Appointed Committees

Nuisance Animal Ad Hoc Committee October 4, 2017 Page 1 Committee Members Present: Josh Wolsky, Chief Olson, Mike Ruelle, Dwayne Walz, Chuck Emery, Greg Gullickson (Sat in for Jeb Williams for the Game and Fish Department) Members Absent None Chairman Wolsky brought the meeting to order at 12:30 pm. Approval of Minutes Mr. Gullickson moved the committee approve the minutes of the September 20, 2017 committee meeting. Motion seconded by Mr. Ruelle and carried unanimously. Council Report – Hunting in the City Ordinance Chairman Wolsky described an ordinance that was passed by the City Council on first reading amending Chapter 23 (Offenses- Miscellaneous) Article IV (Weapons offenses), Division II (Other Weapons) to add Section 23-68 to the Code of Ordinances relating to offenses-miscellaneous. This was due to immediate requests to begin bow hunting in Rosehill Cemetery. The amended ordinance will prohibit hunting in city limits. §1. That the Code of Ordinances, City of Minot, North Dakota, is hereby amended by adding a section to be numbered 23-68 of Division II (Other Weapons), Article IV (Weapons Offenses), Chapter 23 (Offenses – Miscellaneous), which said section shall read as follows: Sec. 23-68. – Hunting in the City limits 1. No person shall hunt, by archery or crossbow, in City limits. 2. For purposes of this section the definitions provided in North Dakota Century Code § 20.1-01-02 shall apply. 3. Any person, entity, or group of individuals who violates any provision of this section shall be charged with an infraction, punishable by a fine not to exceed $1,000.00. The ordinance will be presented on second reading during the next City Council meeting in November. Reports a. Hunting in Other Cities Mr. Gullickson, from Game and Fish, emphasized that the Game and Fish Department does not manage wildlife populations in the city limits but have helped cities create wildlife management programs. Mr. Gullickson brought samples of programs from Fargo and Bismarck, which are available in the City Clerk’s office. The Fargo program only allows certain areas in the city to be identified as hunting areas. Only adults over the age of 18 and older who have completed necessary training can participate. In Fargo, each individual has to complete the Wildlife Management training Program which consists of training, followed by a written test and a proficiency shooting test with the participant’s archery equipment. Once Nuisance Animal Ad Hoc Committee October 4, 2017 Page 2 each individual has completed the training certification, a lottery will be conducted to select a predetermined number of those certified applicants to apply for an archery deer and/or turkey tag for the City of Fargo. Training is conducted by the Fargo Police Department, Fargo Park District, North Dakota Game & Fish Department and North Dakota Bow Hunters’ Association. Mr. Gullickson stated, the best way to reduce the population of raccoons and rabbits is by setting live traps and relocating them. Cities that allow hunting or exclusive fencing as options, will always have wildlife, especially the City of Minot which has a river corridor that runs through it. Fargo has been running their wildlife management program for ten years, using designated tracts of land. Mr. Walz asked about the success Fargo has had and how many licenses have been allowed each year to maintain the populations. Mr. Gullickson replied by saying, the population decreased in size but he did not have information available regarding the number of licenses each year. Chairman Wolsky said, the committee could discuss a solution during next meeting and look at what a possible hunting program would look like in Minot. b. Solutions for Rainbow Gardens Mr. Gullickson said, he tried to find an immediate solution for Rainbow Gardens, however, the expense would be too large. It would cost $33,000 to put in the required eight foot perimeter fence to keep the deer completely out. He added, a portion of the gardens have tried some kind of deer preventative but they have failed to keep the deer away. Upon questioning from the committee, Mr. Ruelle said, there are approximately 200 garden plots. His opinion was that he could not ask the City Council to grant money to help with the fence. Rainbow Gardens is not a community garden; it is privately owned. It is operated like a CO-OP and rents each plot to an individual, where they plant, grow, maintain and harvest the garden