After receiving multiple complaints of individuals creating a nuisance with the feeding of feral cats, Animal Control staff requested the enactment of regulations prohibiting the feeding of wildlife and undomesticated animals, and the formal establishment of a cat "return to field" program. 

In addition, the new contract with the OCFA requires that various functions previously performed by former Fire Department personnel be reassigned other departments or referred to the OCFA. 

This ordinance enacts a prohibition against feeding wildlife or undomesticated animals, adopts a cat management program, and revises the provisions of the Municipal Code that were previously performed by the Fire Department, which are being transferred to other departments and the Orange County Fire Authority, including revisions to Chapter 5.28 pertaining to Fireworks and fireworks stands permit regulations.

The revisions to the Municipal Code are summarized below.

Animal Control

The ordinance adds a new section 6.04.150, which prohibits the feeding of wildlife or undomesticated animals, which would include, for example, feral cats, coyotes, possums and squirrels.  This is not an exhaustive list of animals covered.

The ordinance further adds a new section 6.04.160, which formalizes the "return to field" or "trap-neuter-return" program for feral cats.  It specifically permits trapping for purposes of implementing a return to field program but requires anyone wishing to trap to first obtain a permit from Animal Control.

Former Fire Department Related Revisions

The ordinance revises various provisions of the Municipal Code relating to functions that were performed by fire department personnel as follows:

• The provisions in Chapter 5.10 pertaining to ambulances were changed to refer to the OCFA or the OCFA-designated Fire Chief or the City Manager where appropriate.

• The weed abatement and Hazmat regulations have been reassigned from the Fire Chief to the City Manager or his/her designee, and acknowledge that services performed by OCFA will be subject to its regulatory fees.

Fireworks

Because the former fire department had a major role in fireworks stands permitting, the complete chapter 5.28 pertaining to fireworks is being revised.  Most sections have revisions.  Generally, the permitting functions are being consolidated in the Finance Department, where fireworks stand applications have traditionally started.  Many regulations have been clarified.  The revisions that could be considered major include the following:

• The permit fee will be revised by resolution, and will most likely increase to help recover more of the costs of processing annual applications.

• The maximum number of temporary fireworks stands is being reduced from 45 to 30.  For the last couple of years, the number of applicants has been declining now that other cities are also permitting the sale of fireworks.  Reducing the number of permits will help reduce the costs to the City of processing applications.

• Appeals will no longer be heard by the City Council.  Appeals will now be delegated to the City Manager or his/her designee and their decision will become final.  

It is recommended that the City Council:

• Introduce the Ordinance Amending the Municipal Code pertaining to Animal Control regulations and services formerly performed by the Fire Department, including revisions to the fireworks regulations, and pass it to second reading.