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may reasonably be expected to intentionally result in deer feeding, unless such items are screened or <br />protected in a manner that prevents deer from feeding on them. Also prohibited are salt licks and powder or <br />liquid deer attractants, unless legally used for deer management control purposes. Living fruit trees and other <br />live vegetation shall not be considered as deer feeding. <br />Subd. 4. Exceptions. This prohibition shall not apply to: <br />A. Veterinarians, City animal control officers or county, state or federal game officials, who are in the <br />course of their duties, have deer in custody or under their management; <br />B. Persons authorized by the City to implement the deer management program approved by the City <br />Council; or <br />C. Any food placed upon the property for purposes of trapping or otherwise taking deer where such <br />trapping or taking is pursuant to a permit issued by the Minnesota Department of Natural <br />Resources. <br />D. Persons feeding birds using self -enclosed feeding devices or containers. <br />E. The use of straw, hay or straw -related materials for erosion control, mulching, gardening or other <br />landscape purposes. <br />F. Persons on property with a livestock operation not intentionally feeding deer. For the purposes of <br />this section, "Livestock Operation" means an operation commonly associated with the keeping of <br />animals. Including but not limited to: the keeping of horses, cattle or chickens, raised for home use <br />or profit. <br />Subd. 5. Enforcement. <br />A. Responsible Authority. The City Police Department and the City Engineering Department shall <br />enforce the provisions of this Ordinance <br />B. Civil Remedies. This Section may be enforced by injunction, action for abatement, or other <br />appropriate civil remedy to eliminate a public nuisance. <br />C. Criminal Penalties. Notwithstanding anything in City Code to the contrary, a person who violates <br />any provisions of this Section shall be guilty of a petty misdemeanor. The first violation of this <br />section shall result in a written warning. Any subsequent violation shall result in a citation for the <br />petty misdemeanor offense. Each act of violation and each day a violation occurs or continues is a <br />separate offense. In all cases the City shall be entitled to collect the cost of prosecution to the <br />extent outlined by law, the Rules of Criminal Procedure, and the Rules of Court. <br />Subd. 6. Severability. If any provisions of this Section or the application of a provision to a <br />particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the <br />Section and the application of the Section to any other situation shall be considered severable, and shall be <br />given in effect to the maximum extent possible. <br />N <br />