Proposed Ordinance Prohibiting the Feeding and Harrassment of BearsCity of Dubuque
City Council
ACTION ITEMS # 2.
Copyrighted
May 5, 2025
ITEM TITLE: Proposed Ordinance Prohibiting the Feeding and
Harassment of Bears
SUMMARY: City Manager recommending City Council adopt an ordinance
prohibiting the intentional feeding and harassment of bears
with the city limits of Dubuque.
ORDINANCE Amending City Of Dubuque Code Of
Ordinances Title 7 Police, Fire, And Public Safety, Chapter 6
Animal Control And Adopting A New Article G Prohibiting The
Feeding Of And Harassment Of Bears Within The Corporate
City Limits Of Dubuque
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Memo to MVM Bear Ordinance FINAL
3. Bear Ordinance Clean 4-23-25
Page 318 of 326
THE CITY OF
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Ordinance Prohibiting the Feeding and Harassment of Bears
DATE: May 1, 2025
Chief of Police Jeremy Jensen and Public Health Director Mary Rose Corrigan are
recommending City Council adopt an ordinance prohibiting the intentional feeding and
harassment of bears with the city Limits of Dubuque.
The increasing sightings and presence of bears in residential and public areas in
Dubuque has raised serious concerns regarding public safety, wildlife health, and
property damage. Incidents involving the feeding and harassment of bears have
become more frequent, contributing to potential aggressive behavior by the bear(s) and
dependency on human -provided food sources.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jeremy Jensen, Chief of Police
Page 319 of 326
Dubuque
THE CITY OF
All•America city
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2007.2012.2013
Masterpiece on the Mississippi 2017*2019
TO: Mike Van Milligen, City Manager
FROM: Jeremy Jensen, Chief of Police
Mary Rose Corrigan, Public Health Director
SUBJECT: Proposed Ordinance Prohibiting the Feeding and Harassment of Bears
DATE: April 30, 2025
Introduction
The increasing sightings and presence of bears in residential and public areas in
Dubuque has raised serious concerns regarding public safety, wildlife health, and
property damage. Incidents involving the feeding and harassment of bears have
become more frequent, contributing to potential aggressive behavior by the bear(s) and
dependency on human -provided food sources. In response to these escalating risks, we
are recommending the adoption of an ordinance prohibiting the intentional feeding and
harassment of bears within the city limits of Dubuque.
Background/Discussion
In recent years, bear sightings within the corporate city limits of Dubuque have become
more frequent. While exciting to see, it should be noted that bears are a large predator
and if provoked, cornered, or in a protective mode can become dangerous and thus
setting up a potentially dangerous encounter.
The Iowa Department of Natural Resources advises bears move up and down the
Mississippi River from states such as Minnesota and Wisconsin which have large bear
populations. This movement generally occurs in the late spring and early fall by male
bears, rsulting in bears now denning in northeast Iowa. We could potentially see more
sow bears with cubs. The bears follow the river and when they come to Dubuque (the
first large metropolitan area moving from north to south), the bears do not naturally
know how to traverse or navigate around the City. The bears are then found well within
the corporate City limits. As with all animals, food is important, thus the bears look for
easy food sources.
Page 320 of 326
During the late spring and early summer of 2024, several bears were sighted in
Dubuque. The sightings were reported in real time on social media. While this is great
tool to notify people on areas to avoid, thus avoiding a negative encounter, it also had
the opposite reaction, as people flocked to the sighting areas. People were found to be
blocking roadways, driving erratically, and trespassing on private property just so they
could see and/or photograph the bear. Additionally, at least one person, in Dubuque's
Northend was found by a conservation officer to be "standing guard" with a firearm to
protect people and property from the bear. People were additionally posting comments
wanting to pet the bears. These bears appear to be docile, but in reality, they are a wild,
large predator. In response, the Dubuque Police Department, the County Conservation,
and the Iowa Department of Natural Resources deployed staff to watch the bears and in
attempt to avoid a negative interaction.
Education has been employed since this is a fairly new phenomenon in Dubuque. The
education includes:
• "A fed bear is a dead bear" because when bears become habituated to human
food they do not look for other food sources.
• What to do if you see a bear, how to be safe, and how to avoid negative
interactions.
• More education is under development and will be rolled out this spring.
