Muyni
← Back to Northbrook

Communications & Legislations Committee

Regular Meeting

Northbrook, IL · July 14, 2015

AgendaMinutes

Minutes

APPROVED MINUTES OF A MEETING OF THE COMMUNICATIONS AND LEGISLATION COMMITTEE VILLAGE OF NORTHBROOK COOK COUNTY, ILLINOIS TUESDAY, JULY 14, 2015 CALL TO ORDER Trustee Ciesla called the meeting to order at 6:01 p.m. Present were Trustees Heller, Ciesla, and Israel. Also present were Village Manager Richard Nahrstadt; Deputy Village Manager and Chief Financial Officer Jeff Rowitz; Director of Development and Planning Services Thomas Poupard and Attorney Stewart Weiss of the law firm of Holland and Knight. Members of the public attending included Linda Carroll, Mike Carroll, Peg Nolan, Steve Kaiser, Helene Gidaspow, and Ann Berwald. HEAR FROM THE AUDIENCE None. DISCUSSION: Review of Wildlife Ground Feeding Municipal Code Regulations Trustee Ciesla invited comments from the audience. Helen Gidaspow read the proposed amendment to the municipal code to the Committee, noting she did not find it acceptable. She asked the Committee to leave birds out of it. She explained she does not have hanging bird feeders now. She does have birds, like ducks, that are ground feeders. Ms. Gidaspow expressed her opinion that the proposed ordinance is a big intrusion on her property especially if it does not affect her neighbors. Ms. Gidaspow pointed out there are other factors that attract birds like fruit trees. Ms. Ann Berwald read Trustee Ciesla’s quote from the July 11th newspaper article. She asked Trustee Ciesla to confirm squirrel houses will not be banned. She stated she is not trying to domesticate animals in Northbrook. Ms. Peg Nolan stated she has been in Northbrook for 40 years. She questioned if an ordinance amendment is needed to address this issue when there have been only three complaints. She questioned why this issue can’t be taken care of between homeowners? Linda Carroll stated this problem has been going on for years. She explained her primary concern is health and she does not like cleaning up after the birds. Ms. Carroll noted what others are doing in the yard is affecting their neighbors. Steve Kaiser explained he lives by the tollway near the forest preserve. During the winter the wild life is a problem. He explained the animals get hungry and they then eat the plants. Mr. Kaiser explained how he has tried to stop the animals from the eating the plants, but the only way to stop them was by putting out food for them. He asked that the Committee not include areas located around forest preserves in the amendment. Trustee Israel asked whether he has had any complaints from his neighbors and in response Mr. Kaiser stated no. Trustee Ciesla ended the comments. Trustee Israel questioned the prohibition of pole bird feeders. He stated he felt they were appropriate for bird feeders. Trustee Ciesla questioned if he would like the word “hanging” removed from the proposed ordinance and Trustee Israel stated he was ok with that. Trustee Israel then noted his concern with seed outside. He questioned if this means to attract animals, and noted you put seed in the yard to grow food. He stated he was not sure how to reconcile the difference. Trustee Ciesla noted the issue of hanging feeders is already addressed and will be removed from the proposed amendment. Trustee Israel moved, seconded by Trustee Ciesla to recommend to the Board the proposed municipal code change with the amendment. On voice vote all were in favor. ADJOURN Trustee Israel, seconded by Trustee Ciesla, moved to adjourn the meeting at 6:15 p.m. The motion passed by voice vote. Respectfully submitted, /s/ Debbie Ford Village Clerk

