HomeMy WebLinkAboutApprove for introduction Ordinance No. 4068 adding section 1 Dept ID CS 15-008 Page 1 of 2
Meeting Date 8/17/2015
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CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/17/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Janeen Laudenback, Director of Community Services
SUBJECT: Approve for introduction Ordinance No 4068 adding section 13 48 075 to the
Huntington Beach Municipal Code (HBMC) prohibiting feeding, disturbing or
physical contact with wildlife on City property
Statement of Issue
At the June 1, 2015, City Council meeting, the City Attorney was requested to review existing
municipal code language prohibiting the maltreatment of wildlife and to develop a new ordinance
that specifically prohibits the feeding of wildlife
Financial Impact
Not applicable
Recommended Action
Approve for introduction Ordinance No 4068, "An Ordinance of the City of Huntington Beach Adding
Section 13 48 075 to the Huntington Beach Municipal Code Relating to Parks "
Alternative Action(s)
Do not adopt the ordinance adding MC 13 48 075 prohibiting the feeding of wildlife and provide the
City Attorney with an alternate direction
Analysis
The hazards of feeding waterfowl are numerous and include avian diseases, overpopulation,
interbreeding (feral and domestic fowl come together for the food), property damage (the "grazing"
results in landscape problems), poor water quality, and non-migration Residents have reported
that feeding wildlife is a daily occurrence at City parks Currently, State law clearly prohibits the
feeding of waterfowl in city parks, while the language in the City ordinance is not as clear
State law reads "No person shall harass, herd or drive any game or nongame bird or mammal or
furbearing mammal For the purposes of this section, 'harass' is defined as an intentional act which
disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding,
feeding or sheltering This section does not apply to a landowner or tenant who drives or herds
birds or mammals for the purpose of preventing damage to private or public property, including
aquaculture and agriculture crops "
The current City of Huntington Beach ordinance reads as follows
13 48 070 Animals — No person shall trap, kill, injure, catch or maltreat any wild
or domesticated bird or animal, or destroy, remove or disturb any of the young or
Item 17. - I HB -680-
Dept ID CS 15-008 Page 2 of 2
Meeting Date 8/17/2015
eggs of same, or permit any dog to pursue, trap, kill or wound any wild or
domesticated bird or animal, except that the provisions of this section shall not apply
to City employees regulating animal populations that have been declared a nuisance
or hazard by the director consistent with laws protecting such animals (434-3/40,
564-10/50, 1026-2/64, 1246-10/66, 2451-11/80, 3715-7/05, 3721-10/05)
While the City includes the "feeding" of any wild animal, including waterfowl, in their definition of
"maltreatment," the current ordinance does not clearly articulate the "prohibition of feeding "
Therefore, the importance of the prohibition of feeding is not easily understood or recognized by
residents For this reason, City Council directed the City Attorney to review the existing municipal
code language that prohibits the feeding of wildlife, and to bring new language to the City Council
for adoption as an amendment to the current Municipal Code
The City Attorney is recommending that the following language be added to the current Municipal
Code
13 48 075 — Feeding Wildlife on City Property Prohibited — Unless specifically
authorized by the Director of Community Services in writing, no person shall feed,
disturb or have physical contact with wildlife on City property
Environmental Status
Not applicable
Strategic Plan Goal
Improve quality of life
Attachment(s)
1) Ordinance No 4068 "An Ordinance of the City of Huntington Beach Adding Section
13 48 075 to the Huntington Beach Municipal Code Relating to Parks"
2) June 1, 2015, Councilmember Item
HB -681- Item 17. - 2
A tHMENT # 1
ORDINANCE NO 4068
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING SECTION 13 48.075 TO THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO PARKS
The City Council of the City of Huntington Beach does hereby ordain as follows-
SECTION I Section 13 48 075 of the Huntington Beach Municipal Code is hereby
added to read as follows:
13.48.075 Feeding Wildlife on Cite Property Prohibited
Unless specifically authorized by the Director of Community Seivices in witting, no person shall
feed, disturb or have physical contact with wildlife on City property
SECTION 2 This oidinance shall become effective 30 days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 8 t h day of September 5
P' W7�+
Mayoi
ATTEST APPROVED AS WC
City erk City Attorney
REVIEW APPROVED- INITIATED AND APPROVED
CitPanager Directoi of Community Seivices
15-4683/122670 doc 1
Ord. No. 4068
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven,that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on August 17, 2015, and was again read to said City Council at a
Regular meeting thereof held on September 8,2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published
in the Huntington Beach Wave on September 17,2015
In accordance with the City Charter of said City a
Joan L Flynn. QLty Clerk CitNIerk and ex-officio Ferk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Ordinance No . 4068
LEGISLATIVE DRAFT
OF IIBMC SECTION 13.48.075
3.48,075 Feeding Wildlife on Cite Pronerh, Prohibited
Unless specifically authorized by the Director of Commumty Services in - na. no
person all feed disturb or have physical contact with wildlife on CIZ nrorrerty
15-4683/122639
HB -683- Item 17. - 4
ATTACHMENT #2
CITY OF HUNTINGTON BEACH
City Council interoffice Communication
To: Honorable Mayor and City Council Members
From: Barbara Delgleize, City Council Member 62)
Date: May 26, 2015
Subject: CITY COUNCIL MEMBER ITEM FOR THE JUNE 9, 2015, CITY
COUNCIL MEETING— FEEDING OF WILDLIFE IN CITY PARKS
STATEMENT OF ISSUE:
A recent article discussing the issue of the 6verfeedmg of waterfowl in city parks has
brought attention to the need to clarify the current "no feeding" ordinance State law
clearly articulates that the feeding of wildlife is prohibited, however, City municipal
codes are not as clearly stated or easy to understand by the general public.
ti
Current state law reads: "No person shall harass, herd or drive any game or nongame
bird or mammal or forbearing mammal. For the purposes of this section, 'harass` is
defined as an intentional act which disrupts an animal's normal behavior patterns, which
includes, but is not limrted to, breeding, feeding or sheltering. This section does not
apply to a landowner or tenant who drives or herds birds or mammals for the purpose of
preventing damage to private or public property, including aquaculture and agnculture
crops."
The current City of Huntington Beach ordinance is not as clear, and reads "No person
shall trap, kill, injure, catch or maltreat any wild or domesticated bird or animal. " The
City includes the feeding of any wild animal, including waterfowl, in their definition of
maltreatment, yet the current ordinance does not clearly articulate the prohibition of
feeding of wildlife
RECOMMENDED ACTION„
Direct the City Attorney to review existing municipal code language prohibiting the
maltreatment of wildlife, craft language that clearly states that the feeding of wildlife is
prohibited, and bring this language back to City Council for adoption as an amendment
to the current municipal code.
xc, Fred Wilson, City Manager
Ken Domer, Assistant City Manager
Joan Flynn, City Clerk
Michael Gates, City Attorney
Janeen Laudenback, Director of Community Services
Item 17. - 5 HB -684-