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HomeMy WebLinkAbout06 - Proposed Ordinance Pertaining to Feeding of Wild Birds and Marine LifeCouncil Meeting: December 14, 1998 Agenda Item No. 6 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY December 14, 1998 TO: Mayor and Members of the City Council FROM: Robin L. Clauson, Assistant City Attorney Steve Luy, Public Works Department RE: Proposed Ordinance Pertaining to Feeding of Wild Birds and Marine Life Discussion City staff has received data from Orange County Health Agency that indicates certain areas of the Newport Harbor and Newport Bay have had markedly high coliform counts. In some areas, the high counts have been specifically linked to fecal coliform. Although expensive DNA testing would be required to directly connect the high fecal coliform counts to wild birds and animals, the staff and Harbor Quality Committee has been provided with information of the probable relationship between the two. Both City staff and County staff have observed that in many public areas of the Bay and Harbor members of the public regularly feed the wild birds and animals. This has been known to artificially increase the numbers of wild birds and animals over the limits which would normally be supported by the natural habitat. There is concern that increased populations of these wild birds and marine animals result in increased waste and uneaten food in the water of the Newport Harbor and Newport Bay. County staff has reported that in an area of Dana Point Harbor, once a member of the public was encouraged to stop leaving large amounts of bird food along the harbor shores and an isolated storm drain was closed, the adjacent waters dropped from extremely high coliform counts to acceptable levels. Also, a recent article in the Los Angeles Times discussed an area known as "Children's Beach," in La Jolla. It was noted that coliform levels of 16,000 resulted in the waters adjacent to Children's Beach due to the large number of sea lions that congregated on the beach. There is also concern that regular feeding could result in birds aggressively approaching humans for food. Mayor and Members of the City Council Re: Proposed Ordinance Pertaining to Feeding of Wild Birds and Marine Life December 14, 1998 page 2 Upon review of the information concerning the high coliform count in the Bay, the Harbor Quality Committee recommended that staff place signs, similar to those used in Laguna Beach, in problem areas of the Harbor. Staff is recommending that Council consider adopting the proposed ordinance which would prohibit feeding wild pigeons, sea gulls, ducks, geese as well as seals and sea lions from any public place or on the waters of Newport Harbor or Newport Bay. The intent is to prohibit feeding of these animals in large numbers by means of scattering, throwing, or leaving bird food and other natural edible substances for these animals. It is believed that by limiting the source of food to food found in the natural environment, it will keep the populations from growing and contribute to lowering the coliform counts in the harbor and bay. Recommendation If desired, adopt proposed ordinance and pass to a second reading. a• / ROBIN L. CLAUSON Assistant City Attorney STEVEILUY Public Works Department RLC:krs Enclosures - Proposed Ordinance - Sample Sign F: \Cat \Shared \C cmemo\FeedAnimalsOrd 121498.doc ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING NEWPORT BEACH MUNICIPAL CODE BY ADDING SECTION 7.20.060 TO CHAPTER 7.20 OF TITLE 7 PERTAINING TO FEEDING OF WILD BIRDS AND MARINE LIFE FINDINGS WHEREAS, the City Council of the City of Newport Beach has adopted a Water Quality Ordinance enacted as Chapter 14.36 of the Newport Beach Municipal Code. The Water Quality Ordinance was adopted per the mandate of the Federal Clean Water Act which requires contracting cities to reduce the discharge of pollutants to state and federal waters, to the maximum extent practicable; and WHEREAS, Section 14.36.020 defines pollutant to include animal waste; and WHEREAS, the City Council believes that the practice of feeding wild pigeons, wild ducks, geese and other wild birds as well as the feeding of marine animals such as seals and seal lions, has resulted in increased and unnaturally high populations of these animals and birds in and around the waters of Newport Harbor and Newport Bay. The increased populations can adversely affect water quality with excessive wastes that contribute to high coliform counts. WHEREAS, the City Council wishes to continue City efforts to participate in the improvement of Newport Bay and Newport Harbor water quality. The City Council believes that encouraging wild bird and animal populations at levels that can be supported by the natural habitat will contribute to cleaner waters in Newport Beach. NOW, THEREFORE, the City Council of the City of Newport Beach HEREBY ORDAINS as follows: Section 7.20.060 shall be added to Chapter 7.20 to read as follows: SECTION 1: SECTION 7.020.060 FEEDING OF WILD BIRDS AND ANIMALS PROHIBITED No person shall feed any wild pigeon, sea gull, duck, goose, or other wild bird, seal or sea lion in any public place or on the waters of Newport Bay or Newport Harbor. As used in this Section, the word "feed" shall mean scattering, throwing, or leaving bird food, fish, bread or other edible substances. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, 1 subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 19_, and adopted on the _ day of 19_, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F AC at \Sharedl0rd1nance\FeedAni mals120498.doc 2 IF YOU ENJOY SEEING DUCKS AND OTHER BIRDS AND WILDLIFE, DO NOT FEED THEM! Feeding of ducks and other birds and wildlife creates artificially high populations that cannot be supported by the natural habitat. Duck and other bird droppings contribute directly to high bacteria counts in bay waters resulting in beach closures. PLEASE DO NOT FEED DUCKS OR OTHER WILDLIFE. VIOLATORS WILL BE CITED.