(a) Feeding Deer Prohibited.
(1) No person shall purposely feed or make food available for consumption by deer on private or public property within the City.
(2) No person shall recklessly feed or make food available for consumption by deer on private or public property within the City.
(b) Definitions.
(1) For the purposes of this section, feeding or making food available for consumption shall include the act of placing or permitting to be placed on the ground, or within five feet of the ground, any device or any fruits, grains, minerals, plants, salt licks, vegetables, seeds, nuts, hay, or any other edible materials that may reasonably be expected to result in consumption by deer, unless such items are screened or otherwise protected from deer consumption.
(2) The presumption that the placement of any fruits, grains, minerals, plants, salt licks, vegetables, seeds, nuts, hay, or any other edible materials is for consumption by deer shall not apply to the following:
A. Naturally growing materials, including but not limited to fruit, grain, nuts, seeds, hay, and vegetables.
B. Planted materials growing in gardens and lawns, as ornamental plants, or shrubs, standing crops.
C. Residue from lawns, gardens and other vegetable materials maintained as a compost or mulch pile.
D. Unmodified, commercially purchased bird or squirrel feeders or their equivalent.
(c) Removal Required. Each property owner or person having control of the property shall have the duty to remove any device or materials placed on the owner's property in violation of this section. Alternatively, a property owner or person having control of the property may modify such a device or make other changes to the property that prevent deer from having access to the materials or feeding from the device.
(d) Exceptions to Prohibitions.
(1) The prohibitions in this section shall not apply to any health department employee, law enforcement officer, or state or federal game official acting within the scope of his or her official duties.
(2) The prohibitions in this section shall not apply to feeding that is authorized in writing by the City Manager on an emergency basis, or authorized as part of a deer management program.
(e) Violations.
(1) Any person who violates subsection (a)(1) of this section is guilty of a minor misdemeanor for the first offense. For the second and subsequent violations of subsection (a)(1), the violator shall be deemed guilty of a misdemeanor of the fourth degree.
(2) Any person who violates subsection (a)(2) of this section is guilty of a minor misdemeanor.
(3) Each day that a violation continues shall be deemed a separate offense.
(4) It shall not be an element of the offense and the prosecution shall not be required to prove that any food was actually consumed by a deer.
(5) In addition to filing criminal charges, the City may initiate a civil action in an appropriate court for injunctive and other relief for a violation of this section.
(Ord. 11-2022. Passed 5-9-22.)