BY COUNCILORS STAUBER, STEWART AND STOVER:
The city of Duluth does ordain:
Section 1. That Article VII of Chapter 6 of the Duluth City Code, 1959, as amended, be amended by adding a new Section 6-78 to read as follows:
Sec. 6-78. Feeding of deer prohibited.
(a) Feeding of deer. Except for operation of the Duluth zoo and its programs, feeding wild deer on publicly-owned or occupied, or publicly-controlled, land is prohibited. Feeding of wild deer or allowing them to be fed on one’s privately-owned or occupied property is prohibited within the city except as follows:
(1) The feeding occurs during the period December 1 to June 1, at a permitted location;
(2) The person feeding the deer and the owner or occupier of the privately-owned land, has a valid permit to feed deer. Such a permit may be issued by the chief of police in compliance with the following standards:
(A) The chief of police and the Minnesota department of natural resources approves the issuing of the permit;
(B) Application has been made on a form furnished by the city and the application fee has been paid, which shall be set in accordance with Section 31-6(a) of this Code;
(C) Attracting deer to the feeding area will not result in increased risk of damage to any property of any person, or increased risk of collisions with deer due to their travel, or attraction of other wild animals or unleashed dogs to the area of the feed, or increased risk of damage to the critical habitat of forest plants;
(b) Appeal. A person whose application for a deer feeding permit is denied may appeal to the courts as provided for by law. Enforcement. Any employee or agent of the city who is authorized to cite another for violation of Duluth City Code and any peace officer is authorized to enforce this ordinance;
(c) Penalty. The minimum fine for a violation of Section 6-78, or its successor, shall be $50.
Section 2. That this ordinance will take effect 30 days after its passage and publication.
STATEMENT OF PURPOSE: This ordinance regulates the feeding of deer within the city, prohibiting it on public land, and requiring a permit for feeding on private land and authorizing any enforcement agent to enforce this prohibition.