HomeMy WebLinkAboutItem 12b - Peafowl Feeding Prohibitions
DATE: July 19, 2022
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Dr. Jennifer Brutus, Senior Management Analyst
SUBJECT: ORDINANCE NO. 2389 AMENDING ARCADIA MUNICIPAL CODE
SECTION 4137 OF PART 3 OF CHAPTER 1 OF ARTICLE IV (“THE
PUBLIC WELFARE, MORALS AND POLICY CODE”) TO
ESTABLISH PEAFOWL FEEDING PROHIBITIONS ON PRIVATE
PROPERTY WITH AN EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”)
Recommendation: Introduce
SUMMARY
The Arcadia Municipal Code (“AMC”) only prohibits feeding peafowl on public property.
While peafowl are generally appreciated by Arcadians, feeding the animals creates an
unnatural attractant, further adding to the population growth and disturbing the peace and
tranquility of Arcadia neighborhoods. Therefore, it is recommended that the City Council
introduce Ordinance No. 2389 (Attachment No. 1) updating the City’s animal feeding
regulations to prohibit feeding peafowl on private property and declaring the feeding of
peafowl a public nuisance.
BACKGROUND
The City is home to a large population of peafowl that add to the aesthetic of the City;
however, peafowl can be destructive and disruptive to residents and property by
destroying gardens, traveling in packs and blocking traffic, leaving droppings on roofs,
and screeching loudly. For this reason, many years ago, the City adopted an ordinance
prohibiting the feeding of peacocks on public property.
When residents feed peafowl, it creates an unnatural attractant, causing unusually large
musters of peafowl in residential areas. The resulting overpopulation of peafowl further
distresses their ecosystem, which causes the peafowl to seek out resources in Arcadia
neighborhoods such as flowers and vegetation planted on private properties.
The City has received numerous complaints from residents who report seeing their
neighbors feed the peafowl. Residents who feed the peafowl things such as bread, seed,
Ordinance No. 2389 – Peafowl Feeding Prohibitions on Private Property
July 19, 2022
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and dog food while admiring the birds on their property are contributing to the growing
population of peafowl in the City.
DISCUSSION
In September of 2021, the City of San Marino adopted an ordinance prohibiting the
feeding of peafowl; and on October 21, 2021, the Los Angeles County Board of
Supervisors declared that feeding peafowl is a crime, making it a misdemeanor in
unincorporated areas and the 44 cities that contract with the County for animal control
services.
Unlike San Marino and LA County’s Peafowl Ordinances, which ban feeding peafowl in
general, AMC Section 4137, which was established in 1959, only restricts the feeding of
peafowl on public property such as in, on, or upon any public street, sidewalk, or parkway.
The specification of “on public property” suggests that residents may be allowed to feed
peafowl on private property. Therefore, it is recommended to amend AMC Section 4137
to clearly prohibit feeding peafowl on private property as well. By establishing prohibitions
on feeding peafowl on private property, the City will help discourage feeding, limit the
growth of the peafowl population, and alleviate the concentrations of peafowl that are
disrupting the tranquility of some Arcadia neighborhoods.
Furthermore, AMC Section 4137 will be amended to state that feeding any “wild animals”
on private property is prohibited. Since AMC Section 4137.6 currently prohibits the
keeping of wild animals, not feeding wild animals on private property will further support
this prohibition. In addition, Ordinance No. 2389 includes public nuisance language. By
declaring that feeding peafowl is a public nuisance, staff can remedy violations by issuing
an order to abate the feeding activity, issue citations, or pursue criminal prosecution, if
necessary.
In the City, feeding peafowl on private property will carry the same fines as feeding
peafowl on public property. One violation is punishable by up to a $1,000 fine, six months
in jail, or both in accordance with AMC Section 1200. It is anticipated that property owners
will largely self-regulate. The City’s Code Enforcement staff and Police Department can
assist with enforcement related activities; however, much of the enforcement is likely to
be reactive in nature. The penalties and enforcement approach are consistent with
neighboring cities who have adopted similar policies. That being said, it is highly likely
that enforcement would follow the City’s general code enforcement approach of education
first, a minimal fine if necessary, and then expanding fines and enforcement efforts for
the few that are persistent violators.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
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July 19, 2022
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environment. Thus, this matter is exempt under CEQA under Sections 15060(c)(2) and
15060(c)(3) of the CEQA Guidelines.
