[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.
- FEED OR FEEDING
- 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]
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:
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.
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.
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.
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.
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]
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:
Naturally Growing Materials. This part does not apply to naturally growing materials, including, but not limited to, fruit, grain, nuts, seeds, and vegetables.
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.
Stored Crops. This part does not apply to stored crops, provided that the stored crop is not intentionally made available to deer.
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.
Use of bird feeders or their equivalent for the primary purpose of feeding of birds.
Cultivation of naturally growing grains, fruits or vegetables, for purposes other than the feeding of deer, but which inadvertently attract deer.
Activities related to the normal feeding of livestock.
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.
The cultivation of a lawn or garden.
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.
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.
Feeding troughs for domesticated animals, like dogs and cats, that may contain fruits, grains, vegetables or nuts.
[Ord. 2005-9, 11/15/2005, § 6; as amended by A.O.]
This part may be enforced by any member of the Solebury Township Police Force, the Zoning Officer(s), the Code Enforcement 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.