HomeMy WebLinkAboutApprove for Introduction Ordinance No.3696 Amending Chapter CA
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Council Meeting Date: 2/7/2005 Department ID Number: CA 05-03
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS
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SUBMITTED BY: JENNIFER MCGRAI Aity Attorney
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PREPARED BY: JENNIFER MCGRAAity Attorney
SUBJECT: Wild Bird Protection Ordinance Nb . 3 6�(-
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City ban the killing of wild birds?
Funding Source: N/A
Recommended Action: Adopt Ordinance No. 3��* entitled An Ordinance Of The
City Of Huntington Beach Amending Chapter 7.12 Of The Huntington Beach Municipal Code
Relating To The Killing Or Maiming Of Wild Birds.
Alternative Action(s): Do not adopt Ordinance No. 361
Analysis: Councilwoman Boardman brought to the Council as an "H" item a proposed
ordinance which would prohibit the use of a given pesticide which was being used to
exterminate birds. The City Attorney was asked to research whether or not the City was able
to adopt an ordinance banning the use or possession of this pesticide. Research revealed
that the State of California has pre-empted the field of pesticide regulation. Therefore,
Councilwoman Boardman suggested banning the practice of killing wild birds within the City
limits. The City Attorney's research has revealed certain sections of the California Fish and
Game Code and regulations promulgated by the Fish and Game Commission which would
preclude the City from enacting a complete prohibition on killing wild birds. This ordinance
therefore contains certain exceptions for persons who are permitted to do so.
REQUEST FOR ACTION
MEETING DATE: 2/7/2005 DEPARTMENT ID NUMBER:CA 05-03
Environmental Status:
Attachment(s):
City Clerk's
. . - Number No. Description
1. Ordinance No. 36?L An Ordinance Of The City Of
Huntington Beach Amending Chapter 7.12 Of The Huntington
Beach Municipal Code Relating To The Killing Or Maiming Of
Wild Birds
2. Le islative Draft of Chapter 7.12
GARCA12005105 wild birds.doc -2- 1/11/2005 3:11 PM
ATTACHMENT NO . 1
ORDINANCE NO. 3696
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 7.12 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO THE KILLING OR MAIMING OF WILD BIRDS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 7.12 of the Huntington Beach Municipal Code is hereby amended
by adding Section 7.12.035, said section to read as follows:
No person shall intentionally kill or maim a bird within the City of Huntington Beach.
This ordinance shall not apply to the following:
(a) A veterinarian while engaged in practicing veterinary medicine.
(b) Any person acting to prevent immediate death or injury to a person or domestic animal.
(c) An official of a state,federal or local agency who,by virtue of this office,has authority to
destroy birds.
(d) Any person acting pursuant to the California Fish and Game Code or regulations adopted
by the Fish and Game Commission,and persons issued licenses or permits authorizing
the take of birds by the State or Federal Government. This section shall not be construed
to allow the discharge of weapons in areas where their use is prohibited.
SECTION 2. This ordinance 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 29ndday of February , 2005•
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ATTEST:
APPROVED AS TO FORM:
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City CI
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REVIEWED AND APPROVED: INITIATED AND APPROVED:
City dministrator 0
City Attorney s
65ord/wild bird/IA 1105
Ord. No. 3696
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
1,JO.AN 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 the 7th day of FebruaEy, 2005 and was again read to said City
Council at a regular meeting thereof held on the 22nd day of February, 2005, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L_Flynn,CITY CLERK of the City of Huntington
Beach and ex-ofBcio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 3,2005
In accordance with the City Charter of said City
CuClerk and ex-offcio Verk
Joan L. Flynn,City Clerk of the City Council of the City
Deputy City clerk of Huntington Beach, California
ATTACHMENT NO . 2
ORDINANCE
LEGISLATIVE DRAFT
Chapter 7.12
MISCELLANEOUS ANIMAL CARE AND CONTROL
(27-11/09,66-9110, 885-2162, 1279-2/67, 1352-11167, 1835-5/73,1857-8173, 1905-4/74, 1910-6174,2067-5176, Urg.
