It shall be unlawful for any person or persons to:
(a) Intentionally feed at-large or wild animals within the City, including but not limited to, pigeons, sea gulls, geese, raccoons, dogs, or cats, by placing any food, food scraps or other edible or inedible items for the purpose of attracting or feeding such animals so as to create a nuisance condition or create unclean, unsanitary, unsightly or odoriferous conditions, thereby creating a threat to public health, safety, or welfare, described in subsection (b) herein. A domesticated animal shall be deemed "at large" when it is off the property of its owner and not under the reasonable control of a competent person. The scattering of food or food scraps on the ground shall constitute prima facie evidence that the individual intended to violate this section.
(b) A nuisance condition shall be deemed to exist for purposes of subsection (a) herein when, as a natural and predictable result of the amount and type of food given, a wild or at-large animal and/or the repetitive nature of the feedings made, the wild or at-large animal does any of the following in the City:
(1) Creates a habitat on residential property, damaging to the property;
(2) Causes substantial damage to tangible personal or real property;
(3) On more than one occasion, leaves visible feces on property;
(4) Creates an unclean, unsanitary, or unsightly condition to the property, including that of an owner or occupant;
(5) Creates offensive or obnoxious odors; and/or
(6) Creates frequent or continued noise that unreasonably disturbs the comfort of others.
(c) In the event any officer of the City determines that a nuisance exists within the meaning of this section, such officer shall cause written notice to be served on the violator, requiring such person to abate the nuisance within the time specified. If the person fails to abate the nuisance as required, the City may undertake such abatement and charge the costs against the violator, payment of which may be assessed as a lien on the violator's property. For purposes of this section, the violator will be presumed on occupied property to be the occupant thereof.
(Ord. 752. Passed 6-19-02.)