Placentia Cit Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF COMMUNITY SERVICES
DATE: APRIL 4, 2023
AGENDA REPORT
SECOND READING AND ADOPTION
Ord No..O-2023-01 Date 4/18//23 Item No. 1.c.
First Reading and Approval: 3/21/23 & 4/4/23
Reviewed and Approved.
Department Head AA
Deputy City Clerk
SUBJECT: REINTRODUCTION AND FIRST READING OF ORDINANCE NO. 0-2023-01 OF
THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING CHAPTER 9.20 ("WILD ANIMALS") OF TITLE 9 ("ANIMALS AND FOWL") OF
THE PLACENTIA MUNICIPAL CODE RELATING TO FEEDING WILD ANIMALS
WITHIN THE CITY
FISCAL
IMPACT: NONE
SUMMARY:
The proposed ordinance will update Chapter 9.20 of the Placentia Municipal Code ("PMC") by prohibiting the feeding of wild animals in public places. The proposed amendment will enable the Community Services Department, Public Works Department and Police Department to effectively enforce provisions of the PMC relating to the feeding of "wild animals" in City parks and athletic fields.
Staff presented a version of the proposed ordinance at the March 21, 2023 council meeting.
Council provided direction that several revisions should be made to the ordinance before the first reading. Specifically:
1. The proposed ordinance should clarify that it does not affect other provisions of the code relating to domestic animals like chickens;
2. The proposed ordinance should clarify the definition between "wild animals" and "wildlife";
3. The proposed ordinance should prohibit feeding of wild animals on public property and only on private property to the extent it creates a nuisance; and
4. The proposed ordinance should eliminate restrictions on bird feeders.
DISCUSSION:
The revised ordinance makes these revisions as directed by the City Council. A redline version of the proposed ordinance is attached to identify these changes. Additional language was added to clarify that the ordinance does not apply to the keeping or feeding of animals when authorized elsewhere in the municipal code (PMC 9.08 "Domestic Animals"; PMC 23.10.020 "Permitted Uses" applying to rabbits and chickens in residential agricultural districts). The revised ordinance also combines the definitions of "wildlife" and "wild animals" into a single inclusive term.
1.C.
April 18, 2023
City Council Agenda
April 4, 2023
The revised ordinance also makes clear that the prohibition on feeding wildlife only applies on public property. Feeding wildlife on private party is also prohibited by the proposed ordinance but only to the extent it creates a "public nuisance." A public nuisance is defined in PMC 8.06.020 as anything which is injurious to health so as to interfere with the comfortable enjoyment of life or property and affects at the same time an entire community or neighborhood, or any considerable numbers of persons. Using this definition is preferable to creating a new definition of nuisance relating to animal activity because code enforcement officers need not observe and document a set number of animal impacts before issuing a citation. Rather, if the feeding creates any conditions that meet the general definition of a nuisance, the proposed ordinance can be enforced.
The regulations of bird feeders have been removed except to the extent that bird feeders create a public nuisance.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Receive the staff report and consider the first reading of Ordinance No. 0-2023-01 and
2. Find that the recommended actions are exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(3) of the CEQA Guidelines, (Title 14, Chapter 3 of the California Code of Regulations). Section 21065 of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA.
STRATEGIC PLANNING STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
Pr p red by: %1
(]1MAA ut/t)C'J
Karen Crocker
Director of Community Services
Reviewed and approved: Reviewed and ap•roved.
Christian L. Bettenhausen
City Attorney
Damien F\rrula
City Administrator
Attachments:
1. Ordinance 0-2023-01 amending Chapter 9.20 of the PMC
2. Redline version of changes to proposed Ordinance