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A. It shall be a noncriminal civil infraction for a person, without authorization, to feed any wildlife within the City.
B. No person shall be subject to prosecution under this section unless, within six (6) months immediately preceding the date of the alleged violation, such person has been issued either: 1) a written warning stating that such feeding is prohibited by the provisions of this section, or 2) a citation for an alleged violation of this section.
C. The provisions of this section shall not apply to animals in the possession and control of an animal shelter, bird rescue, accredited zoo, education center or any other facility licensed, administered or under contract by the State or Federal government, or any political subdivision thereof.
D. The warning process shall be as follows:
1. A written warning pursuant to subsection B of this section will be issued if, upon investigation, it is established that there is one witness to the feeding of wildlife. The complaining witness may be relied upon as a witness in meeting this requirement.
2. The warning shall be sufficient if it cites this section, states that a complaint has been received, that the person has been witnessed feeding wildlife, identifies the date and time of the feeding of wildlife, identifies the witness to the feeding of wildlife and identifies the location of wildlife feeding within the City limits.
3. A warning shall be sufficient if it is posted on the subject premises.
4. After a warning is issued, the offending condition shall be cured within twenty four (24) hours.
5. The City shall keep records of all warnings given and the records shall be prima facie evidence that the warnings were given. (Ord. 18-114)