Portsmouth City Council once again tackled the controversial topic of an ordinance banning citizens from feeding stray animals at the City Manager’s Conference.
The proposed legislation would ban feeding stray animals and pigeons. Portsmouth has long struggled with the issue of stray animals. The dog shelter is filled to capacity despite a generous donor offering to pick up the tab for animal adoptions.
Mayor Kevin E. Johnson said, “My only problem with this ordinance is if a cat or dog comes into your yard, which is private property, and you feed that cat or that dog, you could be fined. But I heard last time that it could be at the discretion of the officer. Where are we on this? If I had a dog or cat in my neighborhood and it came to my yard and I fed it, then I could be fined $50?”
Portsmouth City Code Officer Andy Gedeon said, “There’s factors that would factor into that.” He said it would depend on whether the food was spread all over your yard creating a nuisance or neatly in a bowl. Gedeon said that if you were dispensing the food in a neat and tidy fashion, you would not be fined. “But if you have food all over your yard, you’re creating a nuisance condition.”
Gedeon said that attracts pigeons, rats, and squirrels. “But if it’s neatly in a bowl feeding a stray cat, we have better things to do than fine homeowners.”
Confusing Wording
Mayor Johnson said several residents had expressed concern over the issue. Johnson read from the proposed ordinance that said, “It is a nuisance for any person to feed any animal not owned by them on private property.” He said that seemed to send out a mixed message. “So, you’re saying if a hungry dog or cat comes on to your property and you feed them, you won’t be fined.”
Gedeon said that residents would not be fined as long as they confined the food to a bowl. “As long as it’s neatly on your porch, you aren’t going to be fined.”
Not only must homeowners keep feeding neat, but they are also responsible for removing animal feces from their property, even if their pets didn’t deposit it there.
Changes to Ordinance
Councilman Sean Dunne wanted to know if business owners were allowed to offer food or water bowls for visiting animals. Gedeon reiterated that as long as food and water were neatly in a bowl, there shouldn’t be an issue.
Gedeon said the law was prompted by individuals feeding pigeons on the Esplanade and by a resident who emptied out 40lb bags of cat food on their lawn.
Gedeon suggested changing the wording of the ordinance to reflect that those feeding an animal from a bowl would not be subject to a fine. He said he would research the wording and get back to the council with changes.