[Adopted 10-20-1993 as Ord.
No. 661]
As used in this chapter, the following terms shall have the meanings
indicated:
MIGRATORY WATERFOWL
Includes those species of birds, not otherwise defined as a "domesticated
animal" in this chapter, commonly known as "swans," "geese," "brants," "river
and sea ducks" and any other waterfowl.
It shall be unlawful for any person:
A. To feed any migratory waterfowl.
B. To create any condition or allow any condition to exist
which results in a congregation or congestion of migratory waterfowl which:
(1) Results in an accumulation of waterfowl feces or droppings.
(2) Results in damage to flora, fauna or private or public
property.
(3) Results in a threat or nuisance to the public health,
safety or welfare.
(4) Results in a threat to the health, safety or welfare
of said migratory waterfowl.
Whenever the Board of Health becomes aware that migratory waterfowl
are being fed in violation of this chapter or that a congregation or congestion
of migratory waterfowl as prohibited by this chapter exists:
A. It shall give notice of the nuisance to the owner or
occupant of the premises upon which the nuisance exists or the feeding is
occurring. Notice shall be deemed sufficient if it shall have been served
either personally or by posting such notice upon the property in question
or by mailing such notice through the United States mail, mailed notice to
be deemed served upon proof that such notice was deposited in the United States
mail, first-class postage prepaid and addressed, in the case of an individual,
to his business address, residence address or such address as the records
of the Assessor shall reveal to be his address for tax purposes or, in the
case of a corporation, to the registered office or agent of such corporation
as the records shall reveal. Such notice shall order the nuisance to be immediately
abated and/or that such feeding shall immediately stop.
B. The Board of Health shall have all powers necessary,
upon application by a citizen or at its own discretion, to disperse or remove
any congregation or congestion of migratory waterfowl by any lawful means.
C. The Board of Health shall have the power to issue summonses
for violations of this chapter. The violator shall be subject to a fine of
$25 for the first offense and $50 for each subsequent offense. Said fines
may be payable through the office of the Violations Clerk of the Municipal
Court.