101-Staff Report.pdf
DEPARTMENT OF PARKS AND RECREATION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
STAFF REPORT
Agenda Item No. 14 Meeting Date: August 3, 2010
Subject
Adopt ordinance prohibiting the feeding of birds in City parks.
Recommended Action
Conduct first reading of ordinance.
Description
Over the past few years, residents’ complaints about duck and geese fecal matter creating a nuisance
at Memorial Park, has increased. Staff, along with the Parks and Recreation Commission, has
researched different alternatives to reduce the number of geese and ducks at Memorial Park. The
ideas discussed included:
increased education regarding the negative impacts of feeding the ducks and geese with
human food
the use of a non-toxic spray for the grass and
using dogs to chase the geese and ducks
Cupertino Naturalist, Barbara Banfield, has developed a new informational flyer encouraging people
to not feed the ducks and geese. The flyer is posted on the Cupertino website and distributed at the
Senior Center and Quinlan Community Center.
Staff talked with the manufacturer of the non-toxic spray and learned that it would not be a good
product for Memorial Park. While the spray is non-toxic when it is on the grass, it can irritate the
throat and eyes when it is in the air. This would require staff to wear protective gear when spraying
and Memorial would need to be closed during spraying.
Several cities have tried border collies with a professional geese busting handler. While this appears
to have worked at Shoreline in Mountain View, staff did not feel it would be conducive for Memorial
given the concerns people expressed during the dog park process and the close proximity of the
children’s playground to the ponds at Memorial.
While doing the research on this issue, staff learned that an ordinance prohibiting the feeding of birds
in parks was a necessary step to address this issue. The Cupertino Municipal Code does not currently
have such a prohibition. The Parks and Recreation Commission recommends to the Cupertino City
Council that such an ordinance be adopted. The proposed ordinance is Attachment A. Other
jurisdictions including Mountain View and Santa Clara County have ordinances prohibiting the
feeding of ducks and geese.
August 3, 2010 Cupertino City Council Page 2
The number of geese and ducks at Memorial Park has caused problems for park users and parks
maintenance staff. The fecal matter has made the park unpleasant and unhealthy for park users.
Keeping the park clean of the fecal matter is also difficult. In addition, the cleanup of the fecal matter
from the Memorial Park ponds is also an arduous process. One of the reasons for the increase in
ducks and geese is that people feed them with human food. While this may seem like a friendly
gesture, it is very hard on the birds.
Ducks, geese and other waterfowl are physically designed to eat natural foods growing in the
environment to stay healthy and light for flight. When ducks, geese and other waterfowl are fed
human foods, their organs become engorged and fatty on the inside and they quickly die from
malnutrition, heart disease, liver problems and other health complications. An overfed,
malnutritioned duck or other waterfowl is sluggish and can’t escape predators. Further, feeding
ducks and other waterfowl adversely affects natural migration patterns, which are critical for their
ongoing survival. The flyer on the negative impacts of feeding waterfowl is Attachment B.
Fiscal Impact
The annual cost to keep the pond clean of the excess fecal matter is $45,000. The pond has to be
drained three times a year at a cost of $15,000 per each time.
If Council approves the proposed ordinance, persons cited for violation of the ordinance would be
subject to a fine of $100 for a first offense, $200 for a second violation within one year, and $500 for
a third violation within one year. Although, staff recommends a warning for the first violation for the
first year, there could be some modest revenue from the fines.
Finally, there would be a modest cost to install new signs indicating that feeding ducks and geese was
prohibited and citing the specific section of the Municipal Code.
Coordination
This report has been coordinated with Code Enforcement, Public Works, and the City Attorney.
Prepared by: Mark Linder, Director, Parks and Recreation
Reviewed by:
Approved for Submission by: David W. Knapp, City Manager
Attachments: A. Draft ordinance
B. Flyer
August 3, 2010 Cupertino City Council Page 3