HomeMy WebLinkAbout2001-24 - Relating to the Protection of Natural Habitat for Migratory and Other Waterfowl.ORDINANCE NO. 2001- 24
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
RELATING TO THE PROTECTION OF NATURAL HABITAT
FOR MIGRATORY AND OTHER WATERFOWL
THIS ORDINANCE is made with respect to the following:
RECITALS
WHEREAS, Newport Beach is home to Newport Bay, one of California's last remaining
estuaries that provides natural habitat for dozens of species of migratory birds; and
WHEREAS, Newport Bay is an impaired water body under the federal Clean Water Act;
and
WHEREAS, one of Newport Bay's impairments is for fecal coliform, a bacteria found in
warm blooded animals and birds; and
WHEREAS, migratory waterfowl and domestic waterfowl both use the Bay to forage for
important and nutritional natural food sources, including insects, mollusks and aquatic
vegetation; and
WHEREAS, experts at Ducks Unlimited, the US Fish and Wildlife Service, and the
California Department of Fish and Game say that distorting the feeding habitat for
waterfowl by supplementing foods like breads, table scraps, and cat or dog food can
harm the waterfowl by supplanting non - nutritional foods for foraged foods, by
discouraging migration, by creating an environment that increases the prevalence of
avian diseases; and
WHEREAS, excessive populations of ducks and other waterfowl contribute to the
loading of fecal coliform into Newport Bay;
NOW THEREFORE the City Council of the City of Newport Beach does hereby amend
the Newport Beach Municipal Code by adding Chapter 7.26 to read:
Chapter 7.26 — PROTECTION OF NATURAL HABITAT
FOR MIGRATORY AND OTHER WATERFOWL
7.26.010 Findings
The City of Newport Beach finds and declares that:
A. the waters of Newport Bay contain important natural habitat for migratory waterfowl and other birds
such as ducks, gulls, terns, and pelicans.
B. The value of this habitat is maximized when the Bay and its environs are, to the maximum extent
practicable, maintained in a manner that replicates the natural environment.
C. Replicating the natural environment means improving water quality, maintaining native grasses and
plants, and by not supplementing nor removing food to the environment.
D. Supplementing certain foods outside of the natural habitat can result in direct harm to waterfowl,
including discouraging natural migration, causing avian diseases, and limiting the birds' intake of
more nutritional natural foods.
E. Replicating the natural environment also means not incubating or otherwise intervening in the
propagation of waterfowl unless licensed to do so by resources agencies.
F. Incidental or de minimus feeding of waterfowl on a sporadic, non - routine basis does not distort or
alter migratory patterns or the natural behavior of waterfowl.
7.26.020 Prohibition on Incubation
No person, unless permitted or licensed to do so by the California Department of Fish and Game or the
US Fish and Wildlife Service, shall incubate or otherwise assist in the propagation of eggs produced by
waterfowl such as ducks, terns, gulls, or pelicans found on or adjacent to Newport Bay.
7.26.030 Prohibition on Feeding of Waterfowl
No person shall establish or provide food to waterfowl on or adjacent to Newport Bay, unless such
feeding is found by the City or its officers to be a temporary and de minimus provision of food that does
not distort or alter the natural habitat of Newport Bay. For the purposes of this section, "adjacent" means
within one half of one mile of the mean high tide line of Newport Bay or the Pacific Ocean.
7.26.040 Violation Subject to Administrative Citation
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of
this chapter. Any person violating any of the provisions or failing to comply with any of the requirements
of this chapter shall be subject to civil fines according to Chapter 1.05.
7.26.050 1®' and 2nd Violations -- Warning and Education
Prior to the issuance of any administrative citation under the authority of Section 7.26.040, the City or its
officers shall, in the first and second instances of any violation by any one person, issue a warning along
with educational material to any person found violating this chapter. The educational material shall state
the benefits to water quality and to habitat protection of this chapter's prohibitions.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 11th day of December, 2001, and was adopted on the 8th
day of January, 2002, by the following vote, to wit:
AYES, COUNCIL MEMBERS: Heffernan, Bromberg,
Glover, Adams, Proctor, Mayor Ridgeway
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS: O'Neil
ABSTAIN, COUNCIL MEMBERS:
AN
ATTEST:
/ 4
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2001 -24 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th
day of January 2002, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: O'Neil
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of January 2002.
(Seal)
0 g62 �
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2001 -24 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: January 12, 2002-
In witness whereof, I have hereunto subscribed my name this /* day of
2002.
L,: �;7 M
City Clerk
City of Newport Beach, California