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ORDINANCE NO. 2011- 17 AN ORDINANCE AMENDING CITY OF CODY MUNICIPAL CODE BY AMENDING TITLE 5, CHAPTER 3, SECTION 21, PERTAINING THE FEEDING OF DEER BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: Section 5-3-21 SHALL READ AS FOLLOWS: A. It shall be unlawful for any person to place, distribute or allow any device or any fruit, grain, mineral, plant, salt, vegetables, seed or bird seed or other materials (food) outdoors on any public or private property which feeds or attracts deer. 1. It shall be the duty of each property owner or occupant to remove any and all food placed on the property in violation of this ordinance. Failure to remove such food within 24 hours after written notice from the City, or otherwise continuing to feed deer after receiving notice from the City, shall constitute a violation of this ordinance. 2. It shall be the duty of each property owner or occupant to remove any device placed on the property from which deer actually feed. Alternatively, the property owner or occupant may modify such a device to prevent deer from having access to or feeding from the device, or make such other changes to the property that prevent deer from having any access to the device. The failure to remove such a device or to make such modifications within 24 hours after notice from the City shall constitute a separate violation of this ordinance. 3. PRESUMPTION. There shall be a rebuttable presumption that either of the following acts are for the purpose of feeding deer: a. The placement of fruit, grain, mineral, plant, salt, vegetable or other materials in an aggregate quantity of less than two quarts at a height of less than six feet off the ground; b. The placement of fruit, grain, mineral, plant, salt, vegetable or other materials in an aggregate quantity of two quarts or more in a drop feeder, automatic feeder, or a similar device regardless of the height of the fruit, grain, mineral, plant, salt, vegetable or other material. B. EXCEPTIONS. This ordinance shall not apply to the following: 1. Planted material growing in gardens, or standing crops; 2. Naturally growing materials, including but not limited to fruit and vegetables; 3. Stored crops provided the stored crop is not intentionally made available to deer; 4. Deer feeding authorized by the City Council or the Wyoming Game and Fish Department for a specified public purpose; 5. The normal feeding of livestock and/or the practice of raising ---PAGE BREAK--- crops and crop aftermath, including hay, alfalfa and grains, produced, harvested, stored or fed to domestic livestock in accordance with normal agricultural practices; 6. The cultivation of a lawn or garden; or 7. The feeding of birds where the bird food is made unavailable to the deer. This Ordinance shall become effective at the final passage and publication in the Cody Enterprise as required by law. PASSED ON FIRST READING: ______April 19, 2011______ PASSED ON SECOND READING: 3, PASSED ON THIRD READING: 17, 2011______ Nancy Tia Brown Mayor ATTEST: Baker Acting Administrative Services Director