Loading...
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