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I2. Ordinance 1848, Prohibiting Abandonment, Feeding Animals in ParksCITY OF KALISPELL MEMORANDUM Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 REPORT TO: Doug Russell, City Manager FROM: Chad Fincher, Parks and Recreation Director MEETING DATE: September 21, 2020 SUBJECT: Ordinance 1848, Prohibiting the Feeding and Abandonment of Animals in City Parks BACKGROUND: At the July 13, 2020 workshop Council reviewed and discussed passing an ordinance related to the feeding of wild birds and desertion of animals in city parks. Council determined it would be in the best interest for community health and welfare to move forward with an ordinance that includes a civil penalty to address the abandonment of domestic animals and the feeding of domestic and wild fowl in the City parks. RECOMMENDATION: Motion to approve the first reading of Ordinance 1848, an ordinance declaring the abandonment of domestic animals in the municipal parks of Kalispell and the feeding of domestic or wild fowl in any of the municipal parks of Kalispell to be a civil offense, declaring an effective date and authorizing the City Attorney to codify the same. FISCAL EFFECTS: Implementation of an ordinance with a civil penalty would have a negligible fiscal impact to the City at this time. ALTERNATIVES: As suggested and approved by the City Council. ATTACHMENT: Ordinance 1848 Sign Example c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1848 AN ORDINANCE DECLARING THE ABANDONMENT OF DOMESTIC ANIMALS IN THE MUNICIPAL PARKS OF KALISPELL AND THE FEEDING OF DOMESTIC OR WILD FOWL IN ANY OF THE MUNICIPAL PARKS OF KALISPELL TO BE A CIVIL OFFENSE, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City Council finds that overabundant populations of fowl have contributed to an increase of bacteria pollution in the waterways of its municipal parks; and WHEREAS, the City Council finds the abandonment of domestic animals in the City municipal parks and the feeding of domestic and wild fowl in the City municipal parks can cause concentrated areas of biological waste, containing bacteria, nitrogen and phosphorus, which can lead to water quality degradation, thereby impacting popular contact recreation waterways; and WHEREAS, the City Council finds that prohibiting the abandonment of domestic animals in the City municipal parks and prohibiting the feeding of the domestic or wild fowl in the City municipal parks to be in the best interest of the health, safety and welfare of the community and the wild fowl populations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The abandonment of domestic animals and the feeding of domestic or wild fowl in the municipal parks of the City of Kalispell shall hereby be a civil infraction with assessed penalties and due process as accorded under Chapter 1, Article 2 of the Kalispell Municipal Code. A person shall be deemed to have purposely fed or caused domestic or wild fowl to be fed if the person intentionally places food, as defined in this ordinance, upon the ground or water of the City park that is within reach of the domestic or wild fowl. SECTION 2. This ordinance does not apply to an animal control officer, veterinarian, peace officer, City employee, federal or state wildlife official, who is acting pursuant to a lawfully authorized program to treat, manage, capture, trap, or remove wildlife and who is acting within the scope of the person's authority. SECTION 3. The City Attorney is hereby authorized and directed to codify this Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 21 ST DAY OF SEPTEMBER, 2020. Mark Johnson Mayor ATTEST: Judi Funk Deputy City Clerk Please do not feed the ducks, geese or other wildlife. Artificial feeding disrupts their natural behaviors and causes issues with both their health and habitat. Refraining from feeding the ducks, geese and wildlife helps in many ways: . The wildlife stay healthy . The pond stays cleaner . It prevents behavioral issues such as aggression Per City of Kalispell ordinance # 1848 �.oNTAN_