6325ORDINANCE NO. 6325
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
AND RESTATING SUBSECTION .130 OF SECTION 6.44.010
(NUISANCES) OF CHAPTER 6.44 (NUISANCES) OF TITLE 6
(PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM
MUNICIPAL CODE RELATING TO NUISANCES BASED
UPON THE FINDING AND DETERMINATION THAT THE
SUBJECT MATTER OF THIS ORDINANCE IS NOT SUBJECT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) CEQA PURSUANT TO SECTIONS 15060(C)(2) AND
15060(C)(3) OF THE STATE CEQA GUIDELINES AND IS
NOT A "PROJECT ", AS DEFINED IN SECTION 15378 OF THE
STATE CEQA GUIDELINES.
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ( "City
Council ") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City and its residents; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
the California Environmental Quality Act of 1970, as amended (Public Resources Code Section
21000 et seq.; herein referred to as "CEQA "), pursuant to Sections 15060(c)(2) and 15060(c)(3)
of the State of California Guidelines for Implementation of the California Environmental Quality
Act (California Code of Regulations, Title 14, Chapter 3; herein referred to as the "CEQA
Guidelines "), because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment and is not a project as defined in Section 15378 of the CEQA
Guidelines; and
WHEREAS, the City Council determines that this ordinance is a matter of City -wide
importance and necessary for the preservation and protection of the public health, safety or
welfare and is in accord with the public purposes and provisions of applicable State and local
laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1
Subsection .130 of Section 6.44.010 (Nuisances) of Chapter 6.44 (Nuisances) of Title 6
(Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended
and restated, to read in full as follows:
130 Feeding of wild animals or cats.
.1301 It shall be unlawful for any person to feed a feral cat, a stray cat or a cat
community on public property, unless the person is a cat caregiver, who first
obtains permission from the Community Preservation Manager. It shall also be
unlawful for any person to feed a feral cat, a stray cat or a cat community on
private property in a manner that creates harmful health or sanitation conditions,
destruction of property, attraction of coyotes, rats and /or other vermin, which is
otherwise detrimental to the public health, safety or welfare, or which otherwise
creates an unreasonable disturbance, such as noise, so as to disrupt the peace and
comfort of persons of ordinary sensitivity in surrounding households.
For purposes of this section, a "feral cat" is a cat who has either never had contact
with humans or whose contact with humans has diminished over time. Feral cats
are the offspring of stray or feral cats, are not accustomed to human contact, and
are usually too fearful to be handled or adopted. As a result, feral cats survive on
their own outdoors. A "stray cat" is a pet who has been lost or abandoned, is used
to contact with people, may be reunited with its family, and is tame enough to be
adopted. A "cat community" is a a group of stray and /or feral cats that live or
take refuge together as a group in a specific territory where food and shelter are
available. A "cat caregiver" is a person who, in accordance with "Trap- Neuter-
Return", provides care, including, food, water, shelter or medical care to a feral
cat, a stray cat or a cat community. "Trap- Neuter - Return" is the method of
humanely trapping feral and stray cats, having them spayed or neutered
and vaccinated against rabies, and then returning them to their cat community to
live out their lives or, in the case of stray cats, to their owners, if possible.
.1302 It shall be unlawful for any person to feed any wild birds on public property
in a manner that creates harmful health or sanitation conditions, destruction of
property, unsightly or increased slipperiness of sidewalks, animal dependency,
attraction of coyotes, squirrels, rats and /or other vermin, which is otherwise
detrimental to the public health, safety or welfare or otherwise creates an
unreasonable disturbance, such as noise, so as to disrupt the peace and comfort of
persons of ordinary sensitivity in surrounding households.