Agenda

COMMUNICATIONS & LEGISLATION COMMITTEE NORTHBROOK VILLAGE HALL, 1225 CEDAR LANE JULY 14, 2015, 6:00 P.M., TERRACE ROOM The Communications & Legislation Committee of the Village of Northbrook Board of Trustees will hold a meeting on Tuesday, July 14, 2015 at 6:00 p.m. in the Terrace Room of the Village Hall, 1225 Cedar Lane, Northbrook, Illinois. The following will be discussed. MEETING AGENDA Please note: A light dinner will be provided for Board Members and Staff 1. CALL TO ORDER 2. HEAR FROM THE AUDIENCE 3. CONTINUED DISCUSSION – Review of Wildlife Ground Feeding Municipal Code Regulations 4. ADJOURN (Note: Another Committee meeting is scheduled to begin at 6:15 PM) ATTACHMENTS:  Staff Memo and Draft Ordinance - Wildlife Ground Feeding Regulations Kathryn Ciesla, Chair Communications/Legislation Committee Members: Trustee Heller Trustee Israel Village of Northbrook Cook County, Illinois July 14, 2015 The Village of Northbrook is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of this meeting or the facilities, are requested to contact Greg Van Dahm or Debbie Ford (847- 664-4014 and 847-664-4013, respectively) promptly to allow the Village of Northbrook to make reasonable accommodations for those persons. Hearing impaired individuals may call the TDD number, 564-8645, for more information. DEVELOPMENT & PLANNING SERVICES TO: RICHARD NAHRSTADT, VILLAGE MANAGER FROM: THOMAS POUPARD, DIRECTOR OF DPS DATE: JULY 10, 2015 SUBJECT: COMMUNICATIONS & LEGISLATION COMMITTEE REVIEW DRAFT MUNICIPAL CODE AMENDMENT LIMITATIONS ON GROUND FEEDING OF WILDLIFE The Communications and Legislation (C&L) Committee of the Board of Trustees will meet on Tuesday, July 14, 2015 at 6:00 PM to continue the discussion of restrictions on ground feeding wildlife. The C&L Committee last discussed this topic during a committee meeting held on June 23, 2015. The C&L Committee heard additional public comments from residents and then discussed various code language options to prohibit ground feeding. The Committee directed the Village Attorney to prepare a draft ordinance for their review during a brief meeting on July 14. Anticipating that the language would be acceptable, they also asked the item be paced on the Regular Meeting agenda for later that evening. Attached to this cover memo is a draft amendment to the Municipal Code to prohibit ground feeding. The primary restrictions in the draft code language follows: It shall be unlawful for any person to place table scraps, seed or other food out-of-doors in any residential zoning district of the village, outside of appropriate waste containers and in such a manner as to harbor or attract wild animals, including without limitation, raccoons, coyotes, skunks, deer, possums, foxes, or squirrels, and thereby cause such wild animals to become habituated to humans. Above-ground hanging bird feeders are allowed as long as all feed is placed in a container or feeder designed for the specific purpose of feeding birds. If the Committee finds the language in the draft ordinance acceptable, it would be appropriate to recommend its approval for consideration by the Board on July 14. The draft ordinance has already been placed on the July 14 Regular Meeting agenda. The Village Attorney and Staff will be in attendance for the Committee meeting to answer any questions regarding the ordinance language. Page 1 DRAFT ORDINANCE NO. 2015- BE IT ORDAINED by the President and Board of Trustees of the Village of Northbrook, County of Cook and State of Illinois THAT: AN ORDINANCE AMENDING THE NORTHBROOK MUNICIPAL CODE (1988), AS AMENDED, REGARDING GROUND FEEDING OF WILD ANIMALS shall be, and is hereby, adopted as follows: 1 Section 1. BACKGROUND. 2 3 Chapter 5 of the Northbrook Municipal Code (1988), as amended (“Municipal Code”) 4 regulates the harborage and ownership of animals, both domesticated and wild. Village staff now 5 recommends that the Village amend the Municipal Code to adopt specific regulations prohibiting ground 6 feeding in residential zoning districts in a manner that attracts wild animals and declaring such feeding 7 to be a nuisance. 8 9 The President and the Board of Trustees hereby find that it is in the best interest of the 10 public and the Village to amend the Municipal Code as specifically provided in this Ordinance. 11 12 Section 2. AMENDMENTS. 13 14 A. Section 5-2, of Article I, entitled “In General,” of Chapter 5, entitled “Animals,” 15 of the Municipal Code, shall be amended to be and read as follows: [Added text bold and double 16 underlined; deleted text struck through] 17 18 Sec. 5-6. Harboring, or ownership, and ground feeding of dangerous, feral, 19 undomesticated, vicious, or wild animals prohibited. 20 (a) No person shall be allowed to harbor, or have ownership in, any dangerous, feral, 21 undomesticated, vicious, or wild animal, except when such an animal is harbored in, or 22 owned by, an approved facility and provided such an animal remains in an escape-proof 23 enclosure at all times. 24 (b) It is no defense to a violation of subsection (a) that the person harboring, or claiming an 25 ownership in, any dangerous, feral, undomesticated, vicious or wild animal has 26 attempted to domesticate, or in any way make safe, the dangerous, feral, 27 undomesticated, vicious, or wild animal. Any dangerous, feral, undomesticated, vicious, 28 or wild animal harbored or owned in violation of this section shall be subject to 1 1 immediate seizure and placement in an approved facility, or otherwise disposed of 2 according to the provisions of state law. 3 (c) It shall be unlawful for any person to place table scraps, seed or other food out-of- 4 doors in any residential zoning district of the village, outside of appropriate waste 5 containers and in such a manner as to harbor or attract wild animals, including 6 without limitation, raccoons, coyotes, skunks, deer, possums, foxes, or squirrels, and 7 thereby cause such wild animals to become habituated to humans. Above-ground 8 hanging bird feeders are allowed as long as all feed is placed in a container or feeder 9 designed for the specific purpose of feeding birds. 10 (d) Any person found guilty of violating this section shall be fined an amount as established 11 in the annual fee ordinance and shall be responsible for any and all costs connected 12 with the seizure, confiscation, confinement, and disposal of such animal, including any 13 and all reasonable attorneys' fees. 14 B. Section 16-1, entitled “General prohibition; abatement,” of Article I, entitled “In 15 General,” of Chapter 16, entitled “Nuisances,” of the Municipal Code, shall be amended to be and read 16 as follows: [Added text bold and double underlined; deleted text struck through] 17 18 Sec. 16-1. - General prohibition; abatement. 19 (a) It shall be unlawful for any person to cause, permit or maintain the existence of any 20 nuisance on any property under his control, leasehold, or ownership. 21 (b) The village manager or his authorized representative is hereby authorized to abate or 22 take all necessary action to abate any nuisance existing in the village. The village 23 sanitation is hereby authorized, in addition to other village officers, to abate any 24 nuisance defined in paragraphs (1), (2), (3), (5), (7), (8), and (9) of subsection (c) of this 25 section. 26 (c) Any of the following shall constitute a nuisance: 27 * * * 28 (16) The prohibited harboring, ownership, or ground feeding of dangerous, vicious, 29 or wild animals as set forth in Section 5-6. 30 * * * 31 Section 3. EFFECTIVE DATE. 32 This Ordinance shall be in full force and effect ten days after its passage, approval and 33 publication in pamphlet form as provided by law. 2