BISBEE — Please don’t feed the bears, the coyotes or the javelinas or …
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Though the proposed ordinance was on the action agenda for Tuesday’s Board of Supervisors meeting, Deputy County Attorney Britt Hanson said the ordinance required a public hearing and suggested the board table it for at least three weeks so the proper advertising to the public could be done.
Prior to that realization, County Administrator Mike Ortega and the supervisors had some comments to make on the proposed ordinance.
Ortega said the main reason for the drafting of the document was to protect wildlife from contact with humans and vice versa.
“The big problem is bears,” he said. “Wildlife is attracted by feeding, and though someone may not think they’re feeding bears, it can attract predators that could cause harm.”
The sentences for violating the ordinance is where Board of Supervisors Chairman Richard Searle had problems.
“I have a problem with the unintended consequences,” he said. “I understand the issues that (state) Game and Fish is dealing with, but the inclusion of water is not necessary.”
Hanson said the punishment can be mitigated by a judge and suggested punishments were only guidelines. The judge could reduce the sentence and the fine if it was determined that a lesser sentence would suffice.
Supervisor Paul Newman felt one reason to maintain the penalties is due to the rare cases of feeding bears that can cause harm to humans or damage their property.
Supervisor Pat Call emphasized that the officers would use common sense in applying the ordinance.
“We have increasing incidents of bears coming into human habitat in the Huachucas,” he said. “There are people who feed in spite of common sense. At least this gives them the authority to do something.”
Call didn’t see a problem with water being included.
“If my wife puts water out for her poodle, that’s not a problem. But if someone is watering a herd of deer or javelina, that can be a problem,” he added.
The ordinance was drafted to provide a way for Arizona Game and Fish Department to deal with people, particularly in the mountainous regions of the county, who refuse to comply with the departments requests to refrain from feeding wildlife.
Just last year, 17 of 21 bears were killed after coming in contact with humans.
Euthanizing predators or relocation are not viable options. Bears in particular try to return to their home range or look for civilization and the easy food. They end up dead, said John Millican, an Arizona Game and Fish wildlife manager.
But bears are not the only problem Game and Fish is encountering. Millican also told of a woman in Sierra Vista who had been feeding fresh produce to javelinas. She built a barricade of wooden pallets to protect her home from the wild critters, but would dump the produce over the barricade to feed them.
After becoming habituated to humans, the javelinas then looked to neighbors who were hauling groceries out of their cars for handouts. That presented a danger to the area. Though the woman was warned about the danger she was creating to her neighborhood.
All she had to say was, “I have to feed my pigs.” Javelinas are not pigs.
The only way Game and Fish got the woman to stop feeding them was by telling her the javelinas would have to be shot.
Proposed ordinance
Following is the text of the proposed ordinance on feeding wildlife that is being considered by the Cochise County Board of Supervisors:
• It is unlawful for any person to intentionally feed bears, javelinas, coyotes or mountain lions, or to attract them by intentionally, negligently or recklessly placing water, garbage, refuse, human or animal food, or edibles in a place that is physically accessible to such wildlife.
• Violating the ordinance is considered a Class I misdemeanor and can be fined up to $2,500 and/or up to six months in jail and three years of probation or a combination of all three.
• Feeding is defined as the intentional provision of water, animal or human food, animal carcasses or edibles to wildlife.
• Attracting is defined as placing water, animal or human food, edibles, animal parts or carcasses, garbage or refuse in an area where a reasonable person would be aware of the potential presence of wildlife.
• Any animal control officer may issue a citation for the violation of the ordinance. A first time offender can expect an informative discussion with the law enforcement officer and may be let off with a warning. A second offense can land someone before a judge for violating the ordinance.
Exceptions include:
• Feeding or attracting wildlife as permitted by Arizona law and not prohibited by any Arizona Game and Fish Commission rule or order.
• Food or edibles that are being transported, consumed or prepared for human consumption.
• Garbage or refuse that is being transported to an approved land fill or disposal facility.
• Water, food, edibles garbage or refuse located in a residence, a sealed vehicle or storage building or in a camping storage unit constructed of solid, non-pliable material.
• Food, edibles, garbage or refuse suspended at least ten feet above the ground and four feet horizontally from a post tree trunk or other object on which a bear can climb.
• Food, edibles garbage or refuse stored in a covered and locked container made of sturdy, non-pliable material provided that refrigerators or freezers that are placed outside, even if locked, are not exempt under this ordinance.
• Feed exclusively for livestock, horses, swine, poultry or fowl.
• Feeders to attract birds or other wildlife that do not pose a public safety issue, nor attract bears, javelina or coyotes.
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