(a) Deer Feeding Prohibited. Except as provided in subsection (d) below, no person shall intentionally feed deer within the Village.
(b) Feeding Defined. For the purposes of this section, feeding shall include the act of placing or permitting to be placed on the ground, or within five feet of the ground, any device or any fruits, grains, minerals, plants, salt licks, vegetables, seeds, nuts, hay, or any other edible materials that may reasonably be expected to result in deer feeding, unless such items are screened or otherwise protected from deer consumption.
The presumption that the placement of any fruits, grains, minerals, plants, salt licks, vegetables, seeds, nuts, hay, or any other edible materials is for the purpose of feeding deer shall not apply to the following:
(1) Naturally growing materials, including but not limited to fruit, grain, nuts, seeds, hay, and vegetables.
(2) Planted materials growing in gardens, as standing crops, or in a wildlife food plot.
(3) Residue from lawns, gardens & other vegetable materials maintained as a mulch pile.
(4) Stored crops, provided that the crop is not intentionally made available to deer.
(5) Spills of seed materials intended for planting or crop materials that have been harvested if the spills are incidental to normal agricultural operations and such materials are not intentionally made available to deer.
(6) Unmodified, commercially-purchased bird or squirrel feeders or their equivalent.
(7) Temporary, seasonal or ornamental decorations as determined by the Village Manager.
(c) Removal Required. Each property owner shall have the duty to remove any device or materials placed on the owner’s property in violation of this section. Alternatively, a property owner may modify such a device or make other changes to the property that prevent deer from having access to the materials or feeding from the device. Failure to remove such materials or to make such modifications within twenty-four (24) hours after notice from the Village shall constitute a separate violation.
(d) Exceptions to Prohibition.
(1) The prohibition in subsection (a) shall not apply to any health department employee, law enforcement officer or state or federal game official acting within the scope of his or her official duties. Nor shall the prohibition in subsection (a) apply to feeding activities permitted by the Ohio Division of Wildlife hunting regulations when performed by an individual holding valid local and state deer hunting permits and in those areas where deer hunting is authorized pursuant to Section 505.111
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(2) The prohibition in subsection (a) hereof shall not apply to feeding that is authorized by the Village Manager on an emergency basis.
(e) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 14-07. Passed 10-17-07.)