No person shall place or allow any feeding 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. Pursuant to this chapter, a rebuttable presumption is created that the placement of fruit, grain, mineral, plant, salt, vegetable, or other material (“fee materials”) in a drop feeder, deer feeder kit, automatic feeder, any natural object (hollowed tree stump, etc.) or similar device (“feeding device”) regardless of the height of the fruit, grain, mineral, plant, salt, vegetable, or other material is for the purpose of feeding deer.
1. Each property owner or occupant of the property shall have the duty to remove any feed materials placed on the owner’s property in violation of this ordinance. Failure to remove feed materials within twenty four (24) hours after notice from the City shall constitute a violation of this ordinance.
2. Each property owner or occupant of the property shall have the duty to remove any feeding 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 a feeding device or make other changes to the property that prevent deer from having access to or feeding from the feeding device. Failure to remove such a feeding device or to make such modifications within twenty four (24) hours after notice from the City shall constitute a violation of this ordinance.
3. Exceptions.
A. Naturally Growing Materials. This ordinance does not apply to naturally growing materials, including, but not limited to, fruit, grain, nuts, seeds, and vegetables.
B. Planted Materials. This ordinance does not apply to planted materials growing in gardens, as standing crops, or in a wildlife food plot.
C. Stored Crops. This ordinance does not apply to stored crops, provided that the stored crop is not intentionally made available to deer.
D. Incidental Spills. This ordinance 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 such materials are not intentionally made available to deer.
4. Penalties. Any person violating any provision of this article shall be subject to a civil penalty for a municipal infraction as set forth in Section 4.04 of the Code of Ordinances for the City of Windsor Heights, Iowa. Each day a municipal infraction occurs and/or is permitted to exist constitutes a separate offense.
(Section 55.03 – Ord. 19-08 – Oct. 19 Supp.)