O-18-22 Adding Chapter 7.20 to Title 7 of the CIty of COlton Municipal Code Prohibiting the Feeding, Watering, and Harassment of Undomesticated Burros

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1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 1.6. 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 0-18-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA ADDING CHAPTER 7.20 TO TITLE 7 OF THE CITY OF COLTON MUNICIPAL CODE PROHIBITING THE FEEDING, WATERING,. AND HARASSMENT OF UNDOMESTICATED BURROS WHEREAS,. the City of Colton finds that the population growth of undomesticated burro herds and the increased urbanization of the City has resulted in an increase in injured wild burros from traffic accidents within the City WHEREAS, the wild burro herds have migrated into populated areas seeking food : and water that is provided by well-meaning people. Food and water that is made available in more populated areas reduces or eliminates the burros' fear of humans and cars and encourages the burros to abandon Their natural instinct to graze; and WHEREAS, the change in burros' food seeking behaviors because of these well-meaning people presents.a safety issue for the residents and burros in the City; and WHEREAS, .the burros continue to move further into populated areas in search of. food resulting in an increase in traffic accidents with serious injuries to,citizens and burros; and WHEREAS, this ordinance is adopted pursuant to the authority granted by Article 1.1, Section 7 .of the. Constitution of the State of California., section 2156 and section 4600 of the California Fish and. Game Code, section 53074.5 of the Government Code,..and the California Code of Regulations; Title 14, Division 1, section 251.1 regarding the. harassment of animals; and WHEREAS, generally the area of f sh and game has been preempted by the state, however, Fish and Game Code section 2156 authorizes regulation of fish and .game by local government in situations where the enacted ordinances relating, to the possession or care of wild animals are more restrictive than the regulations. This ordinance is based on a regulation -of the Department of Fish and Game, Cal, Code Regs. Title. 14,. § 251.1 and prohibits the harassment,'. including feeding of, undomesticated mammals, or birds. This ordinance is more restrictive than the regulation because it is specific to burros in Colton and focuses on prohibiting feeding as its primary obj ective, with a secondary goal of prohibiting the harassment.. as set forth in the regulation. The ordinance is not duplicative of state law, or preempted by state legislation; and WHEREAS, in attempt to bring this problem under control, it is necessary to (1) prohibit feeding, or providing. food and water in any manner, to burros that are not within the legal possession of that person, (2) prohibit the harassment of the animals to reduce the human interaction.. that has resulted in the burros abandoning their grazing grounds. NOW, THEREFORE, the City Council of the City of Colton,: California, does ordain as follows: