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Ordinance 1848 - Bans Feeding Fowl or Abandoning Animals in ParksORDINANCE 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 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 5TH DAY OF OCTOBER, 2020. Mark Jo Maur%r ATTEST: g\*� 0, • r0p }'SEAL JudiFunk 1892 Deputy City Clerk Owx ........ SNI tltiiil 100