Friday, December 28, 2018

A complete over-reach by the Lodi Mayor and Council: an assault on the rights of private property owners and the inhumane treatment of animals…





Most people didn’t see a new ordinance passed by the Lodi mayor and council.  A public notice stated that anyone wishing to be heard on the ordinance should attend the December 18th council meeting at 7 PM.  When people showed up at 7 PM, doors to the borough hall were locked and people were informed that the mayor and council already held their meeting at 5 PM.  The mayor and council are cowards and do everything in backrooms.


The ordinance was completely unnecessary.  If the feeding of wild animals ever caused any health concerns, the borough could have acted on the matter at any time without this ordinance.


If you read the ordinance below, it is far over-reaching and extends to private properties.  Who is the mayor and council to tell someone paying $15,000 in property taxes that they can’t feed a bird or squirrel on their PRIVATE PROPERTY?


People want more freedom from government, not more restrictions.  I suspect this ordinance will be used as tool of the mayor and council to harass people that are critical of their corruption.  I feed the ends of bread to friendly birds on my family's private property.  I am sure Patty Licata will watch the cameras at Wilson School all day and tattle to the borough hall like she usually does.  How vindictive and petty.


The mayor and council are doing a whole lot worse than feeding a cat, squirrel, bird or deer.  How mixed up their priorities?


Many animal lovers in Lodi are furious and have asked me why I haven’t posted about the subject.  I was unaware that the mayor and council already acted on the matter at a meeting where no agenda was posted and the meeting time was changed.


People that hurt animals often hurt people.  People that care about animals usually have a heart.  It’s heartless of the mayor and council to tell people that have taken care of animals for years to let those animals starve in the winter.


For years, the borough had a trap and release program where cats were trapped, spayed or neutered, and then returned to the same location.  The borough wants to release cats back in Lodi and then starve them?  That isn’t humane.


The mayor and council could address health concerns without infringing on property rights and acting inhumane towards animals.


Below is a public notice showing the over-reaching ordinance:


Notice Content
NOTICE NOTICE IS HEREBY GIVEN that the following proposed ordinance was introduced and passed on first reading at a meeting of the Borough Council of the Borough of Lodi, the County of Bergen, State of New Jersey, held on the 20TH day of November, 2018, and that said ordinance will be taken up for further consideration for final passage at the meeting of said Borough Council to be held at its meeting room in the Borough Hall, in Lodi, N.J., on the 18th day of December, 2018, at 7 P.M., or as soon thereafter as said matter can be reached, at which time and place all persons who may be interested therein will be given the opportunity to be heard concerning the same. A copy of this ordinance has been posted on the bulletin board upon which public notices are customarily posted in the Borough Hall of the Borough and a copy is available up to and including the time of such meeting to the members of the general public of the Borough who shall request such copies, at the office of the Borough Clerk in said Borough Hall in Lodi, New Jersey. Carole L. D'Amico, R.M.C. Borough Clerk ORDINANCE # 2018-23 BOROUGH OF LODI COUNTY OF BERGEN STATE OF NEW JERSEY AN ORDINANCE TO PROHIBIT THE FEEDING OF FERAL CATS AND OTHER WILD ANIMALS AND TO REPEAL ORDINANCE NO. 707-15 WHEREAS, the proliferation of feral cats and feral cat colonies throughout the State including the Borough of Lodi ("Borough") has resulted in a growing number of feral cat colonies in ever increasing population of feral cats; and WHEREAS, the existence of such large numbers of feral cat colonies poses a danger to the health, safety and welfare of the residents of the Borough; and WHEREAS, the feeding of wild animals is both detrimental to the animals and causes a public health nuisance and safety hazard that is detrimental to the health and welfare of the general public; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Lodi as follows: Article 1 - Repeal Borough of Lodi Ordinance No. 707-15 entitled An Ordinance to Prohibit the Feeding of Feral Cats Unless Properly Registered and to Control the Proliferation of Feral Cats in a Humane Manner for the Protection of Health and Safety of the Public is hereby repealed. Article 2 - Definitions As used in this Ordinance, the following terms shall have the meanings indicated: "Feed" shall mean to give, place, expose, deposit, distribute or scatter any edible solid or liquid material which has the intentional or unintentional effect of feeding, attracting or enticing feral cats or other wild animals. "Feral cat" shall mean any homeless, stray, wild or untamed cat. "Harboring" shall mean to afford lodging, shelter or refuge. "Person" shall mean any individual, person, firm, corporation, company, partnership or association. "Wild Animal" shall include all animals that are neither human nor domesticated and shall include but not be limited to raccoons, skunks, ground hogs, bears, coyotes, deer, foxes, possums, feral cats, and unlicensed dogs. Article 3 - Prohibited conduct A.No person shall Feed (as defined herein) any Feral Cat (as defined herein) or any Wild Animal (as defined herein) on any public or private property in the Borough of Lodi. B.Feral Cat Caretakers are no longer permitted in the Borough. C.Haboring Wild Animals or Feral Cats are prohibited. Article 4 - Permitted conduct A. Feeding of songbirds and other backyard birds shall be permitted at such times and upon such conditions so that the feeding: (1)Does take place with an enclosed, elevated bird feeder that is not accessible to other Wild Animals or Feral Cats. (2)Does not create a disturbance that affects the rights of surrounding property owners or render other persons insecure in the use of their property and does not conflict with other Borough Ordinances. (3) Does not create an accumulation of droppings on the property or surrounding properties. (4) Does not become an attractant for rodents or other wild animals. B. Each property owner shall be permitted to have one bird feeder for every 4,000 square feet of lot area, not closer than five feet from any property line. (1) Bird feeder. (a) A bird feeder shall be either a: (ii)Tube or cylinder; or (ii)A hopper-type feeder, which shall be fully enclosed on all sides with an opening of no more than 1/2 inch in size. (b) Bird feeders shall be suspended or mounted no less than four feet and no more than eight feet from the ground. Bird feeders shall be filled with no more than two gallons of feed at any time. (2) No bird seed or any form of bird food shall be thrown or scattered on the ground of any property. C.Nothing herein contained shall prevent the County of Bergen or any Animal Control Officer or Agency contracted with the Borough from Trapping, Neutering and Returning Feral Cats which would include baiting cages. Article 5 - Violations and penalties Any person that shall violate any of the provisions of this article shall, upon conviction thereof, for each offense, pay a penalty of not less than $100 nor more than $1,250 and/or community service for a period not exceeding 90 days, in the discretion of the municipal court. Article 6 Enforcement of the within Ordinance shall be by the Borough of Lodi Police Department, Code Enforcement Officer, Animal Control Officer, Health Officer, Registered Environmental Health Specialist and/or Public Health Investigators. Article 7 In the event any section, part or provision of this Ordinance shall be held unconstitutional or otherwise invalid by any Court of competent jurisdiction, such determination shall not affect the validity of this Ordinance or the remaining provisions which shall remain in full force and effect. Article 8 All other provisions of all other Ordinances shall remain in full force and effect except as modified herein provided however Ordinance No. 707-15 is hereby repealed in its entirety. Article 9 This Ordinance shall take effect ten (10) days after adoption and publication in the manner prescribed by law. Introduced on this 20th day of November, 2018. ATTEST: _____________________________ ________________________________ Emil Carafa, Jr., Mayor C