ORDINANCE NO. 2006-02

AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 3 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “POLICE REGULATIONS”

BE IT ORDAINED BY THE BOARD OF THE COMMISSIONERS OF THE BOROUGH OF HARVEY CEDARS as follows:

Section 1.  Section 3-6 of the revised general ordinances of the Borough of Harvey Cedars, 1975, entitled “Reserved” is hereby renamed as Section 3-6 “Wildlife Feeding” and is supplemented as follows:

3-6.1 Definitions.

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.

3-6.2 Prohibited.  No person shall feed, in any public park or on any other property owned or operated by the Borough of Harvey Cedars any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

Any person to be in violation of this ordinance shall be ordered to cease the feeding immediately.

Section 2.   If any provision, section, subsection, or paragraph of this ordinance shall be declared to be unconstitutional, invalid, or inoperative, in whole or in part, by a Court of competent jurisdiction, such provision, section, subsection, or paragraph shall to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining provisions, subsections, or paragraphs of this Ordinance.

Section 3.  This Ordinance shall take effect upon final adoption after publication in accordance with law.

EFFECTIVE DATE: February 23, 2006