[Adopted 2-2-2021]
This article is enacted in accordance with C.G.S. § 7-148(b),
which permits a municipality to adopt ordinances creating permanent
local laws of general applicability, and C.G.S. § 7-148(c)(7)(D)
and C.G.S. § 7-148(c)(7)(E) which grant municipalities the
power to regulate and prohibit the keeping of wild or domestic animals
and to define, prohibit and abate within the municipality all nuisances
and causes thereof.
A.
The purpose of this article is to prohibit the intentional regular
or continuous feeding of unconfined wildlife in any public park or
on any other property owned or operated by the Town of Manchester
and to restrict the feeding of unconfined wildlife on private property
within its territorial limits so as to protect the public health,
safety and welfare of the citizens of the Town of Manchester.
B.
The Board of Directors enacts this article based on the following
legislative findings:
(1)
Persons have been known to regularly feed wildlife on public lands
and/or on private lands.
(2)
Wildlife experts have widely concluded that such regular feedings
are deleterious to the wildlife in that they reduce the wildlife's
ability to survive in nature because of a growing dependency on humans.
(3)
Such feeding creates a nuisance to public health because of the excessive
animal droppings attendant to such feeding of wildlife.
(4)
Such feeding can create unreasonable disturbance that affects surrounding
property owners and renders other persons insecure in the use of their
property.
As used in this article, the following terms shall have the
meanings indicated:
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
The action of owning, maintaining, or protecting something.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Happening repeatedly in a fixed pattern, with equal or similar
amounts of time between one and the next.
For purposes of this article, "wildlife" is defined as deer,
bears, coyotes, foxes, turkeys and geese.
A.
No person shall intentionally feed any wildlife, on a regular or
continuous basis, on private property or in any public park or on
any other property owned or operated by the Town of Manchester.
B.
The following entities shall be exempt from this regulation:
(1)
Nonprofit agencies/organizations dedicated in rehabilitating and/or
relocating wildlife; and
(2)
Nonprofit agencies/organizations operating environmental education
centers where the wildlife may be confined or unconfined; and
(3)
Commercial pest control services if the feeding of the wildlife is
in furtherance of trapping or pest control purposes; and
(4)
Any public officer or public employee in the performance of his or
her official duties.
C.
The feeding of unconfined wildlife shall be permitted outdoors on
public and private property at such times and in such numbers that:
(1)
Such feeding on public and private property does not create an unreasonable
disturbance that affects the rights of surrounding property owners
and renders other persons insecure in the use of their property.
(2)
Such feeding on public and private property does not create an accumulation
of droppings on the property and surrounding properties.
(3)
Such feeding on public and private property does not become an attractant
for rodents or other wild animals.
(4)
No food is left overnight outdoors on public and private property
(through purposeful placement on the ground or in bowls, containers,
etc.).
A.
The Town Animal Control Officer (ACO) shall enforce the provisions
of this article by the issuance of a citation. In the exercise of
his or her discretion, the Animal Control Officer may develop policy
or guidelines to implement the provisions of this article as directed
and approved by the Chief of Police.
B.
Any person(s) who is found to be in violation of any provision contained
in this article shall be subject to a fine of $100.
C.
After receiving notice of a violation of this article under this
section, any person who wishes to appeal the citation shall be entitled
to a hearing under C.G.S. 7-152c.
This article shall take effect on June 1, 2021.