2084-6176, 2095-9/76,2547-5182,2936-4188, 3169-9192, 3508-10/01)
Sections:
7.12.010 Bees
7.12.020 Running at large prohibited
7.12.030 Animal premises kept clean
7.12.035 Killing or maiming of birds
7.12.040 Keeping animals near inhabited structures
7.12.050 Animals prohibited in food-handling premises
7.12.060 Dead--Carcass disposal
7.12.070 Noisy animals
7.12.080 Goats
7.12.090 Horses
7.12.100 Cattle and hogs
7.12,110 Fowl and rabbits--At large
7.12.120 Fowl and rabbits--Keeping restrictions
7.12.130 Fowl--Number permitted
7.12.140 Monkeys and chimpanzees to be secured
7.12.150 Kennels
7.12,160 Residential Animal Permit
7.12.170 Dogs --Number Permitted --Dog Park
7.12.290 Enforcement
7.12.300 Penalty
7.12.010 Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained,
upon premises owned or controlled by him in the City, any hive bees within two hundred(200)
feet of any dwelling house of the owner or person in control of such bees. This section shall not
apply to the keeping of bees within,an educational institution for study or observation, or within a
physician's office or laboratory for medical research,treatment, or other scientific purposes,
provided they are not permitted to fly at large. (885-2162, 1279-2167, 1905-4/74, Urg 2067-5/76,2095-9176)
7.12.020 Running at large prohibited.
(a) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat,
cat or any animal of a species commonly referred to as wild shall:
(1) Permit such animal to run at large in the City;
(2) Cause or permit any such animal to be pastured,herded, staked or tied in any street, lane,
alley,park, or other public place;
(3) Tie, stake,pasture or permit the tying, staking or pasturing of any such animal upon any
private property within the limits of the City,without the consent of the owner or
occupant of such property, or in such a way as to permit any animal to trespass upon any
street or public place or upon any such private property;
(4) Permit any of said animals to be or remain during the nighttime secured by a stake, or
secured in any manner other than by enclosing such animal in a pen, corral or barn
sufficient and adequate to restrain such animal, or by securely fastening such animal by
means of a rope, or chain of sufficient size, strength, and weight to effectively restrain
such animal; or
legisdraft/MC0712/1/11105 1
(5) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or
otherwise.
(b) No person owning or having charge, custody, control or possession of any animal or reptile
known by such person to be vicious or dangerous, or commonly so known, or owning or
having charge, custody, or possession of any elephant, bear,hippopotamus, rhinoceros, lion,
tiger, leopard,wolf, monkey, ape, chimpanzee,bobcat, lynx,wildcat, puma, cheetah or any
animal of a species commonly referred to as wild or any poisonous reptile, shall permit or
allow the same to be at large upon any highway, street, lane, alley, court or other public place
or upon any private property other than within the enclosed premises of such person.
(1279-2/67, 1352-11167, 1835-5173, 1905-4/74, 1910-6/74, Urg.2084-6/76)
7.12.030 Animal premises kept clean. Every person owning or occupying premises where any
animal, fowl or bird is kept shall keep the stable, barn, stall,pen, coop, building or place in which
the animal is kept in a clean and sanitary condition. (885-2/62, 1279-2/67, Urg.2084-6/76)
7.12.035 Killing or maiming of birds
No person shall intentionally kill or maim a bird within the City of Huntington
Beach. This ordinance shall not apply to the following:
(a) A veterinarian while engaged in practicing veterinary medicine.
(b) Any person acting to prevent immediate death or injury to a person or
domestic animal.
(c) An official of a state, federal or local agency who, by virtue of this office, has
authority to destroy birds.
(d) Any person acting pursuant to the California Fish and Game Code or
regulations adopted by the Fish and Game Commission, and persons issued
licenses or permits authorizing the take of birds by the State or Federal
Government. This section shall not be construed to allow the discharge of
weapons in areas where their use is prohibited. -
7.12.040 Keeping animals near inhabited structures. No person shall keep any animal, fowl or
bird, wild or domestic, other than dogs, cats, canaries, or birds of the psittacinae family, within
fifty(50) feet of any inhabited structure, school or hospital provided, however,that when any
person keeps more than four(4)birds of the psittacinae family, he shall keep such birds at least
thirty-five (35) feet from any of said structures. (885-2162, 1279-2/67, 1905-4/74, Urg.2084-6/76)
7.12.050 Animals prohibited in food-handling remises. No person shall bring any dog, cat or
other live animal, or permit any dog, cat or other live animal to be brought into or to remain in
any room or place, other than a private home where food is not handled for commercial purposes,
in which meat, fish, game,poultry, fruit, vegetables, bakery goods or any other food or food
product is stored,kept,held,prepared, exposed or offered for sale, or sold for human
consumption; or permit any dog, cat or other live animal to ride upon or get into or upon any
wagon, or other vehicle in which any such articles offered or to be offered for sale for human
consumption are being kept or transported; provided,however, that the provisions of this section
shall not apply to a dog trained to guide the blind. (1279-2/67, 1905-4/74,2095-9/76 Urg. 2084-6/76)
7.12.060 Dead--Carcass disposal. It is declared to be a nuisance and no person shall cause,
suffer or permit the carcass of any animal to remain upon any lot,premises or place owned,
controlled or occupied by him or it for a period of more than twenty-four(24)hours, or to bury
the carcass of any animal upon the premises owned, controlled or occupied by him or it in the
City. (885-2162, 1279-2/67, Urg.2084-6/76)
Iegisdraft/MC0712/l/11/05 2
7.12.070 Noisy animals. It is a nuisance, and no person shall keep, maintain or permit upon any
lot or parcel of land within the City under his control, any animal or animals, including any fowl,
which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by
an entire community or neighborhood, or by any considerable number of persons. (1279-2167,
1905-4174, Urg. 2084-6/76)
