A. Definitions.
1. For purposes of this section, "feed" is defined as the intentional provision of water, animal or human food, animal carcasses, or edibles to wildlife.
2. For purposes of this section, "attracting" is defined as placing water, animal or human food, edibles, animal parts or carcasses, garbage or refuse in an area where a reasonable person would be aware of the potential presence of wildlife.
B. It is unlawful for any person to intentionally feed bears, javelina, coyotes or mountain lions, or to attract them by intentionally, negligently or recklessly placing water, garbage, refuse, human or animal food or edibles in a place that is physically accessible to such wildlife.
C. These prohibitions apply to all areas within the town's corporate limits.
D. These prohibitions do not apply to any of the following:
1. Public employees and their agents acting within the scope of their authority for public safety or wildlife management purposes.
2. Taking wildlife, as permitted by Arizona law and any Arizona Game and Fish Commission rule or order.
3. Food or edibles that are being transported to an approved landfill or disposal facility.
4. Garbage or refuse that is being transported to an approved landfill or disposal facility.
5. Water, food, edibles, garbage or refuse located in a residence, sealed vehicle or storage building, or in a camping storage unit that is constructed of solid, nonpliable material.
6. Food, edibles, garbage or refuse stored in a covered and locked container made of sturdy, nonpliable material; provided, however, refrigerators and freezers that are placed outside, even if locked, are not exempt under this section.
7. Municipal and commercial zoos or Arizona Game and Fish Department licensed wildlife rehabilitation providers.
8. Provision of appropriate food and water exclusively for livestock, horses, swine, poultry or fowl.
9. Feeders placed to attract birds or other wildlife that do not pose a public safety problem, and do not attract bears, mountain lions, javelina, or coyotes.
E. Any animal control officer or any state-certified peace officer may issue a citation for the violation of this section, subject to the following:
1. Upon the first contact with a person suspected of violating this section, the officer shall issue a verbal warning and provide the person with a copy of this section.
2. Upon the second contact with a person suspected of violating this section, the officer shall issue a citation to the person.
3. Each violation, after the first contact, shall constitute a separate offense and each day a violation remains unabated may be treated as a separate offense.
F. Penalties for violations of this section shall be as provided in Section
6.20.040(A).
(Prior code § 7-7-4; Ord. 14-05 § 1, 2014; Ord. 18-23 § 2, 2018)