Imperial County Municipal Code Ch. 12.44 Wildlife Protection

Wildlife have come to depend on manmade watercourses in Imperial County as a source of water. As these watercourses are improved, however, access to them have become more difficult. For example, the cementing of the Coachella Branch of the All-American Canal resulted in the loss of numerous deer by drowning.

In an effort to mitigate this situation, the Imperial County fish and game commission, in cooperation with the California Department of Fish and Game, has been implementing a program of constructing and maintaining wildlife watering holes. It is essential that these wildlife watering holes remain accessible to wildlife.

These wildlife watering holes, and the areas around them, have been and are still being used for recreational and other purposes, including camping and mining. Such uses have the effect of preventing access to these watering holes by the wildlife. If the wildlife watering hole program is to succeed, it is necessary to enact reasonable protective measures designed to ensure their availability to wildlife.

(Prior code § 32500)

A. It is unlawful for any person to:

1. Camp or loiter within one-quarter mile of any wildlife watering hole;

2. Swim or bathe in any wildlife watering hole;

3. Drain or otherwise remove the water from any wildlife watering hole;

4. Contaminate, pollute or introduce any substance, material or waste into or on the waters of or soils surrounding a wildlife watering hole;

5. Engage in any other activity that would likely result in damage to a wildlife watering hole or impair or prevent access to such watering holes by wildlife.

B. As used herein, "wildlife watering hole" means any water hole, well, spring, seep, tenajas or other naturally occurring water source or supply that has been improved or any manmade watering or water storing device including but not limited to guzzlers, horizontal wells, windmills with storage tanks or water troughs.

C. Lack of specific knowledge that the watering hole is a wildlife watering hole as herein defined shall not constitute a defense to a violation charged under this section.

(Prior code § 32501)

Notwithstanding the provisions of Section 12.44.020, the provisions of this chapter shall not apply to persons using a wildlife watering hole in an emergency or for consumption by them or domesticated animals under their control when necessary for their survival or well-being.

(Prior code § 32502)

The department of buildings and grounds, or such other agency as shall be designated by the county, shall erect such signs and/or other notices stating the prohibitions contained herein, at such places as it deems appropriate.

(Prior code § 32503)

Violations of this chapter may be enforced by any federal, state or local peace officer or ranger with peace officer status, or by any officer or employee of the county who may be assigned to such duty.

(Prior code § 32504)

A. A violation of this chapter is a misdemeanor and shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than six months or both.

B. The continuance or reoccurrence of a violation more than twenty-four (24) hours after a previous citation shall be considered a separate violation and shall be cited as such.

C. In addition to the fine imposed upon a conviction, the court shall require that a person convicted of a violation of this chapter shall reimburse the county for the costs of repair and cleanup or the abandonment of the damaged watering hole and the construction of a replacement watering hole.

(Prior code § 32505)