Feeding of bears:
The feeding of bears can be intentional or inadvertent. Feeding encourages them to
associate humans with food, undermining their natural foraging instincts and increasing
the likelihood of dangerous human -bear encounters. Once habituated, bears may return
repeatedly to populated areas, posing significant threats to residents, pets, and
property. Tragically, habituated bears often must be euthanized for public safety. Bears
that are habituated to human food, cannot be relocated because of this learned
behavior. By refusing to remove intentional food items left out for the bear or other wild
animals, or items such as bird feeders and pet food, essentially set the bear up to be
euthanized because the leaving of food is training the bear to the food source. In 2024,
a conservation officer asked several people to voluntarily remove food sources and was
told "no".
Harassment of bears:
Harassment is both unethical and hazardous and includes taunting, approaching, or
disturbing them for photography or amusement. Such actions can provoke defensive or
aggressive responses and compromise both human and animal safety. Dubuque
County Conservation Director Brian Preston advises that a bear that was severely
harassed by people wanting to see a bear that entered Dubuque last summer was
found to be severely exhausted to the point that it could not move and barely raise it's
head. While most people do not have the intention to kill the bear or severely harm the
bear, their actions can have unintended impacts.
Other communities with bear populations facing similar challenges have seen positive
results after implementing ordinances that clearly define and penalize the feeding and
Page 321 of 326
harassment of bears. Public education with voluntary compliance is always the best
course of action and is the preferable course of action. However, in instances where
people are intentionally creating the environment that sets up a potentially dangerous
and negative interaction and upon being educated refuse to comply, an ordinance
allowing enforcement is needed to gain compliance.
Action
City Attorney Brumwell has reviewed ordinances from jurisdictions that have frequent
bear encounters and has drafted the attached ordinance.
Recommendation
We recommend that the City Manager and the City Council adopt the attached
ordinance.
Page 322 of 326
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 15 - 25
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE,
AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL AND ADOPTING A NEW
ARTICLE G PROHIBITING THE FEEDING OF AND HARASSMENT OF BEARS
WITHIN THE CORPORATE CITY LIMITS OF DUBUQUE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 7-6 is amended by adding
thereto the following new Article G:
ARTICLE G. BEARS.
7-6G-1: DEFINITIONS.
Unless otherwise expressly stated or the context clearly indicates a different intention, the
following terms shall, for the purpose of this article, have the meanings in this section:
Attractant: Any substance which does or could reasonably be expected to attract bears,
including, but not limited to, food products, pet food, feed, garbage, compost, food scraps,
grain, or salt.
Bear: Any member the family Ursidae, typically characterized as large, heavy mammals
having shaggy hair, stocky legs, long snouts, rounded ears, plantigrade paws, and short
tails
Feed: The act of providing food or food waste, including but not limited to leaving food,
trash, or other attractants accessible to bears.
Food: Any attractant or food material attractive to bears, such as human, livestock, and
pet foods; garbage and refuse; livestock carrion; other edibles and/or garbage which is
allowed to accumulate, or the residue thereof.
Harass: Any behavior that disturbs or disrupts the natural activities of a bear, including
but not limited to approaching, following, cornering, crowding, taunting, chasing, or
interfering with the bear's movement, behavior, or environment in a manner that causes
or is likely to cause the bear distress, behavior change, or poses a risk to human safety.
Wildlife management authorities: Organizations or agencies responsible for managing
and conserving fish, wildlife, and their habitats.
7-6G-2: PROHIBITIONS.
It is unlawful for any person to:
A. Feed any bear for any purpose whatsoever;
B. Negligently or otherwise make any food of any kind available to
bears;
C. Harass any bear, including, but not limited to, approaching any bear
by foot, vehicle, or drone, for any purpose, including photography; or
D. Disregard any law enforcement commands, orders, signs, or barriers
designed to protect bears and the public.
7-6G-3: REMOVAL OF FOOD SOURCES UPON REQUEST.
(a) If a bear -related issue is reported or observed in the vicinity of a property and
authorities determine that an attractant or food is contributing to the presence of
the bear, the owner or occupant of the property shall be immediately required to
remove such attractant or food upon request.
(b) Once the removal is required, the attractant or food must be eliminated and not
made available to the bear for a period of no less than ten (10) days.
(c) This period of removal is mandatory, regardless of the presence or absence of
the bear, to minimize the risk of further habituation and potential conflict.
(d) Failure to comply with this section may result in enforcement actions, including
fines or other penalties as provided in Section 7-6G-4.
7-6G-4: VIOLATION.
(a) A violation by any person of this article is punishable by issuance of a
municipal infraction pursuant to §1-4-2. Each instance of
noncompliance with this article is a separate offense.
(b) In addition to monetary penalties, the court may order alternative relief
sought by the city and restitution for damage caused to wildlife or
property as a result of the violation.
