ORDINANCE NO. 2023-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING CHAPTER 9.20 ("WILD ANIMALS") TO TITLE 9 ("ANIMALS AND FOWL") OF THE PLACENTIA MUNICIPAL CODE RELATING TO FEEDING WILDLIFE WITHIN THE CITY.
WHEREAS, the City of Placentia ("City") is a charter city organized under the laws of the State of California with authority to enact ordinances to protect the public health, safety and welfare within the City under Article XI, Section 7 of the California Constitution; and WHEREAS, the feeding of wildlife can lead to negative impacts on animals, people and the environment; and
WHEREAS, feeding wildlife can lead to aggressive behavior towards humans, which presents health and safety concerns for residents and visitors to the City; and WHEREAS, feeding wildlife can artificially support the growth and carrying capacity of urban wildlife populations, compromising wildlife health and increasing human exposure to, and potential conflicts with, wildlife; and
WHEREAS, feeding wildlife can cause certain species to localize activity in the vicinity of the food source, thus increasing associated negative impacts on property owners and individuals within those neighborhoods; and
WHEREAS, Section 251.1 of Title 14 of the California Code of Regulations prohibits the harassment of any game or nongame bird or mammal or furbearing mammal, expressly including intentional acts such as feeding that disrupt the animal's natural foraging behavior; and
WHEREAS, the City Council finds that an ordinance prohibiting the intentional and negligent feeding of certain types of wildlife, as defined, and further specifying types of permissible and prohibited conduct regarding interaction with wildlife in the City, is consistent with the City's long-standing commitment to protect and conserve biological resources and public safety and will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PLACENTIA, AS FOLLOWS:
Section 1. All of the above recitals are correct and hereby incorporated by reference.
The City Council hereby finds as follows:
1. The foregoing recitals are true and correct and are made a part of this ordinance.
2. There is no possibility that the adoption of this ordinance will have a significant impact on the environment, and therefore, the adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Section 15061(b)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). 1 Section 2. Municipal Code Amendment. Chapter 9.20 ("Wild Animals") of Title 9 ("Animals and Fowl") of the Placentia Municipal Code is hereby amended to provide as follows:
Chapter 9.20 - WILDLIFE
9.20.010 Definitions
For purposes of this chapter, the following definitions shall apply:
"Feed" means to give, distribute, place, expose, deposit, or scatter any edible material on any public or private property with the intention of feeding, attracting, domesticating or enticing wildlife, whether or not wildlife is in the vicinity at the time. Feeding does not include baiting in the permitted and legal take or depredation of wildlife in accordance with federal, state and local law.
"Person" means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. "Wildlife" means any non -domesticated species of animal including but not limited to coyotes, deer, wild turkeys, foxes, skunks, raccoons, possums, squirrels,ducks, geese, ravens, crows, and gulls.
"Wild animal" means and includes any animal, reptile, fowl, or fish which is not tame or gentle as found in nature but is of a wild nature or disposition, or which is known to be vicious, or which must be kept in confinement to be brought within the immediate power of the owner. "Wild animal" does not include any bird life except as otherwise provided by law, any hamster, guinea pig, white rats and/or mice, any nonpoisonous snake not exceeding six feet in length, any turtle, any nonpoisonous toads, lizards, salamanders, newts, chameleons, kangaroo rats, and any fish except piranha and walking catfish.
9.20.020 Wild animals not permitted in city – Exceptions.
It is unlawful for any person to keep or maintain or cause to be kept or maintained, within the city of Placentia any wild animal except those enumerated in Section 9.20.010. This section shall not prohibit the keeping or maintaining of wild animals within the city of Placentia in the following locations:
A. Wild animals in zoos or museums—any wild animals which are kept confined in zoos or museums for the public to view;
B. Wild animals in bona fide, licensed veterinary hospitals for treatment; C. Wild animals may be maintained by bona fide educational institutions for the purpose of instruction, provided such wild animals are securely confined and are properly cared for in a manner satisfactory to Orange County Animal Control services.
2 9.20.030 Disturbing or taking wildlife.
No person shall hunt, kill, wound, feed, touch, tease, frighten, or intentionally disturb wildlife in any park, sports field, recreational area or open space except persons in the performance of their official duties, or in areas designated and under conditions established by the City to include the health and safety of the public.
9.20.040 Harassment of Animals
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, breading, feeding or sheltering. This section does not apply to a landowner or tenant who drives herds birds or mammals for the purpose of preventing damage to private or public property, including aquaculture and agricultural crops. Feeding a wild animal, including, but not limited to ducks and squirrels is considered animal harassment.
9.20.050 Feeding of Wildlife Prohibited
A. No person shall purposely or knowingly feed wildlife on public or private property in the City of Placentia.
B. No person shall leave or store any refuse, garbage, pet food, seed or birdseed, fruit, meat,dairy, vegetable, grain or other food in a negligent manner likely to feed wildlife.
C. No person shall fail to take remedial action to cease contact or conflict with wildlife, including to secure or remove outdoor refuse, cooking grills, pet food, backyard birdfeeders or any other similar food source or attractant, after being advised by the city to undertake such remedial action.
9.20.060 Exceptions
The prohibitions in Section 9.20.060 do not apply to:
A. Landscaping, gardening, and/or maintaining vegetable gardens, fruit and nut trees or other plants, so long as such activities are not conducted for the purpose of feeding wildlife as defined in this article.
B. Feeding of birds, except wild turkeys, outdoors on private residential properties using bird feeders, to the extent authorized by law and subject to the following requirements:
1. Bird feeders shall be placed at least five (5) feet above the ground and shall be suspended on a cable or otherwise secured so as to prevent the bird feeders from being easily accessible to other wildlife.
2. The feeding shall not substantially interfere with the rights of surrounding property owners.
3 3. The area below and around bird feeders must be kept clean and free of seed and an accumulation of feces.
4. No person shall knowingly allow or permit bird feeders to become an attractant for rodents or other wildlife other than birds.
5. Bird feeders shall be kept clean to prevent the spread of disease among wild bird populations.
C. Baiting, for the purpose of trapping, feral cats as part of an approved Trap -Neuter - Release program.
D. Any property owner baiting, for the purpose of trapping, wildlife on their property when authorized by, and in accordance with, State law including but not limited to trapping gophers, house mice, moles, rats, and voles pursuant to Fish and Game Code section 4005(f); taking of certain mammals found injuring crops or property pursuant to Fish and Game Code section 4152; taking of certain nongame birds and mammals such as weasels, skunks, opossum, moles and rodents pursuant to 14 CCR § 472; or as otherwise permitted and authorized by State law.
Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Placentia hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 4. Effective Date and Publication. This ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause a summary of said Ordinance to be published as provided in Government Code §36933, in a newspaper of general circulation published and circulated in the City of Placentia, along with the names of the City Council voting for and against its passage. 4 PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF APRIL 2023.
ATTEST:
Robert S. McKinnell
City Clerk
Ward L. Smith, Mayor
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS.
CITY OF PLACENTIA }
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 21st day of March 2023, and adopted at a regular meeting of the City Council of the City of Placentia, held on the 4th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Witness my hand and the official seal of the City of Placentia this 4t" day of April, 2023.
Robert S. McKinnell,
City Clerk
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