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Legislation #: 081245 Introduction Date: 12/11/2008
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER MARCASON
Title: Enacting a new Section 50-205, Code of Ordinances, entitled Feeding waterfowl to prohibit feeding waterfowl in public places.

Legislation History
DateMinutesDescription
12/11/2008 Filed by the Clerk's office
12/11/2008 Referred to Public Safety and Neighborhoods Committee
1/7/2009 Do Pass
1/7/2009 Failed
1/7/2009 Hold Off Agenda
1/20/2010 Release
1/21/2010 Released

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081245

 

Enacting a new Section 50-205, Code of Ordinances, entitled Feeding waterfowl to prohibit feeding waterfowl in public places.

 

WHEREAS, many of our parks and other public spaces serve as a respite from urban life by providing green space, ponds or lakes, and other natural resources for enjoyment by the public; and

 

WHEREAS, many people enjoy watching wild animals that have made the parks and other public spaces part of their natural habitat; and

 

WHEREAS, a prime responsibility of the City, including the Board of Parks and Recreation Commissioners and the Parks and Recreation Department, is to keep public spaces safe for use by residents of all ages; and

 

WHEREAS, appropriate wildlife management techniques will protect the animals because feeding waterfowl, such as ducks and geese can result in:

 

         Large numbers of waterfowl flocking to a limited supply of handouts, creating overcrowding and competition for less nutritious unnatural food which then results in the spread of disease;

 

         Greater susceptibility of waterfowl to attack by domestic dogs, children throwing stones, and other harassment from those who see them as a nuisance;

 

         Disruption of the natural cycle of migration through the easy availability of unnatural food sources; and

 

WHEREAS, feeding waterfowl can result in the establishment of an environment dangerous to the public through the accumulation of animal waste or the attraction of other wild or disease-carrying or dangerous animals; and

 

WHEREAS, by Board of Parks and Recreation Commissioners Resolution No. 28419 adopted December 2, 2008, the Board has requested the enactment by the Council of an ordinance prohibiting feeding waterfowl; and

 

WHEREAS, such conditions can exist at public spaces in addition to parks; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That a new Section 50-205, Code of Ordinances, entitled Feeding waterfowl is enacted to read as follows:

 

Sec. 205. Feeding waterfowl.

 

(a) Findings. The Council finds that:

 

(1) The attraction of appropriate animals to public parks and other public spaces is a benefit for those choosing an urban lifestyle.

 

(2) Appropriate management of wildlife is necessary to protect the public from harm.

 

(3) Uncontrolled feeding of animals can result in the uncontrolled development of animal populations.

 

(4) Uncontrolled development of animal populations can result in threats to the public health or the attraction of undesirable or dangerous animals.

 

(5) Uncontrolled feeding of large numbers of waterfowl flocking to a limited supply of easily accessible food can create overcrowding and competition for less nutritious unnatural food which then results in the spread of disease.

 

(6) The attraction of large numbers of waterfowl leads to greater susceptibility of attacks on the waterfowl by domestic dogs, children throwing stones, and other harassment from those who see them as a nuisance.

 

(7) Inappropriate feeding of waterfowl disrupts the natural cycle of migration through the easy availability of unnatural food sources.

 

(8) The elimination of such threats to the people and wildlife, including waterfowl, is more time consuming and costly than preventing the establishment of the threats.

 

(b) Purpose. It is the purpose of this section to stop the uncontrolled feeding of waterfowl through the direct interaction with animals or by leaving food for eventual consumption by waterfowl.

 

(c) Prohibition.

 

(1) No person may feed, provide or give any food or other edible item to any waterfowl or any flock of waterfowl on any public property or park.

 

(2) No person shall deposit or place any food or other edible item on any public property or park except within a trash or garbage receptacle.

 

(d) Exception for Controlled Feeding. The section shall not apply to feeding programs conducted by the Parks and Recreation Department or to organized programs approved by the Parks and Recreation Department upon a finding that the purpose of the program is the protection, preservation or proper management of waterfowl.

 

(e) Penalty. Any person found guilty of violation of this section shall be punished by a fine of $1.00 to no more than $500.00.

 

________________________________________

 

Approved as to form and legality:

 

 

_________________________________

William Geary

Assistant City Attorney