City Council
Report
City Council Meeting: November 14, 2023
Agenda Item: 10.A
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Introduction and First Reading of an Ordinance Modifying Santa Monica Municipal Code Chapter 4.04.390 to Prohibit Feeding Animals or Birds on the Pier and the Beach.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed ordinance is categorically exempt under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.
2. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 4.04.390 in its entirety to clarify specific areas and to restrict feeding animals and birds on the Santa Monica Pier and the beach.
Summary
The City of Santa Monica is responsible for managing the public right of way and other public spaces and is dedicated to upholding public safety, welfare, and health. On February 24, 1976, the City Council adopted Santa Monica Municipal Code (SMMC) Section 4.04.390, to protect the welfare of the public and animals. Section 4.04.390 restricts feeding animals and birds in specific public areas. An amendment was subsequently enacted on August 24, 2004, which placed restrictions on feeding birds and animals in designated off-leash areas in dog parks and made other minor revisions.
While this current code section serves as a framework to safeguard both animals and the community, as currently written it does not specifically prohibit feeding animals and birds on the Santa Monica Pier, and the beach. Feeding birds and animals in these public spaces can create health hazards for both humans and the animals. Staff 2 of 3
recommends that SMMC Section 4.04.390 be amended as stated in the proposed ordinance (Attachment A) to prohibit the feeding of animals and birds at the Santa Monica Pier, and the beach.
Discussion
Feeding wild animals and birds has long been prohibited in most areas, from cities to rural areas and in state and national parks. Animals and birds can become accustomed to human food, negatively impacting their health and ability to forage and successfully find natural food sources, while also causing them to congregate in large numbers near human areas. This increases health and safety risks for humans and disease transmission. The proposed change to SMMC Section 4.04.390 would have a positive impact citywide.
Studies have indicated that high bacterial readings in the ocean just south of Santa Monica Pier could be primarily related to pigeon droppings. A specific example of the issue is highlighted in the 22-23 Heal The Bay Report (Attachment B). Pigeons are attracted to the Pier because it provides both a roosting structure and access to food.
The City recently installed new bird netting under the Pier to limit bird roosting.
However, the birds may still congregate in the area because of the available food sources. The municipal code currently does not prohibit the feeding of birds on the pier and beach. This potential food source for birds would be eliminated by amending SMMC Section 4.04.390 as proposed to prohibit feeding birds at these locations.
Collaborative efforts have been made by various City departments and divisions, including Public Works, the City Attorney's Office, the Office of Pier Management, and the Santa Monica Police Department, to amend SMMC Section 4.04.390 of the Municipal Code to address this issue. Staff recommends a revision of SMMC Section
4.04.390 in the City Municipal Code to provide greater clarity regarding the locations where feeding animals and birds would be prohibited. Staff will continue to monitor water quality data over the next twelve to eighteen months and consider additional restrictions at streets, sidewalks, and city parks in a phased approach. 3 of 3
Past Council Actions
Meeting Date Description
02/24/1976 (Adopted)
Attachment C
Ordinance adding Section 4.04.390 to the Santa Monica
Municipal Code, pertaining to restrictions upon feeding of animals and birds in specific areas (CCS No. 1027)
08/10/2004 (Amendment)
Attachment D
Ordinance amending the Santa Monica Municipal Code,
pertaining to restrictions upon feeding of animals and birds in specific areas (CCS No. 2137)
Environmental Review
The proposed ordinance is categorically exempt from the provisions of the CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment. Therefore, no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
There are no financial or budgetary impacts to the City as result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Curtis Castle, Principal Civil Engineer
Approved Forwarded to Council
Attachments:
A. Attachement A - 4.04.390 Proposed Ordinance
B. Attachement B- Beach-Report-Card-2022-2023
C. Attachement C - Ordinance No. 1027
D. Attachement D - Ordinance No. 2137
E. Written Comments