7.12.080 Goats.
(a) It is a nuisance and no person shall keep or maintain any goat within fifty(50) feet of any
dwelling house other than that occupied by him or it, or more than two (2) goats within one
hundred(100)feet.of any dwelling house other than that occupied by him or it, or more than
four(4) goats within three hundred (300) feet of any dwelling house other than that occupied
by him or it, or more than five (5) goats within one thousand(1000) feet of any dwelling
house other than that occupied by him or it.
(b) No person shall keep or maintain any male goat exceeding the age of six(6)months within
the limits of the City. (885-2162, 1279-2/67, 1905-4174, Urg. 2084-6176)
7.12.090 Horses.
(a) It is declared to be a nuisance and no person shall stable or corral any horse or horses within
fifty(50) feet of any street line.
(b) It is declared to be a nuisance and no person shall stable or corral any horse or mule within
fifty (50) feet of any dwelling house other than occupied by him or them, or to stable more
than two horses or mules within one hundred (100) feet of any dwelling house other than that
occupied by him or them.
(c) No person, firm or corporation shall keep or stable any burro or burros, or donkey or
donkeys,within one hundred (100)feet of any dwelling house other than that occupied by
him or it.
(d) Street line. For the purposes of this chapter, "street line" means the nearest edge of any
sidewalk and, if there is no sidewalk,the nearest edge of any curb, and if there is no sidewalk
or curb,the nearest edge of the improved portion of the public right-of-way. (885-2162,
1279-2/67, 1352-11167, 1905-4174, Urg. 2084-6/76)
7.12.100 Cattle and hogs. It is a nuisance and no person shall keep or maintain in the City cattle
or hogs at or upon premises owned, occupied or controlled by him within three hundred(300)
feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three
hundred (300) feet of any school or hospital, or within one hundred(100) feet of any street line,
except as otherwise provided in this Chapter. (66-9/10,885-2162, 1279-2167, 1835-5173, 1905-4174,
Urg. 2084-6176, 3169-9192)
7.12.110 Fowl and rabbits--At large. It is a nuisance and no person shall suffer or permit any
chickens, geese, ducks,turkeys,pheasants, doves,pigeons, squabs or similar fowl or rabbits,
owned or controlled by him or it, to run or fly at large or go upon the premises of any other
person in the City. (27-11/09, 885-2162, 1279-2/67, 1905-4174, 1835-5/73, Urg.2084-6176)
7.12.120 Fowl and rabbits—Keeping restrictions. It is a nuisance and no person shall keep
chickens, geese, ducks,turkeys, pheasants, doves,pigeons, squabs or similar fowl or rabbits,
owned or controlled by him or it, within fifty(50) feet of any street line or within twenty(20) feet
of any property line, or within one hundred (100) feet of any dwelling house or structure used as
a dwelling, church, school, hospital or place where food products are kept, stored, manufactured
or served to the public, unless such house or structure be occupied by him or it, or to keep any
rooster over four(4) months old in the City limits. (27-11/09, 66-9/10, 885-2162, 1279-2I67, 1835-5/73,
1905-4174, Urg.2084-6176)
fegisdraft/MC0712/U11105 3
7.12.13.0 Fowl--Number permitted. No person shall keep or maintain in the City more than ten
(10) in all of chickens, geese, ducks, turkeys, pheasants, doves,pigeons, squabs or similar fowl;
and keeping or maintaining more than ten(10) fowl shall be presumptive evidence of a public
nuisance. The presumption created by this section is a rebuttable presumption affecting the
burden of proof. (66-9/10, 885-2162, 1279-2167, 1905-4174, Urg.2084-6176)
7.12.140 Monkeys and chimpanzees to be„secured.
(a) No person owning or having control of any monkey, ape, chimpanzee or other animal of the
monkey type, shall permit, allow or suffer such animal to ran at large within the City or
permit, allow or suffer such animal to be or go upon any street or public place within the City
without having such animal securely fastened by an adequate chain or rope, firmly held by or
attached to a competent person.
(b) Such animal shall be deemed and considered as running at large, within the meaning of the
expression as herein used, when not confined in an enclosure or when not securely tied or
chained. (885-2162, 1279-2167, 1352-11167, 1835-5173, 1857-8173, 1905-4174, Urg.2084-6176)
7.12.150 Kennels.
(a) "Kennel' means any property where four(4) or more dogs, or four (4) or more cats, over the
age of four(4) months, are kept or maintained for any purpose, except veterinary clinics and
hospitals.
