Chapter 7.26


7.26.010    Findings.

7.26.020    Prohibition on Incubation.

7.26.030    Prohibition on Feeding of Waterfowl.

7.26.050    First and Second Violations—Warning and Education.

7.26.010 Findings.

The City of Newport Beach finds and declares that:

A.    The waters of Newport Bay contain important natural habitat for migratory waterfowl and other birds such as ducks, gulls, terns and pelicans.

B.    The value of this habitat is maximized when the bay and its environs are, to the maximum extent practicable, maintained in a manner that replicates the natural environment.

C.    Replicating the natural environment means improving water quality, maintaining native grasses and plants, and not supplementing to, nor removing food from, the environment.

D.    Supplementing certain foods outside of the natural habitat can result in direct harm to waterfowl, including discouraging natural migration, causing avian diseases and limiting the birds’ intake of more nutritional natural foods.

E.    Replicating the natural environment also means not incubating or otherwise intervening in the propagation of waterfowl unless licensed to do so by resources agencies.

F.    Incidental or de minimus feeding of waterfowl on a sporadic, non-routine basis does not distort or alter migratory patterns or the natural behavior of waterfowl. (Ord. 2001-24 (part), 2002)

7.26.020 Prohibition on Incubation.

No person, unless permitted or licensed to do so by the California Department of Fish and Game or the United States Fish and Wildlife Service, shall incubate or otherwise assist in the propagation of eggs produced by waterfowl such as ducks, terns, gulls or pelicans found on or adjacent to Newport Bay. (Ord. 2001-24 (part), 2002)

7.26.030 Prohibition on Feeding of Waterfowl.

No person shall establish or provide food to waterfowl on or adjacent to Newport Bay, unless such feeding is found by the City or its officers to be a temporary and de minimus provision of food that does not distort or alter the natural habitat of Newport Bay. For the purposes of this section, “adjacent” means within one-half (1/2) of one mile of the mean high tide line of Newport Bay or the Pacific Ocean. (Ord. 2001-24 (part), 2002)

7.26.050 First and Second Violations—Warning and Education.

Prior to the issuance of any administrative citation, the City or its officers shall, in the first and second instances of any violation by any one person, issue a warning along with educational material to any person found violating this chapter. The educational material shall state the benefits to water quality and to habitat protection of this chapter’s prohibitions. (Ord. 2023-22 § 419, 2023; Ord. 2001-24 (part), 2002)