(A) Prohibition. The City Council finds that the feeding of wild animals by placing grain, fruit, vegetables, nuts, hay, salt, mineral or other edible material, upon real property for the purpose of attracting wild animals to eat such food source has the effect of enticing wild animals from their natural habitat into an unnatural urban environment, thereby endangering the wild animals, resulting in an unnatural growth of the wild animal population, resulting in an unnatural loss of the wild animal’s instinctive avoidance of humans, resulting in reliance of the wild animals upon such food source, and also endangering persons and domestic animals, and resulting in damage to property. No person shall feed or allow the feeding of wild animals in city limits.
(B) Evidence; presumptions.
(1) There shall be a rebuttable presumption that the following acts are for the purpose of feeding wild animals:
(a) The placement of one-half cubic foot or more of grain, fruit, vegetables, nuts, hay, salt, mineral or other edible material, either on the ground or at a height of less than five feet above the ground; and
(b) The placement of grain, fruit, vegetables, nuts, hay, salt, mineral or other edible material in an aggregate quantity of greater than one-half cubic foot in a drop feeder, automatic feeder or similar device regardless of the height of the grain, fruit or vegetable material.
(2) It shall be an affirmative defense to any prosecution hereunder that the placement of grain, mineral, fruit, plant, salt, vegetable or other material in an aggregate quantity of greater than one-half cubic foot or more was placed not less than five feet above the ground and was not accessible to wild animals, or that the unnatural food source was placed in good faith for the purpose of feeding animals, except those animals prohibited in § 90.04(B) and division (A) above, by or at the request of a person owning or having responsibility for such animals, or that the unnatural food source was placed in good faith for a purpose other than attracting deer or other wildlife and that the attraction of wild animals is only an incidental result.
(C) Removal.
(1) Each property owner shall have the duty to remove any device placed on the owner’s property to which wild animals are attracted or from which wild animals actually feed. Alternatively, a property owner may modify such a device or make other changes to the property that prevents wild animals from having access to or feeding from the device.
(2) Failure to remove such a device or to make such modifications within 24 hours after notice from the city shall constitute a separate violation of this chapter.
(D) Application. This chapter shall not apply to the following situations:
(1) Nothing in this section shall be construed to apply to any governmental agency or to any employee or authorized agent thereof in the course of his or her employment or agency who in the course of his or her duties have wild animals in their custody or under their management;
(2) Naturally growing materials. Naturally growing grain, fruit or vegetable material, including gardens and residue from lawns, gardens and other vegetable materials maintained as a mulch pile;
(3) Bird feeders. Unmodified commercially purchased bird feeders or their equivalent; or
(4) Authorized by the City Council. The feeding of wild animals may be authorized on a temporary basis by the City Council for a specific public purpose as determined by the City Council.
(Prior Code, § 4-A-06) (Ord. 1126, passed 2–12-2013) Penalty, see § 90.99