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HomeMy WebLinkAbout10-17 Prohibit Fishing and Feeding of Wild Fowl in City ParksORDINANCE NO. 10-17 AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA AMENDING SECTION 12-20 "DISORDERLY CONDUCT" OF ARTICLE 1 "GENERALLY" OF CHAPTER II "USE REGULATED" OF TITLE 12 "PARKS AND RECREATION" OF THE COSTA MESA MUNICIPAL CODE TO PROHIBIT FISHING AND FEEDING OF WILD FOWL IN CITY PARKS. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the overall appearance and water quality at TeWinkle Park lakes depends heavily on a water circulation system delivered through large PVC piping laid on the lake bottom throughout the lakes and weighted ozone/aeration tubing laid on the lake bottom in key locations; and WHEREAS, the aeration lines are vulnerable to being snagged by fishing lines and over the past few years, nylon fishing lines have proven to be very damaging to the lake circulation and aeration lines when anglers snag the piping or aeration lines and then pull to recover their tackle resulting in large decreases in the overall effectiveness of the water circulation and aeration systems; and WHEREAS, the decrease in effectiveness of the water circulation and aeration systems has been observed to cause increased accumulation of trash and debris in some locations and a dramatic increase in algae growth; and WHEREAS, well meaning visitors to TeWinklePark Lakes pour large quantities of bread and other foodstuffs on the ground for the feeding of pigeons, ducks, geese, and other fowl, and said food being left on the ground has been observed to decompose and leave unsightly and unhealthy messes, and serves to attract a growing population of rats, skunks, and ground squirrels; and WHEREAS, the increased populations, of rats, skunks, and ground. squirrels contribute inordinate amounts of fecal matter into the lakes at the same time the lakes suffer from decreased efficiency of the water circulation and aeration systems compromises the lakes' ability to decompose the fecal matter, increases poor water quality, and causes elevated bacteria levels, and aggressive algae growth; and WHEREAS, the water circulation and aeration systems remain vulnerable to fishing and human water contact; and WHEREAS, the overfeeding of water fowl, both domesticated and wild, has resulted in a dramatic increase of non -migrating fowl resulting in damage to landscaping, increased pollution of the lakes and surrounding turf areas, creating a potential public health hazard; and WHEREAS, existing signs around the park educating visitors on the negative impact of feeding wild fowl, appears to have insufficient impact to deter the negative effects of this behavior; and WHEREAS, the existing prohibition on feeding wild fowl should be extended to include TeWinkle Park; and a ban on fishing should be adopted; and WHEREAS, adoption of this amendment will prohibit the feeding of wild fowl at TeWinkle Park and fishing in TeWinkle Park Lakes thereby protecting the efficiency of the water and aeration systems and avoiding a potential human health hazard. THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: TITLE 12 AMENDMENT. Section 12-20, entitled "Disorderly Conduct" of Article 1 of Chapter II of Title 12, Parks and Recreation, of the Costa Mesa Municipal Code is hereby amended as follows: a. Amend Title 12, Chapter II, Article 1, Section 12-20, Disorderly Conduct, by revising the existing language of Sub -Section (a)(18) to read: "Feed or cause to be fed wild animals, including but not limited to opossums, skunks, raccoons, and squirrels, or wild fowl, both migratory and nonmigratory, including but not limited to ducks, geese, and pigeons. b. Amend Title 12, Chapter II, Article 1, Section 12-20, Disorderly Conduct, by adding Sub -Section (a)(19) to read as follows: "Fishing or any attempt to catch fish or crayfish, by line, net, or other method, in any fountain, lake, marsh or fishpond in any park or recreation center, whether from shore or by wading." SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for -compliance with the_Califor_niaEnvir_onmentalQuality Act_(CEQA),the- CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15308 of the CEQA Guidelines, in that the City Council hereby finds that the ordinance is being adopted to further protect the environment. SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the 3 aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. PASSED AND ADOPTED this 7th day of December, 2010. ATTEST: Ju ' Folcik, C y Clerk ct..'L Gary Monahan, Payor APPROVED AS TO FORM: Kimberly Wall Barlow, City Attorney 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 10-17 was duly introduced for first reading at a regular meeting of the City Council held on the 16th day of November, 2010, and that thereafter, -said -Ordinance was -duly -passed -and -adopted -at a -regular- meeting -of -the- City Council held on the 7th day of December, 2010, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: MONAHAN, RIGHEIMER, BEVER, LEECE FOLEY NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8th day of December, 2010. JU E FOLCIK, ITY CLERK (SEAL) I hereby certify that the above and foregoing is the original of Ordinance No. 10-17 duly passed and adopted by the Costa Mesa City Council at the regular meeting held December 7, 2010, and that summaries of the Ordinance was a published in the Newport Beach -Costa Mesa Daily Pilot on November 24, 2010 and December 16, 2010. JU E FOLCIK, CITY CLERK (SEAL)