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Prohibition on the Feeding of Wild Animals

CITY OF SALINE

WASHTENAW COUNTY, MICHIGAN

ORDINANCE NO. 811

AN ORDINANCE TO ADD A NEW SECTION 58-280 TO ARTICLE VII, CHAPTER 58, OF THE CODE OF ORDINANCES CONCERNING THE PROHIBITION ON THE FEEDING OF WILD ANIMALS

The City of Saline Ordains:

Section 1. Addition.  A new section 58-280 of Article VII, Chapter 58 entitled “Prohibition on the Feeding of Wild Animals” is hereby added to Code of the City of Saline as follows:

SECTION 58-280 - Prohibition on the Feeding of Wild Animals

            (a)        Purpose. The City of Saline finds that the feeding of unconfined wild animals can be detrimental to wild animals, causes a public health nuisance, jeopardizes public and private property, and constitutes a safety hazard that is detrimental to the general health, safety, and general welfare of the public. 

            (b)        Definitions.  As used in this section the following terms will be defined as follows:

            Feed or Feeding means the act of furnishing, exposing, placing, depositing, distributing or scattering, whether intentionally or negligently, any food or substance of any kind which is likely to attract, lure, or entice wild animals.

            Wild animal means any species of animal wild by nature, as distinguished from the common domesticated animals.  A wild animal is one that can survive in its natural environment without the help or assistance of humans, including but not limited to raccoons, bears, coyotes, deer, foxes, groundhogs, opossums, skunks, rats, mice, squirrels, and waterfowl.

            Nuisance as used in this Section means whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or renders the public insecure in life or property.

 

            (c)        Prohibited Conduct

                        (1)        It shall be unlawful for any person, or agent thereof to feed wild animals upon public property or private property in such a way that causes a nuisance. 

                        (2)        It shall be unlawful to authorize or aid or abet any other person to feed wild animals upon public property or private property in such a way that causes a nuisance.

                        (3)        It shall be unlawful to leave or store any refuse, garbage, food waste, pet food, seed or bird seed, fruit, meat, dairy, vegetable, grain or other food in a negligent manner likely to feed wild animals in such a way that causes a nuisance.

            (d)        Exclusions. 

                        (1)        The feeding of small songbirds or other backyard birds shall be permitted outdoors at such times and in such numbers that such feeding does not create an unreasonable disturbance that affects the rights of surrounding property owners or creates a nuisance, does not create an accumulation of droppings on the property or surround properties in violation of health and safety laws and ordinances, and does not become an attractant for rodents or other wild animals.

                        (2)        Bird feeders or other devices for feeding small birds shall be allowed if placed at least five (5) feet above the ground and utilized so as to not be an attractant to wild animals.

                        (3)        The feeding of wild animals is permitted within confined zoos, educational facilities, wild animal rehabilitation facilities and environmental centers or federally protected wildlife preserves where otherwise permitted by law.

                        (4)        Baiting wild animals for the purpose of trapping for legal purposes, and the removal or abatement of nuisance wild animals on private or public property is allowed where otherwise permitted by law.

                        (5)        Landscaping, gardening, or maintaining vegetable gardens, fruit and nut trees or other plants, is permitted so long as such activities are not conducted for the purpose of feeding wild animals.

            (e)        Penalty.  A violation of the section shall be a municipal civil infraction.

Section 2.  Effective Date. This ordinance shall become effective 10 days after its publication.

YEAS:              Ceo, Dillon, Girbach, McClelland, TerHaar, Marl

NAYS:              ______________________________________________________________________

ABSTAIN:         ______________________________________________________________________

ABSENT:          Mitchell

CERTIFICATION

This is a true and complete copy of ordinance No. 811 adopted at a regular meeting of the Saline City Council held on March 18, 2019.

 

                                                                                                _______________________________

                                                                                                Brian Marl, Mayor

 

                                                                                                _______________________________

                                                                                                Terri Royal, City Clerk

 

Adopted:          March 18, 2019

Published:        March 28, 2019

Effective:          April 8, 2019