(A) Deer feeding prohibited. Except as provided in division (D) of this section no person shall knowingly, purposely, or intentionally feed deer within the village.
(B) Feeding defined.
(1) 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.
(2) 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:
(a) Naturally growing materials, including but not limited to fruit, grain, nuts, seeds, hay, and vegetables.
(b) Planted materials growing in gardens and lawns, as ornamental plants or shrubs, standing crops.
(c) Residue from lawns, gardens and other vegetable materials maintained as a mulch pile.
(d) Stored crops, provided that the crop is not intentionally made available to deer.
(e) 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.
(f) Unmodified, commercially-purchased bird or squirrel feeders or their equivalent.
(g) Temporary, seasonal or ornamental decorations as determined by the Village Manager.
(C) Removal required. Each property owner or person having control of the property 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 or person having control of the property 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.
(D) Exceptions to prohibition.
(1) The prohibition in division (A) of this section 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.
(2) The prohibition in division (A) of this section shall not apply to feeding that is authorized by the Village Manager on an emergency basis, or authorized as part of a deer management program.
(E) Failure to remove such materials or to make such modifications within 48 hours after written notice from the village shall constitute a violation. Each subsequent 24 hour period during which the owner or person having control of the property fails to comply with this legislation shall constitute a separate violation.
(F) Violations of this section shall be a:
(1) Minor misdemeanor for the first offense;
(2) Fourth degree misdemeanor for the second offense;
(3) Third degree misdemeanor for the third offense;
(4) Second degree misdemeanor for the fourth offense; and
(5) First degree misdemeanor for each subsequent offense.
(Ord. 2016-6, passed - - )