(A) Deer feeding prohibited. Except as provided in division (D), below, a person commits an offense if the person intentionally feeds deer or makes food available for consumption by deer on private or public property within the corporate boundaries of the town.
(B) A person shall be presumed to have intentionally fed deer, or made food available for consumption by deer, if the person places food or causes food to be placed on the ground outdoors or on any outdoor platform that stands fewer than six feet above the ground.
(C) For the purpose of this section, the following items shall constitute and be defined as FOOD unless otherwise excluded or permitted: corn, fruit, oats, hay, nuts, wheat, alfalfa, salt blocks, grain, vegetables, commercially sold wildlife and/or livestock feed, and any other seed, including, but not limited to bird seed, intentionally placed on the ground or other surfaces.
(D) Exceptions. This section does not apply to a law enforcement officer, veterinarian, town employee, federal or state wildlife official, or property owner who is authorized by the Indiana Department of Natural Resources to treat, manage, capture, trap, hunt, or remove deer who is acting within the scope of the person’s authority.
(E) The following are excluded from prohibition in this section:
(1) A lawn;
(2) A garden, including, but not limited to, planted material growing in gardens;
(3) Naturally growing matter, including but not limited to, fruit and vegetables;
(4) Fruit or nuts that have fallen on the ground from trees or other plants; and
(5) Bird feed in feeders placed not less than six feet above the ground.
(F) Violations. Any town law enforcement officer may issue to any person in violation of this section a notice of ordinance violation. Upon receiving any such notice, it shall be the duty of each property owner to remove any and all food placed on the property in violation of this section. Failure to remove such food within 24 hours after receiving written notice from the town or otherwise continuing to feed deer after receiving notice shall constitute violation of this chapter.
(Ord. 2024-03, passed 4-8-24) Penalty, see § 90.99