Loading...
Ordinance No. 353 No Feeding Wildlifegerf Radio/9 gee4 INCORPORATED JANUARY 24, 1957 TO: FROM: RAYMOND R. CRUZ, CITY MANAGER NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 8-A Mtg. Date: 08/28/17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: WAIVE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 353 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. DATE: AUGUST 28, . 2017 ATTACHMENTS: Proposed Ordinance No. 353 RECOMMENDATION Staff recommends that the City Council waive full reading and adopt the following: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. BACKGROUND During the deliberations concerning peafowl trapping over the last two City Council meetings, it was found that there are residents who are feeding feral peafowl that is compounding the spike in the peafowl population. Residents spoke about this concern and believed there is a need to have an ordinance within Rolling Hills' Municipal Code to prohibit this practice. Through staff's research, it was found that the City of Rolling Hills has no ordinance to prohibit the feeding of peafowl. However, there is a State law that prohibits the harassment of animals that includes the feeding of nongame birds. But since peafowl are not classified as "wildlife"' by the State Department of Fish and Wildlife, the law does not apply because they are considered "feral". When it comes to other cities' regulations, both the cities of Rancho Palos Verdes (RPV) and Rolling Hills Estates (RHE) have adopted Title 10 from the County of Los Angeles Code that prohibits providing food to certain animals that includes peafowl. Therefore, at the August 14, 2017 meeting, the City Council requested that staff develop a similar ordinance and bring it forward for its consideration at its next meeting. DISCUSSION The feeding of feral birds and animals results in an increase in their numbers and a concomitant increase in the deposit of fecal matter on property detrimental to public health and hygiene. Feeding feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of feral birds and animals. "Feral birds and animals" means all birds and animals that are born in or have reverted to the wild, and are not domesticated or tamed, including but not limited to peafowl, crows, pigeons, seagulls, coyotes, opossums, skunks, raccoons and nondomesticated rodents. NOTIFICATION Rolling Hills Community Association, Flying Mane Road residents and other residents that addressed the City Council on this issue previously. RC:yh l ORDINANCE NO. 353 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. The feeding of feral birds and animals results in an increase in their numbers and a concomitant increase in the deposit of fecal matter on property detrimental to public health and hygiene. Feeding feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of feral birds and animals. Section 2. A new Chapter 6.64 is hereby added to Title 6 (Animals) of the Rolling Hills Municipal Code to read as follows. Chapter 6.64 FEEDING OF FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to any feral birds or animals at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or animals. "Feral birds and animals" means all birds and animals that are born in or have reverted to the wild, and are not domesticated or tamed, including but not limited to peafowl, crows, pigeons, seagulls, coyotes, opossums, skunks, raccoons and nondomesticated rodents. Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. Ordinance No. 353 C. Feeding of a feral bird or animal between the time animal control is notified and the time the animal or bird is picked up. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidityor unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this day of , 2017. JAMES BLACK MAYOR ATTEST: YVETTE HALL INTERIM CITY CLERK Ordinance No. 353 2 r�. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 353 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS was approved and adopted at' a regular meeting of the City Council. on _, 2017 by_ the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. YVETTE HALL. INTERIM CITY CLERK Ordinance No. 353 3 t} a/RW(449 geek INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4-C Mtg. Date: 09/11/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RAYMOND R. CRUZ, CITY MANAGER "lee/ SUBJECT: ORDINANCE NO. 353 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS. DATE: SEPTEMBER 11, 2017 ATTACHMENTS: Proposed Ordinance No. 353 RECOMMENDATION Staff recommends that the City Council waive full reading and adopt the following: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. BACKGROUND At the August 28, 2017 meeting, the City Council introduced the attached ordinance and held a public hearing. Following discussion, the City Council directed staff to bring the ordinance back for a second reading and adoption. During the deliberations concerning peafowl trapping at two recent City Council meetings, it was found that there are residents who are feeding feral peafowl that is compounding the spike in the peafowl population. Residents spoke about this concern and believed there is a need to have an ordinance within Rolling Hills' Municipal Code to prohibit this practice. Through staff's research, it was found that the City of Rolling Hills has no ordinance to prohibit the feeding of peafowl. However, there is a State law that prohibits the harassment of animals that includes the feeding of nongame birds. But since peafowl are not classified as "wildlife" by the State Department of Fish and Wildlife, the law does not apply because they are considered "feral". When it comes to other cities' regulations, both the cities of Rancho Palos Verdes (RPV) and Rolling Hills Estates (RHE) have adopted Title 10 from the County of Los Angeles Code that prohibits providing food to certain animals that includes peafowl. Therefore, at the August 14, 2017 meeting, the City Council requested that staff develop a similar ordinance and bring it forward for its consideration at its next meeting. DISCUSSION The feeding of specified feral birds and animals results in an increase in