§ 94.06  FEEDING DEER; PROHIBITED.
   (A)   Feeding prohibited.  Residents are prohibited from overtly and intentionally feeding deer for the following reasons:
      (1)   There is an increased risk of spreading disease among the herd when deer are concentrated in one place through purposeful feeding, by promoting contact between a sick animal and healthy animals;
      (2)   An increased chance of exposing self, family or pets to ticks that carry Lyme Disease (Borrelia burgdorferi), and to other diseases that may be carried by deer or insects transported by deer; and
      (3)   Reduced fear of humans, leading to increased property damage, car/deer accidents and other concerns.
   (B)   Prohibition.
      (1)   No person may place or allow any device or any fruit, grain, mineral, plant, salt, vegetable or other material to be placed outdoors on any public or private property for the purpose of attracting or feeding deer.
      (2)   Each property owner or occupant of the property shall have the duty to remove any materials placed on the owner’s property in violation of this chapter. Failure to remove the materials within 24 hours after notice from the city shall constitute a violation of this chapter.
      (3)   Each property owner or occupant of the property shall have the duty to remove any device placed on the owner’s property to which deer are attracted or from which deer actually feed. Alternatively, a property owner or occupant may modify the device or make other changes to the property that prevent deer from having access to or feeding from the device. Failure to remove the device or to make modifications within 24 hours after notice from the city shall constitute a violation of this chapter.
   (C)   Rebuttable presumption.  There is a rebuttable presumption that the placement of fruit, grain, mineral, plant, salt, vegetable or other materials in a drop feeder, deer feeder kit, automatic feeder or similar device regardless of the height of the fruit, grain, mineral, plant, salt, vegetable or other material is for the purpose of feeding deer.
   (D)   Exceptions.
      (1)   Naturally growing materials.  This chapter does not apply to naturally growing materials, including, but not limited to, fruit, grain, nuts, seeds and vegetables.
      (2)   Planted materials.  This chapter does not apply to planted materials growing in gardens, as standing crops or in a wildlife food plot.
      (3)   Stored crops.  This chapter does not apply to stored crops, provided that the stored crop is not intentionally made available to deer.
      (4)   Incidental spills.  This chapter does not apply to spills of seed materials intended for planting or to crop materials that have been harvested if the spills are incidental to normal agricultural operations and those materials are not intentionally made available to deer.
(Ord. 2009-17, passed 8-25-2009)  Penalty, see § 94.99