FISCAL IMPACT
There is a minimal impact to the General Fund for adopting Ordinance No. 2389. This will
primarily consist of outreach to property owners regarding the new ordinance, as well as
any additional calls for service related to enforcement. While fines are not expected to be
common, they are intended to offset the cost of enforcement and education. There is
sufficient funding in the City’s Operating Budget to resource these requirements.
RECOMMENDATION
It is recommended that the City Council introduce Ordinance No. 2389 to amend Arcadia
Municipal Code Section 4137 of Part 3 of Chapter 1 of Article IV (“The Public Welfare,
Morals and Policy Code”) to establish peafowl feeding prohibitions on private property
with an exemption from the California Environmental Quality Act (“CEQA”).
Attachment No. 1: Ordinance No. 2389
WHEREAS, the City of Arcadia is home to a large population of beautiful peafowl
that add to the aesthetic of the City; however, peafowl can be destructive and disruptive
to residents and property by destroying gardens, traveling in packs and blocking traffic,
leaving droppings on roofs, screeching loudly, and other activities that cause a public
nuisance; and
WHEREAS, when residents feed peafowl, it creates an unnatural attractant,
causing large musters of peafowl in residential neighborhoods which disturb the peace
and tranquility of Arcadia neighborhoods; and
WHEREAS, when peafowl congregate, it creates opportunities for the population
to increase, with the birds laying more eggs if resources are abundant, resulting in
unnatural reproductive rates of peafowl, further distressing their ecosystem which causes
the peafowl to seek out resources in Arcadia neighborhoods; and
WHEREAS, Arcadia Municipal Code (“AMC”) Section 4137 only restricts the
feeding of peafowl on public property such as upon any public street, sidewalk or parkway;
and
WHEREAS, the Arcadia City Council desires to amend AMC Section 4137 to
prohibit feeding peafowl on private property, as residents have been known to feed
peacocks things such as bread, seed and dog food while admiring the birds on their
property; and
Attachment No. 1
ORDINANCE NO. 2389
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARCADIA MUNICIPAL CODE SECTION 4137
OF PART 3 OF CHAPTER 1 OF ARTICLE IV (“THE PUBLIC WELFARE,
MORALS AND POLICY CODE”) TO ESTABLISH PEAFOWL FEEDING
PROHIBITONS ON PRIVATE PROPERTY WITH AN EXEMPTION FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”)
2
WHEREAS, on October 21, 2021, the Los Angeles County Board of Supervisors
declared that feeding peafowl is a crime, making it a misdemeanor in unincorporated
areas and the 44 cities that contract with the County for animal control services; and
WHEREAS, by establishing prohibitions on feeding peafowl on private property,
the City will help discourage feeding, limit the growth of peafowl populations, and restore
tranquility to neighborhoods in Arcadia; and
WHEREAS, feeding peafowl on private property will carry the same fines as
feeding peafowl on public property. One violation is punishable by up to a $1,000 fine, six
months in jail, or both in accordance with AMC Section 1200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are hereby
adopted as findings in support of this Ordinance as if fully set forth herein.
SECTION 2. Section 4137 of Part 3 of Chapter 1 of Article IV of the Arcadia
Municipal Code is hereby amended to read in its entirety as follows:
“4137. – FEEDING PROHIBITION.
No person shall feed or make any food or edible thing available to any animal
or fowl (either domestic or nondomestic) in, on, or upon any public street,
sidewalk or parkway; nor to any wild animal, such as peafowl, on private
property. It is hereby declared a nuisance to feed peafowl on public or private
property.”
SECTION 3. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the