For the purposes of this chapter, the following words and phrases shall mean the following:

(a)   Bird Feeder – a container, receptable, or apparatus designed for the feeding of songbirds or other backyard birds.

(b)   Feed – to give, place, expose, deposit, distribute, or scatter any edible material which may be utilized for consumption by wild animals. Feeding shall not include baiting for the legal taking of fish, game, wild animals, or domestic animals, or use of material in the capture of animals pursuant to this Code.

(c)   Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State.

(d)   Wild Animal – any animal, which is not normally domesticated, including, but not limited to coyotes, deer, feral and/or stray cats, feral and/or stray dogs, foxes, groundhogs, squirrels, chipmunks, mice, rats, rabbits, opossums, raccoons, skunks, and birds.

(Ord. G-21-04)

It is declared that the intentional feeding of wild animals with the City Limits of Plainville, Kansas constitutes a nuisance to the community and that continued feeding increases the likelihood of damage to person, property, and animals, and may contribute to the spread disease in people and animals.

(Ord. G-21-04)

No person shall knowingly or intentionally feed, or in any manner provide food to, any wild animal within the City Limits of the City of Plainville, Kansas.

(Ord. G-21-04)

The feeding of wild animals shall be allowed under the following circumstances:

(a)   The feeding of songbirds and other backyard birds in a residential district so long as the following conditions are met:

(1)   The feeding does not create an unreasonable disturbance with person, property, or wildlife;

(2)   Any feed or material is placed in a bird feeder; and

(3)   Bird feeders are placed where other wild animals are unable to eat from or so that the bird feeder does not become an attractant for other wild animals.

(b)   The feeding or baiting of wild animals by a City Officer, State Wildlife and Parks Officer, licensed pest control individual and/or entity, or licensed veterinary professional for purposes of the capture or extermination of a wild animal.

(Ord. G-21-04)

Any person violating or permitting the violation of any provision of this article shall upon conviction in Municipal Court be fined a sum not more than five hundred dollars ($500.00). In addition to the fine imposed the court may sentence the defendant to imprisonment for a period not to exceed thirty (30) days. Each day that a violation of this article continues shall be deemed a separate offense.

(Ord. G-21-04)