Another Otiose Municipal Ordinance

First we discuss the proceedings that led to the
enactment of the Iron River ordinance prohibiting
the feeding of certain wild animals in the city of
Iron River. They're "strange" to say the least. The
second set of problems lies in the premises the
ordinance states in order to justify itself. Not one
single premise is proven in any acceptable fashion.
Even more, several are unabashed lies where the
situation in Iron River is concerned.

And we ask why the ordinance stopped short of
banning the sale of products, within the city
limits, that have a solitary use that is banned by the
ordinance. The question is, naturally, rhetorical,
because such an ordinance would never withstand
scrutiny by the purveyors of those products who also
have tremendous local political clout. As a matter of
fact, Iron County Doings believes they are unaware
of this enactment and the ordinance may yet be
repealed once they take notice and express their 
commercial interest in it.The ordinance, as enacted,
is bound to reduce sales of some products by vendors
doing business in the City of Iron River.

We begin with March 21 where one individujal
decided the city should enact the ordinance. Iron
County Doings asks how he was representing the
interests of the community as opposed to some sort
of personal individual initiative.

"CITY OF IRON RIVER REGULAR MEETING
Wednesday, March 21, 2012 2 PM Minutes

"Deer Management: Mayor Tarsi wants an Ordinance
preventing the feeding of white tail deer in the City. A
sample ordinance was passed out for their review, and
will be discussed at the Workshop on April 3rd."

No minutes for an April 3, 2012 workshop are
available online at the time of publication of this
article. However, on April 18, a meeting was held to
accept public comment on the proposed ordinance.


"CITY OF IRON RIVER PUBLIC HEARING
Animal Feeding Ordinance
Wednesday, April 18, 2012 1:45 P.M. Minutes
Mayor Terry Tarsi opened the Public Hearing at
1:45 p.m. in the Council Chambers at the Iron River
City Hall. The Pledge of Allegiance was recited.
Roll Call: Alfred Perlongo, Ray Coates, Edward
Marcell, and Tarsi. Absent: Thomas King.

"Also present: Manager John Archocosky, Attorney
Mark Tousignant and Clerk Kathy Anderson. Public
in attendance: Jere Fritsche, Craig Richardson, Bernie
Sacheck, Bob Kostka, Char Soderbloom, Rosalie King,
and Reporters Marian Volek (WIKB/IC Reporter),
and Ben Smith (Iron County Doings).

"PURPOSE OF PUBLIC HEARING: To receive public
comment on a proposed Ordinance that prohibits the
feeding of certain animals, birds and waterfowl within
the City of Iron River. This Ordinance was introduced
on April 3, 2012, and will prohibit the feeding of the
following animals in the Iron River City limits: deer,
moose, bear, coyote, fox, wolf, raccoon, ducks, geese,
swans, seagulls, crows, turkeys and pigeons. Bob
Kostka asked how this will prevent deer from eating
from bird feeders, bushes, flowers and vegetation in
yards. Tarsi noted this is a first step towards keeping
hem out of town. The Code Enforcement Officer may
be directed by the Manager or Chief of Police to
enforce the ordinance. There being no further comment,
Coates moved to close the Public Hearing at 1:59 p.m.
Marcell seconded. All were in favor. Motion carried."

Partial trascript from:

"CITY OF IRON RIVER REGULAR MEETING
Wednesday, April 18, 2012 2 PM Minutes

[...]

"UNFINISHED BUSINESS
Adopt Ordinance Prohibiting the Feeding of Certain
Animals: Marcell moved to adopt as written, the
Ordinance published in the April 18, 2012, edition
of the Iron County Reporter. The Ordinance will
be published again and go into effect 30 days after
publication. Coates seconded. All in favor; motion
carried."

With some convincing by Mayor Tarsi, the
ordinance, published in full below, is now in effect.
Wherever you read, "it has been determined" there
is no reference available as to who the mystical
figures that made the determinations were. It
certainly was not Iron River's city council!  A review
of  the information made available to city council
members was limited to ordinances enacted by
several other communities in Michigan's upper
peninsula, at least one of which had clearly relied
on another by copying the entire ordinance from its
neighbor!

Reading the ordinance for content, we find that if
a person has a domesticated raccoon, they're
required to either take it outside of the city limits
to feed it, or starve it to death! The same is true
for racing pigeons. As your humble correspondent
has written before, if you're going to copy someone
else's work, city council, try to copy from an A
student instead of a failing one as you have done.

Recognizing some of the problems with this
ordinance, I wrote a FOIA to the health department
asking about any reports of contaminated drinking
water or private property because the ordinance
states that those are results arising from the feeding
of the listed wild animals. The Health Department has
no such reports. Deep wells, such as Iron River uses,
cannot be contaminated by the listed animals. The
reason for including the statements, unabashed lies,
in the ordinance, is to bring the act within the
acceptable "police powers" granted to cities to
protect the public health and welfare. The city
council is clearly willing to lie in order to achieve
its goals that have nothing to do with public health
and welfare. We'll probably never find out why
Mayor Tarsi railroaded the city council into
enacting this mess that is legally an enforceable
ordinance.

