Township Tables Ordinance to Prohibit Feeding of Wildlife on Private Property

After some pushback from residents, the township committee tabled approving a , which would prohibit the feeding of wildlife on all private and public properties.

“It just makes me a little bit angry,” Mary Jensen of Forked River said.

As part of the township’s geese population management plan, the committee crafted the modified ordinance. Feeding wildlife on public property, which the committee says contributes to the presence of geese, had already been illegal. The township sought to update the ordinance to include all private properties as well.

According to the ordinance, feeding of wildlife constitutes as giving, placing, exposing, depositing, distributing or scattering any edible material with the intention of feeding, attracting or enticing wildlife. It does not include bird feeders.

Jensen found the ordinance confusing and was unsure whether it was directed towards residents only off the waterways or all residents. But the modified version includes all private property, whether off the water or not.

“It also says wildlife,” she says. “This means I shouldn’t plant any garden. I shouldn’t have any bushes.”

Bees, butterflies, earthworms and cardinals are all ground feeders and considered wildlife, she said.

“I’ve got all these animals around me,” Jensen said. “I’ve worked for 20 years plus to try to get my yard to be a National Wildlife Federation backyard award because I feed everything.”

“I also think you’ve got the tail wagging the dog with these geese,” she added. “You get one guy that stands up and complains so everybody bends backwards to satisfy that one person and it makes a lot of people very unhappy.”

The resolution included all non-domestic animals (excluding baiting fish) and those who are caught feeding wildlife would be issued a summons; a judge would then assess a fine, Township Administrator Veronica Laureigh previously said.

The ordinance states that any person in violation of the law, if convicted, can be punished by a fine between $100 and $1,250, imprisonment of no more than 90 days, community service of no more than 90 days or any combination of fine, imprisonment and community service.

Jim Duerscheidt of Forked River lives on the water and was concerned that his neighbors who fish would no longer be able to throw the remains in the lagoon and that his grandchildren would be unable to feed the ducks.

“They’re in violation of the ordinance too? So a four-year-old kid is going to go to jail for 90 days?”

He also was worried that neighbors may try to retaliate against neighbors by reporting each other.

Township Attorney Lauren Staiger explained that enforcement will not be selective but will be directed towards those who are “creating a nuisance.”

“They’re trying to do it where a nuisance is caused by having all this wildlife on their property,” she said. The code enforcement officer and police would enforce the ordinance based on calls coming in.

“Where do you draw the line?” Duerscheidt said. “I know what you’re trying to do but keep it within some limits.”

A non-scientific Lacey Patch poll from earlier this month revealed that 77 percent of 190 voters felt that the ordinance was infringing on their rights.

Constitutionally, the township is unable to single out any particular landowners such as those off the waterways, Staiger said. The ordinance had to be township-wide. But geese could be singled out if the committee chose to do so.

“It’s about the geese so the ordinance to me should be about the geese,” Leslie Nielsen of Forked River said. “Maybe we should do more for trying to find other ways for taking the geese out before we’re getting into my private property, which of course is on the waterways.”

Nelson also feeds many animals. “There’s just so many different means of trying to get rid of the geese,” she said, calling this ordinance a knee-jerk reaction.

To control the geese population, the township has moved forward with placing a rockbed over grass at the lake, installing signage to reflect that it’s illegal to feed the geese on public property, addling eggs and the eagle kite.

“Most of that stuff is working,” Committeeman Dave Most said. “I’m very happy with the results.”

Pat Doyle of Forked River presented an ordinance out of Rumson, which is specific to Canada geese.

“I appreciate what you did and a lot of people appreciate your efforts to listen and find a humane solution,” she said. “I do think that using the word wildlife in connection with private property is a bit broad.”

The problem started with the geese, Committeeman Sean Sharkey said. But Committeeman Gary Quinn said the ducks and swans are no better.

The committee will revisit and revise the ordinance. Once a new ordinance is crafted, the committee will have to do another first and second reading.