[Added 8-5-2002 by Ord. No. 247]
A.
The large number of fowl attracted by feeding and baiting in and
around both public and private swimming and recreational areas, parks
and boat launching areas of lakes, ponds, streams and the Kennebec
River in Augusta increases the presence of harmful bacteria which
present a threat to public health and well being. Fecal matter from
waterfowl contributes to the phosphate loading of water bodies, thereby
resulting in lessened water quality. Large numbers of waterfowl feeding,
trampling and defecating cause property damage to structures, equipment,
crops, and terrain and constitute a nuisance and health hazard to
citizens.
B.
The purpose of this article is to control the feeding and baiting
of migratory and nonmigratory waterfowl (hereinafter referred to as
"fowl") and those fowl classified as gulls in order to protect the
public health and property and the water quality of lakes, ponds,
rivers and streams in Augusta by reducing the amount of fecal matter
from these fowl deposited in the water and on the adjacent public
and private shoreline and waterfront property caused in part by the
feeding and baiting of these fowl by the public.
A.
No person, except the Commissioner of the Maine Department of Inland Fisheries and Wildlife or his/her designee or the Director of the U.S. Fish and Wildlife Service or his/her designee in the conduct of waterfowl management practices, shall engage in the regular practice of feeding or baiting any migratory or nonmigratory waterfowl or fowl in or over the water within the shoreland protection area in the City of Augusta as identified in the Shoreland Zoning Ordinance of the City of Augusta in any manner that increases the public health risks identified in § 119-16.
B.
This article is not intended to prohibit the raising of domestic
waterfowl as allowed by any other ordinance(s), except that domestic
waterfowl must be securely contained or penned in an enclosure in
an area so as to prevent fecal matter from the waterfowl entering
into lakes, ponds, streams and the Kennebec River in the City of Augusta.
As used in this article, the following definitions shall apply
unless the context clearly indicates another meaning:
The placing, exposing, depositing, distributing or scattering,
directly or indirectly, of shelled corn, shucked or unshucked corn,
wheat or other grains, bread, salt or any other feed or nutritive
substances, in any manner or form, so as to lure, attract, or entice
fowl to, on or over any such areas where such feed items and/or materials
have been placed, exposed, deposited, distributed or scattered.
Any waterfowl of the family Anatidae (ducks and geese) and/or
the family Laridae (gulls), either migratory, nonmigratory or resident
fowl.
This article may be enforced by any Animal Control Officer,
Code Enforcement Officer, Health Officer or his/her designee or police
officer of the City of Augusta.
Whoever violates any provisions of this article shall be fined
$100 for each offense to be recovered, on complaint, to the use of
the City of Augusta. Each day in which a violation is proved shall
constitute a separate and new offense under this section. If the City
is the prevailing party in any action brought to enforce this article,
the City must be awarded reasonable attorney's fees, expert witness
fees, and costs. Civil process of the complaint may be waived by payment
to the City of Augusta of the fine within seven days of the date of
the complaint.