Loading...
(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
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE. To reduce, stop, or prevent a pigeon nuisance.
FEEDING. Providing food to pigeons. Food may include, but is not limited to, grain, seed, greens, breadcrumbs, and other miscellaneous food scraps, including garbage not properly contained or disposed of. FEEDING shall not include the providing of food to pigeons as part of an appropriate population control or flock reduction program.
PIGEON. Columba livia, also known as the Rock Pigeon or Rock Dove. For the purposes of this section, PIGEON includes any feral PIGEON and does not include domestic PIGEONS used for recreation, racing, or show.
PIGEON HARBORAGE. Any condition which provides shelter, nesting sites, or protection for pigeons, thus favoring their multiplication and continued inhabitancy in, under, or outside a structure or premise. Housing, care, or shelter provided for injured or ill pigeons that are being rehabilitated is not considered PIGEON HARBORAGE.
PIGEON NUISANCE. The congregation of pigeons at a location when such congregation of pigeons results in the accumulation of pigeon droppings or other pigeon-related waste. In addition, PIGEON NUISANCE shall include the accumulation of pigeon excrement, nesting materials, pigeon carcasses, and/or other pigeon-related detritus that may be damaging to property, or pose a threat to public health and welfare.
PIGEON-PROOFING. Actions taken to abate a pigeon nuisance. The actions may include, but are not limited to:
(a) Construction to prevent the ingress of pigeons into or under buildings or structures from the exterior;
(b) Steps taken to prevent the congregation of pigeons in a given location, including the addition of anti-roosting spikes, mesh, or other materials to prevent roosting; or
(c) The removal or covering of sources of food for pigeons.
PROPERTY. Real property and/or improvements including land, buildings, and structures regardless of use for residential, commercial, or other purposes.
RESPONSIBLE PARTY. The person or persons who hold legal or equitable interest in property which empowers them to take appropriate actions to abate a pigeon nuisance found to exist on that property. This may include, but not be limited to, a person with ownership, condominium rights, time-share rights, leasehold rights, or an easement, license, contractual right, and any right or obligation to manage or act as agent or trustee for any person holding any of the foregoing interests. The owner of real property shall be presumed to be a RESPONSIBLE PARTY.
(B) Investigation and abatement of a pigeon nuisance.
(1) There shall be an investigation of any complaint made to the City Clerk's Office to determine if a pigeon nuisance exists. In addition, the City Clerk's Office may initiate an investigation to determine if a pigeon nuisance exists when there has been no complaint made.
(2) The City Clerk's Office shall determine if a pigeon nuisance exists.
(3) The City Clerk's Office shall attempt to contact the property owner and any person on the property who appears to be a responsible party to notify them that a pigeon nuisance has been determined to exist.
(4) An abatement agreement may provide for the use of any pigeon-proofing method agreed upon by the City Clerk's Office and the responsible party. If the abatement and/or pigeon-proofing involves the removal of accumulations of pigeon excrement, nesting materials, pigeon carcasses, or other pigeon-related detritus, the method selected for such removal shall protect human health and ensure that ground water, surface water, and real property are not contaminated by the waste.
(5) If the City Clerk's Office determines that the responsible party is in violation of this section and is unwilling to comply with this section, or if the responsible party fails to act on or complete the terms and conditions agreed to in an abatement agreement by the time or times set forth in the agreement, the City Clerk's Office may proceed to seek the penalties provided in § 92.99.
(C) Inspection of buildings, premises, and vacant lots. The City Clerk's Office is authorized, by obtaining consent of the owner or occupant, and at reasonable times, to make such inspections of property as is necessary to perform a thorough investigation. For the purpose of making such inspections, the City Clerk's Office is authorized to enter onto premises to examine and/or survey property only after reasonable notice to and consent from the owner and any person occupying the property. Such entry shall be made in a manner as to cause the least reasonably possible inconvenience to the person in control of the property. In the event that entry is denied, the City Clerk's Office shall obtain an order for this purpose from a court of competent jurisdiction.
(D) Pigeon feeding violations and penalties.
(1) It is a violation of this section for any person to intentionally feed pigeons on any public or private property within the city.
(2) It is a violation of this section for any person to permit or allow the placement or discard of food, food by-products, vegetables , garbage or animal food of any kind in a manner that such person knows will reasonably result in the feeding, lingering, roosting, and/or congregating of pigeons.
(3) This prohibition does not extend to domesticated birds used for recreation, racing, or show, or to injured or ill pigeons that are being rehabilitated and are kept at all times in cages, or that are prevented from creating pigeon nuisance conditions.
(4) This prohibition does not extend to birdseed or bird food set out in bird feeders or otherwise provided to birds other than pigeons, provided that the birdseed or bird food does not attract significant numbers of pigeons or create conditions that constitute a pigeon nuisance.
(5) Each act in violation of this section shall constitute a public nuisance and a separate violation. Any person who violates this section shall be subject to the penalties set forth in § 92.99.
(E) Pigeon nuisance violations and penalties.
(1) No person shall create or foster any condition or allow any condition to exist or continue which in any way harbors a number of pigeons or results in an infestation of pigeons that would constitute a pigeon nuisance.
(2) No person shall allow the accumulation of pigeon excrement, nesting materials, pigeon carcasses, and/or other pigeon-related detritus that would constitute a pigeon nuisance on property where the person is the owner or occupant.
(3) Each act in violation of this section shall constitute a public nuisance and a separate violation. Any person who violates this section shall be subject to the penalties set forth in § 92.99.
(F) Additional remedies. Nothing in this ordinance shall be construed to preclude the city from seeking any other remedy available in law or equity.
(Ord. 85, passed 7-2-2019) Penalty, see § 92.99
ANIMALS AND FOWL; KEEPING, TRANSPORTING, TREATMENT, HOUSING
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMALS. Includes farm animals and all other animals, reptiles, and feathered birds or fowl, except dogs, cats, gerbils, hamsters, and caged household birds.
FARM ANIMALS. Cattle, mules, sheep, goats, swine, ducks, geese, turkeys, chickens, guinea hens, honey bees, and mink.
(Ord. 85, passed 7-2-2019)
It is unlawful for any person to keep or harbor any animal, not in transit, except:
(A) Farm animals kept as part of an agricultural operation established prior to six years from the effective date of this subchapter;
(B) Animals kept in a laboratory for scientific or experimental purposes; or
(C) Animals kept in an animal hospital or clinic for treatment by a licensed veterinarian.
(Ord. 85, passed 7-2-2019) Penalty, see § 92.99
It is unlawful for any person to keep any horse, pony, or foal on any land of less than 25 acres. It is unlawful for any person to keep more than four horses, ponies, or foals.
(Ord. 85, passed 7-2-2019) Penalty, see § 92.99
It is unlawful for any person to transport animals unless they are:
(A) Confined within a vehicle, cage, or other means of conveyance;
(B) Farm animals being transported in the agricultural portion of the city; or
(C) Restrained by means of bridles, halters, ropes, or other means of individual restraint.
(Ord. 85, passed 7-2-2019) Penalty, see § 92.99
Loading...