HomeMy Public PortalAboutOrdinance 1022 Prohibiting Feeding and Attracting WildlifeORDINANCE NO. 1022
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
TITLE 5, PUBLIC SAFETY, CHAPTER 7, ANIMAL CONTROL, OF THE McCALL CITY
CODE, TO -WIT: AMENDING SECTION 5.7.010, DEFINITIONS, TO ADD THE
FOLLOWING DEFINITIONS: ATTRACTING/ATTRACTANT, BIRDS, EDIBLE MATERIAL,
FEEDING/FEED, HABITUATED, PUBLIC EMPLOYEE, SQUIRRELS, WATERFOWL, WILD
TURKEY, WILDLIFE AND AMEND THE DEFINITION FOR IMPOUNDED; ENACTING
SECTION 5.7.400, FEEDING/ATTRACTING WILDLIFE PROHIBITION, TO PROHIBIT THE
FEEDING OR ATTRACTING OF WILDLIFE WITHIN THE McCALL CITY LIMITS AND
PROVIDING PENALTIES FOR VIOLATION; DIRECTING THE CITY CLERK; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the intentional feeding of wildlife can cause animals to congregate in areas
hazardous to public safety, such as sidewalks and roadways; and
WHEREAS, the intentional feeding of wildlife can attract an increased number of predators
to urban areas, resulting in conflict with humans and domestic animals.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF McCALL, IDAHO:
Section 1: That Section 5.7.010, Definitions, of the McCall City Code is hereby
AMENDED as follows, to -wit:
See Exhibit "A" attached hereto and, by this reference, incorporated
herein as if set forth in full.
Section 2: That there is hereby ENACTED Section 5.7.400, Feeding/Attracting Wildlife
Prohibition, to Chapter 7, Animal Control, Title 5, Public Safety, of the McCall City Code, to -wit:
See Exhibit "B" attached hereto and, by this reference, incorporated
herein as if set forth in full.
Section No. 3: Severability Clause
Should any provision of this Ordinance be declared by a court of competent jurisdiction to
be unconstitutional, unlawful or invalid such decision shall only affect the noted provision and
shall not affect the validity of the remainder of this Ordinance.
Section No. 4: Directing the City Clerk
The City Clerk is directed to file this Ordinance in the official records of the City and to
provide the same to the City's codifier for inclusion and publication in the McCall City Code.
Page 1 of 7
Ordinance 1022 Prohibiting Feeding and Attracting Wildlife
September 28, 2023
Section No. 5: Effective Date
This Ordinance shall take effect and be in force from and after its passage, approval, and
publication as required by law and at the discretion of the City Clerk and in lieu of publication of
the entire ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may
be published.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 28th DAY OF SEPTEMBER 2023.
Approved:
By
Attest:
Ordinance 1022 Prohibiting Feeding and Attracting Wildlife
September 28, 2023
t'1,4"zea
Robert S. Giles, Mayor
Page 2 of 7
EXHIBIT "A"
5.7.010: DEFINITIONS:
As used in this chapter, each of the terms defined has the meaning given in this section unless a
different meaning is clearly required by the context. The word "shall" is mandatory, not directory.
ABUSE: Any case in which an animal has been the victim of intentional or negligent conduct
resulting in the animal's bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks
of any bones, subdural hematoma, soft tissue swelling, prolonged exposure to the weather elements
to the detriment of the animal's health, or death.
ANIMAL: Any organism, other than human being, needing food to maintain and sustain its life
and which generally has mobility and a developed central nervous system.
AT LARGE: Off the premises of the owner and not under the control of the owner or person having
control or custody either by leash, cord or chain.
ATTRACTING/ATTRACTANT/ATTRACT: When used as a noun, anv substance, including but
not limited to food, garbage, or salt/mineral/protein lick, which draws wildlife (except those birds
and squirrels as identified in this Chapter); When used as a verb, the act of using edible material,
attractant, and/or feed in a way that solicits consumption.
BIRDS: Any non -domesticated species belonging to the Order Aves other than Waterfowl and
Wild Turkeys.
BITTEN: Seized, pierced, or cut with the teeth or with the jaws, other than when done by a canine
puppy less than four (4) months old, in play; and "seized" in this regard means with sufficient force
to scratch or bruise, or to pierce, cut or tear clothing.
DEPARTMENT: The McCall police department.