SECTION 2 . SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
2
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 3 . CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 4 . EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the _ 21!tday of ApgTT, , 2015, and thereafter
passed and adopted at a regular meeting of said City Council held on the 5th day of
MAY , 2015, by the following roll call vote:
AYES: Mayor Tait, Mayor Pro Tern Kring, Council Members: Murray, Brandman, and
Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
"aazD
CITY CLERK OF THE CITY O ANAHEIM
108965 -A
3
ORDINANCE NO.6325
AN Op,onfn,_..c OF THE CITY OF ANAHEIM AMENDING AND
SATING SUBSECTION.130 OF SECTION 6.44.010(NUISAN-
CES) OF CHAPTER 6.44 (NUISANCES)'OF TITLE 6 (PUBLIC x
HEATH AND SAFETY)OF THE ANAHEIM MUNICIPAL CODE
RELATING TO NUISANCES BASED UPON THE FINDING AND
DETERMINATION THAT THE SUBJECT MATTER OF THIS ORDI- q
NANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMEN- y
TAL QUALITY ACT(CEQA) CEQA PURSUANT TO SECTIONS Si
AFFIDAVIT OF PUBLICATION GUIDE-
LINES1506AND ISN (NOT A"PROJECT'',AS DEFINED IN SECTION y
15378 OF THE STATE CEQA GUIDELINES. h
STATE ,j WHEREAS,pursuant to the City's.police power,as granted broadly under Artigle
L,IFOR I ,, ) r ;k XI,Section 7 of the California Constitution,the City Council of the City of Anaheim("Qity
,,:, Council")has the authority to enact and enforce ordinances and regulations for the pulillic
) ss. peace,morals and welfare of the Cityandits residents;and - 't
County of Orange ) WHEREAS,the City Council finds and determines that this ordinance is not sub-
ject to the California Environmental Quality Act of 1970;as amended(Public Resources
' Code Section.21000 et seq.; herein referred to as "CEQA"), pursuant to Sections
15060(c)(2)and 15060(c)(3)of the State of California Guidelines for Implementation of tate
California Environmental Quality Act(California Code of Regulations,Title 14,Chapter3;
I am a citizen of the United States and a resident herein referred to as the"CEQA Guidelines"),because it will not result in a direct or r a-
sonably foreseeable indirect physical change in the environment and is not a projects
of the County aforesaid; I am over the age of defined in Section 15378 of the CEQA Guidelines;and d
WHEREAS,the City Council determines that this ordinance is a matter of City-w le
importance and necessary for the preservation and protection of the public health,sa ty
i
eighteen years, and not a party to orinterested in or welfare and is in accord with the public purposes and provisions of applicable State ltd
local laws and requirements. t
the above-entitled matter. I am the principal NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES CIR-
DAIN AS FOLLOWS: a •
clerk of the Anaheim Bulletin, a newspaper that SECTION 1. w
Subsection.130 of Section 6.44.010(Nuisances)of Chapter 6.44(Nuisances)of Tale
has been adjudged to be a newspaper of general �''6(Public Health and Safety)of the Anaheim Municipal Code be,and the same is here y,
amended
A
circulation by the Superior Court of the County
and restated,to read in full as follows: +
of Orange, State of California, on December 28, i .130 Feeding of wild animals or cats.
1951, Case No. A-21021 in and for the City Of .1301 It shall be unlawful for any person to feed a feral cat,a stray cat or a cat a
community on public property,unless the person is a cat caregiver,who first I
obtains permission from the Community Preservation Manager. It shall also i
be unlawful for any person to feed a feral cat,a stray cat or a cat community i
Anaheim, County of Orange, State of California; on private property in a manner that creates harmful health or sanitation con- 0
ditions,destruction of property,attraction of coyotes,rats and/or other ver l
min,which is oterwise or I
that the notice, of which the annexed is a true which otherwisehcreat sdmental anr1 nrreasotnable publicthe o stu bance,such tasor noise,swelfareo-as J
to disrupt the peace and comfort of persons of ordinary sensitivity in surround- I
printed copy, has been published in each regular dng nousenolde.:
For purposes of this section,a"feral cat"is a cat who has either never had 4
contact with humans or whose contact with humans has diminished over a
andentire issue of said newspaper and not in any time. Feral cats are the offspring of stray or feral cats,are not accustomed to d
human contact,and are usually too fearful to be handled or adopted. As a re- V
supplement thereof on the following dates, to - suit,feral cats survive on their,own outdoors. A"stray cat"is a pet who has 7
been lost or abandoned,is used to contact with people,may be reunited with V
its family,and is tame enough to be adopted. A"cat community"is a group 1
wit; of stray and/or feral cats that live or take refuge together as a group in a spe-.
