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HomeMy WebLinkAboutItem 11b - Peafowl Feeding Prohibitions DATE: August 16, 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: Adopt SUMMARY At the July 19, 2022, Regular Meeting, the City Council unanimously introduced 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”). This agenda item would provide for the second reading and adoption of the Ordinance. The July 19, 2022, City Council Staff Report and proposed Ordinance No. 2389 are attached to this report for review. RECOMMENDATION It is recommended that the City Council adopt 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”). Attachments: Ordinance No. 2389 July 19, 2022, City Council Staff Report 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 Page 2 of 3 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 Ordinance No. 2389 – Peafowl Feeding Prohibitions on Private Property July 19, 2022 Page 3 of 3 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