DOG: Either a male or a female member of the biological family Canidae, including Canis
familiaris, and including also any other member of that family at any time owned, possessed or
harbored, whether neutered or spayed.
DOMESTIC ANIMAL: An animal of a species of vertebrates that has been domesticated by
humans so as to live and breed in a tame condition and depend on humankind for survival.
EDIBLE MATERIAL: Any human or animal food, food bi-product, salt/mineral/protein lick,
organic material, refuse, or garbage.
ENCLOSURE: A fence or structure of at least six feet (6') in height, forming or causing
containment suitable to prevent the unauthorized entry of a person and suitable to confine an
animal in conjunction with other measures which may be taken by the owner, such as tethering of
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Ordinance 1022 Prohibiting Feeding and Attracting Wildlife
September 28, 2023
the animal. Such enclosure shall be securely enclosed and locked and designed with secure sides,
top and bottom and shall be designed to prevent the animal from escaping.
FEEDING/FEED: When used as a noun, Aa substance composed of grain, mineral, protein, salt,
fruit, vegetable, hay, or any other food material or combination of these edible materials, whether
natural or manufactured, tended, deposited, or distributed in an area frequented and consumed by
wildlife (except those birds and squirrels as identified in this Chapter); When used as a verb, the
act of providing edible material, attractant, and/or feed.
FIERCE OR DANGEROUS DOG: A dog (other than a dog belonging to a law enforcement
agency and acting pursuant to direction of its law enforcement handler) as described below:
(A) Fierce: Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or
domestic animal without provocation; for purposes of this definition, it is not justification that the
human being when bitten was interfering with the dog's attack upon another human being or
animal, or has menaced a human being which human being was not on the property of the dog's
owner;
(B) Dangerous Dog: A dog, which was previously declared a "threatening dog" and has
displayed repeated violations of potentially dangerous behaviors including, but not limited to, a
known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise
endanger the safety of human beings or domestic animal without provocation.
Notwithstanding the definition of "fierce or dangerous dog" herein, no dog may be declared fierce
or dangerous if an injury or damage is sustained by a person who, at the time such injury or damage
was sustained, was committing a willful trespass or other tort upon the premises occupied by the
owner of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or
attempting to commit a crime. No dog may be declared fierce or dangerous if the dog was
protecting or defending a human being within the immediate vicinity of the dog from an unjustified
battery or assault.
HABITUATED: Any wildlife relatively accustomed to eating, resting, birthing, defecating, and
otherwise living within city limits - outside of their normally wild habitat. Habituated wildlife
may actually cease exhibiting some typical behaviors for that species (e.g. resident deer which do
not migrate, mountain lions which den under human structures like porches, etc.).
IMPOUNDED: Taken into the custody of the department's citypeund animal shelter.
MENACE: The threat of harm, confinement or personal injury of a human by an animal.
MISUSE: The intentional causing of an animal to perform a noncustomary task, which could be
dangerous or harmful to the animal.
NUISANCE DOG: A dog which barks or creates noise in an excessive, continuous or untimely
manner, molests passersby, chases vehicles, habitually attacks other domestic animals, or
trespasses upon public or private property in such a manner as to damage the property.
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Ordinance 1022 Prohibiting Feeding and Attracting Wildlife
September 28, 2023
OWNER: Any person owning, possessing, harboring, caring for or having any custodial duties
over any dog in his or her control within the city. "Own" means owning, possessing, harboring,
caring for, or having in his or her custodial control.
PRIVATE PROPERTY OPEN TO ENFORCEMENT: Includes private property open to the
public; condominium or planned unit development (PUD) common area; condominium limited
common area which is not reserved for the use of the owner; the common use areas of a mobile
home park, or travel trailer court or park; and any other premises with respect to which a person
with a right of possession superior to the owner's has invited the department to attend to a matter
involving an owner's dog.
PUBLIC EMPLOYEE: Any State or City Employee or certified Peace Officer appointed to carry
out and enforce each entity's respective laws and/or ordinances.
RECKLESS/RECKLESSLY: Engaging in conduct with a conscious disregard for the
consequences, wherein the person has knowledge of the likely outcome of said conduct.
RESIDENT: An individual who has their primary residence within the McCall city limits.
SQUIRRELS: Any of the commonly found squirrel species (native or non-native) within McCall
City limits which are typically associated with native habitats or urban landscapes. E.g., Red
Squirrel, Eastern Fox Squirrel, Eastern Gray Squirrel, Chipmunks etc.
