 1974 Code)
It has been determined that the presence of large numbers of migratory and wild waterfowl on or around ponds, lakes and the beachfront within the Borough of Bradley Beach and on all other property in the Borough of Bradley Beach creates a public health nuisance due to the accumulation of droppings in and around said ponds, lakes and the beachfront, which is inimical to the health and general welfare of the public. The purpose of this article is to prevent such conduct that may attract such migratory and wild waterfowl to the properties within the Borough.
[Amended by Ord. No. 2001-10; Ord. No. 2003-08]
As used in this article, the following terms shall have the meanings indicated:
DOMESTIC WATERFOWL
Includes those species of birds commonly known as "swans," "geese," "brant," "seagulls," "river and sea ducks" and any other waterfowl which does not generally follow a seasonal migration pattern but is indigenous to New Jersey.
MIGRATORY WATERFOWL and/or WILD WATERFOWL
Includes those nondomesticated species of birds commonly known as "swans," "geese," "brant," "seagulls," "river and sea ducks" and any other waterfowl that generally follow a seasonal migration pattern.
[Amended by Ord. No. 2001-10; Ord. No. 2003-08]
No person or persons shall feed, cause to be fed or provide food for migratory, wild or domestic waterfowl within the Borough of Bradley Beach on lands either publicly or privately owned.
[Amended by Ord. No. 2001-10; Ord. No. 2003-08]
Notwithstanding the prohibitions referenced in this article, the following exceptions shall exist:
A. 
The Fletcher Lake Commission and the Sylvan Lake Commission, appointed by the Mayor and Council, shall have the right and sole discretion to properly relocate domesticated waterfowl to a habitat that is most suitable to the waterfowl.
No person or persons shall create or foster any condition to exist or continue which results in a congregation or congestion of migratory or wild waterfowl or in an accumulation of waterfowl feces or droppings on private or public property within the Borough of Bradley Beach creating a public health nuisance or in any manner threatening the health, safety and welfare of the public and/or the waterfowl.
The Police Department, Code Enforcement Officer and the County Board of Health are hereby authorized and directed to enforce the provisions of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Any person or persons convicted of a violation of any of the provisions of this article shall be punished as provided in Chapter 1, Article II, General Penalty, of the Borough Code. A warning only shall be issued for the first violation of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).