[Added 8-5-2002 by Ord. No. 247]
A. 
The large number of fowl attracted by feeding and baiting in and around both public and private swimming and recreational areas, parks and boat launching areas of lakes, ponds, streams and the Kennebec River in Augusta increases the presence of harmful bacteria which present a threat to public health and well being. Fecal matter from waterfowl contributes to the phosphate loading of water bodies, thereby resulting in lessened water quality. Large numbers of waterfowl feeding, trampling and defecating cause property damage to structures, equipment, crops, and terrain and constitute a nuisance and health hazard to citizens.
B. 
The purpose of this article is to control the feeding and baiting of migratory and nonmigratory waterfowl (hereinafter referred to as "fowl") and those fowl classified as gulls in order to protect the public health and property and the water quality of lakes, ponds, rivers and streams in Augusta by reducing the amount of fecal matter from these fowl deposited in the water and on the adjacent public and private shoreline and waterfront property caused in part by the feeding and baiting of these fowl by the public.
A. 
No person, except the Commissioner of the Maine Department of Inland Fisheries and Wildlife or his/her designee or the Director of the U.S. Fish and Wildlife Service or his/her designee in the conduct of waterfowl management practices, shall engage in the regular practice of feeding or baiting any migratory or nonmigratory waterfowl or fowl in or over the water within the shoreland protection area in the City of Augusta as identified in the Shoreland Zoning Ordinance of the City of Augusta in any manner that increases the public health risks identified in § 119-16.
B. 
This article is not intended to prohibit the raising of domestic waterfowl as allowed by any other ordinance(s), except that domestic waterfowl must be securely contained or penned in an enclosure in an area so as to prevent fecal matter from the waterfowl entering into lakes, ponds, streams and the Kennebec River in the City of Augusta.
As used in this article, the following definitions shall apply unless the context clearly indicates another meaning:
FEEDING and BAITING
The placing, exposing, depositing, distributing or scattering, directly or indirectly, of shelled corn, shucked or unshucked corn, wheat or other grains, bread, salt or any other feed or nutritive substances, in any manner or form, so as to lure, attract, or entice fowl to, on or over any such areas where such feed items and/or materials have been placed, exposed, deposited, distributed or scattered.
WATERFOWL and FOWL
Any waterfowl of the family Anatidae (ducks and geese) and/or the family Laridae (gulls), either migratory, nonmigratory or resident fowl.
This article may be enforced by any Animal Control Officer, Code Enforcement Officer, Health Officer or his/her designee or police officer of the City of Augusta.
Whoever violates any provisions of this article shall be fined $100 for each offense to be recovered, on complaint, to the use of the City of Augusta. Each day in which a violation is proved shall constitute a separate and new offense under this section. If the City is the prevailing party in any action brought to enforce this article, the City must be awarded reasonable attorney's fees, expert witness fees, and costs. Civil process of the complaint may be waived by payment to the City of Augusta of the fine within seven days of the date of the complaint.