(a) Prohibition. No person shall purposely place any edible item in an manner or position where such edible item shall be accessible to attract common pigeons, crows, blackbirds; other large, flocking, wild non-game birds; nuisance animals, including but not limited to feral cats and dogs, squirrels, raccoons, groundhogs, and deer; wild animals; domestic pets; or vermin. This section shall not apply to animals owned by or in the continued possession of that person.
(b) Exceptions. The provisions of this section shall not apply to the following:
(1) The feeding of squirrels or small birds, with the exception of pigeons, from a commercial stationary squirrel or bird feeder or container for food located in the rear yard elevated at least sixty (60) 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. The number of commercial feeders or containers shall be limited to a maximum total of three (3). In no event shall any stationary feeder or container be less than five (5) feet from the boundary line of any adjacent property owner.
(2) Any animal welfare organization registered with the City to promote animal care through a Trap-Neuter-Return (“TNR”) Program in which feral and stray cats are trapped, sterilized, vaccinated against rabies, ear tipped, and thereafter released to a qualified caregiver sponsored by and under the supervision of a registered animal welfare organization.
(c) Secured Outdoor Storage. 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.
(d) Penalty. Whoever violates this section is guilty of a minor misdemeanor for a first offense, a fourth degree misdemeanor for the second offense, and a third degree misdemeanor for a third or subsequent offense. The penalty shall be as provided in Section 501.99. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2015-17. Passed 10-6-15.)