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HomeMy WebLinkAboutORD 2015-25 - Intentional Feeding of DeerAn Ordinance of the City Council of the City Of Georgetown, Texas Amending Chapter 8.05 of the Code of Ordinances Relating to "The Intentional Feeding of Deer;" Creating an Offense; Providing a Penalty Clause; Repealing Conflicting Ordinances, Providing a Severability Clause.- and Establishing an Effective Date. WHEREAS, the City of Georgetown (City) has a significant deer population that has been increasing; and WHEREAS, the deer population in the City poses a hazard to motorists in the City, causes a reduction in plant life and other wild animals, and causes damage to landscaping installed by residents and commercial landowners of the City; and WHEREAS, the feeding of deer has been shown to increase the concentration of deer in the area of feeding, thereby increasing the likelihood of collisions between vehicles and deer, and increasing damage to vegetation and landscaping in the area; and WHEREAS, the feeding of deer has been shown to encourage deer to remain in an urbanized area and to become reliant on non-native food sources that may not be sustainable or healthy; WHEREAS, the City Council finds that the adoption of an ordinance regulating the intentional feeding of deer promotes the health, safety and welfare of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, that: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 2. Chapter 8.05 of the Code of Ordinances relating to "The Intentional Feeding of Deer is hereby adopted as detailed in the attached Exhibit Section 3. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 4. All ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. 1111 Ji Jill lill 1 11111 � liJ � 1 11; 1 I, iiiv 11 1 jessi a Brettle, City Secretary A -1 By:. Dale Ross, Mayor Ordinance Number: —1121 'C— Page 2 of 4 Description: Intentional Feeding of Deer Date Approved- Pvl "Food" means corn, fruit, oats, hay, nuts, wheat, alfalfa, salt blocks, grai vegetables, and commercially sold wildlife feed, birdseed or livestock feedj b excludes shrubs, live crops, plants, flowers, vegetation, gardens, trees, and fr I, or nuts that have fallen on the ground from trees. I The city manager shall establish and implement a program to educate the community about the dangers of overpopulation of deer in urban and suburban areas. I�A) Except as provided in subsection (C), a person commits an offense if the person intentionally feeds deer or makes food available for consumption by deer on private or public property within the territorial limits of the city. (B) A person shall be presumed to have intentionally fed deer, or made foo available for consumption by deer, if the person places food, or causes food be placed, on the ground outdoors or on any outdoor platform that stan fewer than five feet above the ground, (C) This section does not apply to an animal control officer, veterinarian, peace officer, City employee, federal or state wildlife official, or property owner who is authorized by a local, state, or federal government to treat, manage'capture, trap, hunt, or remove deer and who is acting within the scope of the person's authority. It is an affirmative defense to prosecution under this chapter if a person places food, in good faith, for the purpose of feeding domestic livestock or pets located on the property. Ordinance Number:Page 3 of 4 Description: Intentional Feeding of Deer DateApproved, M81gM o7!j 2015 (A) A person may report a violation of this chapter to the Code Enforcement Department. A person who violates this chapter commits an offense. An offense under this chapter is a Class C misdemeanor punishable by a fine of not less than $75 or more than $125. Ordinance Number: .22a -a!;— Page 4 of 4 Description: Intentional Feeding of Deer Date Approved: 6 CAt 2015