cific territory where food andshelterare available.A"cat caregiver is a per- M
son who,in accordance with"Trap-Neuter-Return",provides care,including, 4
May 14,2015 food,water,shelter or medical care to a feral cat,a stray cat or a cat commun- a
ity. "Trap-Neuter-Return"is the method of humanely trapping feral and stray t
cats, having them spayed or neutered and vaccinated against rabies,and 'r
then returning them to their cat community to live out their lives or,in the case i
of stray cats,to their owners,if possible. `+
"I certify (or declare) under the penalty of .
.1302 It shall be unlawful for any person to feed any wild birds on public prop- '
erty in a manner that creates harmful health or sanitation conditions,destruc- ,
perjury under the laws of the State of California tion of property,unsightly or increased slipperiness of sidewalks,animal de-
pendency,attraction of coyotes,squirrels,rats and/or other vermin,which is
otherwise detrimental to the public health,safety or welfare or otherwise ore- j
that the foregoing is true and Correct": ates an unreasonable disturbance,such as noise,so as to disrupt the peace t
and comfort of persons of ordinary sensitivity in surrounding households. 1
SECTION 2.SEVERABILITY,
The City Council of the City of Anaheim hereby declares that should any section,
Executed at Santa Ana, Orange County, paragraph,sentence,phrase,term or word of this ordinance be declared for any reason to
California,on be invalid,it is the intent of the City Council that it would have adopted all other portions,of
this ordinance independent of the elimination herefrom of any such portion as may be de-
clared invalid. If any section,subdivision,paragraph,sentence,clause or phrase of this
Ordinance is for any reason held to be.invalid or unconstitutional,such decision shall not
Date: May 14,2015 affect the validity of the remaining portions of this Ordinance. The City Council hereby de-
clares that it would have passed this Ordinance,and each section,subdivision,paragraph,
sentence,clause and phrase thereof,irrespective of the fact that any one(or more)sec-
tion,subdivision,paragraph,sentence,clause or phrase had been declared invalid or an-
constitutional. ,
/
SECTION 3. CERTIFICATION c `
• •
The City Clerk shall certify to the passage of this ordinance and shall cause tye
same to be printed once within fifteen(15)days after its adoption in the Anaheim Bulletin,a
newspaper of general circulation,published and circulated in'the City of Anaheim. ,
r
SECTION 4. EFFECTIVE DATE ,
' This ordinance shall take effeot and be in full force thirty(30)days from and afier
its final passage. - 3
Signature THE FOREGOING ORDINANCE was introduced at a regular meeting of the Ot
Council of the City of Anaheim held on the 21st day of April,2015,and thereafter pass
and adopted at a regular meeting of said City Council held on the 5th day of May,2015, y
Anaheim Bulletin the following roll call vote: .,
625 N.Grand Ave. AYES: - Mayor Tait and Council Members Kring,Murray,Brandman and Vanderbilt V
Santa Ana,CA 92701 NOES: None ,
(714)796-2209 ABSENT: None' a•
ABSTAIN:None
I
CITY OF ANAHEIM -
By:_/s/Tom Tait
MAYOR OF THE CITY OF ANAHEIM +
t
i
ATTEST: I
i
/s/Linda Andal - A
CITY CLERK OF THE CITY OF ANAHEIM "
4ettbfish:Anaheim-Bulletin May 14.2015 10047972 i '-l- —