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D. Supplementing certain foods outside of the natural habitat can result in direct harm to waterfowl, <br />including discouraging natural migration, causing avian diseases, and limiting the birds' intake of <br />more nutritional natural foods. <br />E. Replicating the natural environment also means not incubating or otherwise intervening in the <br />propagation of waterfowl unless licensed to do so by resources agencies. <br />F. Incidental or de minimus feeding of waterfowl on a sporadic, non - routine basis does not distort or <br />alter migratory patterns or the natural behavior of waterfowl. <br />7.26.020 Prohibition on Incubation <br />No person, unless permitted or licensed to do so by the California Department of Fish and Game or the <br />US Fish and Wildlife Service, shall incubate or otherwise assist in the propagation of eggs produced by <br />waterfowl such as ducks, terns, gulls, or pelicans found on or adjacent to Newport Bay. <br />7.26.030 Prohibition on Feeding of Waterfowl <br />No person shall establish or provide food to waterfowl on or adjacent to Newport Bay, unless such <br />feeding is found by the City or its officers to be a temporary and de minimus provision of food that does <br />not distort or alter the natural habitat of Newport Bay. For the purposes of this section, "adjacent" means <br />within one half of one mile of the mean high tide line of Newport Bay or the Pacific Ocean. <br />7.26.040 Violation Subject to Administrative Citation <br />It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of <br />this chapter. Any person violating any of the provisions or failing to comply with any of the requirements <br />of this chapter shall be subject to civil fines according to Chapter 1.05. <br />7.26.050 1®' and 2nd Violations -- Warning and Education <br />Prior to the issuance of any administrative citation under the authority of Section 7.26.040, the City or its <br />officers shall, in the first and second instances of any violation by any one person, issue a warning along <br />with educational material to any person found violating this chapter. The educational material shall state <br />the benefits to water quality and to habitat protection of this chapter's prohibitions. <br />This Ordinance was introduced at a regular meeting of the City Council of the City of <br />Newport Beach held on the 11th day of December, 2001, and was adopted on the 8th <br />day of January, 2002, by the following vote, to wit: <br />AYES, COUNCIL MEMBERS: Heffernan, Bromberg, <br />Glover, Adams, Proctor, Mayor Ridgeway <br />NOES, COUNCIL MEMBERS: <br />ABSENT, COUNCIL MEMBERS: O'Neil <br />ABSTAIN, COUNCIL MEMBERS: <br />AN <br />