(a) No person shall, with the intent to attract common pigeons; crows; blackbirds; other large, flocking, wild non-game birds; nuisance animals, including, but not limited to, squirrels, raccoons, groundhogs, and deer; wild animals; domestic pets; or vermin; place any edible item in any manner or position where such edible item shall be accessible to attract common pigeons; crows; blackbirds; other large, flocking, wild non-game birds; nuisance animals, including, but not limited to, squirrels, raccoons, groundhogs, and deer; wild animals; domestic pets; or vermin.
(b) The placing of any edible item in such a manner as to attract common pigeons; crows; blackbirds; other large, flocking, wild non-game birds; nuisance animals, including, but not limited to, squirrels, raccoons, groundhogs, and deer; wild animals; domestic pets; or vermin; shall be deemed prima-facie evidence of the intent to attract such common pigeons; crows; blackbirds; other large, flocking, wild non-game birds; nuisance animals, including, but not limited to, squirrels, raccoons, groundhogs, and deer; wild animals; domestic pets; or vermin.
(c) Nothing herein shall be construed as in any manner limiting or restricting the feeding of small birds, with the exception of pigeons, from suitable containers for food, elevated at least sixty inches above the ground level and of such design and construction as to minimize any potential for food and/or seed from spilling and/or dropping to the ground.
(d) Any and all refuse or waste kept outdoors shall be stored in such a manner as to render the same inaccessible to any and all animals, birds, domestic pets, and vermin.
(e) Whoever violates this section is guilty of a minor misdemeanor for a first offense. A second conviction under this section is a misdemeanor of the fourth degree. A third conviction under this section is a misdemeanor of the third degree. The penalty shall be as provided in Section 597.02. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 1998-26. Passed 7-20-98.)