THREATENING DOG: A dog, while at large found to menace, chase, display aggressive
behavior, or require defensive action by any person to prevent or discourage bodily injury; any
dog which unprovoked, has killed, inflicted injury or otherwise caused injury by attacking another
domestic animal off the property of the owner or keeper of the dog or upon streets, sidewalks or
public grounds. Growling or barking or both together are not grounds upon which a dog can be
found to be threatening.
WATERFOWL: Any wild or habituated migratory bird species of the taxonomic Order
Anseriformes, Family Anatidae (ducks, geese, swans).
WILD TURKEY: Those species or subspecies of turkey as identified in the Upland Game,
Furbearer, and Turkey Seasons and Rules published by the Idaho Department of Fish and Game.
WILDLIFE: Any species of non -domesticated animals as defined in Idaho Code 36-202(g),
including, but not limited to: deer, moose, elk, pronghorn, black bear, mountain lion, wolf, coyote,
fox, raccoon, skunk, wild turkey, waterfowl, etc. Provided, however, that birds (other than Wild
Turkeys and Waterfowl) and squirrels are not considered wildlife under this Chapter.
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Ordinance 1022 Prohibiting Feeding and Attracting Wildlife
September 28, 2023
EXHIBIT "B"
5.7.400 FEEDING/ATTRACTING WILDLIFE PROHIBITION
A. It is unlawful for any person to intentionally and knowingly feed or attract wildlife
(including habituated wildlife) except birds and squirrels, by placing, depositing,
distributing, storing, or scattering food, edible material, garbage, feed, or other attractants,
with the intent to lure, attract, entice, or feed wildlife on public or private land within the
City of McCall.
B. It is unlawful for any person to recklessly feed or attract wildlife (including habituated
wildlife) except birds and squirrels, by allowing access to food, edible material, garbage,
feed, or other attractants, which has the effect of luring, attracting, enticing, or feeding
wildlife on public or private land within the City of McCall.
C. Exceptions: This ordinance does not apply to:
1. Public employees or their authorized agents acting pursuant to State of Idaho wildlife
management plans or acting within the scope of their authority for wildlife management
purposes, or carrying out authorized emergency winter feeding operations, or otherwise
carrying out authorized baiting, feeding, or trapping activities in accordance with
government authorized wildlife management practices.
2. Any authorized facilities/individuals acting pursuant to State of Idaho and City of
McCall permits and licenses responsible or charged with the care of wildlife (i.e.
rehabilitation facilities, or authorized and licensed wildlife rehabilitators).
3. Edible material located in a residence, closed vehicle, fully enclosed storage structure,
or in an enclosed trash container, where the owner or person in charge has taken
reasonable measures to restrict access by wildlife. Full compliance with McCall City
Code 5.8.050 shall constitute prima facie evidence that reasonable measures have been
taken.
4. A person feeding their own domestic animals as allowed by city ordinances, provided
that such food is not left in the open for wildlife to access.
5. Seeds, nectar, and other material to attract birds (other than wild turkey and waterfowl)
or squirrels in a feeder placed in such a manner as to make it inaccessible to other
wildlife. Feeders shall not be placed in locations in which snow accumulation makes
it possible for other wildlife to reach the feeder during the winter months.
6. Compost piles that are fully contained and/or made inaccessible to wildlife.
7. Persons who are engaged in a lawful trapping activity allowing edible bait with all
appropriate licenses and/or permits from Idaho Department of Fish and Game and
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Ordinance 1022 Prohibiting Feeding and Attracting Wildlife
September 28, 2023
according to both State of Idaho and City of McCall rules and regulations for such
trapping activity; and activities that include lawful recreational trapping of wildlife and
lawful trapping of nuisance wildlife by both the public and authorized agents of the
State of Idaho, the City of McCall, and the U.S. Department of Agriculture Wildlife
Services.
8. Persons engaged in lawful fishing activities as authorized by the Idaho Department of
Fish and Game.
9. Native ornamental plants, vegetable gardens, fruit -bearing trees, flower gardens, lawn,
naturally growing vegetation, native vegetation species intentionally cultivated, and the
part of those plants or trees and the fruit/berries that fall to the ground from them. Non-
native ornamental and fruit bearing trees shall not be planted, and do not qualify as an
exception. Existing ornamental, non-native fruit bearing trees shall be managed to
prohibit wildlife (including habituated wildlife) from obtaining the trees' fruit, and
therefore, shall be either adequately fenced or maintained with complete harvesting as
soon as fruit is available.
10. The normal feeding of livestock and/or the practice of raising crops and crop aftermath,
including hay, alfalfa and grains, produced, harvested, stored or fed to domestic
livestock in accordance with approved agricultural practices within the City of McCall.
There is a presumption that on land zoned for agriculture, as defined in Section
3.6.01(A), that the alleged feeding and attraction is exempt from the prohibitions
contained in this Section.
D. Enforcement: A City of McCall Animal Control or Code Enforcement officer, a McCall
Police Officer, or any other State of Idaho certified Peace Officer may investigate and issue
a warning or citation for a violation of this ordinance. In the event any property shall be
found to contain any wildlife or habituated wildlife feed or attractant(s), the feed and
attractant(s) shall be removed or secured within two (2) days' notice, unless an alternate
time frame is provided by the Officer.
E. Penalties: Any person found violating this section shall be guilty of an infraction and fined
one hundred dollars ($100.00); provided further, that any person who violates this section
for a second or subsequent offense within twelve (12) months after a prior violation of this
section shall be subject to the general penalty found in section 1.3.1 of this Code.
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Ordinance 1022 Prohibiting Feeding and Attracting Wildlife
September 28, 2023
A SUMMARY OF ORDINANCE NO. 1022
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
TITLE 5, PUBLIC SAFETY, CHAPTER 7, ANIMAL CONTROL, OF THE McCALL CITY
CODE, TO -WIT: AMENDING SECTION 5.7.010, DEFINITIONS, ADDING AND
SUPPLEMENTING DEFINITIONS; ENACTING SECTION 5.7.400, FEEDING/ATTRACTING
WILDLIFEPROHIBITION, PROHIBITING THE FEEDING OR ATTRACTING OF WILDLIFE
WITHIN THE McCALL CITY LIMITS; PROVIDING PENALTIES FOR VIOLATIONS;
DIRECTING THE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE.
The principal provisions of the Ordinance are as follows:
• Section 5.7.010 adds additional definitions for Attracting/Attractant, Birds, Edible
Material, Feeding/Feed, Habituated, Public Employee, Reckless/Recklessly,
Squirrels, Waterfowl, Wild Turkey, and Wildlife and amends the definition for
Impounded;
• Section 5.7.400, a newly enacted provision, prohibits intentionally and knowingly
feeding or attracting of wildlife within the City of McCall. Such prohibitions
include the placing, depositing, distributing, storing, or scattering of food, edible
material, garbage, feed, or other attractants— with the intent to lure, attract, entice,
or feed wildlife. The Ordinance further prohibits reckless actions that have the
effect of luring, attracting, enticing, or feeding wildlife.
The Ordinance allows for certain exceptions such as: feeding domestic animals;
feeding certain birds and squirrels with specific placements; fully secured compost
piles; edible materials stored in secure places; native plants, vegetable gardens, and
specific tree types, with certain conditions for existing non-native trees; feeding
livestock and practicing approved agricultural activities; licensed trapping and
fishing activities; government wildlife management actions; and authorized and
licensed facilities or individuals for wildlife care.
If any property is found with wildlife feed or attractants, it must be removed or
secured within two (2) days unless the enforcement officer specifies otherwise.
Violations constitute an infraction with a penalty of a fine of one -hundred dollars
($100). Subsequent offenses within twelve (12) months shall be enforced as
misdemeanors pursuant to Section 1.3.1 of McCall City Code.
Together, the new amendments and additions to City Code reflect the importance of
safeguarding wildlife as a part of McCall's historical and cultural heritage. The new
prohibitions are further supported by expert assessments that confirm the act of feeding wildlife
is directly associated with adverse consequences, including health deficiencies, disturbances
in migratory patterns, and an elevated incidence of disease outbreaks among wildlife. As such,
the City has enacted these prohibitions to ensure the maintenance of a balanced ecosystem for
the well-being of all.
Summary of Ordinance No. 1022
September 28, 2023
Page 1 of 2
The Ordinance shall take effect upon its passage, approval, and publication according to law. The
full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk
to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 28 DAY OF
SEPTEMBER, 2023.
Approved:
ATTEST:
�t►`oC i OF Mc �'''•.
e
d' I Robert Giles, Mayor
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DAHO too
By
BessieJo Wa r, City Cler
Page 2 of 2
Summary of Ordinance No. 1022
September 28, 2023