[Added 6-14-2017 by L.L.
No. 4-2017]
No person shall, with the intent of attracting wild animals,
scatter, disperse, or otherwise cause to be left any edible or nutritive
material on any outdoor surface or in any outdoor receptacle within
the Town of Cicero.
For the purpose of § 58-20, the presence of wild animals, on more than one occasion within a one-year period, feeding on or congregating near edible or nutritive material that is scattered, dispersed, or left on an outdoor surface or in an outdoor receptacle shall constitute presumptive evidence of intent to attract such wild animals.
Nothing in this article shall be construed to prohibit:
A.
The possession, use, or maintenance of bird feeders of the type which
are customarily incidental to residential use; or
B.
The outdoor feeding of domesticated animals on private property,
provided that such domesticated animals are owned or controlled by
the individual who owns or controls the property on which they are
fed.
A.
A person who violates the provisions of this article shall, upon
conviction for a first offense, be guilty of a violation and shall
be punished by a fine of not less than $50 and not more than $150.
B.
A person who violates the provisions of this article shall, upon
conviction for a second or subsequent offense, be guilty of a violation
and shall be punished by a fine of not less than $250 and not more
than $500, unless such second conviction shall be within one year
of the first conviction, in which case he or she shall be punished
by a fine of not less than $500 and not more than $750.
C.
A person who violates the provisions of this article shall, upon
conviction for a third or subsequent offense, be guilty of a violation
and shall be punished by a fine of not less than $500 and not more
than $1,000, unless such third conviction shall be within one year
of a second or subsequent conviction, in which case he or she shall
be punished by a fine of not less than $750 and not more than $1,000.
