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HomeMy WebLinkAbout3064 Feeding Wildlife Prohibited ORDINANCE NO.3 01P y AN ORDINANCE ADDING AMC 9.08.280 FEEDING OF DEER, RACCOON, WILD TURKEYS, AND POTENTIALLY HABITUATED WILDLIFE PROHIBITED WITHIN THE CITY LIMITS OF ASHLAND Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, feeding or otherwise domesticating deer, raccoon, wild turkeys, and potentially habituated wildlife creates public health hazards by increasing traffic hazards, attracting predatory wildlife, and creating environment for their aggressive protection of territory; WHEREAS, feeding deer, raccoon, wild turkeys, and potentially habituated wildlife frequently results in damage to landscaping, fences, and other structures in the City and property by consumption of private landscaping, and sometimes results in personal injury to persons and companion animals;and WHEREAS, feeding deer, raccoon, wild turkeys, and potentially habituated wildlife interferes with accepted wildlife management practices. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following is hereby added to Chapter 9 of the Ashland Municipal Ordinance as follows: AMC 9.08.280 Feeding of Deer, Raccoon, Wild Turkeys, and Potentially Habituated Wildlife Prohibited A. As used in this section: 1. "Officer" means any person authorized to enforce city codes under AMC 1.08.005. 2. "Potentially habituated wildlife", as defined by ORS 496.731 (b), means bear, cougar, coyote and wolf. B. A person who knowingly places, deposits, distributes, stores or scatters food. Ordinance No. _ Page 1 of 2 Qarbage or any other attractant so as to knewineW constitute a lure, attraction or enticement for deer, raccoon, wild turkeys, or potentially habituated wildlife may be issued a written notification by an officer reguirine the person to remove the food, Qarbase or other attractant within two days of notification. C. A person who receives a written notification under subsection (B) of this section shall remove the food, garbaee or other attractant as directed. D. Violation--Penalty. As otherwise allowed under AMC 1.08.010, any violation of this section may be considered a nuisance and is punishable as a Class I violation and each day the nuisance is maintained shall constitute a separate offense. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City code and the word "ordinance"may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that and Whereas clauses and boilerplate provisions (such as Section 3 and 4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. The foregoing ordinance was first read by title only in ace nce with Article X, Section 2(C) of the City Charter on the /.5-day of 2012, and d y PASSED and ADOPTED this .S day of 2012. Barbara M. Christensen, City Recorder / SIGNED and APPROVED this 6 day of i ' 2012. Stromberg, Mayor Re�vie das to form: J David H. L69nan, City Attorney Ordinance No. Page 2 of 2