(b) No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises
owned or controlled by him in the City, any kennel within two hundred (200) feet of any
dwelling house except the dwelling house of the person in control of such kennel.
(c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for
financial gain shall obtain a business license pursuant to Title 5 of this code. (1279-2167,
1905-4174, 2095-9176)
7.12.160 Residential Animal Permit.
(a) A residential animal permit shall be required for the keeping of one goose, rabbit,miniature
pot-bellied pig, or duck subject to the review and approval of the Director of Community
Development. "Miniature pot-bellied pig" means any pig weighing not more than 125
pounds that is continuously registered with a nationally recognized miniature pig association.
All miniature pot-bellied pigs kept pursuant to a residential animal permit shall be spayed or
neutered; proof of sterilization shall be presented to the Director of Community Development
prior to the issuance of a residential animal permit. (2936-4/88,3169-9192)
(b) At the time the application is made for a residential animal permit,the applicant shall pay a
fee established by resolution of the City Council. (2936-4188)
(c) Premises shall be kept clean and free of all matter which may create odors or attract rodents. -
(2936-4188)
(d) The animal shall comply with all applicable sections of Chapter 8.40,Noise Control of the
Municipal Code. (2936-4188)
(e) The Director of Community Development may impose conditions of approval in addition to
the above. (2936-4188)
(f) The applicant shall be required to sign an affidavit that he/she understands all of the
conditions of approval for the residential animal permit at the time the permit is issued.
(2936-4188)
legisdraft/MC0712/1/11/05 4
(g) Any authorized City employee may inspect the premises for which an application has been
granted for a residential animal permit. (2936-4/88)
(h) A violation of any of the above conditions of approval shall be cause for revocation of the
residential animal permit. (2936-4/88)
(i) Prior to issuance of a residential animal permit, notices shall be sent to all abutting property
owners and tenants notifying them of the pending application for said permit. (2936-4188)
7.12.170 Do as—Number Permitted—Dog Park.
No person having control of more than three dogs simultaneously shall permit or allow such to be or go
upon the area dedicated exclusively by the Huntington Beach Central Park Master Plan for use by dog
owners with pets, commonly known as Dog Park. (3508-10/01)
7.12.290 Enforcement. The Community Development Director and his designees are hereby
authorized and directed to enforce the provisions of this chapter. (2547-5/82)
7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and,upon
conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100).
(2095-9/76)
Iegisdraft1MC0712/1/11/05 5
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adoption of a Wild Bird Protection Ordinance
COUNCIL MEETING DATE: February 7, 2005
GeTT4H�II EATS STATUS
_ . , ,.
Ordinance (wlexhibits & legislative draft if applicable) Attached ® `
Not Applicable ❑
Resolution (wlexhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Attached ❑
Contract/Agreement (wlexhibits if applicable) Not Applicable
(Signed in full by the City Attome
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Certificates of Insurance A b Attome Attached El( pproved y the City y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Attached ❑
Bonds (If applicable) Not Applicable
Attached ❑
Staff Report (If applicable) Not A licable
Commission, Board or Committee Report applicable)If a Attached ❑
p ( pp ) Not Applicable
Find in slConons or Approval and/or Denial Attached
diti f A ❑
� pp Not Applicable
t 14TI I F I I _ A l [tN
Administrative Staff
Assistant City Administrator Initial
City Administrator (Initial) )
City Clerk
mEXPLANATIf � UN`QF STEM
Only)
RCA Author: Sutton
H. B. INDEPENDENT
PUBLISH DATE: 0313105
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 3696
Adopted by the City Council on FEBRUARY 22, 2005
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 7.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING
TO THE KILLING OR MAIMING OF WILD BIRDS"
SYNOPSIS:
A NEW HUNTINGTON BEACH MUNICIPAL CODE SECTION 7.12.035 IS ADDED TO READ
THAT NO PERSON SHALL INTENTIONALLY KILL OR MAIM A BIRD WITHIN THE CITY OF
HUNTINGTON BEACH. CERTAIN SECTIONS OF THE CALIFORNIA FISH AND GAME CODE
AND REGULATIONS PROMULGATED BY THE FISH AND GAME COMMISSION
PRECLUDES THE CITY FROM ENACTING A COMPLETE PROHIBITION ON KILLING WILD
BIRDS. THIS ORDINANCE CONTAINS CERTAIN EXCEPTIONS FOR PERSONS WHO ARE
PERMITTED TO DO SO.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S
OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting held February 22, 2005 by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
JOAN L. FLYNN, CITY CLERK