Chapter 6.15
WILDLIFE CONTROL
Sections:
6.15.040 Feeding, baiting, and maintaining wildlife prohibited – Notice – Abatement.
6.15.050 Exceptions – Feral cats.
6.15.060 Investigations and complaints – Property entry.
6.15.070 Enforcement – Penalties.
6.15.080 Interpretation – Severability – Errors.
6.15.010 Short title.
Ordinance No. 15-837(2) may be referred to as the “wildlife control ordinance” and will be cited and referred to herein as “this chapter.” [Ord. 15-837(2) § 2, 2015]
6.15.020 Purpose.
The purpose of this chapter is to prohibit the feeding, baiting, and/or maintaining of wildlife within city’s jurisdictional limits so as to protect the public health, safety, and welfare of humans and property, and to prescribe penalties for failing to comply. [Ord. 15-837(2) § 3, 2015]
6.15.030 Definitions.
For purposes of this chapter, the following terms and phrases have the meanings assigned to them below:
“Attractant(s)” means any substance, including, without limitation, food, garbage, and/or salt lick, which draws or attracts wildlife to a particular location.
“City manager” means city’s city manager or his or her designee.
“Council” means the Burns city council.
“Feed” means a substance composed of grain, mineral, salt, fruit, vegetable, hay, and/or any other food material or combination of these materials, whether natural or manufactured, that may attract wildlife and/or stray or feral cats.
“Person” means any natural person, corporation, limited liability company, partnership, joint venture, firm, association, trust, unincorporated organization, government or governmental agency, political subdivision, and/or any other entity.
“Person responsible” means (1) the owner, agent, occupant, lessee, tenant, and/or other person having possession or control of the property upon which the subject nuisance exists, and/or (2) the person who causes the subject nuisance to come into, or continue in, existence.
“Waterfowl” means any bird that frequents the water or lives around rivers, lakes, and/or other bodies of water, including, without limitation, ducks, geese, swans, and herons.
“Wildlife” includes any animal which is not normally domesticated including, without limitation, bears, coyotes, deer, elk, foxes, groundhogs, opossums, raccoons, skunks, turkeys, and waterfowl. [Ord. 15-837(2) § 4, 2015]
6.15.040 Feeding, baiting, and maintaining wildlife prohibited – Notice – Abatement.
(1) The following is hereby declared to be a public nuisance and unlawful: (a) feeding, baiting, and/or maintaining any wildlife, including, without limitation, hand feeding or setting out food to be left attended or unattended, which creates or has the potential to create a hazard to the public health, safety, and/or welfare of humans and/or property; (b) leaving, storing, and/or maintaining any feed or attractant in a manner and location accessible to any wildlife which creates or has the potential to create a hazard to the public health, safety, and/or welfare of humans and/or property; and/or (c) feeding stray or feral cats if such feeding creates or has the potential to create a hazard to the public health, safety, and/or welfare of humans and/or property.
(2) A person who violates subsection (1) of this section may be issued a written notification by the city manager requiring the person to remove the food, garbage, bait, and/or other attractant within three days of notification. A person who receives a written notice under this subsection (2) will immediately remove the food, garbage, bait, and/or other attractant as directed.
(3) Any nuisance described in this chapter that is allowed to continue by any person responsible for a period of more than three days after notification by the city manager under subsection (2) of this section may be subject to city’s nuisance abatement and enforcement procedures and penalties and/or any other rights and remedies available to city, including, without limitation, city’s rights and remedies provided under this chapter. Notwithstanding anything contained in this chapter to the contrary, if the city manager reasonably determines that a nuisance described in this chapter imminently threatens and/or endangers the public health, safety, and/or welfare of humans and/or property, the city manager may cause such nuisance to be summarily abated.
(4) If any part or area within city’s jurisdictional limits experiences the presence of wildlife and/or feral cat populations that endangers, threatens, and/or creates a hazard to the health, safety, and/or welfare of humans and/or property, city may take those steps authorized by the appropriate regulatory agency to disperse or otherwise control the offending wildlife and/or feral cats. [Ord. 15-837(2) § 5, 2015]
6.15.050 Exceptions – Feral cats.
The prohibitions described in BMC 6.15.040 do not apply to the following: (1) feeding birds, other than waterfowl, utilizing a bird feeder that can be accessed only by birds; (2) feeding livestock in normal agricultural operations; and/or (3) feeding wildlife kept under a valid license or permit issued by the Oregon Department of Fish and Wildlife, and in compliance with all applicable federal, state, and local laws, regulations, and ordinances, by the person who is the legal owner or guardian of such wildlife. Nothing in this chapter will prohibit the actions of an authorized agent of the state of Oregon lawfully engaged in a wildlife or waterfowl management program. Any person feeding stray or feral cats may be required to cooperate with any humane program (which is supported by or operating under the auspices of local governmental authorities) that traps stray and feral cats for the purpose of spaying/neutering the cats, immunizing the cats from rabies, and then returning the cats to their environment in the general vicinity in which they were trapped. [Ord. 15-837(2) § 6, 2015]
6.15.060 Investigations and complaints – Property entry.
Upon receiving a complaint by one or more persons alleging a violation of this chapter, an authorized city agent may investigate the complaint to determine if there has been a violation of this chapter. The city manager, or a person authorized by the city manager, may enter upon the property to abate a nuisance described in this chapter and/or to otherwise enforce this chapter. [Ord. 15-837(2) § 7, 2015]
6.15.070 Enforcement – Penalties.
This chapter will be enforced by any sworn peace officer authorized to enforce the laws of city and any other city official authorized to administer city’s land use, development, nuisance, building, and/or other regulations. In addition, city may initiate appropriate suit or legal action in a court of competent jurisdiction to enforce this chapter. Any violation of this chapter is punishable by a fine not to exceed $250.00 per violation. City will be entitled to collect from any person violating this chapter city’s attorney fees and other fees, costs, and expenses incurred by city to enforce this chapter. Each violation, and each day that a violation continues, constitutes a separate civil infraction. The remedies available under this chapter are not exclusive of any other remedies available under any applicable federal, state, and/or local laws, regulations, and/or ordinances. It is within city’s discretion to seek cumulative remedies for a violation of this chapter. Nothing in this chapter will be construed to relieve a person from complying with any applicable federal, state, and/or local laws, regulations, and/or ordinances. Failure of any person responsible to receive a notice required under this chapter and/or an error in the name or address of the person responsible will not render the notice void and in such case the notice will be sufficient. [Ord. 15-837(2) § 8, 2015]
6.15.080 Interpretation – Severability – Errors.
All pronouns contained in this chapter and any variations thereof will be deemed to refer to the masculine, feminine, or neutral, singular or plural, as the identity of the parties may require. The singular includes the plural and the plural includes the singular. The word “or” is not exclusive. The words “include,” “includes,” and “including” are not limiting. Any reference to a particular law, rule, regulation, code, or ordinance includes the law, rule, regulation, code, or ordinance as now in force and which may hereafter be amended. The provisions of this chapter are hereby declared severable. If any section, subsection, sentence, clause, and/or portion of this chapter is for any reason held invalid, unenforceable, and/or unconstitutional, such invalid, unenforceable, and/or unconstitutional section, subsection, sentence, clause, and/or portion will (1) yield to a construction permitting enforcement to the maximum extent permitted by applicable law, and (2) not affect the validity, enforceability, and/or constitutionality of the remaining portion of this chapter. This chapter may be corrected by order of the council to cure editorial and/or clerical errors. [Ord. 15-837(2) § 9, 2015]