ORD 2002-01 - Prohibit Feeding Deer (Elkins Lake) 01-08-2002ORDINANCE NO. 2002-01
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, PROHIBITING THE
FEEDING OF DEER IN THE ELKINS LAKE SUBDIVISION; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the population of deer in the Elkins Lake Subdivision to the City of Huntsville,
Texas (the "Subdivision"), has been increasing; and
WHEREAS, the deer population in the Elkins Lake Subdivision poses a health hazard to
motorists in the Subdivision, creates personal safety concerns for both residents and visitors to the
Subdivision, causes a reduction in the native plant life for other wild animals, and causes damage
to landscaping installed by residents and the Elkins Lake Recreation Corporation within the
Subdivision; and
WHEREAS, the feeding of deer has been shown to increase the concentration of deer in the
Subdivision in the areas of feeding, thereby increasing the likelihood of collisions between vehicles
and deer, increasing threats to personal health and safety, plus increasing damage to vegetation and
landscaping in the area; and
WHEREAS, the feeding of deer has been shown to attract deer to remain in an urbanized
area; and
WHEREAS, the Elkins Lake Homeowners Association has presented a request to the City
to adopt an ordinance prohibiting the feeding of deer in Elkins Lake; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: No person shall purposely feed or provide food to wild deer in the Elkins Lake
Subdivision to the City of Huntsville, Texas, on any public or private land. A person shall be
deemed to have purposely fed or caused wild deer to be fed if the person places wheat, pellet
livestock food, corn in any form, fruit, vegetables, hay or alfalfa, human food scraps, any form of
commercially sold wildlife feed or livestock feed, or any other edible matter that deer will consume
(not including live vegetation such as ornamental landscaping or flowers) on the ground or within
reach of deer. This prohibition shall not apply to edible matter or birdseed or wildlife seed located
within an enclosed area not accessible to deer or stored in a securely sealed package.
SECTION 2: A person who violates this Ordinance commits a Class C Misdemeanor
punishable by a fine of not more than $1,000.00.
SECTION 3: If any portion of this Ordinance shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the City Council determines that it would have adopted this Ordinance without the invalid
provision.
SECTION 4: This Ordinance shall take effective immediately from and after the date of its
passage.
PASSED AND APPROVED THIS 8TH DAY OF JANUARY, 2002.
CITY OF HUN VILLE, TEXAS
William B. Green, Mayor
ATT7,T:
ctt �
Danna Welter, City Secretary
APPROVED AS TO FORM:
'---�Paul C. Is am, City Attorney