Loading...
14. Prohibit feeding of birds in city parksDEPARTMENT OF PARKS AND RECREATION CITY HALL CUPERTINO 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3110 www.cupertino.org STAFF REPORT Agenda Item No. 14 Meeting Date: August 3, 2010 Subs ect Adopt ordinance prohibiting the feeding of birds in City parks. Recommended Action Conduct first reading of ordinance. Description Over the past few years, residents' complaints about duck and geese fecal matter creating a nuisance at Memorial Park, has increased. Staff, along with the Parks and Recreation Commission, has researched different alternatives to reduce the number of geese and ducks at Memorial Park. The ideas discussed included: • increased education regarding the negative impacts of feeding the ducks and geese with human food • the use of a non -toxic spray for the grass and • using dogs to chase the geese and ducks Cupertino Naturalist, Barbara Banfield, has developed a new informational flyer encouraging people to not feed the ducks and geese. The flyer is posted on the Cupertino website and distributed at the Senior Center and Quinlan Community Center. Staff talked with the manufacturer of the non -toxic spray and learned that it would not be a good product for Memorial Park. While the spray is non -toxic when it is on the grass, it can irritate the throat and eyes when it is in the air. This would require staff to wear protective gear when spraying and Memorial would need to be closed during spraying. Several cities have tried border collies with a professional geese busting handler. While this appears to have worked at Shoreline in Mountain View, staff did not feel it would be conducive for Memorial given the concerns people expressed during the clog park process and the close proximity of the children's playground to the ponds at Memorial. While doing the research on this issue, staff learned that an ordinance prohibiting the feeding of birds in parks was a necessary step to address this issue. The Cupertino Municipal Code does not currently have such a prohibition. The Parks and Recreation Commission recommends to the Cupertino City Council that such an ordinance be adopted. The proposed ordinance is Attachment A. Other jurisdictions including Mountain View and Santa. Clara County have ordinances prohibiting the feeding of ducks and geese. '171 August 3, 2010 Cupertino City Council Page 2 The number of geese and ducks at Memorial Park has caused problems for park users and parks maintenance staff. The fecal matter has made the park unpleasant and unhealthy for park users. Keeping the park clean of the fecal matter is difficult. In addition, the cleanup of the fecal matter from the Memorial Park ponds is also an arduous process. One of the reasons for the increase in ducks and geese is that people feed them with human food. While this may seem like a friendly gesture, it is very hard on the birds. Ducks, geese and other waterfowl are physically designed to eat natural foods growing in the environment to stay healthy and light for flight. When ducks, geese and other waterfowl are fed human foods, their organs become engorged and fatty on the inside and they quickly die from malnutrition, heart disease, liver problems and other health complications. An overfed, malnutritioned duck or other waterfowl is sluggish and can't escape predators. Further, feeding ducks and other waterfowl adversely affects natural migration patterns, which are critical for their ongoing survival. The flyer on the negative impacts of feeding waterfowl is Attachment B. Fiscal Impact The annual cost to keep the pond clean of the excess fecal matter is $45,000. The pond has to be drained three times a year at a cost of $15,000 per each time. If Council approves the proposed ordinance, persons cited for violation of the ordinance would be subject to a fine of $100 for a first offense, $200 for a second violation within one year, and $500 for a third violation within one year. Although, staff recommends a warning for the first violation for the first year, there could be some modest revenue from the fines. Finally, there would be a modest cost to install new signs indicating that feeding ducks and geese was prohibited and citing the specific section of the Municipal Code. Coordination This report has been coordinated with Code Enforcement, Public Works, and the City Attorney. Prepared bv: Mark Linder, Director, Parks and Recreation Reviewed bv: Approved for Submission by: David W. Knapp, City Manager Attachments: A. Draft ordinance B. Flyer 172 Attachment A ORDINANCE NO. 10- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING SECTION 13.04.130 P OF THE CUPERTINO MUNICIPAL CODE PROHIBITING THE FEEDING OF BIRDS IN CITY PARKS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Code Amendment Section 13.040.130 P of the Cupertino Municipal Code is hereby adopted to read as follows: Section 13.04.130 O. Feeding Birds Prohibited. No person shall feed or in any manner intentionally provide food to any bird in any city park. Section 