[Ord. 2005-9, 11/15/2005, § 1]
The citizens of the Township have documented, and the Board
of Supervisors have found that the ever expanding deer population
within the Township has directly caused and/or contributed to the
destruction of public and private property, the spread of disease-carrying
insects, increased motor vehicle accidents and the devastation of
farm production. The Board of Supervisors hereby finds and declares
that an emergency exists which requires the immediate implementation
and effectiveness of this part, in that the effective implementation
of the policy reducing and eliminating deer problems within the Township
would be frustrated and prevented without the protection which this
part will give.
[Ord. 2005-9, 11/15/2005, § 2]
It is hereby declared that the prohibited conduct described
in this part shall constitute a public nuisance which endangers life,
health, and property of the citizens of the Township and which reasonably
annoys, injures, or disturbs, or intrudes upon the free use and comfortable
and profitable enjoyment of private and public lands in the Township.
[Ord. 2005-9, 11/15/2005, § 3]
The following words, terms and phrases when used in this part,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A ruminant animal having deciduous antlers, usually in the
male only.
The intentional act of furnishing, or otherwise making available,
food or other substance which is likely to be consumed by deer.
Food or other substances consumed by deer produced by, or
existing in nature, not artificial.
[Ord. 2005-9, 11/15/2005, § 4]
1.
No owner or occupier of land within the Township shall intentionally
feed, cause to be fed or provide or make available food or other substances
for the consumption by deer within the Township, either on private
property or on public property. Feeding deer the following food is
expressly prohibited: salt, corn, apples, cabbage, potatoes, acorns,
oats, carrots, beets, straw, hay, fodder or any combination thereof.
In furtherance of this prohibition, and with respect to all private
and public properties within the Township, the following shall also
apply:
A.
Prohibition. No person may place or allow any device or any fruit,
grain, mineral, plant, salt, vegetable, or other material to be placed
outdoors on any public or private property for the purpose of attracting
or feeding deer.
B.
Each property owner shall have the duty to remove any materials placed
on the owner's property in violation of this part. Failure to remove
such materials within 24 hours after notice from the Township shall
constitute a separate violation of this part.
C.
Each property owner shall have the duty to remove any device placed
on the owner's property to which deer are attracted or from which
deer actually feed. Alternatively, a property owner may modify such
a device or make other changes to the property that prevents deer
from having access to or feeding from the device. Failure to remove
such a device or to make such modifications within 24 hours after
notice from the Township shall constitute a separate violation of
this part.
D.
Rebuttable Presumptions.
(1)
There is a rebuttable presumption that the placement of fruit,
grain, mineral, plant, salt, vegetable, or other materials in an aggregate
quantity of more than one quart at the height of less than six feet
off the ground is for the purpose of feeding deer.
(2)
There is a rebuttable presumption that the placement of fruit,
grain, mineral, plant, salt, vegetable, or other materials in an aggregate
quantity of more than one quart in a drop feeder, automatic feeder,
or similar device regardless of the height of the fruit, grain, mineral,
plant, salt, vegetable, or other material is for the purpose of feeding
deer.
[Ord. 2005-9, 11/15/2005, § 5]
1.
This part shall not apply to any corn, apples, cabbage, potatoes,
acorns, oats, carrots, beets, straw, hay fodder or any combination
thereof which is natural to that particular land owned or occupied
where feeding of deer is occurring. The following exceptions shall
also apply:
A.
Naturally Growing Materials. This part does not apply to naturally
growing materials, including, but not limited to, fruit, grain, nuts,
seeds, and vegetables.
B.
Planted Materials. This part does not apply to planted materials
growing in gardens, or as standing crops from agricultural production,
or in a wildlife food plot.
C.
Stored Crops. This part does not apply to stored crops, provided
that the stored crop is not intentionally made available to deer.
D.
Incidental Spills. This part does not apply to spills of seed materials
intended for planting or to crop materials that have been harvested
if the spills are incidental to normal agricultural operations and
such materials are not intentionally made available to deer.
E.
Use of bird feeders or their equivalent for the primary purpose of
feeding of birds.
F.
Cultivation of naturally growing grains, fruits or vegetables, for
purposes other than the feeding of deer, but which inadvertently attract
deer.
G.
Activities related to the normal feeding of livestock.
H.
The raising crops and crop aftermath, including hay, alfalfa and
grains, produced, harvested, stored or fed to domestic livestock in
accordance with normal agricultural practices.
I.
The cultivation of a lawn or garden.
J.
Activities related to permitted "baiting" of deer related to hunting
activities only, provided that there has been prior written notice
provided to the Township and, provided further, that all materials
use to bait the deer this limited purpose shall be promptly removed
and disposed of after the hunting of deer, but no later than the close
of hunting season.
K.
Animal
control officers, federal and state game officials and other persons
authorized by the Township, county r commonwealth acting within the
scope of their authority to conduct scientific research, wildlife
damage abatement, or the treating, managing, counting, capturing or
controlling of deer and deer population.
[A.O.]
L.
Feeding
troughs for domesticated animals, like dogs and cats, that may contain
fruits, grains, vegetables or nuts.
[A.O.]
[Ord. 2005-9, 11/15/2005, § 6; as amended by Ord.
No. 2017-5, 3/7/2017; and by Ord.
No. 2021-008, 10/19/2021]
This Part may be enforced by any member of the Solebury Township
Police Force, the Zoning Officer(s), and any other person(s) appointed
by the Board of Supervisors. Any person, firm or corporation who shall
violate any provision of this Part, upon conviction thereof in an
action brought before a magisterial district judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not less
than $50 nor more than $1,000 for the first offense plus costs. Any
repeat offense shall be subject to increased fines as follows: first
repeated offense a fine of not less than $500 nor more than $1,000
plus costs and a fine for second repeated offense or any subsequent
offense shall be no more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
section of this Part which shall be found to have been violated shall
constitute a separate offense.
[Ord. 2005-9, 11/15/2005, § 7]
This part may also be enforced by injunction, action for abatement,
and other appropriate civil remedy.
