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Committee advances ordinance banning feeding of seagulls citywide after debate over fines
Summary
The committee recommended approval on third reading of an ordinance prohibiting feeding geese, ducks and seagulls on all property within Cheyenne. Council members debated fine levels and ultimately approved a maximum fine of $750 rather than the low misdemeanor minimum the draft originally specified.
The Public Services Committee voted to recommend approval on third and final reading of an amendment to Cheyenne’s animal care and control code that expands a feeding prohibition for geese and ducks to include seagulls and to apply the ban citywide.
City staff presented the item as unchanged since its prior committee appearance and said the amendment aims to address a health hazard from seagull feeding reported in Ward 3. Council sponsor Mark Moody (Ward 3) told the committee the draft originally set the penalty for violating the section as a misdemeanor punishable by a fine of not less than $10 and not more than $25; he reported constituent concern that the low amount would not deter repeat conduct and proposed raising penalties.
Committee members debated approaches to penalties. City Attorney John Brody advised the committee that the city’s standard practice is to rely on the code’s general-penalty provision and the municipal bond schedule to give the court flexibility; courts could set bond amounts and, under the general misdemeanor ceiling, impose fines up to $750 where appropriate. Captain David James, who reviewed the municipal bond schedule for the committee, said typical citation bond amounts for municipal criminal ordinances start at about $150 and often fall in the $150–$200 range.
Councilman Moody proposed an amendment to set a minimum of $100 and a maximum of $200; that amendment was seconded but defeated. A subsequent amendment to set the offense as a misdemeanor punishable by a fine of not more than $750 was adopted. Several council members said they were reluctant to prescribe a strict minimum because they wanted judges to retain discretion for more serious cases and to avoid creating a mandatory jailable offense. Public commenters included Mark Rennie (questioning prescriptive fines) and Captain James (providing bond-schedule context). The committee approved the ordinance as amended; the recommendation will go to the full council for final consideration.
