(a) Intent.
(1) Intentional and unintentional wildlife feeding has increased with urban encroachment into wildlife habitat. Such feeding can lead to conflicts between wild animals and people (including their pets and livestock) and dangerous situations for people and/or result in the wild animal being killed. Unless people take responsibility to remove attractants to discourage unwanted wildlife, negative encounters will occur and wild animals will be killed.
(2) This section provides a tool for law enforcement personnel to warn residents that feeding wildlife is reckless and endangers others’ safety as well as their own. We can co-exist with native wildlife if we recognize and appreciate the important role these animals play in maintaining a healthy ecosystem and ensure that our activities do not adversely alter that role. Living with the natural environment, including wildlife, greatly increases our quality of life but also requires that we take responsibility to keep wild animals wild by not introducing and habituating them to human sources of food.
(b) Definitions.
(1) “Attractant” means any substance which could reasonably be expected to attract a wild animal or does attract a wild animal, including but not limited to, garbage, food products, pet food, feed, grain or salt.
(2) “Person” means any individual, partnership, corporation, organization, trade, or professional association, firm, limited liability company, joint venture, association, trust, estate or any other legal entity, and any officer, member, shareholder, director, employee, agent or representative thereof.
(3) “Wild animal” means any animal which is not normally domesticated in this state, including but not limited to, bears, coyotes, foxes, mountain lions, deer, opossums, raccoons, skunks, seabirds and bats.
(4) “Waterfowl” means any bird that frequents the water, or lives about rivers, lakes, etc., on or near the sea; an aquatic fowl, including but not limited to, ducks, geese, swans, heron, and egrets.
(c) Prohibitions.
(1) It shall be unlawful for any person or persons to intentionally feed wild animals within the City so as to create a nuisance condition as described in subsection (c)(2) hereof or in any manner that is likely to attract rodents or other scavenger animals to the City. Feeding wild animals by placing food directly on the ground or in a container that is not at least four feet above the ground shall be deemed a violation of this section.
(2) A nuisance condition shall be deemed to exist for purposes of subsection (c)(1) hereof when, as a natural and predictable result of the amount and type of food given a wild animal or animals, and/or the repetitive nature of the feedings, make the wild animal or animals do any of the following in the City:
A. Creates a habitat on occupied residential property;
B. Causes substantial damage to tangible personal property or real property; or
C. On more than one occasion, leaves feces on residential property.
(d) Exceptions. The prohibitions of this act shall not apply to:
(1) Feeding of songbirds and other backyard birds shall be permitted outdoors at such times and in such numbers that:
A. Such feeding does not create an unreasonable disturbance that affects the rights of surrounding property owners and renders other persons insecure in the use of their property; and
B. Does not create an accumulation of droppings on the property and surrounding properties; and
C. Does not become an attractant for rodents or other wild animals; and
D. Bird feeders are placed at least five (5') feet above the ground.
(e) Enforcement and Penalties. Any person violating any of the prohibitions of this section shall be deemed guilty of a minor misdemeanor for the first offense. For the second and subsequent violations of this section, the violator shall be deemed guilty of a misdemeanor of the fourth degree. In addition, the court may order, at the violator’s expense, that the wild animal be transferred to an appropriate zoological or similar facility. If this is not practical, as an alternative, the court may order, again at the violator’s expense, that the wild animal be humanely destroyed by a qualified veterinarian.
(Ord. 10-041. Passed 9-8-10.)