Berkeley Municipal Code Ch. 6.50 Prohibition on Feeding Wild Animals on Public Property

The purpose of this chapter is to prohibit the feeding of wild animals on public property, including City parks, facilities, streets, sidewalks, median strips, parking strips, and rights-of-way in order to (1) reduce risks of disease, (2) reduce overpopulation of wild animals, and (3) lessen the damage to public property caused by wild animals. (Ord. 7356-NS § 1 (part), 2014)

Whenever any of the words hereinafter defined are used in this chapter, they shall be construed to mean the following:

A. "City Manager" means the City Manager, or anyone designated by the City Manager.

B. "City Parks" means all parks owned or maintained by the City, including areas designated by the City Manager as "community gardens."

C. "Feed" means to distribute, place, deposit, or dump any type of food in any manner, whether or not an animal is in the vicinity at the time the food is distributed, placed, deposited, or dumped.

D. "Wild" animal means any non-domesticated species of animal, including but not limited to gophers and squirrels.

E. "Public Property" means all City parks, buildings, facilities, streets, sidewalks, median strips, parking strips (as defined in Chapter 12.44.040), and rights-of-way (including landscaping on such property). (Ord. 7356-NS § 1 (part), 2014)

No person shall feed wild animals at any time in City Parks or on Public Property, without specific written authorization from the City Manager. (Ord. 7356-NS § 1 (part), 2014)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason declared unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its sections, subsections, sentences, clauses, or phrases. (Ord. 7356-NS § 1 (part), 2014)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 7356-NS § 1 (part), 2014)