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HomeMy WebLinkAboutOrd 1254 - Feeding of Wild or Domestic Birds - ParksMEETING DATE E "C` ` ,2 013 CITY OF PALM Da'ak ONTINUED TO .,,�.. posED TO 2ND READING WORKS PUBLIC O S DEPAT q_/ STAFF REPORT REQUEST: CONSIDERATION FOR APPROVAL OF AMENDMENT TO CHAPTER 11.01.080 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE IMPROPER FEEDING OF WILD OR DOMESTIC BIRDS SUBMITTED BY: Mark Greenwood, Director of Public Works DATE: March 14, 2013 CONTENTS: Ordinance Recommendation That the City Council waive further reading and pass Ordinance No. 1254 to second reading, approving the amendment to Chapter 11.01.080 (Parks, Prohibited conduct generally) of the municipal code. Background The Lagoon at Civic Center Park naturally attracts wild birds as a stopover point during their annual migration. If left unattended, these birds will fend for themselves by foraging for natural food such as grass, seeds, and insects and will, over the course of time, continue their normal migration. In addition to wild birds, area residents have also dropped off unwanted domestic fowl at the Lagoon. Well-meaning residents bring bread and other types of food to the park specifically to feed the birds. While bread offered in moderation is not generally harmful, moderation is difficult to gauge. While one family may only feed the ducks once every few weeks, there are many other families and individuals who are also feeding the birds, which leads to a diet based almost solely on unhealthy bread products. This abundantly available, carbohydrate -rich diet leads to duckling malnutrition, overcrowding, pollution, disease, pest attraction, and loss of natural behavior. This regular and continual overfeeding has resulted in the wild birds remaining in the park due to the plentiful food source, and has also increased the number of birds drawn to the area. This ever increasing flock has resulted in an unhealthy and unsightly condition at the Lagoon. There is constantly excrement along the walking paths and grass areas adjoining the Lagoon causing slippery conditions, an offensive odor, the need for additional maintenance, and complaints from the public. The Lagoon filters are Ordinance No. 1254 Staff Report Amend Chapter 11.01.080 (Parks, Prohibited conduct generally) Page 2of2 March 14, 2013 currently requiring maintenance at least once per month due to clogging caused by feathers and excrement. The typical service period for these filters should be quarterly. While staff recognizes the public's desire to feed these birds, the increasing issues that result must be addressed. It is staff's recommendation that Council approve the amendment to Chapter 11.01.080, § U, which would prohibit feeding the birds other than using appropriate feed that would be provided by the City. Staff further recommends the installation of four dispensers in the Lagoon area to be stocked with appropriate feed. These dispensers would provide a pre -measured amount of feed for the nominal cost of 250. The estimated installed cost for the four dispensers is $800, with monthly feed costs of approximately $100. These expenses would be offset by the money deposited to obtain the feed. By limiting the amount of food provided, it is expected that the number of birds will gradually decrease at the Lagoon with a corresponding decrease in the related issues. Fiscal Analysis Funds to cover the initial cost of the dispensers and monthly feed are available in R/M Civic Center Park, Account No. 110-4610-453-3321. This will be offset by the amount of money obtained from the dispensers. Depa ,- , Head: Mark rcenwood,� E. David J. Erwin, City Attorney Direct i r of Public W&ks Paul S. Gibson, Director of Finance ed By: yJ hn M. Wohlmuth ity Manager ORDINANCE NO. 1254 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 THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 11.01.080, § U, 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. Maltreatment shall include, but is not limited to, improper feeding of wild or domestic birds and/or fowl. Improper feeding is deemed to be providing or offering any type of food or feed other than that which is provided by the City. Section 2. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Desert Sun, a newspaper of general circulation, printed and published in the County of Riverside and circulated within the City of Palm Desert, and the same shall be in force and effect 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 day of March, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA