Feeding Migratory Waterfowl

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Want to feed the birds? Think again! Many health hazards can result from feeding migratory and domestic waterfowl such as ducks, geese and swans, and many municipalities have bans in place. The goal of this type of legislation is to prevent accumulation of droppings that may result in damage to flora, fauna and property, harm water quality, increase potential to spread disease or create a nuisance. Another goal is to protect the welfare of the birds themselves, as wildlife studies have shown that feeding waterfowl and migratory birds can interrupt their normal migration patterns, cause nutritional problems, and promote the spread of bird diseases. Regulations prohibit feeding waterfowl, as well as creating a condition which results in a congregation or congestion of waterfowl. Some legislation grants enforcement agencies the authority to disperse flocks by scare tactics or noise tactics.

Chapter 265
Article IV
Wildlife Feeding Regulations
[Adopted 3-24-2005 by Ord. No. 2005-13]

§ 265-23. Purpose.

The purpose of this article is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Lacey, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

§ 265-24. 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 -- 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 -- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

WILDLIFE -- All animals that are neither human nor domesticated.

§ 265-25. Prohibited conduct.

No person shall feed, in any public park or on any other property owned or operated by Township of Lacey, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

§ 265-26. Enforcement.

A. This article shall be enforced by the Lacey Township Police Department and the Lacey Township Code Enforcement Officer.

B. Any person found to be in violation of this article shall he ordered to cease the feeding immediately.

§ 265-27. Violations and penalties.

A. Any person violating or falling to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge; except that, in the Pinelands Area, the maximum penalty shall be $500 for each offense, as provided in N.J.S.A. 13:1 8A-24. 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.

B. The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

Chapter 88
Article VI
Waterfowl
[Adopted 8-19-2002 by Ord. No. 0802-1]

§ 88-31. Intent.

A. The feeding of ducks and geese encourages waterfowl to halt their normal migrations and establish a residency in the City. The growing populations of waterfowl result in large amounts of waterfowl droppings that potentially can spread disease. Other problems caused by droppings are excess nutrients in the City's lakes, that in turn can cause algae blooms, damage to lawns and the soiling of public areas around the City's lakes.

B. It is the intent of this article to minimize the attraction of these birds by restricting their feeding and other acts that encourage the birds to halt their migrations and to reside in the City.

§ 88-32. Prohibitions.

A. No person shall feed, cause or permit to be fed or provide food for ducks, geese and/or fowl within the corporate limits of the City of Rehoboth Beach.

B. No person shall create or foster any condition or allow any condition to exist or continue which results in a congregation or congestion of domestic or migratory waterfowl.

§ 88-33. Violations and penalties. [Amended 11-15-2004 by Ord. No. 1104-03]

Any person violating any provisions of this article shall, upon conviction, pay a fine not less than $5 or more than $50, and shall pay the cost of prosecution. For each subsequent offense, he shall be fined not less than $25 or more than $200 and shall pay the cost of prosecution.

§ 88-34. Effective date.

This article shall not take effect until the domestic and/or injured waterfowl are removed from Lake Gerar Park, but in any event this article shall take effect not later than January 1, 2003.

Chapter 4
Article II
Waterfowl
[Adopted 3-13-2004 ATM]

§ 4-5. Intent.

A. The large number of fowl attracted by feeding and baiting in and around in Shapleigh increases the presence of harmful bacteria, which present a threat to public heath and well being. Fecal matter from waterfowl contributes to the phosphate loading of water bodies thereby resulting in lessened water quality. Large numbers of waterfowl feeding, trampling and defecating cause damage to terrain and constitute a nuisance and health hazard to citizens.

B. The purpose of this article is to control the feeding and baiting of migratory and nonmigratory waterfowl (hereinafter referred to as "fowl") in order to protect the public health and property and the water quality of lakes, ponds, rivers and streams in Shapleigh by reducing the amount of fecal matter from these fowl deposited in the water and on the adjacent shoreline and waterfront property caused in part by the feeding and baiting of these fowl by the public.

§ 4-6. Prohibition.

No person shall engage in the regular practice of feeding or baiting any migratory or nonmigratory waterfowl of fowl in or upon the water within the Shoreland zoned area in Shapleigh as identified on the Tax Maps of Shapleigh, in any manner that increases the public health risks identified in § 4-5B. This Article is not intended to prohibited the raising of domestic waterfowl as allowed by any other ordinance(s), except that domestic waterfowl must be securely contained or penned in an enclosure in an area so as to prevent fecal matter from the waterfowl entering into lakes, ponds, and streams in the Town of Shapleigh.

