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Wayne, NJ Animal Ordinances: Bird Protection (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Prohibited act
Feeding or permitting the feeding of waterfowl
Birds covered
Swans, geese, brants, river and sea ducks, sea gulls
Enforcing officials
Township Health Department compliance officials
Pigeon feeding
Declared a public health nuisance in § 123-3(E)
Maximum fine
$2,000 under § 1-15.1

Summary

In Wayne Township, New Jersey, it is unlawful for any person to feed or permit the feeding of any waterfowl within the Township. Waterfowl means swans, geese, brants, river and sea ducks, sea gulls and other waterfowl under State Division of Fish and Wildlife jurisdiction. The Health Department enforces the ban.

TOWNSHIP The Township of Wayne in the County of Passaic. ... WATERFOWL Any member of the species of birds, commonly known as swans, geese, brants, river and sea ducks, sea gulls and any other waterfowl falling under the jurisdiction of the State of New Jersey Department of Environmental Protection, Division of Fish and Wildlife, or otherwise defined. § 68-44. Feeding waterfowl. It shall be unlawful for any person to feed or permit the feeding of any waterfowl within the Township. § 68-45. Violations and penalties. ... Any person who violates or who fails or refuses to comply with the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-15.

Full Breakdown

Article V of Chapter 68 of the Wayne Township Code protects the Township's waterfowl by banning the feeding of them. Section 68-44 makes it unlawful for any person to feed or permit the feeding of any waterfowl within the Township. Feeding means furnishing food or other sustenance essential for growth or maintenance. The Township is defined as the Township of Wayne in the County of Passaic, and the compliance officials are officials of the Township Health Department.

Waterfowl is defined as any member of the species of birds commonly known as swans, geese, brants, river and sea ducks, sea gulls and any other waterfowl falling under the jurisdiction of the State of New Jersey Department of Environmental Protection, Division of Fish and Wildlife, or otherwise defined. The ban is not limited to public land: § 68-44 prints no property exception.

The Public Health Nuisance chapter backs the rule up. Section 123-3(E) declares it a nuisance to feed or permit the feeding of any waterfowl or pigeons within the Township, so pigeon feeding is covered there even though Article V names only waterfowl.

Other bird rules sit nearby in Chapter 68. Article VI permits raising and breeding homing, racing and carrier pigeons, with a clean, sanitary loft or coop, free lofting only within the owner's property, not more than 50 pigeons released at one time, and flights limited to one hour, twice a day, with no flights after 12:00 noon on weekends or holidays. Under Article VII, fowl cannot run or fly at large and must be confined in a coop with an enclosed runway, and no part of a coop, house or runway can be less than 25 feet from the doors or windows of any occupied building.

Violations & Fines

Section 68-45 makes any person who violates or fails or refuses to comply with the waterfowl article liable, upon conviction, to the penalty stated in Chapter 1, Section 1-15. Under § 1-15.1 that is up to 90 days in the County Jail, a fine not exceeding $2,000, or community service not exceeding 90 days. Repeat offenders within one year face an additional fine under § 1-15.4.

Frequently Asked Questions

Can I feed the ducks at a pond in Wayne Township?
No. Section 68-44 makes it unlawful for any person to feed or permit the feeding of any waterfowl within the Township, and the definition of waterfowl includes river and sea ducks, swans, geese, brants and sea gulls. The section prints no exception for ponds or private property.
Is feeding pigeons also against the rules?
Yes. Section 123-3(E) declares feeding or permitting the feeding of any waterfowl or pigeons within the Township to be a public health nuisance. Article V of Chapter 68 itself covers waterfowl only.
Who enforces the waterfowl feeding ban?
The compliance officials, defined in § 68-43 as officials of the Township Health Department. The nuisance provision in § 123-3 is applied by the Health Officer or designee. A conviction carries the Chapter 1, Section 1-15 penalty.
Can I keep racing pigeons in Wayne Township?
Yes. Section 68-46 permits raising and breeding homing, racing and carrier pigeons, subject to § 68-47: a sanitary loft, free lofting only on the owner's property, not more than 50 pigeons released at one time, and loft plans submitted to the Construction Official and Zoning Officer for approval.

Sources & Official References

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