Ordinance No. 22-15

Introduced: November 5, 2015
Public Hearing: December 3, 2015
Status: Adopted

An ordinance amending Article IV, Wildlife Feeding, of Chapter 24, Health and Sanitation, of the revised ordinances of the Township of Randolph, Morris County, New Jersey, to prohibit the feeding of unconfined wildlife on private property

WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

WHEREAS, Article IV, Wildlife Feeding, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph, currently prohibits the feeding of unconfined wildlife in any public park and on any property owned or operated by the Township; and

WHEREAS, the Township of Randolph desires to amend Article IV, Wildlife Feeding, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph, to also prohibit the feeding of unconfined wildlife on private property.

NOW, THEREFORE, BE IT ORDAINED, by the governing body of the Township of Randolph, County of Morris, State of New Jersey, as follows:

SECTION ONE. Article IV, Wildlife Feeding, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph is hereby deleted in its entirety and replaced by the following:

ARTICLE IV. WILDLIFE FEEDING

Sec. 24-71.—Purpose of article.

The purpose of this article is to protect public health, safety and welfare by prohibiting the feeding of unconfined wildlife in any public park, on any property owned or operated by the Township and on all private property in the Township, and to prescribe penalties for failure to comply with this article.

Sec. 24-72.—Definitions.

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 means 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 means any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

Wildlife means all animals that are neither human nor domesticated.

Sec. 24-73.—Prohibited conduct.

The feeding of wildlife, with the exception of confined wildlife (for example, wildlife confined in zoos, parks, or rehabilitation centers, or unconfined wildlife at environmental education centers), is prohibited in any public park, on any property owned or operated by the Township and on all private property in the Township

Sec. 24-74.—Exceptions.

This article shall not be construed to prohibit humane acts towards wild animals in individual cases, such as the temporary nurturing of a wounded animal on one’s own premises.

This article shall not be construed to prohibit bird feeders.

Sec. 24-75.—Enforcement.

This article shall be enforced by police department and the health department of the Township. Whenever the enforcing officer determines that there is or has been a violation of this Article, the enforcing officer shall issue a written warning advising that a violation has occurred and that future violations will result in the issuance of a summons. If a person commits another violation after the issuance of a written warning, then a summons shall be issued against the person so notified.

Sec. 24-76.—Penalties.

Any person who shall violate any provision of this article after receiving a written warning pursuant to Section 24-75 shall, upon conviction thereof, be punished in accordance with section 1-7. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION FOUR. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

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Joanne Veech, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 22-15

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Article IV, Wildlife Feeding, Of Chapter 24, Health And Sanitation, Of The Revised Ordinances Of The Township Of Randolph, Morris County, New Jersey, To Prohibit The Feeding Of Unconfined Wildlife On Private Property” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on November 5, 2015 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on December 3, 2015 at 6 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend Article IV, Wildlife Feeding, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph, to prohibit the feeding of unconfined wildlife on private property. A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey