Chapter 9.70
BIRD FEEDING NUISANCE Revised 10/18

Sections:

9.70.010    Legislative findings. Revised 10/18

9.70.020    Feeding or baiting certain birds prohibited – Public nuisance. Revised 10/18

9.70.030    Definitions. Revised 10/18

9.70.040    Violations and penalties. Revised 10/18

9.70.050    Other remedies. Revised 10/18

9.70.010 Legislative findings. Revised 10/18

The city council finds that:

(a)    The feeding of wild eagles results in habituated behavior and food conditioning, increasing the risk of personal injury and damage to public and private property.

(b)    Such feeding results in greater deposits of fecal matter, damaging property and creating unsafe and unsanitary conditions.

(c)    In respect to larger birds, such feeding increases the risk of power line strikes, resulting in property damage and power outages as well as harm to wild birds.

(d)    Such feeding increases the risk of aircraft strikes which could lead to serious personal injury including death.

(e)    The intentional human feeding of such birds constitutes a public nuisance contrary to health, safety and the general welfare of the citizens of the city and visitors. (Ord. 1884 § 1, 2018)

9.70.020 Feeding or baiting certain birds prohibited – Public nuisance. Revised 10/18

(a)    No person shall intentionally feed or bait wild bald eagles anywhere within city limits.

(b)    No owner or person in control of property shall cause or knowingly permit the intentional feeding or baiting of wild bald eagles on that property or the right-of-way abutting that property.

(c)    Every act of violation and every day upon which such violation shall occur shall constitute a separate offense.

(d)    The conduct prohibited by this chapter is a public nuisance. (Ord. 1884 § 1, 2018)

9.70.030 Definitions. Revised 10/18

As used in this chapter, the following words and phrases shall be construed as defined below, unless the context clearly indicates a different meaning is intended:

“Feed” or “bait” means to provide, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wild bald eagles.

Intentionally. A person acts “intentionally” with respect to a result described by a provision of law defining an offense when the person’s conscious objective is to cause that result; when intentionally causing a particular result is an element of an offense, that intent need not be the person’s only objective.

“Person in control” means a tenant or an agent, manager, superintendent, or other owner’s representative.

“Property” means real property, developed or undeveloped, including without limitation any real property with a house, apartment building, mobile home, mobile home park, other multifamily development, any commercial or industrial structure or use, any public or private institution or organization, and vacant land. (Ord. 1884 § 1, 2018)

9.70.040 Violations and penalties. Revised 10/18

The penalty for violation of any provision of this chapter shall be a fine in an amount not to exceed $500.00. (Ord. 1884 § 1, 2018)

9.70.050 Other remedies. Revised 10/18

In addition to the fine set forth in KMC 9.70.040, the city shall have all other remedies available to it in law or equity for violation of the provisions of this chapter including, but not limited to, injunctive relief. (Ord. 1884 § 1, 2018)