A. It is unlawful for any person to intentionally or knowingly feed or attract wildlife (wild or habituated) except those birds and squirrels as allowed in section 6.04.260.C. by placing, depositing, distributing, storing, or scattering food, edible material, garbage, or other attractant, with the intent to lure, attract, entice, or feed wildlife.
B. Applicability: This chapter applies to all areas within the City of Pocatello.
C. Exceptions: This chapter does not apply to:
1. Public employees or their authorized agents acting pursuant to State of Idaho wildlife management plans or acting within the scope of their authority for the Public Safety of Big Game Management/Wildlife purposes, or conducting authorized emergency winter feeding operations, or otherwise carrying out authorized baiting, feeding, or trapping activities in accordance with wildlife management practices.
2. Any authorized facilities/individuals acting pursuant to State of Idaho and City of Pocatello permits and licenses responsible or charged with the care of wildlife (i.e. zoos, rehab facilities, or authorized and licensed wildlife rehabilitators).
3. Edible material located in a residence, closed vehicle, fully enclosed storage structure, or in an enclosed trash container.
4. A person feeding their own domestic animals including dogs, cats, chickens, horses, and livestock or a person feeding their own domestic waterfowl, pheasants, chukars, turkeys, and other animals as allowed by the Idaho Department of Agriculture rules and with the appropriate permits, if necessary.
5. Seeds, nectar, and other material in feeders elevated at least five (5) feet above the ground for birds (other than wild turkey and waterfowl) or tree squirrels placed specifically to attract wild birds (other than wild turkey and waterfowl) or tree squirrels.
6. Ornamental plants, vegetable gardens, fruit-bearing trees, flower gardens, lawn, naturally growing vegetation (both native and non-native species), native vegetation species intentionally cultivated, and the part of those plants or trees and the fruit/berries that fall to the ground from them.
7. Compost piles that are fully contained and made inaccessible to wildlife.
8. Persons who are engaged in a lawful trapping activity allowing edible bait with all appropriate licenses and/or permits from IDFG and according to both State of Idaho and City of Pocatello rules and regulations for such trapping activity. Activities include lawful recreational trapping of wildlife and lawful trapping of nuisance wildlife by both public and authorized agents of the State of Idaho, the City of Pocatello, and U.S. Department of Agriculture Wildlife Services.
D. Enforcement: A City of Pocatello Animal Control officer, a Pocatello Police Officer, or any other State of Idaho certified Peace Officer may investigate and issue a warning or citation for a violation of this ordinance.
E. Penalties: Any violation of this ordinance is an Infraction, punishable by a fine of one hundred dollars ($100.00) and subject to the provisions of Pocatello Municipal Code section 1.04.040. (Ord. 3059, 2020)