CITY OF HOMER

HOMER, ALASKA

Mayor/ Councilmembers

Howard, Lewis, Novak,

Roberts, Wythe, Zak

EMERGENCY

ORDINANCE 09-05(S)(A)

AN EMERGENCY ORDINANCE OF THE HOMER CITY COUNCIL REPEALING AND REENACTING SECTION 4 OF ORDINANCE 06-01(A) TO AUTHORIZE THE CONTINUED FEEDING OF EAGLES UNDER THE PERMIT ISSUED TO JEAN KEENE UNTIL MARCH 27, 2009.

WHEREAS, On February 13, 2006, the Homer City Council adopted Ordinance 06-01 (A) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, AMENDING HOMER CITY CODE CHAPTER FIVE, HEALTH AND PUBLIC SAFETY, TO ADD A NEW CHAPTER PROHIBITING THE INTENTIONAL FEEDING AND BAITING OF CERTAIN PREDATORY AND SCAVANGER BIRDS”; and

WHEREAS, Ordinance 06-01 (A) was codified as HCC Chapter 5.38; and

WHEREAS, Section 4 of Ordinance 06-01 (A) (not codified) authorized Jean Keene to continue feeding eagles at her traditional location until April 1, 2010; and

WHEREAS, Jean Keene passed away on January 13, 2009, and questions have arisen about the most appropriate manner in which to proceed with respect to the eagle feeding that she had been permitted to conduct; and

WHEREAS, Biologists with the U.S. Fish and Wildlife Service have informed the Council that in their view, stopping the eagle feeding now, in the middle of the winter, could cause more harm than good for the birds based upon experience elsewhere; and

WHEREAS, the biologists recommend that the City continue to permit eagle feeding through the end of this winter season and then prohibit the practice from that point forward.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. The Homer City Council finds that an emergency exists in that eagles in Homer have become dependent on food provided to them during the winter by Jean Keene under the permit that the City issued to her under Section 4 of Ordinance 06-01(A), and that this ordinance is required to permit continued feeding of eagles under the permit issued to Jean Keene for the remainder of this winter season, and is in the overall public interest.

Section 2. Section 4 of Ordinance 06-01 (A) is hereby repealed and reenacted to read as follows:

Notwithstanding the remainder of this ordinance, Steve Tarola, Jean Keene’s long time assistant, is authorized to continue eagle feeding under the terms and conditions of the permit issued to Jean Keene until March 27, 2009 or until the eagles disperse naturally, whichever comes first. Mr. Tarola is authorized to designate one individual as his assistant, who may feed eagles in Mr. Torola’s absence, provided that this assistant is trained and supervised by Mr. Tarola. Mr. Tarola shall notify the Homer Police Department of the name of this assistant and when he/she shall be conducting the feeding in Mr. Tarola’s absence. All eagle feeding that is permitted under this section shall cease as of March 27, 2009. The authority to permit eagle feeding under this section expires on March 27, 2009, and the City shall issue no additional permits for eagle feeding after that date.

Section 3. This ordinance is of a temporary nature and shall not be codified.

Section 4. This ordinance shall become effective as of January 26, 2009, and shall expire on March 27, 2009.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 26^th day of January, 2009.

CITY OF HOMER

_____________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________

JO JOHNSON, CMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

________________________ ____________________________

Walt E. Wrede, City Manager Thomas F. Klinkner, City Attorney

Date: ___________________ Date: _______________________