HomeMy WebLinkAboutF-1 Staff Report - Second Reading of Prohibition on Feeding Wild AnimalsSECOND READING ORDINANCES ITEM
F-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: STEVE HUNT, CHIEF OF POLICE
MARCO A. MARTINEZ, CITY ATTORNEY
DATE: OCTOBER 1, 2018
SUBJECT: SECOND READING OF ORDINANCE NO. 2018-04 PROHIBITING THE FEEDING
OF WILD ANIMALS
BACKGROUND:
Being at the base of the San Gabriel Mountains means wildlife frequently visit the City and on occasion
make contact with residents. The interaction between wildlife and residents increases when they are
provided with food.
Allowing wild animals access to human food and garbage is reckless and deadly. If given access to
human food and garbage, their behavior changes. They lose caution and fear and might threaten human
safety. Not only are residents put in danger but also their children and pets.
Food that is intentionally left out can create a hazardous situation for surrounding neighborhood children
under twenty pounds, as well as small to moderately sized pets that coyotes may view as a source of
food.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1) Ready by title only, second reading and adoption of Ordinance No. 2018-04: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADDING
SECTION 46-324 TO THE AZUSA MUNICIPAL CODE, RELATING TO
PROHIBITIONS ON THE FEEDING OF WILD ANIMALS.
ANALYSIS:
To further discourage wild animals from being drawn into neighborhoods, staff has drafted the attached
ordinance which, if adopted by the City Council, may assist in reducing the number of wild animals
penetrating the City’s neighborhoods.
APPROVED
CITY COUNCIL
10/1/2018
The attached ordinance would prohibit the feeding of any non-domesticated mammalian wildlife
including but not limited to bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats skunks,
squirrels or feral cats. Similar ordinances have been adopted by the cities of Burbank, Glendale,
Pasadena, South Pasadena and Claremont.
FISCAL IMPACT:
No fiscal impacts.
Prepared by: Prepared by:
Steve Hunt Marco A. Martinez
Chief of Police City Attorney
Reviewed and Approved:
Sergio Gonzalez,
City Manager
Attachments
1. Ordinance No. 2018-04
55442.00001\31442433.1
ORDINANCE NO. 2018-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA ADDING SECTION 46-324 TO
THE AZUSA MUNICIPAL CODE, RELATING TO
PROHIBITIONS ON THE FEEDING OF WILD ANIMALS
WHEREAS, the City of Azusa, California (“City”) is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens; and
WHEREAS, laws that prohibit the feeding of wild animals promote the public health,
safety and welfare of the citizens of the City by reducing the possibility that such wild animals
will inflict harm on the City’s residents.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1: Section 46-324 is hereby added to the Azusa Municipal Code to read as
follows:
“Sec. 46-324. – Feeding of Wildlife Prohibited.
(a)No person shall feed or in any manner provide food for one or more non-
domesticated mammalian wildlife, including but not limited to bears, deer, mountain
lions, coyotes, raccoons, opossum, mice, rats, skunks, squirrels or feral cats.
(b)This section shall not apply to the feeding of any non-domesticated mammalian
by the owner of such animal when the non-domesticated mammalian is kept under valid
certificate or permit issued by the state of California Department of Fish and Game or to
any fowl or bird species.”
SECTION 2. Severability. If any section, sentence, clause or phrase of this
Ordinance or the application thereof to any entity, person or circumstance is held for any
reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
Ordinance are severable. The City Council of the City of Azusa hereby declares that it
would have adopted this Ordinance and each section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
SECTION 3. Effective Date. This Ordinance shall become effective thirty (30) days
Attachment 1
55442.00001\31442433.1 -2-
following its adoption.
SECTION 4. Publication. The City Clerk shall certify to the adoption of this
Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the
Ordinance, or a summary thereof, along with the names of the City Council members voting for
and against the Ordinance, shall be published in a newspaper of general circulation in the City of
Azusa.
55442.00001\31442433.1 -3-
PASSED, APPROVED AND ADOPTED by the City Council of the City of Azusa,
California, at a regular meeting of the City Council held on the ____ day of
___________________, 20___, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF AZUSA:
________________________________
Joseph R. Rocha, Mayor
ATTEST:
________________________________
Jeffrey Cornejo, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
_______________________________
Marco A. Martinez, City Attorney
55442.00001\31442433.1 -4-
CERTIFICATION
I, Jeffrey Cornejo, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No. ____ is the actual Ordinance No. ____ that was introduced at a regular meeting of
said City Council on the _____ day of _______________, 20___ and was finally passed and
adopted not less than five (5) days thereafter on the ____ day of _____________, 20___ by the
following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeffrey Cornejo, City Clerk