The text of the ordinance, as published in the Iron
County Reporter, follows:

==================================
PUBLICATION AFTER ADOPTION NOTICE
Ordinance No. __-2012 to the City of Iron River
Code of Ordinances, prohibiting the feeding of
certain animals, birds and waterfowl with the City
of Iron River, was adopted by the City Council for
City of Iron River at its regular meeting held on
April 18,2012

SECTION 1     DEFINITIONS

The following words, terms and phrases, when used
in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates
a different meaning:

1.1    “Certain animals, birds and waterfowl” means
deer, moose, bear, coyote, fox wolf, raccoon, ducks,
geese, swans, seagulls, crows, turkeys and pigeons
which reside or otherwise spend time in this area on
either a temporary or permanent basis, both wild,
domestic, or held in captivity.

1.2    “Deer” means any ruminant animal of the family
of Cervidae having deciduous antlers, usually in the male
only. 

1.3    “Feed or feeding” means:

A.    The intentionally act of furnishing of, or otherwise
making available, any human food, pet food, hay, forage
product or supplement, or other substance which is likely
to be consumed by certain animals, birds and waterfowl;
or

B.    To give or supply food to and/or providing items of
nourishment which are likely to attract certain animals,
birds and waterfowl.

1.4    “Natural unintentional feeding” means food or
other substances consumed by certain animals, birds
and waterfowl produced by, or existing in nature; not
items that are artificial or brought to or transferred to
a particular place from another location.

SECTION 2    PURPOSE

It is the purpose of this article to prevent such
conduct that may attract and concentrate certain
animals, birds and waterfowl within the city limits
of the city as it has been determined that the
presence of certain animals, birds and waterfowl
especially in large numbers, poses a public health
nuisance by contaminating drinking water supplies,
beaches, swimming facilities and the private property
of residents of the city. It has also been determined
that the congregation of certain animals, birds and
waterfowl create a hazard to motorists.

SECTION 3     FEEDING OR ENCOURAGING
PROHIBITED

A. It shall be unlawful for any person to knowingly
or intentionally keep, maintain or cause to be fed or
provide or make available food or other substance
for the consumption by certain animals, birds and
waterfowl as described by this article within the
city, either on private property or on public property,
excepting that feeding activity further described in
subsection C of this section.

B.      No person shall create or foster any condition,
or allow any condition to exist, or continue, which
results in a congregation, congestion or other grouping
of certain animals, birds and waterfowl as described by
this article.

C.    This section shall not apply to feeding activities
supervised and conducted by the city in conjunction
with its city parks, or by the city in the conduct of
management practices for the control of certain
animals, birds and waterfowl as defined by this
article. This section shall not apply to a person
engaged in the feeding of songbirds so long as the
food and manner of feeding is not attracting certain
animals, birds, waterfowl as described in this article.
This section shall not apply to natural conditions
which result in unintentional feeding such as the
cultivation of a lawn, garden or landscaping, nor
shall it apply to natural, unintentional feeding as
described in this article.

SECTION 4     ENFORCEMENT, PENALTY, CIVIL
INFRACTION, NUISANCE.

A.      Any person violating any provision of this
article shall be responsible for a municipal civil
infraction. The penalty for the first offense shall be
$50.00 and for the first repeat offense $150.00.
Repeat offense shall be determined as defined in
section 31.02 of the Iron River Code of Ordinances.
For any second or subsequent repeat offense, the
fine shall be no more than $500.00.

B.      It shall be the duty of the chief of police of
the city or his authorized representative to enforce
the provisions of this article.

C.    If, after investigation, the chief of police of
his authorized representative determines that a
violation of this article exists, he shall be authorized
to issued a municipal civil infraction notice and/or a
municipal civil infraction citation to any person that
is responsible for violating the provisions of this
article. Service of said civil infraction citation or
civil infraction notice shall be made in accordance
with section 31.04 of the Iron River Code of
Ordinances. Permitting a violation of this article on
private premises is hereby declared to constitute a
nuisance per se. Upon application to any court of
competent jurisdiction, the court may order the
nuisance abated and/or the violation restrained and
enjoined. The enforcement of this article by
abatement of any nuisance by the enforcing officer
or by application to any court of competent
jurisdiction for abatement by judicial decree or
writ shall not preclude enforcement of this article
by the issuance of a municipal civil infraction and
the imposition of fine and costs herein provided.

SECTION 5    EFFECTIVE DATE
This Ordinance shall be effective thirty (30) days
after publication.  R184/25

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Bill Vajk