Wherever in this article the following terms shall appear, the
meanings set forth opposite each term in this section shall be ascribed
to them, unless the context in which the term appears require a different
meaning.
It is the purpose of the city to protect the health and welfare
of citizens and where possible, work closely with citizens. Education
of public is defined in this article as making available key information
on the ordinance topic by postings in public places, newsletters,
and information packets.
Any device that distributes food products to wildlife.
Any organic substance edible by wildlife. This includes:
bread products, corn, fruit, oats, hay, nuts, wheat, alfalfa, salt
blocks, feed, grain, vegetables, and commercially sold wildlife feed,
or livestock feed, but excludes live naturally growing shrubs, live
crops, plants, flowers, vegetation, gardens, trees, and fruit or nuts
that have fallen on the ground or are within reach of wildlife.
A device that through gravity, allows food to fall to a port
where wildlife can eat.
Food distribution to wildlife by hand without the use or
assistance of a feeder device.
An automatic or timer-controlled feeder designed to distribute
food at specific times.
Any nondomesticated animal, other than livestock, that is
native to a foreign country or of foreign origin or character and
is not native of the United States or is found wild in the United
States. This shall include but not limited to:
Reptiles: venomous reptiles, any type of crocodile or alligator;
or
Fish: piranha; or
Birds: condors, eagles, hawks, falcons, owls; or
Mammals: ocelots, lions, tigers, jaguars, leopards, cougars,
wolves, or wolf hybrids, dingoes, coyotes, and coyote mixes, jackals,
weasels, martens, minks, badgers, skunks, bats, raccoons, pandas,
bears, kangaroos, opossums, sloths, anteaters, armadillos, monkeys,
chimpanzees, gorillas, orangutans, porcupines, antelope, deer, foxes,
elephants, lynx, camels, squirrels; or
Any species of animal illegal to own under federal, state or
local law.
(Ordinance 2002 adopted 9/16/21)
(a)
Education of public.
The city intends to begin an active
program of educating the citizens of the city on feeding of wildlife.
This will be accomplished by:
(1)
Establishing signs at high profile locations with information on
wildlife feeding.
(2)
Provide informational pamphlets upon request to citizens.
(3)
Working with local news outlets including newspapers, radio or television
to inform the public about the feeding of wildlife.
(4)
Being available to answer public inquires.
(5)
Inclusion of key information in our published newsletter.
(6)
Posting of information at key locations.
(b)
Restricting feeding within 50 feet of a roadway.
(1)
Feeding of wildlife is prohibited within 50 feet of a roadway, except
as provided below.
(2)
A person commits an offense if the person intentionally feeds wildlife
by making food available for consumption on private or public property
within 50 feet of a roadway, in the territorial limits of the city.
(3)
A person shall be deemed to have purposely fed or caused wildlife
to be fed if the person places food, as defined in this section, in
any form, (not including live vegetation such as ornamental landscaping
or flowers) on the ground, or within reach of wildlife within 50 feet
of any roadway.
(4)
A person who violates any provision of this article commits an offense.
(5)
Feeding of wildlife with automated/electronic equipment or gravity
feeders is prohibited within the city.
(6)
Within the city on any public or privately owned land, the use of
electrical, battery, timer controlled, gravity, multi-distribution
feeders or devices with a reservoir capable of dispensing grain, livestock
food, pellets, or other edible matter that wild life or deer may consume
is prohibited.
(7)
Exceptions:
(A)
This article does not apply to the hand feeding of wildlife beyond
the 50-foot limit range.
(B)
The prohibition of this section shall not apply to any peace officer,
animal control officer, or other agent of the city acting pursuant
to a wildlife control program approved by the city council.
(C)
This article does not apply to the placement of food into feeders
kept at a minimum of 6 feet above the ground surface and intended
for birds.
(D)
This article does not apply to an animal control officer, veterinarian,
peace officer, city employee, federal or state wildlife official,
who is acting pursuant to a lawfully authorized program to treat,
manage, capture, trap, hunt, or remove wildlife and who is acting
within the scope of the person’s authority.
(E)
It is an affirmative defense to prosecution under this section if
a person places food, in good faith, for the purpose of feeding domestic
pets located on their property.
(F)
This article does not apply to an animal that is an FFA or 4-H project
and that is and remains in good standing and on an official list of
such authorized projects filed with the city by the authorized sponsor
of such FFA or 4-H program; provided that such exemption shall be
withdrawn upon the sponsor of the applicable FFA or 4-H program notifying
the mayor that such animal is not being maintained and cared for in
compliance with the standards of such FFA or 4-H program, or is, otherwise,
no longer an authorized FFA or 4-H project.
(Ordinance 2002 adopted 9/16/21)
A person who commits a violation of this article will first
be given a warning and will be provided information on the negative
impacts of wildlife feeding. A second offense will result in prosecution
in municipal court. Any violation of this article is deemed a class
C misdemeanor punishable by a fine of not less than $75.00 or more
than $500.00. Each day any violation of any provision of this code
shall continue shall constitute a separate offense. Nothing in this
section shall be construed as to limit any civil action the city may
take to enforce the terms of this article. Animal control officers,
park rangers, code compliance officers and police officers are hereby
given full power and authority to enforce this article. It is a violation
to hinder, molest or interfere with anyone authorized or empowered
to perform any duty under this article.
(Ordinance 2002 adopted 9/16/21)