plot for themselves. c. Nuisance Animal Complaints and Locations Chief Olson presented a map to the committee to show the areas where complaint calls originated. In 2017 YTD, there have been 64 complaints about deer but not due to causing a nuisance. He said, 31 calls were concerning dead deer found, and approximately 20 for injured deer. In 2016, there were 73 calls for deer; 32 of which, reported dead deer, most from collisions. There were 17 calls concerning geese, most of which came from Oak Park, about people harassing the geese. There were 45 total calls for geese during 2016-2017. There were 22 calls about raccoons, most were people calling because they caught them in traps and requested animal control remove them. There were 62 total calls for raccoons during 2016-2017. There were 9 calls about turkeys which included complaints about turkey interfering with traffic, a turkey was injured or the turkey was trapped and needed to be rehomed. The police department is able to place a band around the turkey’s leg to track if it returns to the city after being removed. So far, they have not seen any banded turkeys trapped; assuming they are not coming back once rehomed out of the city limits. There were 35 calls about turkeys throughout 2016-2017. Upon questioning from Mr. Ruelle, Chief Olson explained, not all calls come to the PD. Some go to Game & Fish and to Public Works. The Public Works Sanitation Department removes the dead deer. Nuisance Animal Ad Hoc Committee October 4, 2017 Page 3 Laura Ericson, a Minot resident, asked if deer and vehicle collisions are more common in certain areas and if the city should look at traffic routes. Chief Olson stated, they have not seen much duplication where more than one deer have been killed in the same place. d. Submission of email from Mike Szymanski Chairman Wolsky reviewed the email from Mike Szymanski, the Supervisor of Migratory Game Bird Management, about controlling geese populations. Alderman Wolsky urged the committee look at a no feeding ordinance in the City. He said, at the last meeting, the Game & Fish Department agreed, feeding wild animals should be eliminated. It is not good for the animals and creates pattern behavior that is harmful to them. Also, feeding geese can cause angel wing which prevents geese from being able to fly and will eventually kill them. Mr. Emery pointed out that geese cannot be relocated and no one wants to provide a place to relocate them. The Park District has looked at several ideas on geese management, including installing an electric fence, hunt or destroy a certain number of eggs per year. The downside to destroying eggs is that the Park District is the only entity permitted to destroy them on park property. Geese tend to create nest and lay eggs just outside the park’s perimeter. They have determined the only way to control the geese is to collect eggs or implement controlled hunting. When collecting eggs, they usually take some but not all from nests. Mr. Emery stated, the Park District is drafting an ordinance making it illegal to feed geese in the parks. Ordinance Consideration – Prohibition of feeding geese, turkeys, deer, and moose Upon questioning from the committee, Chief Olson explained, there are two ways to fine an individual through the Municipal Court system. They could apply a criminal infraction with up to a $1,000 fine and no jail or a B misdemeanor with up to a $1,000 fine and 30 days in jail. There is also the possibility of enhancing fines by using first offense, second offense, etc. He recommended making a minimal mandatory fine, otherwise, the judge will decide the fine. Mr. Ruelle noted, people bring their apples to the cemetery and dump them in large amounts for the deer to eat. Alderman Wolsky asked Mr. Gullickson how the Game and Fish Department defines the no feeding rules. He replied by reading from the 2017 North Dakota Deer Hunting Guide under hunting big game over bait: “It is unlawful for an individual to hunt big game over bait in deer hunting units 3C west of the Missouri River, 3E1, 3E2, EF1 and 3F2. Hunting big game over bait on all Department wildlife management areas is prohibited. Hunting over bait is defined as the placement and/or use of bait(s) for attracting big game and other wildlife to a specific location for the purpose of hunting. Baits include but are not limited to grains, minerals, salts, fruits, vegetables, hay, or any other natural or manufactured foods. The designation