12-21-1993 - Urgency Ordinance Amending WC Municipal Code 15-29 Allowing BKK Landfill to Use Firearms for Bird Control Under Specified ConditionsCity of West Covina
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Memorandum
} GENDA
TO: City, Manager and City Council
ITEM NO.
DATE 12-21-93
FROM: Steven L. Samanlego (SPRINTED ON RECYCLED PAPER
:Waste Management Enforcement Manager
SUBJECT: URGENCY ORDINANCE. AMENDING WEST COVINA
MUNICIPAL CODE 15-29 ALLOWING BKK LANDFILL TO USE
FIREARMS TO BE DISCHARGED FOR BIRD CONTROL AT THE
LANDFILL WITHIN THE* CITY UNDER SPECIFIED CONDITIONS.
SUMMARY: The Local Waste Management Enforcement Agency (LEA) for the City
of West Covina requires under State regulation that BKK Landfill- provide
adequate bird and vector control. During the December 6, 1993 landfill
inspection, the LEA identified an area of concern that BKK had with
controlling birds (seagulls) from landing on the waste. The most effective
control mechanism is the use of firearms or devices which fall under the
definition of firearms to shoot noise making projectiles. To permit this
activity, an urgency ordinance is required: The concern. was that BKK
• was doing everything possible within their ability to control the birds
which was not 100 % effective.
BACKGROUND: The Local Waste Management Enforcement Agency (LEA) for the.City
of West Covina requires under State regulation that BKK Landfill provide
adequate bird and vector control. During the December 6, 1993 landfill.
inspection, the LEA identified an area of concern that BKK had with,
controlling birds (seagulls) from landing on the waste. The concern was
that BKK was doing everything possible within their ability to control the
birds which was not 100 % effective.
In the past BKK had a more effective bird control program with the use
of firearms to shoot projectiles 150-175 feet into the air that pop or make
a siren noise to scare the birds without harming them. This particular
bird control program was prohibited by the West Covina Police
Department because these devices fall under the definition of firearms and
the use of firearms_ within the City is prohibited except under strict
circumstances under the Municipal Code 15-29.
The use of firearms to shoot noise making projectiles for bird control is
common at other landfills in Southern California and are safe and
effective. Projectiles do not cause excessive noise and should be used on
an as needed basis when the other control programs are not effective. The
.projectiles are designed to scare the birds not harm them.
The attached proposed ordinance would allow BKK to use firearms for the
use of shooting noise making projectiles to scare birds away from the
landfill. The birds can become a nuisance to landfill operations and to the
general public. Birds are also a concern to airplanes.
This problem is an immediate one, which should not be subject to the time
delay of the conventional ordinance adoption process,, hence. the urgency
provision.
The Police Chief and the. LEA support this ordinance.
City Manager and City Council December 21, 1993
Urgency Ordinance Page 2
RECOnIlVIEENDATION• It is recommended that the City Council adopt. the following•
Ordinance.
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ORDINANCE NO. Ad,
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA AMENDING WEST COVINA MUNICIPAL
CODE § 15-29. AND DECLARING THE URGENCY THEREOF
Steven L. Samaniego, R.E.H.S. •
Was: Management Enforcement Manager
SLS: i1
Atta-chment