(a) No person shall, with the intent to attract common pigeons; crows; blackbirds; other large flocking, wild 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 such birds, animals and vermin.
(b) The placing of any edible item in such a manner as to attract common pigeons; crows; blackbirds; other large, flocking, wild 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 birds, animals and vermin.
(c) Nothing herein shall be construed to in any manner limit or restrict the feeding of small birds, with the exception of common pigeons, crows, blackbirds, and other large, flocking wild birds from suitable containers for food, elevated at least 48 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) No person maintaining a bird feeder in accordance with this section shall allow spilled food or seed to remain under and around the stationary feeder. Such feeding shall be allowed so long as it does not create a nuisance or interfere with another’s property. Such activity shall include, but not be limited to: excessive animal noise; excessive amount of animal droppings or attracting animals that burden neighboring properties.
(e) 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.
(f) 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 penalties shall be provided in accordance with Section 501.99(a)(2)B.1. Each day that such violation continues shall be deemed a separate offense.
(Ord. 22-2012. Passed 4-10-12.)