their numbers and a concomitant increase in the deposit of fecal matter on property detrimental to public health and hygiene. Feeding feral animals also attracts rodents and insects that constitute a public nuisance. Fecal matter generated by the feeding of feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of specified feral birds and animals. Therefore, it is unlawful for any person to feed or offer food to only the following feral birds and animals at any place in the city: peafowl, crows, pigeons, seagulls, coyotes, squirrels, opossums, skunks, raccoons and non -domesticated rodents. NOTIFICATION Rolling Hills Community Association, Flying Mane Road residents and other residents that addressed the City Council on this issue previously. RC:yh FERAL ANIMAL FEEDING ORDINANCE(2nd Read) staffreport[1][1].docx ORDINANCE NO. 353 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. The feeding of specified feral birds and animals results in an increase in their numbers and a concomitant increase in noise, danger to domesticated pets and the deposit of fecal matter on property detrimental to public health and hygiene. Feeding specified feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of specified feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels iri storm water runoff, eventually making its way to the Pacific Ocean ,and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of specified feral birds and animals. Section 2. A new Chapter 6.64 is hereby added to Title 6 (Animals) of the Rolling Hills Municipal Code to read as follows. Chapter 6.64 FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Specified Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to peafowl, crows, pigeons, seagulls, coyotes, squirrels, opossums, skunks, raccoons and nondomesticated rodents at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or animals. Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. C. Feeding of a feral bird or animal specified above between the time animal control is notified and the time the animal or bird is picked up. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by PASSED, APPROVED AND ADOPTED this llth day of September, 2017. JAMES BLACK MAYOR ATTEST: YVETTE HALL INTERIM CITY CLERK 1 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 353 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS was approved and adopted at ay regular meeting of the City Council on , 2017 by the following roll call vote: AYES: NOES: J ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. YVETTE HALL INTERIM CITY CLERK .96 ORDINANCE NO. 353 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. The feeding of specified feral birds and animals results in an increase in their numbers and a concomitant increase in noise, danger to domesticated pets and the deposit of fecal matter on property detrimental to public health and hygiene. Feeding specified feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of specified feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of specified feral birds and animals. Section 2. A new Chapter 6.64 is hereby added to Title 6 (Animals) of the Rolling Hills Municipal Code to read as follows. Chapter 6.64 FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Specified Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to peafowl, crows, pigeons, seagulls, coyotes, squirrels, opossums, skunks, raccoons and nondomesticated rodents at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or animals. Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. C. Feeding of a feral bird or animal specified above between the time animal control is notified and the time the animal or bird is picked up. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this, ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 11th eptember, 2017. ATTEST: INTERIM CITY CLERK JA i S BLACK M OR 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 353 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS was approved and adopted at a regular meeting of the City Council on September 11, 2017 by the following roll call vote: AYES: Councilmembcrs Dieringcr, Mirsch,-Picper; Wilson and Mayor Black NOES: None. . ABSENT: None. ABSTAIN: None. and in compliance with the - laws of California was posted at the following: Administrative Offices. ETTE HALL INTERIM CITY CLERK ' 3 . News No. 12970 ORDINANCE NO. 353 Palos vales Peninsula News 609 Deep Valley Dr., Suite 200, Rolling Hills Estates, CA., 90274 PROOF OF PUBLICATION (201 5.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eigh- teen years, and not a party to or interested in the above -entitled matter. I am the chief legal advertising clerk of the publisher of the PALOS VERDES PENINSULA NEWS a newspaper of general circulation, printed and published weekly in the City of Rolling Hills Estate County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of County of Los Angeles, State of California, under the date of February 15, 1977 Case Number C824957, that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: September 21, all in the year 2017 . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Rolling Hills Estates, California Dated at this 21st of September, 2017 Signature RECEIVED SEP 2 5 2017 City of Rolling Hills By AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. The feeding of specified feral birds and animals results in an increase in their numbers and a concomitant increase in noise, danger to domesti- cated pets and the deposit of fecal matter on property detrimental to public health and hygiene. Feeding specified feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal mat- ter generated by the feeding of specified feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water run- off, eventually making its way to the. Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of speci- fied feral birds and animals. Section Z. A new Chapter 6.64 is hereby added to Title 6 {Animals) of the Rolling Hills Municipal Code to read as follows Chapter 6.64 FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Specified Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to peafowl, crows, pigeons, seagulls, coyotes, squirrels, opossums, skunks, raccoons ,and nondomesticated rodents at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or ani- mals. rip Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. • B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. C. Feeding of a feral bird or animal specified above between the time animal control is notified and the time the animal or bird is picked up. • Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent juris- diction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of'any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be pub- lished as required by law. PASSED, APPROVED AND ADOPTED this 11th day of September, 2017. /S/ JAMES BLACK MAYOR ATTEST: /S/ YVETTE HALL INTERIM CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Ordinance No. 353 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS • AND ANIMALS was introduced the 28th day of August, 2017 and approved and adopted at a regular meeting of the City Council on September 11, 2017 by the following roll call vote: AYES: Councilmembers Dieringer, Mirsch, Pieper, Wilson and Mayor Black NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. /S/ YVETTE HALL INTERIM CITY CLERK Published in the Palos Verdes Peninsula News on September 21, 2017. ;i► ORDINANCE NO. 353 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. The feeding of specified feral birds and animals results in an increase in their numbers and a concomitant increase in noise, danger to domesticated pets and the deposit of fecal matter on property detrimental to public health and hygiene. Feeding specified feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of specified feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, .eventnally making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of specified feral birds and animals. Section 2. A new Chapter 6.64 is hereby added to Title 6 (Animals) of the Rolling Hills Municipal Code to read as follows. Chapter 6.64 FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Specified Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to peafowl, crows, pigeons, seagulls, coyotes, squirrels, opossums, skunks, raccoons and nondomesticated rodents at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or animals. Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. C. Feeding of a feral bird or animal specified above between the time animal control is notified and the time the animal or bird is picked up. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 11th d eptember, 2017. ATTEST: TTE HALL • INTERIM CITY CLERK I - JA / S BLACK M OR 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 353 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS was approved and adopted at a regular meeting of the City Council on September 11, 2017 by the following roll call vote: AYES: Councilmembers Dieringer, Mirsch, Pieper, Wilson and Mayor Black NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. jETTE HALL INTERIM CITY CLERK 3 Additional Information Agenda Item No. 8-A Mtg. Date: 08-28-17 `-/ 44 t V el- S/ o v\ re (it sec.() ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. The feeding of specified feral birds and animals results in an increase in their numbers and a concomitant increase in noise, danger to domesticated pets and the deposit of fecal matter on property detrimental to public health and hygiene. Feeding specified feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of specified feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of specified feral birds and animals. Section 2. A new Chapter 6.64 is hereby added to Title 6 (Animals) of the Rolling Hills Municipal Code to read as follows. Chapter 6.64 FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Specified Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to peafowl, crows, pigeons, seagulls, coyotes, squirrels, opossums, skunks, raccoons and nondomesticated rodents at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or animals. Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. C. Feeding of a feral bird or animal specified above between the time animal control is notified and the time the animal or bird is picked up. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this day of 2017. Mayor ATTEST: City Clerk 2 Additional Information Agenda Item No. 8-A Mtg. Date: 08-28-17 0 C ; I CO& �I-e vtwye� Vo rte/ ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. The feeding of feral birds and animals results in an increase in their numbers and a concomitant increase in the deposit of fecal matter on property detrimental to public health and hygiene. Feeding feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of feral birds and animals. Section 2. A new Chapter 6.64 is hereby added to Title 6 (Animals) of the Rolling Hills Municipal Code to read as follows. Chapter 6.64 FEEDING OF FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to any feral birds or animals at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or animals. "Feral birds and animals" means all birds and animals that are born in or have reverted to the wild, and are not domesticated or tamed, including but not limited to peafowl, crows, pigeons, seagulls, coyotes, opossums, skunks, raccoons, squirrels and nondomesticated rodents, but not feral cats. Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. C. Feeding of a feral bird or animal between the. time animal control is notified and the time the animal or bird is picked up. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this day of , 2017. Mayor ATTEST: City Clerk 2 Monday, August 28, 2017 7:49 AM Subject: feeding of feral cats in RH Date: Friday, August 25, 2017 6:23 PM From: Clint Patterson <clint_patterson@yahoo.com> To: Yvette Hall <yhall@cityofrh.net> Cc: Leah Mirsch <leahmirsch@verizon.net>, Jim Black <ksbmdl@cox.net>, Mike & Bea Dieringer <ddabea@msn.com>, "Roger E. Hawkins" <rehawkins@verizon.net>, Ray Cruz <citymanager@cityofrh.net>, Pam Crane <pamcrane@cox.net>, Marcia Gold <marcia@marciagold.com>, Bob Gold <Bob@bobgoldpr.com> Dear Yvette, thank you for sending along the agenda - I will be present to address the issue relating to feeding of feral animals - please relay this email to the Mayor and city council members - thank you for your assistance. Honorable Mayor and Members of the Council, I appreciate the fact that'I received the agenda via email from - Yvette otherwise I would not have been aware of the agenda item concerning the feeding of feral animals. I will be present on Monday to address my concerns over a possible ordinance that could make it illegal to feed feral cats. I actively work with animal welfare groups to support Trap and Release Programs. In fact, I.have.paid to have many feral cats from Rolling Hills spayed and neutered and returned to their original locations. I have also established a fund at Spay/Neuter Project Los Angeles to cover the spaying and neutering of feral cats in Rolling Hills. The issue isn't feeding of feral animals, it's population control - a matter that City Staff apparently have not fully explored. This matter has never come up before as far as I'm aware and I'm at a loss as to what the origin is. I look forward to sharing. my concerns and exploring options concerning sterilization and population control since this is a much more productive area of discussion and one that I may be able to shed some light on since the City seems unaware of resources concerning animal welfare and related issues. Sincerely, Clint Patterson 22 Georgeff Road 310.426.8811 RECEIVED AUG 2 8 2017 City of Rolling Hills R Page 1 of 2 Monday, August 28, 2017 at 9:22:41 AM Pacific Daylight Time Subject: Draft Ordinance - Feeding of Feral Animals Prohibited Date: Friday, August 25, 2017 at 3:55:01 PM Pacific Daylight Time From: Pending Ordinances.<listserv@civicplus.com> To: Ewa Nikodem <enikodem@cityofrh.net> View this in vour browser The draft Ordinance and the 8/28 City Council meeting agenda can now be found at www.Rolling-Hills.org This complimentary message is being sent to opt -in subscribers who might be interested in its content. If you do not wish to continue receiving these messages, please accept our apologies, and unsubscribe by visiting our website at: http://www.rolling-hills.org/list.asp?mode=del Please note, wewill not sell or give your e-mail address to any organization without your explicit permission. You are receiving this message because you are subscribed to Pending Ordinances on www.rolling- hills.orq. To unsubscribe, click the following link: http://www.rolling-hills.org/list.aspx?mode=manage&Email=enikodem@cityofrh.net If clicking the link doesn't work, please copy and paste the link into your browser. Additional Information Agenda Item No. 8-A ---"\Mg. Date: 08-28-17 August 28, 2016 RECEIVED City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Re: Ordinance No. 353 Council Members: AUG 282017 @�,`�rO�, City of Rolling Hills By A scheduling conflict prevents my attendance at tonight's meeting. Respectfully, I urge the Council to not add a new Chapter 6.64 to the Rolling Hills Municipal Code prohibiting the feeding of feral birds (excluding bird feeders) and animals. Read, literally, a resident could feed birds from a feeder, but not ground birds that do not eat from feeders. Literally, a resident could not grow a bottlebrush plant, since they attract hummingbirds. Whether fed by residents or not, birds will continue fly and grace our community and, yes, drop their droppings. Don't make compassion towards these ferals a "crime." And, parenthetically, feral animals do not defecate in the street. If follows that their droppings are not washed into storm drains where they might become a marine contaminant. From the reading I've done, 80% of marine pollution — which seems to be the stated concern — comes from land -based activities, notably including plastic bags, pesticides, oil spills, fertilizers, toxic chemicals, balloons, glass bottles, shoes, packaging materials, sewage disposal, etc. And, with now seven billion people living on earth, people, not feral cats, raccoons, skunks, etcetera, are the problem. No positive objective will be advanced if members stop feeding feral animals. And, if doing so on their own property, why should that activity offend anyone? These ferals — particularly felines — become almost like your kids. They wait patiently for their breakfasts or dinners and are a joy to watch. Please, do not enact an "unkind" ordinance. ery truly ours, er E. Hawkins 37 Crest Road W Rolling Hills, CA 90274 IGt mil aAa /1 -r+44--) Ak • ?' A I Honorable Mayor Jim Black and City Council 2 Portuguese Bend Road Rolling Hills RECEIVED AUG 2 8 2017 B City of Rolling Hills Y e so Clint Patterson Richard Boos 22 Georgeff Road Rolling Hills Re: Ordinance Under Consideration Concerning the Feeding of Animals and Fowl August 28, 2017 Dear Dr. Black and Council Members, I am sorry that due to unforeseen circumstances I am unable to attend the meeting in person as I had hoped. I appreciate the careful consideration and action concerning peacocks and peahens. However, I am greatly concerned that staff or the council could even begin to extend this issue into a matter that could impact what may be referred to as "community cats." I'm not going to worry about the terminology relating to these animals and I would hope that you would not worry about those of us who attend to animals that are lost, dumped or abandoned in our City. Community cats don't pose a problem or nuisance. If someone is concerned about population control, there are resources available: - I work with a local animal welfare group and am happy to personally assist neighbors with trapping, sterilizing and returning the cats to their place of origin. - Spay Neuter Project I Los Angeles (SNPLA.org) is able to provide low cost sterilization ($25) for any community cats brought in. And by the way, their office on Gaffey provides low cost spaying/neutering for animals from all across the South Bay. Thank you for the time, attention and funds that you have made available to address a real problem. Please don't create one concerning cats where a problem doesn't exist. Clint Patterson & Rick Boos