does not apply to the use of scents and lures, water, food plots, standing crops or livestock feeds used in standard practices. Hunting over bait is also not allowed on all U.S. Fish and Wildlife Service national wildlife refuges and waterfowl production areas; U.S. Forest Service national grasslands; and all North Dakota state school, state park and state forest service lands.” Alderman Wolsky confirmed with Ron Merritt, Director of the Parks District, that the ordinance prohibiting the feeding of geese pertained to the Park District property only. Mr. Emery made a motion to Nuisance Animal Ad Hoc Committee October 4, 2017 Page 4 have the City Attorney draft an ordinance prohibiting the feeding of deer, moose, geese, turkey and raccoons, seconded by Mr. Ruelle. Chief Olson asked the committee to confirm what penalty they would like to use. Mr. Emery stated the criminal infraction penalty would be sufficient, with possible first offense, second offense increases. Mr. Emery then amended his motion and Mr. Ruelle amended his seconded to include an exception for the zoo. Upon questioning from the committee, Chief Olson explained, this can be enforced the best they can. The Police Department will follow up on complaints and officers will make contact when they observe people feeding animals. Public Works Director, Dan Jonasson sated, the committee will need to look at the draws and coulees that are not city limits but county property. Chief Olson commented that the city has a jurisdiction in those areas but would have to verify with the City Attorney that the ordinance can be enforced. Whereupon a vote was taken on the motion by Mr. Emery, seconded by Mr. Ruelle, and carried by the following roll call vote: ayes: Wolsky, Gullickson ,Olson, Ruelle, Walz, Emery. nays: none. Ordinance Consideration Alderman Wolsky presented a current ordinance that he said could be a road block to finding ways to control the geese and turkey populations in the City. He suggested creating an exception for managing geese and turkey eggs. Sec. 7-11 - Killing and molesting certain birds  No person in the city shall shoot at, wound, kill, take, capture, ensnare, net, trap or in any other manner, molest or injure any nondomesticated bird, except pigeons; nor in any manner molest or injure the nest eggs or young of any such bird; nor have in his possession the nest eggs, the young or body of such bird. Upon questioning from Mr. Emery, Chief Olson said the ordinance is currently enforced with a warning and he is unsure if a citation has been given. Mr. Walz suggested that if an amendment is to be requested, the committee should determine who could harass the geese and turkeys following federal guidelines. He stated, it should be someone in animal control and will need to be permitted by the Game and Fish Dept. along with approval by the City. Mr. Gullickson stated, the Game and Fish permits they provide to the Park District covers the Federal and State requirements in destroying nest and eggs. Mr. Ruelle made a motion to recommend the City Council amend Chapter 7, Section 11, Killing And Molesting Certain Birds, to include the requirement that they shall be properly permitted and sanctioned by the City for the purposes of wildlife management. Motion seconded by Mr. Walz, and carried by the following roll call vote: ayes: Wolsky, Gullickson, Olson, Ruelle, Walz, Emery. nays: none. In order to allow the potential to create a wildlife management program through hunting, Mr. Emery said, he would like to see the ordinance that is currently being considered by the City Council be amended before the second reading. Mr. Emery made a motion to recommend the City Council amend the ordinance regarding Chapter 23, Section 68.1, Hunting in the City Limits, to include the requirement that they shall be properly permitted and sanctioned by the City for the purposes of Nuisance Animal Ad Hoc Committee October 4, 2017 Page 5 wildlife management. Motion seconded by Ruelle, and carried by the following roll call vote: ayes: Wolsky, Gullickson, Olson, Ruelle, Walz, Emery. nays: none. Adjournment The next committee meeting will be October 18, 2017 at 12:30pm. Chairman Wolsky reviewed a few agenda items for next meeting, including a discussion on hunting in City limits, how the program would look and review ordinance drafts. There being no further business, the meeting was adjourned at 1:48 pm. Respectfully Submitted, Lacey McCarten Administrative Clerk