Ordinance - 1929c=
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ORDINANCE 'NO. 1929
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA AMENDING WEST COVINA MUNICIPAL
CODE §15-29 AND DECLARING THE URGENCY THEREOF
The City Council of the City of West Covina does ordain as
follows:
Section 1. Findings: The City Council finds:
A) That birds Qand certain vectors present potential
health concerns at solid waste landfill sites, including the
BKK Landfill, located within the City of West Covina;
B) That BKK and the Local Enforcement Agent (LEA) need
immediate and effective means to keep such birds and vectors
away from the landfill area;
C) That BKK has tried many devices and employed various
operating procedures and has determined it needs to supplement
these measures with a certain type of pistol and shotgun
designed specifically to scare away birds, as other devices do
not work;
D) That the LEA has determined such devices are safe
and effective, do not cause excessive noise (and in fact
create less noise than the cannons presently in use) are used
at other landfills in urban areas and will not harm the birds;
E) That to use such devices requires an amendment to
the West Covina Municipal Code as the devices to be used may
be classified as "firearms," which may not be discharged
within the City except as allowed by that Code.
F) That this ordinance must be effective immediately to
control birds at the landfill to prevent the possible spread
of disease.
Section 2. Section 15-29 of the West Covina Municipal Code
is amended to add subsection (e) to read as follows:
Sec. 15-29. When use or possession permitted.
The provisions of this article as to the use of any of
the firearms mentioned therein shall not apply to any of the
following cases:
(a) To police, peace officers, or persons in military service
in the discharge of their duties and using reasonable
care;
(b) To persons using firearms in necessary self defense;
(c) To the possession of such firearms for keeping at the
place of residence or business of the person otherwise in
lawful possession thereof, or while traveling to or from
a legal firing, shooting or target range or hunting
ground;
(d) To the discharging or firing of such firearms or causing
them to be discharged or fired, at a legal firing,
shooting or target range or hunting ground. (Code 1960,
§ 4401)
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(e) To the area described in Unclassified Use Permit No. 71,
Revision 5, (as that may be amended from time to time)
for the sole purpose of repelling birds and vectors, with
firearms designed specifically for that purpose, after
reasonable prior notice to .the LEA and in compliance with
any and all applicable provisions of federal, state or
local laws or regulations and any conditions imposed by
the LEA or Chief of Police.
Section 3. Environmental Review
This project is categorically exempt under. Class 7 and 8
exemptions. The City Staff is directed.to file notice thereof.
Section 4. Effective Date.
This ordinance shall be effective immediately to protect
public health within the City from the possibility that an
excessive number of birds around the landfill could spread disease.
APPROVED AND ADOPTED this 21st day of December , 1993.
ATTEST:
City Clerk
I HEREBY CERTIFY that the foregoing urgency ordinance was
introduced and adopted at a regular meeting of the City Council on
the 21st day of December , 1993, by the following vote of
the Council, to wit:
AYES: Herfert, Manners, McFadden, Wong, Jennings
NOES: None
ABSENT: None
APPROVED AS TO FORM:
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City Clerk
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. Ae0 l was published, pursuant to law, in the San
Gabriel Valley Tribune,, a. newspaper of general circulation
published and circulated in the City of West Covina.
t iC%�1�G1�n Gt�r� X&461 �-Z-4
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J net Berry, City Clerk
City of West Covina, California
DATED: 7 y
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