CITY OF HOMER
HOMER, ALASKA
McLay
ORDINANCE 06-01(A)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, AMENDING
HOMER CITY CODE CHAPTER 5, HEALTH AND PUBLIC SAFETY, TO ADD A NEW
CHAPTER PROHIBITING THE INTENTIONAL FEEDING AND BAITING OF CERTAIN
PREDATORY AND SCAVENGER BIRDS.
WHEREAS, The human feeding of wild, large, predatory or scavenging birds, such as Bald Eagles,
northwestern crows, common ravens, and glaucous-winged gulls within the City limits is resulting in
increasingly habituated behavior, as well as the depositing of fecal mater and garbage on surrounding
properties, and is creating other problems for residents and businesses who live next to or near people
who choose to feed eagles or other predators or scavengers; and
WHEREAS, Human feeding of some species of wild birds can create health hazards to residents and
visitors to the City; and
WHEREAS, The citizens of the City of Homer have the right to enjoy their homes and to be free from
public nuisances created by other people; and
WHEREAS, According to the U.S. Department of Agriculture Wildlife Services' "Wildlife Hazard
Assessment of the Homer Airport," "The eagle feeding station on the Homer Spit constitutes a
hazardous wildlife attractant near an airport..."; and
WHEREAS, According to the Alaska Department of Transportation's "Homer Airport Wildlife Hazard
Management Plan," a Bald Eagle feeding station on the Homer Spit attracts "hazardous movements of
Bald Eagles, ravens, crows, and gulls over an airport"; and
WHEREAS, The number of people feeding eagles, crows, and other nuisance birds in the City of
Homer has increased.
NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:
Section 1. A new chapter 5.38 of the Homer City Code, entitled "Bird Feeding Nuisance," is hereby
enacted to read as follows:
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5.38.010 Feeding or baiting certain birds prohibited. (a) No person shall intentionally feed or bait wild bald eagles, crows, ravens or gulls anywhere within the Homer City limits.
(b) No owner or person in control of property shall cause or allow the intentional feeding or baiting of wild bald eagles, crows, ravens or gulls on that property or the right-of-way abutting that property.
(c) Every act of violation and every day upon which such violation shall occur shall constitute a
separate offense.
5.38.020 Definitions. As used in this chapter, the following words and phrases shall be construed as defined below, unless the context clearly indicates a different meaning is intended:
(1) Crow means any species of crow.
(2) Feed or bait means to provide, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wild bald eagles, crows, ravens or gulls.
(3) Gull means any species of gull or kittiwake.
(4) Intentionally. A person acts "intentionally" with respect to a result described by a provision of law defining an offense when the person's conscious objective is to cause that result; when intentionally causing a particular result is an element of an offense, that intent need not be the person's only objective.
(5) Person in control means a tenant or an agent, manager, superintendent, or other owner's representative.
(6) Property means real property, developed or undeveloped, including without limitation any real property with a house, apartment building, mobile home, mobile home park, other multifamily development, any commercial or industrial structure or use, any public or private institution or organization, and vacant land.
(7) Raven means any species of raven.
5.38.030 Nuisance abatement. (a) The conduct prohibited by section 5.38.010 is a public nuisance. When the city manager determines a such public nuisance exists, the city manager may order the abatement of the public nuisance in any lawful manner for the abatement of a public nuisance.
(b) Any expenses incurred by the City in the abatement of the nuisance shall be the joint and
several obligation of the person(s) causing the public nuisance and the owner(s) and person(s) in
control of the property where the public nuisance exists. The City may bring an action to recover
such costs.
5.38.040 Regulations. The city manager may adopt regulations pursuant to implement the
provisions of this chapter, which shall become effective upon approval by resolution of the City
Council after conducting a public hearing.
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City of Homer
5.38.050 Enforcement. (a) Police officers and animal control officers are authorized to issue citations for violations of this chapter.
(b) Any person found to be in violation of this chapter shall be ordered to cease the feeding or
baiting immediately.
5.38.060 Violations and penalties. Any person violating any provision of this chapter, upon
conviction, shall pay a fine not less than $5.00 or more than $50.00 and shall pay the cost of
prosecution. For each subsequent conviction, the person shall be fined not less than $25.00 or
more than $200.00 and shall pay the cost of prosecution.
Section 2. This ordinance is of a permanent and general character and shall be included in the City Code.
Section 3. This ordinance shall become effective June 1, 2006.
Section 4. Whereas, Jean Keene has fed eagles on the property where she lives for approximately
twenty five years, the City of Homer shall issue her a letter of approval to continue feeding at this
location only. Commencing her feeding of eagles not before December 20th and finishing not after
April 1 and to cease this practice not later than April 1, 2010.
ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA this 13th day of
February, 2006.
CITY OF HOMER
__________________________
ATTEST: JAMES C. HORNADAY, MAYOR
____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Introduction:
Public Hearing:
Second Reading:
Effective Date:
Ayes:
Noes:
Abstain:
Absent:
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Reviewed and approved as to form and content:
___________________________ ___________________________
Walt E. Wrede City Manager Gordon Tans, City Attorney
Date Date
Fiscal Note: NA.