§ 4-9. Bird sanctuary.

(a)

The entire area embraced within the corporate limits of the city is hereby established as a bird sanctuary.

(b)

It shall be unlawful for any person to hunt, shoot or attempt to shoot or molest in any manner, any bird or wild fowl, or to rob bird nest or wild fowl nest.

(c)

Any person found to be in violation of this section shall be sentenced to ten (10) hours of community service for the first offense and twenty-five (25) hours of community service for each subsequent offense, together with all cost of court incurred. Supervision of the required community service shall be performed under the supervision of the person, department or committee in charge of the city's parks and/or recreation facilities.

(d)

If starlings or similar birds are found to be congregating in such numbers in a particular locality as to constitute a nuisance, a menace to public health, or presents a risk of harm to public or private property, then upon the request of any citizen residing or owning property within the corporate limits the mayor or his designee shall convene a public meeting upon the nuisance.

(e)

Actual notice of not less than three (3) days shall be made by telephone, e-mail or mail to the representatives of the public health authority having responsibility for the city, Audubon Society, as well as any bird club, garden club and/or humane society registered with the city of the location, date and time of the meeting.

(f)

If as a result of said meeting no satisfactory alternative is found to abate the nuisance, then under the supervision of the chief of police the birds may be destroyed in such numbers and in such manner as is deemed advisable by local health authorities.

(Ord. No. 06-11, 10-17-06; Ord. No. 15-09 , 11-3-15)