Downey Municipal Code Ch. 12 Feeding Wildlife

Feeding of wildlife is both detrimental to wildlife health and causes a public health nuisance and safety hazard that negatively impacts public health and welfare. This chapter is intended to prohibit feeding wildlife within the City of Downey as to protect public and environmental health, safety and welfare, and to prescribe penalties for failure to comply.

(Added by Ord. 19-1412, adopted 6-25-19)

For purposes of this chapter, the following definitions shall apply:

"Feed"

means to give, distribute, place, expose, deposit, or scatter any edible material on any public or private property that results in or would likely result in the feeding, attracting, enticing or domesticating wildlife. Feeding does not include baiting in the permitted and legal take or depredation of wildlife in accordance with Federal, State and local law.

"Feral cat"

means any cat that can no longer be domesticated, and includes house cats that have been abandoned and have become unsocialized to humans.

"Person"

means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

"Wildlife"

means coyotes, foxes, skunks, raccoons, opossums, squirrels, ducks, geese, crows, feral cats, and gulls.

(Added by Ord. 19-1412, adopted 6-25-19)

(a) No person shall purposely or knowingly feed wildlife in the City of Downey, on lands either publicly or privately owned.

(b) No person shall leave or store any refuse, garbage, pet food, seed or bird seed, fruit, meat, dairy, vegetable, grain or other food in a negligent manner likely to feed wildlife.

(c) No person shall fail to take remedial action to cease contact or conflict with wildlife, including to secure or remove outdoor refuse, cooking grills, pet food, or any other similar food source or attractant, after being advised by a City of Downey Code Enforcement Officer to undertake such remedial action.

(Added by Ord. 19-1412, adopted 6-25-19)

The prohibitions in Section 4982 do not apply to:

(a) Landscaping, gardening, and/or maintaining vegetable gardens, fruit and nut trees or other plants, so long as such activities are not conducted for the purpose of feeding wildlife as defined in this chapter.

(b) Feeding of birds outdoors on private residential properties using bird feeders.

(c) Any State or local employee or agent authorized to implement a wildlife management program involving baiting, or any other person or business lawfully authorized to bait and trap wildlife pursuant to State law.

(d) Any person who is the legal owner or guardian of a wildlife species maintained and confined under a valid license or permit issued by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service, and in compliance with all applicable laws.

(e) A wildlife rehabilitator, under a valid license or permit issued by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service, who is temporarily caring for sick, injured, or orphaned wildlife in compliance with all applicable laws.

(f) Any person who feeds trapped, injured, or orphaned wildlife between the times that a wildlife rehabilitator or agency charged with animal control is notified and the animal is picked up. Any person that discovers such trapped, injured, or orphaned wildlife must immediately notify an authorized animal control agency, and no person may intentionally keep such wildlife beyond the time reasonably necessary for animal control services to access and transport the wildlife.

(g) Any property owner baiting, for the purpose of trapping, wildlife on their property authorized by and in accordance with State law, including, but not limited to, trapping gophers, house mice, moles, rats, and voles pursuant to Fish and Game Code Section 4005(f); taking of certain mammals found injuring crops or property pursuant to Fish and Game Code Section 4152; taking of certain nongame birds and mammals such as weasels, skunks, opossum, moles and rodents pursuant to 14 California Code of Regulations Section 472; or as otherwise permitted and authorized by State law.

(Added by Ord. 19-1412, adopted 6-25-19)