Article VI — Waterfowl and Migratory Birds

A.

The purpose of this article is to protect the health, safety, and welfare of the city and its wildlife by prohibiting the feeding of waterfowl and migratory birds within city parks and lakes. Feeding waterfowl and migratory birds increases the potential for damage to the flora and fauna of public parks and lakes due to an accumulation of bird droppings, may harm water quality, and increase the potential for the spread of disease to city residents.

B.

It is also the purpose of this article to protect the welfare of the waterfowl and migratory birds themselves, as wildlife studies have shown that feeding waterfowl and migratory birds can interrupt their normal migration patterns, cause nutritional problems, and promote the spread of bird diseases.

C.

It is also the purpose of this article to minimize the attraction to waterfowl and migratory birds of residing within city parks and lakes by restricting their feeding and other acts that encourage the birds to halt their natural migration patterns.

(Ord. No. 1954, § 1, 7-18-2018)

As used in this article, the terms listed below shall have the meaning assigned them.

"Feed" or "feeding" means the placing, exposing, depositing, distributing, or scattering, directly or indirectly, of shelled corn, shucked or un-shucked, wheat or other grains, breads, popcorn, scraps, salt, or any other feed or nutritive substances likely to be eaten by waterfowl or migratory birds, in any manner or form, so as to lure, attract, or entice waterfowl or migratory birds to, on or over any such areas where such feed items or materials have been placed, exposed, deposited, distributed, or scattered.

"Waterfowl and migratory birds" means those species of birds commonly known as "swans," "geese," and "ducks" and any other waterfowl or migratory birds under the jurisdiction of the United States Fish and Wildlife Service.

(Ord. No. 1954, § 1, 7-18-2018)

A.

It shall be unlawful for any person to feed, in any public park or upon any public lake, or on any other property owned or operated by the city, any waterfowl or migratory birds.

B.

It shall be unlawful to create or foster any condition or allow any condition to exist or continue, which results in a congregation or congestion of waterfowl or migratory birds in any public park or upon any public lake.

(Ord. No. 1954, § 1, 7-18-2018)

A.

Any person violating the provisions of this article shall be guilty of an infraction, punishable on conviction as set forth in Section 1.08.010(C) of this code.

B.

Any person convicted of three or more violations of this article within the twelve-month period immediately preceding the commission of the latest offense shall have the offense charged as a misdemeanor, punishable as specified in Section 1.08.010(B) of this code.

C.

The continuation of any violation of this article for each successive day shall constitute a separate offense, and the person committing the violation may be punished for each separate offense as provided herein.

D.

Notwithstanding any other provision of this article, the violation of any provision of this article may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction.

(Ord. No. 1954, § 1, 7-18-2018)

This article may be enforced by a city police officer, animal control officer, code enforcement officer, or the Director or his/her designee.

(Ord. No. 1954, § 1, 7-18-2018)