(A) Title. This section shall be entitled "Prohibition on the Feeding of Feral and Stray Cats".
(B) Purpose. The City of Croswell finds that the feeding of unconfined, wild, stray or feral cats can be detrimental to wild and domestic animals, causes a public health nuisance, jeopardizes public property, and constitutes a safety hazard that is detrimental to the general health, safety, and general welfare of the public and animals.
(C) Definitions. As used in this section, the following terms will be defined as follows:
FEED OR FEEDING. The act of furnishing, exposing, placing, depositing, distributing or scattering, whether intentionally or negligently, any food or water, or substance of any kind which is likely to attract, lure, or entice wild animals or feral or stray cats.
FERAL CATS. Those cats that live outdoors, are generally not socialized to people, and are wild and do not belong to anyone. Feral cats are the result of a domestic cat being abandoned or lost and left to fend for itself or have liters of cats which are wild and do not have an owner.
NUISANCE. Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; creates smells or offensive debris or orders, leaves offensive or rotting food, a member of the public, or creates a hazard, or interferes with public use of lands or obstructs or renders dangerous any street, highway, navigable lake or stream; or renders the public insecure in life or property.
STRAY CAT. A cat that used to have a home. Strays are more likely to approach people because they were previously socialized and relied on humans to help feed and shelter them. Stray cats are generally abandoned cats without an owner.
WILD ANIMAL. Any species of animal wild by nature, as distinguished from the common domesticated animals. A wild animal is one that can survive in its natural environment without the help or assistance of humans, including but not limited to raccoons, bears, coyotes, deer, foxes, groundhogs, opossums, skunks, rats, mice, squirrels and waterfowl.
(D) Prohibited conduct.
(1) With the exception of nationally-recognized programs approved by City Council, it shall be unlawful for any person, or agent thereof to feed feral or stray cats upon public property. Programs will be overseen by the City Administrator and the Chief of Police.
(2) It shall be unlawful to authorize or aid or abet any other person to feed feral or stray cats upon public property.
(3) It shall be unlawful to leave or store any refuse, garbage, food, food waste, pet food, seed or bird seed, fruit, meat, dairy, vegetable, grain or other food in a manner likely to feed feral or stray cats on public property.
(4) It shall be unlawful to leave or store any refuse, garbage, food, food waste, pet food, seed or bird seed, fruit, meat, dairy, vegetable, grain or other food in a manner in a public area that has caused a nuisance.
(E) Penalty. A violation of the section shall be a municipal civil infraction as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, Section 600.8701, et. seq. as amended.
(1) Municipal violation notice. The penalty for a notice of violation under the authority of M.C.L.A. §§ 600.8707, 600.8707(6), shall be a notice violation in the amount set forth in § 10.98, Municipal civil infractions, payable at the Violation Bureau.
(2) Municipal civil infraction. The sanction and penalty for a municipal civil infraction shall be payable at the court. The sanction for a municipal civil infraction shall be up to $500.00, plus additional costs, damages, expenses and other sanctions and injunctive relief, as authorized under the Municipal Civil Infraction Statute Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended. This section shall be enforceable to the fullest extent allowed under the municipal civil infraction enabling statute as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, Section 600.8701, et. seq. as amended.
(3) Additional remedies. A violator of this section shall also be subject to such additional sanction's remedies, and/or judicial orders and/or judgments as are authorized and provided under the statutes and laws of the State of Michigan. Each day a violation of this section occurs and/or continues to exist constitutes a separate violation. Any violation of this section is declared to be a public nuisance per se.
(Ord. 347, passed 12-6-21; Am. Ord. 347-1, passed 2-22-22)