The Town of Simsbury, under its powers pursuant to state law,
has adopted this article to protect public health, safety, and welfare
by prohibiting the intentional feeding of wildlife. This article is
intended to assist our residents, guests, and other stakeholders peacefully
and safely coexist with wildlife.
When used in this article, the following definitions apply:
AUTHORIZED ENFORCEMENT AGENCY
All sworn personnel of the Police Department and Animal Control
Officers. Additionally, any employees or designees of the Town as
designated by the Town Manager to enforce this article.
PERSON
Shall be construed to mean and include an individual, a corporation,
a partnership, a nonprofit, a trust, an unincorporated organization,
business organization of any kind or any other group or organization.
TOWN
The Town of Simsbury.
WILDLIFE
Includes, but is not limited to, nondomesticated animals
that due to intentional feeding have been determined to be a nuisance
or threat to public health, safety, and welfare, such as bears, deer,
coyotes, bobcats, fisher cats, turkeys and wild birds. Wildlife does
not include livestock used for agricultural purposes.
In recognition that these animals are wild and should be left
alone for the health, safety, and welfare of both the wildlife and
our residents, guests, and other stakeholders, the following is prohibited
activity:
A. Intentional feeding of wildlife. Feeding, giving, placing, exposing,
depositing, distributing or scattering any edible material, attractant,
or other substance with the intention of feeding, attracting or enticing
wildlife.
B. Feeding birds. Bird feeders may not be used from April 1 through
November 30, unless the source is recognized as not being desirable
to bears, such as but not limited to Nyjer or thistle.
C. Improperly storing food, refuse, or other wildlife attractants. Improperly
storing food, pet food, refuse (garbage), or other attractants and
substances in a manner that results in wildlife feedings.
Any person receiving a fine may appeal the determination of
the authorized enforcement agency. The notice of appeal must be received
in writing and filed with the Town Clerk's office within 10 business
days from receipt of the notice of the fine. The appeal shall be deemed
received by the Town on the first business day following the day it
is filed with and received by the Town Clerk's office. Hearing
on the appeal before the hearing officer shall take place within 30
business days from the date of receipt of the notice of appeal. The
decision of the hearing officer may be appealed to Superior Court.