(A) Findings and purpose. It is found that feeding wild birds out-of-doors during the winter season is a recognized and commendable practice. It is further found that, uncontrolled, the practice of bird feeding can attract large numbers of birds in a concentrated area and droppings on public and private property can thereby become a nuisance and result in a health hazard. Also, the indiscriminate practice of scattering bird feed on the ground or unprotected places can attract wild birds to a place where they are vulnerable to predators. The purposes of this section are:
(1) To assure the enjoyment of neighborhood properties by avoiding a nuisance;
(2) To protect the health of persons present; and
(3) To protect birds from predators.
(B) Definition and description.
(1) As used in this section,
BIRD FEEDER means a container used or intended to contain and dispense bird feed of any kind out-of-doors.
(2) All bird feeders shall be at least five feet above the surrounding ground or structural surface and supported:
(a) If from below, by a metal pole or pole of other material completely and continuously covered on all vertical surfaces by metal for at least three feet, and which pole shall have a circular concave metal protector at least 12 inches in diameter, arched downward; or
(b) If from above, by a straight, smooth, all-metal hanger at least three feet long.
(3) All bird feeders shall be equipped with a cover or roof to protect the contents from natural precipitation.
(4) As to all limitations on bird feeder capacity stated in this section, where there are multiple bird feeders on the same premises, the limitations shall refer to the aggregate of all bird feeders and not to each such facility.
(C) Unlawful acts.
(1) It is unlawful to place feed intended for birds upon the ground or any other surface or in a container other than a bird feeder, as defined and described in this section.
(2) It is unlawful to place a bird feeder on public property, on premises occupied by or used for a commercial or industrial purpose, on premises occupied by another, or on residential property less than 20 feet from any lot line or other ownership boundary.
(3) It is unlawful for any owner, or other person in possession of a single-family residential property, to place or maintain thereon a bird feeder(s) having a capacity in excess of 300 cubic inches.
(4) It is unlawful for any owner, or other person in possession of a two-family residential property, to place or maintain thereon a bird feeder(s) having a capacity in excess of 350 cubic inches.
(5) It is unlawful for any owner, or other person in possession of a multiple family, other than two-family, residential property, to place or maintain a bird feeder(s) having a capacity in excess of 400 cubic inches.