Chapter 8.08


8.08.010    Purpose.

8.08.020    Definitions.

8.08.030    Feeding of wildlife prohibited.

8.08.040    Exceptions.

8.08.050    Violation and enforcement.

8.08.010 Purpose.

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, with certain exceptions, the feeding of wildlife within the city of Half Moon Bay to protect the environment and promote public health, safety and welfare. (Ord. C-2023-01 (Exh. A), 2023).

8.08.020 Definitions.

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

“Bird feeder” means a device placed outdoors to supply nuts, seeds or nectar for wild birds to eat.

“Feed” means to give, distribute, place, expose, deposit, or scatter any edible material on any public or private property with the intention of feeding, attracting, domesticating or enticing wildlife, whether or not wildlife is in the vicinity at the time. Feeding does not include baiting in the permitted and legal take or depredation of wildlife in accordance with federal, state, and local law.

“Person” means any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

“Wildlife” means any nondomesticated species of animal including but not limited to coyotes, deer, wild turkeys, foxes, skunks, raccoons, opossums, squirrels, ducks, geese, ravens, crows, and gulls. (Ord. C-2023-01 (Exh. A), 2023).

8.08.030 Feeding of wildlife prohibited.

A.    No person shall purposely or knowingly feed wildlife on public or private property in the city of Half Moon Bay.

B.    No person shall leave or store any refuse, garbage, pet food, seed or birdseed, fruit, meat, dairy, vegetable, grain or other food in a negligent manner likely to attract 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, backyard bird feeders or any other similar food source or attractant, after being advised by the city of Half Moon Bay to undertake such remedial action. (Ord. C-2023-01 (Exh. A), 2023).

8.08.040 Exceptions.

The prohibitions in Section 8.08.030 are not applicable 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 on private properties, to the extent authorized by law and subject to the following requirements:

1.    Feeding shall only be via a bird feeder.

2.    All bird feeders placed shall be suspended on a cable or otherwise secured at least five feet above ground level so as to prevent the bird feeders from being easily accessible to rodents and unintended wildlife.

3.    The area below and around bird feeders must be kept clean and free of seed and an accumulation of feces.

4.    No person shall knowingly allow a bird feeder to become an attractant for rodents or wildlife other than the intended birds.

5.    Bird feeders shall be maintained in a manner to prevent the spread of disease among wild bird populations.

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 time that a wildlife rehabilitator or agency charged with animal control is notified and the time 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 when 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, opossums, moles and rodents pursuant to 14 CCR Section 472; or as otherwise permitted and authorized by state law. (Ord. C-2023-01 (Exh. A), 2023).

8.08.050 Violation and enforcement.

The violation of any provision of this chapter shall constitute an infraction and a public nuisance, subject to enforcement and penalties, civil fines, and other remedies. (Ord. C-2023-01 (Exh. A), 2023).