2. Statement o Purpose This Ordinance is intended to prohibit the feeding of wild birds in city parks. In the absence of such a rule, many people, while well- intentioned, create numerous adverse consequences, including the spread of disease, sickness of the birds, and competition for habitat by non - native species. Section 3. Severability Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire teat. INTRODUCED at a regular meeting of the Cupertino City Council the day of and ENACTED at a regular meeting of the Cupertino City Council the day of 2010 by the following vote: Vote Members of the City Council 174 Ordinance No. 10- Ayes: Noes: Absent: Abstain: ATTEST City Clerk APPROVED Mayor, City of Cupertino 175 Page 2 City of Cupertino Parks and Recreation Department CUPERTINO Creating a positive, healthy and connected community Feeding waterfowl creates problems for the birds as well as the environment. Enjoy the park's waterfowl by observing them from a distance. • Feeding waterfowl can cause too many ducks and geese to remain in this area. As more ducks and geese remain in one area to take advantage of the free food hand -outs their population density will increase. Crowded conditions often lead to increased �p aggression between birds. Intense competition for good nesting sites in this area means some birds will nest in places that put their offspring at risk. • Feeding waterfowl degrades the environment. A large population of waterfowl in an area will cause water quality to decline due to high levels of animal waste. Unconsumed bread and other food also fouls the water. • Feeding ducks and geese spreads disease. The water quality degradation and the crowding that result from feeding ducks and geese are conditions that often lead to the spread of waterfowl diseases such as avian cholera, avian botulism and duck plague. • Feeding waterfowl can cause nutritional problems in ducks and geese. Wild ducks are adapted to a diet of fresh vegetation, seeds and protein -rich aquatic insects and other invertebrates. Canada geese feed on shoots, roots, seeds, bulbs, berries, insects, crustaceans and mollusks. Stale bread, pastries and other highly processed human foods can impact their health and lead to nutritional deficits. • Feeding can cause waterfowl to lose their natural fear of humans. A healthy fear of humans protects wildlife. Wild animals can quickly lose this instinctive fear of humans when they are being fed. This can put both birds and humans at risk of injury. Parks and Recreation Department 10300 Torre Avenue Cupertino, CA 95014 408-777-3110 www.cupertino.org 176 EXHIBITS BE GIN HERE Linda Lagergren From: Susan Sievert [spsievert @gmail.com] Sent: Monday, August 02, 2010 1:29 PM To: Kris Wang; Mark Santoro; Gilbert Wong; Barry Chang Subject: Item 14: Feeding of birds in City parks Dear Mayor, members of the City Council. I shutter to think what the cost of inaction has been to the taxpayers over the years, and also believe "any city park" does not go far enough. Left out are: golf courses (Blackberry /Deep Cliff), city right -of -ways, schools, businesses, and eateries. Specific examples: 1) The lady golfer with the cut up loaf of wonde^ bread feeding the crows during her round. "They're hungry," she scoffed when politely encouraged to stop. 2) The longtime resident who tossed peanuts to tle crows as he walked through the neighborhood, and fed pigeons in his yard. Since he moved away, that huge, messy flock of pigeons perched on the wires at the corner of Orange and Almaden Avenues have moved on, and so too have the crows perched on the Byrne Avenue wires. 3) The lady at the restaurant sharing her burritD with birds on the windowsill. And so on... Enforcement /fines: In all 3 examples, the bird - people of Cupertino spoke perfect English. In other words, this is not about a language barrier, but about obstinate people with a very different mindset. Therefore, a significant penalty is the only thing that will get their attention. Example, there are signs in Portola Valley that read "$1,000 FINE FOR LITTERING." No, that would not be unreasonable when considering the outrageous tab the taxpayers have been picking up to subsidize this unhealthy behavior. Also, $45,000 is not truly representative of the total cost; if Memorial Park is too filthy to use, every penny we pay to mow, water, and maintain it is being wasted. The first offense could be waived if the violators complete a self- service, educational course, similar to driving school, and perhaps patterned after the flyer already produced by the city naturalist. A course fee to cover administrative and law enforcement costs — absolutely. We never had crows in our neighborhood until a few years ago. They are incredibly smart (obnoxiously loud and creepy) creatures, so I imagine they followed peanut -man. Whatever — I am so very happy they are gone! Stop feeding the ducks /geese /birds and they too will move on, and a far - reaching ordinance will ensure it is to the next town. Thank you. Susan Sievert 1