7-6G-5: EXCEPTIONS.
This ordinance shall not apply to:
(a) Any actions taken by wildlife management authorities, law enforcement
officers, or other professionals authorized to handle bears in accordance
with public safety laws and regulations.
(b) Regularly scheduled City of Dubuque refuse collection, unless ordered
otherwise by law enforcement.
Section 2. Effective Date.
This ordinance shall take effect upon publication.
Passed, approved, and adopted this 5th day of May, 2025.
rad �Cavg, Mayor
Attest:
Adrienne Breitfelder, City Clerk
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/09/2025
and for which the charge is 62.92
r,74
Subscribed to before me, a Notary Publi
Dubuque County, Iowa,
this 9th day of May, 2025
Notary Pu
nd for
in and for Dubuque County, Iowa.
p,tnc JANET K. PAPE
0 Commission Numbar 199659
My Commission Expires
/ow, 12/11/2025
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 15 - 25
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE,
FIRE, AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL AND ADOPTING
A NEW ARTICLE G PROHIBITING THE FEEDING OF AND HARASSMENT OF
BEARS WITHIN THE CORPORATE CITY LIMITS OF DUBUQUE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 7-6 is
amended by adding thereto the following new Article G:
ARTICLE G. BEARS.
7-6G-1: DEFINITIONS.
Unless otherwise expressly stated or the context clearly
indicates a different intention, the following terms shall,
for the purpose of this article, have the meanings in this
section:
Attractant: Any substance which does or could reasonably be
expected to attract bears, including, but not limited to, food
products, pet food, feed, garbage, compost, food scraps,
grain, or salt.
Bear: Any member the family Ursidae, typically characterized
as large, heavy mammals having shaggy hair, stocky legs, long
snouts, rounded ears, plantigrade paws, and short tails
Feed: The act of providing food or food waste, including but
not limited to leaving food, trash, or other attractants
accessible to bears.
Food: Any attractant or food material attractive to bears,
such as human, livestock, and pet foods; garbage and refuse;
livestock carrion; other edibles and/or garbage which is
allowed to accumulate, or the residue thereof.
Harass: Any behavior that disturbs or disrupts the natural
activities of a bear, including but not limited to
approaching, following, cornering, crowding, taunting,
chasing, or interfering with the bears movement, behavior, or
environment in a manner that causes or is likely to cause the
bear distress, behavior change, or poses a risk to human
safety.
Wildlife management authorities: Organizations or agencies
responsible for managing and conserving fish, wildlife, and
their habitats.
7-6G-2: PROHIBITIONS.
It is unlawful for any person to:
A. "Feed any bear for any purpose whatsoever;
B. "Negligently or otherwise make any food of any kind
available to bears;
C. "Harass any bear, including, but not limited to,
approaching any bear by foot, vehicle, or drone, for any
purpose, including photography; or
D. "Disregard any law enforcement commands, orders, signs, or
barriers designed to protect bears and the public.
7-6G-3: REMOVAL OF FOOD SOURCES UPON REQUEST.
(a)"If a bear -related issue is reported or observed in the
vicinity of a property and authorities determine that an
attractant or food is contributing to the presence of the
bear, the owner or occupant of the property shall be
immediately required to remove such attractant or food upon
request.
(b)"Once the removal is required, the attractant or food
must be eliminated and not made available to the bear for a
period of no less than ten (10) days.
(c)"This period of removal is mandatory, regardless of the
presence or absence of the bear, to minimize the risk of
further habituation and potential conflict.
(d)"Failure to comply with this section may result in
enforcement actions, including fines or other penalties as
provided in Section 7-6G-4.
7-6G-4: VIOLATION.
(a)"A violation by any person of this article is punishable
by issuance of a municipal infraction pursuant to ?1-4-2. Each
instance of noncompliance with this article is a separate
offense.
(b)"In addition to monetary penalties, the court may order
alternative relief sought by the city and restitution for
damage caused to wildlife or property as a result of the
violation.
7-6G-5: EXCEPTIONS.
This ordinance shall not apply to:
(a)"Any actions taken by wildlife management authorities,
law enforcement officers, or other professionals authorized to
handle bears in accordance with public safety laws and
regulations.
(b)"Regularly scheduled City of Dubuque refuse collection,
unless ordered otherwise by law enforcement.
Section 2. Effective Date.
This ordinance shall take effect upon publication.
Passed, approved, and adopted this 5th day of May, 2025.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 9th day of May, 2025.
/s/Adrienne N. Breitfelder, City Clerk
It 5/9