HomeMy WebLinkAboutORD 1379' ORDINANCE NO. 1379
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING CHAPTER 11.01.080 (PARKS, PROHIBITED
CONDUCT GENERALLY) AS RELATED TO FEEDING OF WILD OR
DOMESTIC BIRDS AND/OR WATERFOWL IN CITY PARKS
WHEREAS, in March of 2013, the City Council approved Ordinance No. 1254
(Chapter 11.01.080 of the Municipal Code) which prohibited feeding birds anything except
City provided food.; and
WHEREAS., the City purchased appropriate wild bird food and installed several
food dispensers and signage to educate the public on the municipal code. Over time,
these dispensers have been vandalized monthly, destroying the dispenser and stealing
the money inside; and
WHEREAS, replacing the dispensers is costly and the maintenance time
consuming, particularly once vandalized. Amending the Ordinance would prohibit any
type of feeding of the wildlife population and instead install educational signage on why it
is not healthy to feed wild birds and ducks in public parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
' CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council finds that the above recitals are true and
correct and, accordingly, are incorporated as a material part of this Ordinance.
Section 2. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the
environment) because this ordinance is merely clarifying existing law and making minor
changes to the City's existing Municipal Code and pursuant to 15060(c)(3) (the activity is
not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because these clarifications and minor modifications to
the City's Municipal Code have no potential for resulting in physical change to the
environment, directly or indirectly.
Section 3. Amendment to Municipal Code. Section U of Chapter 11.01.080 of
the City of Palm Desert, California, Municipal Code shall be amended and restated to
read as follows:
"U. Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or
bird, or destroy, remove or disturb any of the young or eggs of same, or injure or maltreat
any domestic or other animal;"
' Section 4. Amendment to Municipal Code. Section Z is hereby added to Chapter
11.01.080 of the City of Palm Desert, California, Municipal Code to read as follows:
ORDINANCE NO. 1379
"Z. No person shall feed or cause to be fed or leave food for consumption by I
an wild or domestic birds and/or fowl."
Section 5. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council declares
that it would have passed each section, subsection, paragraph, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.
Section 6. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in
full force and effective thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held this 24th day of March, 2022, by the
following vote, to wit:
AYES:
JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES:
NONE
'
ABSENT:
NONE
ABSTAIN:
NONE
SAN C. HARNIK, MAYOR
U
ATTEST:
�NT TOF PALM IDES CITY LI ORNIA