[HISTORY: Adopted by the Board of Selectmen
of the Town of Simsbury as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-13-2020]
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:
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.
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.
The Town of Simsbury.
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.Â
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.Â
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.Â
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.
A.Â
Unintentional feeding of wildlife. "Unintentional feeding of wildlife"
means using or placing any material for a purpose other than to intentionally
attract, entice, or feed wildlife but which results in unintentionally
attracting, enticing, or feeding of wildlife. Composting that was
properly secured but unintentionally led to the feeding of wildlife
is excluded.
(1)Â
Unintentional feeding will become intentional feeding if a written
notice is issued by an authorized enforcement agency and ignored.
B.Â
Feeding birds. Bird feeders may be used from December 1 through March
31.
(1)Â
If the source is recognized as not desirable to bears, such as but
not limited to Nyjer or thistle, bird feeders may be used year round.
C.Â
Permitted activity. This article does not apply to any person with
a valid permit issued by the State of Connecticut, Department of Energy
and Environmental Protection.
D.Â
Wildlife rehabilitation. Any person providing care to wildlife for
the purpose of an animal's rehabilitation due to illness or injury,
as part of a recognized for-profit or nonprofit entity providing for
such care of wildlife.
A.Â
Whenever the authorized enforcement agency determines that a person
has violated this article, the authorized enforcement agency is authorized
to issue a fine to the violator in the amount of $250 for each offense.
Any violation continued more than one day shall constitute a separate
offense for each day such violation continues.
B.Â
After two or more violations of this article have been cited to any
person, the Town may initiate a civil action in Superior Court for
injunctive relief to prohibit and prevent such violation or violations,
and the court may proceed in the action in a summary matter.
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.
