Because of repeated dangerous incidents in Pima County regarding feeding wildlife, the Arizona Game and Fish Department petitioned the Arizona Legislature for help. Subsequently, in 2006, the Arizona legislature passed a “no feeding wildlife” law making it illegal to feed wildlife (except birds and tree squirrels) in Pima and Maricopa counties (AZ legislature law 13:2927).
A. A person commits unlawful feeding of wildlife by intentionally, knowingly or recklessly feeding, attracting or otherwise enticing wildlife into an area, except for: Tree squirrels or birds.
B. Unlawful feeding of wildlife is a petty offense. (A petty offense is a misdemeanor and punishable, under AZ statutes, by fines and/or prison time.)
To reinforce this point, our community has experienced recently several instances of conflict between SMVE residents and dangerously aggressive javalina. These wild animals were attracted by illegal feeding and/or watering of wildlife.
SMVEHOA has maintained a prohibition against such homeowner behavior in the Conditions, Covenant and Restrictions (CC&Rs-Use Restrictions, Article 13: Section 03)
….No obnoxious or offensive activity shall be carried out upon any Lot, nor shall anything be done, placed, or stored thereon which may become an annoyance or nuisance to the neighborhood or occasion any noise or odor which will or might disturb the peace, quiet, or serenity of the occupants of surrounding properties…..
At the October 19, 2009 SMVEHOA Board meeting, President Vaughan proposed the following motion consistent with Arizona law:
Effective with the distribution of the November, 2009 SMVE NEWS & VIEWS notification to the membership, no intentional feeding or watering of wild animals other than feeding of birds, using proper feeders that are out of the reach of other animals, is permitted anywhere in the SMVEHOA subdivision. Quail blocks may only be used within (not on) the walls separating your patio from the common areas. Water containing devices, within the reach of any ground creatures, must be within the patio walls and not accessible to creatures outside the walls. Placing any food item or water on the ground or within easy reach of any animal anywhere in the common areas is forbidden.
If any resident of Sunrise Mountain Estates is found to be guilty of violation of this new rule, a fine of $150/day will accrue until the offense is discontinued. In addition, the offender will be referred to Arizona Game and Fish for possible further disciplinary action.
The motion was seconded by Secretary Page. The motion was voted upon and passed by a unanimous vote of the Board of Directors.
Since only homeowners may be fined, those who rent would be wise to append this stipulation to their lease and make the tenant responsible to the landlord for the costs of any violation as the Board will charge any such fine to the homeowner.
Moreover, feeding small wild animals can create adverse unintended consequences such as attracting packrats and field mice carrying diseases as well as attracting larger predators. In addition, certain animals should NEVER be fed or watered because they become a threat to human safety. When you feed coyotes, javelina, or wildcats, they become comfortable around humans and can exhibit increasing aggressiveness. If this occurs, the animal must be removed at great expense and subsequently be either euthanized or relocated. The removed animals usually die prematurely. Therefore, you actually do animals a favor by helping them keep their natural fear of humans. To unlawfully feed or water these naturally wild animals contributes to their death.
Authors: Bill Page and Bob Vaughan