(A) Findings.
(1) Recreational feeding of deer often causes deer concentrations which develop into depredation and other public safety problems.
(2) Depredation of garden crops and landscaping plants is increasing as deer habitat decreases and deer populations increase within particular areas and neighborhoods in the city.
(3) High deer populations can result in increased car-deer crashes within the community, causing public safety concerns and negative economic impacts such as increased car insurance premium costs.
(4) High deer densities also contribute to the possible spread of chronic diseases among deer populations and chronic wasting disease.
(B) Purpose and intent. The intent of the City Council is not to unreasonably infringe upon the recreational enjoyment of city residents who observe wildlife and enhance wildlife habitat on their property. The purpose of this feeding ban is to eliminate these deer attractions which, when combined with other management strategies, should reduce over time the depredation impacts to adjacent residents, as well as assure the safety of the traveling public on city streets and thoroughfares.
(C) Prohibition. It shall be unlawful for any person or group to place or permit to be placed on the ground, or within five feet of the ground surface, either on property owned or controlled by such person or on property owned by others, any grain, fodder, fruit, vegetables, nuts, hay, or other edible materials, which may reasonably be expected to intentionally result in deer feeding, unless such items are screened or protected in a manner that prevents deer from feeding on them. Also prohibited are salt licks and powder or liquid deer attractants, unless legally used for deer management control purposes. Living fruit trees and other live vegetation shall not be considered as deer feeding. The provisions of this division (C) shall apply to the city limits.
(D) Exceptions. This prohibition shall not apply to:
(1) Veterinarians, police officers, or county, state, or federal game officials, who are in the course of their duties, have deer in custody or under their management;
(2) Persons authorized by the city to implement the deer management program approved by the City Council;
(3) Any food placed upon the property for purposes of trapping or otherwise taking deer, when such trapping or taking is pursuant to a permit issued by the Minnesota Department of Natural Resources;
(4) Persons feeding birds using self-enclosed feeding devices or containers; or
(5) The use of straw, hay, or straw-related materials for erosion control, mulching, gardening, or other landscape purposes.
(E) Investigation and enforcement. For the purpose of discharging the duties imposed by this section and to enforce its provisions, any East Range Police Department Officer, other law enforcement service, or agent of the city, with prior approval of the City Council, is empowered to enter upon any premises to investigate or inspect the premises for prohibited deer feeding activities to eliminate the public nuisance. This section may be enforced by injunction, action for abatement, or other appropriate civil remedy to eliminate a public nuisance.
(Ord. 85, passed 7-2-2019) Penalty, see § 92.99