§ 4-7. Definitions.

The following definitions shall apply unless the context clearly indicates another meaning:

FEEDING and BAITING -- The placing, exposing, depositing, distributing or scattering, directly or indirectly, of shelled corn, shucked or unshucked, wheat or other grains, breads, salt or any other feed or nutritive substances, in any manner or form, so as to lure, attract or entice fowl to, on or over any such areas where such feed items and/or materials have been placed, exposed, deposited, distributed or scattered.

WATERFOWL and FOWL -- Any waterfowl of the family Anatidae (ducks and geese) either migratory, nonmigratory or resident fowl.

§ 4-8. Enforcement.

This article may be enforced by an Animal Control Officer, Code Enforcement Officer, Health Officer and/or his/her designee in the Town of Shapleigh.

§ 4-9. Violations and penalties.

Whoever violates any provisions of this article shall be fined $100 for each offense, to be recovered, on complaint, to the use of the Town of Shapleigh. Each day in which a violation is proved shall constitute a separate and new offense under this section. If the Town is the prevailing party in any action brought to enforce this article, the Town must be awarded reasonable attorney's fees, expert witness fees and costs. Civil process of the complaint may be waived by payment of the Town of Shapleigh of the fine within seven days of the date of complaint.

Chapter 69
Article III
Feeding of Waterfowl
[Adopted 3-1-2005 by Ord. No. 788, approved 3-1-2005]

§ 69-10. Definitions.

As used in this article, the following terms shall have the meanings indicated:

FEED or FEEDING -- Includes the provision or dissemination of food in any manner in the vicinity of waterfowl.

WATERFOWL -- Includes:

A. MIGRATORY WATERFOWL--Ducks, geese and swans native to North America;

B. DOMESTIC WATERFOWL--Nonnative geese, ducks and swans not retained in agricultural operations.

WATERWAYS -- A general term referring to lakes, ponds, streams, creeks, and stormwater basins.

§ 69-11. Prohibited acts.

It shall be unlawful for any person to feed waterfowl on any publicly owned land or waterways, posted in accordance to § 69-13A herein, within the Borough of Shippensburg.

§ 69-12. Introduction or drop off of waterfowl.

It shall be unlawful for any person to introduce any waterfowl on any publicly owned land or waterways, posted in accordance to § 69-13A herein, within the Borough of Shippensburg.

§ 69-13. Signs.

A. When directed by the Borough Council, signs shall be conspicuously posted, placed, at the property owner's expense, and be constructed not less than 12 inches by 18 inches in size, bearing the words "WARNING FEEDING OF WATERFOWL AND/OR INTRODUCING OF WATERFOWL PROHIBITED, PUNISHABLE BY FINE, BY ORD. NO. 05-788."

B. Defacing, tampering, moving, or damaging such signs shall constitute a violation of this article.

§ 69-14. Enforcement.

A. This article shall be enforced by the Shippensburg Borough Police Department.

B. Notice of violation shall be by issuance of a summary offense citation.

§ 69-15. Violations and penalties.

Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $30 nor more than $300, and all cost of prosecution, for each and every offense before any District Justice and, in default of payment of such fine and cost, to undergo imprisonment of not more than 30 days, provided that each day's violation of any of the provisions of this article shall constitute a separate offense.

Chapter 83
Article II
Feeding of Waterfowl
[Adopted 5-7-2001 by Ord. No. 202-01]

§ 83-5. Purpose; findings.

Purpose: To prevent such conduct that may attract and concentrate migratory and domestic waterfowl to public properties within the Town of Rocky Hill. The presence of large numbers of waterfowl causes a public nuisance and adversely affects the Town of Rocky Hill.

§ 83-6. Definitions.

For the purposes of this chapter, the words set out in this section shall have the following meanings:

DOMESTIC WATERFOWL -- Nonnative ducks, geese and swans not retained in agricultural activities.

FEED or FEEDING -- The act of or furnishing of food or other sustenance.

MIGRATORY WATERFOWL -- Ducks, geese and swans native to North America.

§ 83-7. Prohibition of feeding.

No person or persons shall feed, cause to be fed or provide food for migratory or domestic waterfowl in lands or waters publicly owned within the Town of Rocky Hill. No person or persons shall foster any condition to exist or continue, which results in a congregation or congestion of migratory or domestic waterfowl.

§ 83-8. Penalties for offenses.

Any person or persons found to be violating this article shall be subject to a fine of $50 per offense, enforceable by the Police Department. Each day any such violation continues shall constitute a separate offense. The imposition of any fines under this article shall not prevent the enforced abatement of any unlawful condition by the Town.

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