BOROUGH OF ROARING SPRING
BLAIR COUNTY, PENNSYLVANIA
ORDINANCE NUMBER 17-1
AN ORDINANCE OF THE BOROUGH OF ROARING SPRING,
BLAIR COUNTY, PENNSYLVANIA, RELATING TO WATERFOWL
AND FISH, SPECIFICALLY ESTABLISHING THE PROHIBITION
OF THE FEEDING OR LEAVING BEHIND OF WATERFOWL AND FISH,
AND FURTHER PROVIDING ENFORCEMENT PENALTIES.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Council of the Borough of Roaring Spring, Blair County, Pennsylvania, and it is hereby Ordained and Enacted as follows:
Section 1. Purpose
The Council of the Borough of Roaring Spring finds that the feeding and leaving behind Waterfowl and Fish is detrimental to the Waterfowl and Fish; causes a public health nuisance; and, creates a safety hazard that is detrimental to the general health, safety, and general welfare of the public. Council therefore passes this Ordinance with shall be know as “The Waterfowl and Fish Ordinance”.
Section 2. Definitions
As used in this Ordinance, the following terms shall have the meaning indicated:
“Borough” shall mean the Borough of Roaring Spring, Blair County, Pennsylvania.
“Feed” or “Feeding” means the act of furnishing, exposing, placing, depositing, distributing or scattering, whether intentionally or negligently, any food or substance of any kind which is likely to attract, lure, or entice Waterfowl or Fish.
“Fish” shall mean any number of cold-blooded strictly aquatic craniate vertebrates that include the bony fishes and jawless fishes, and that have typically an elongated somewhat spindle-shaped body terminating in a broad caudal fin, limbs in the form of fins when present at all, and a two-chamber heart by which blood is sent through gills to be oxygenated.
“Leave” shall mean to deposit or deliver before or during the process of departing; to go away from.
“Person” shall mean any individual, owner, occupier, corporation, company, partnership, firm, association, club, society, or any other form of association or organization subject to the jurisdiction of the Borough of Roaring Spring.
“Public Property” shall mean property owned or under the full or partial control of the Borough of Roaring Spring.
“Waterfowl” shall mean any bird that frequents water, including but not limited to a swimming game bird such as a duck or a goose.
Section 3. Prohibited Conduct
It shall be unlawful for any Person, or any agent thereof:
- To feed Waterfowl or Fish upon Public Property or to authorize or aid or abet any other person to feed Waterfowl or Fish on Public Property.
- To Leave any Waterfowl or Fish on Public Property.
Section 4. Exception
This Ordinance Shall not be applicable to any feeding program operated by the Borough or a program which is formally endorsed by the Borough by means of a Resolution adopted by Borough Council.
Section 5. Enforcement
- Police officers, code enforcement officers, or any other designated and authorized personnel of the Borough are hereby given full power and authority to enforce this Ordinance.
- Any Person found to be in violation of this Ordinance shall be ordered to immediately cease the feeding or the leaving behind of Waterfowl and Fish on Public Property.
Section 6. Penalties
Any Person who shall violate any provision of this Ordinance, or fails to comply therewith, or with any of the requirements thereof, upon conviction thereof in action brought before the Magisterial District Judge in the manner provided for the enforcement of summary offense under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $50.00 nor more than $300.00 plus costs, including reasonable attorney’s fees incurred by the Borough. A separate offense shall arise for each day in which a violation of this Ordinance is found to exist, or for each section of this Ordinance found to have been violated. The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin or abate violations of this Ordinance.
Section 7. Severability
If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such holding shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared severable.
Section 8. Repealer
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 9. Effective Date
This Ordinance shall take full force and effect immediately upon passage and approval of same.
ORDAINED AND ENACTED this 10th day of April, 2017.
For additional information, please see the waterfowl and fish brochure.