Cort V. Wiegand, SBN: 073739 LAW OFFICE OF CORT V. WIEGAND 1207 13" Street, Suite 5 Modesto, CA 95354 wiegandlaw@aol.com Email Address (209) 524-0937 Business Phone (209) 524-4109 Facsimile June 3, 2020 Via US Mail & Electronic Mail- cmiddleton @cityofbelvedere.org Craig Middleton City Manager of Belvedere 450 San Rafael Avenue Belvedere, CA 94920-2336 Re: Noah Drever — Possession of Hawk in Belvedere Dear Mr. Middleton: This office has been retained regarding Noah Drever's possession and housing of his Siberian Goshawk in the City of Belvedere. My client was informed by Irene Borba, the Belvedere City Planner, that falconry and possession of my client’s Goshawk are both illegal in Marin County. It is our belief and our position that falconry, and possession of birds of prey, pursuant to licensing in the State of California are legal, not only in Belvedere, but in every other city and county in the State of California, It appears that Irene Borba has taken it upon herself to make this ultimate decision in the face of correspondence the Department of Fish and Game, as well as the Marin County Humane Society. (See emails attached hereto as Exhibit “A”). Ms, Borba received an email from George Brent from the California Department of Fish and Wildlife, informing her that there are two categories of Raptors, ie. “wild raptors”, meaning a bird removed from the wild for falconry, and “captive-bred” raptors, meaning those birds were bred in captivity. Under Title 14 of California regulations and the Federal regulations regarding the practice of falconry, the manner in which birds of prey are possessed and handled are highly regulated in order to protect and ensure the proper treatment of the birds of prey. The bird in question was not only bred in captivity, but is imprinted to people and is therefore very tame. Imprinted Raptors come to recognize people as their parent. Attached hereto as Exhibit “B” is a photograph of my client’s parents with his hawk. As you can see, the bird is quite tame and is allowing both of his parents to pet him without incident. In addition, there are 8 licensed faleoners in Marin County at the present time.Marin County Ordinance Section 8.04.183 defines “a wild or undomesticated animal”. The overriding purpose of the ordinance appears to be the desire to protect human life or property. My client’s bird constitutes no danger to human life or property. ‘The phrase “and or require specialized handling” is vague, ambiguous and constitutionally overbroad, Virtually every captive bird or animal requires specialized handling in order to maintain its good health, Subparagraph (©) Class Aves, Section (1) of the Ordinance at issue states “Sub-Order Ratitae, such as, but not limited to, ostriches, theas, cassowaries and emus, excluding small caged birds such as parakeets, anaries, love birds and finches.” ‘To use this unnecessarily strict interpretation of the ordinance, as opposed to the interpretation of the Marin Humane Society, is unreasonable and illogical. Marin County has been famous for its Renaissance Pleasure Faire for more than fifly years where birds of prey are often seen and exhibited. Hawks and falcons are clearly legal in Marin County provided the person has the proper permits. ‘Trek Winery in Novato combines their winery tours with faleonry education, Attached hereto as Exhibit “Cis the flyer related to the event that took place on Sunday, July 7, 2019. Also, attached as Exhibit “D”, is an article updated July 19, 2018, which describes the use of falconry birds at the Redwood Landfill. Falcons are used to scare pest birds away from various crops throughout the State of California, They are also commonly used at many vineyards. Falconers as far away as Idaho travel to the Marin County, Sonoma, anc Napa area to perform this service on a yearly basi ‘The City of Belvedere adopted the ordinance in question, word for word, from Marin County's ordinance, but somehow is interpreting the ordinance differently than Marin County, If Ms, Borba’s interpretation is correct then the City of Belvedere has also outlawed macaws, eockatoos, peacocks, pigeons, pheasants and maybe even chickens, all of which would require specialized handling. The ordinance should be interpreted with an eye to the safety of human life and property and not an irrational technicality. Because of the extensive technical requirements necessary to obtain and possess birds of prey, it is also our position that local authority has been preempted by the state. 1 would point out how absurd it would be for a falconer, with his bird in his vehicle, to be in violation of this ordinance if he merely drove through the City of Belvedere. ‘The threat of criminal prosecution is high- handed to say the least. My client has recently elected to house his bird in the existing residence as is allowed pursuant to both State and Federal Falconry regulations. He has no plans to construct a new structure, My client demands that the City of Belvedere align its interpretation of the aforementioned ordinance with the County of Marin. In addition, it would be appropriate that the ordinance be amended to eliminate the issue of specialized handling, or at the very least, the term be defined and limited to animals that are dangerous to humans or property My client, as well as other falconers, have shared their knowledge, their birds and experiences with various school classes and other educational or public events. It would be unconscionable to deprive our children, as well as out fellow citizens, of the opportunity to see and learn about raptors firsthand. Attached hereto as Exhibit “E” is a photograph of my client and a friend with their raptors taken at Neil Cummins school in Corte Madera during an educational presentation.Thave attached as Exhibit “F” a copy of a letter dated April 27, 2020 from the Department of Fish, and Wildlife which verifies that my client has « valid Master Falconry License and contains his, Document ILD. Number. Falconry licenses are renewed every year on July 1° and my client will do so this year, My client is hoping to resolve the issues presented in a mutually satisfactory manner. If, however, he continues to be threatened with legal action, by way of criminal prosecution or a civil action for nuuisanee, he will be forced to file an action for Declaratory Relief in the Superior Court, For some unknown reason, emails related to the impasse have been shared directly with my client's next-door neighbor, who is apparently a friend of a person or person(s) of power within the City Government. Connections with the City’s administration does not make the unreasonable interpretation of the ordinance reasonable, Please review and respond at your earliest convenience. Very truly yours, ‘THE LAW OFFICE CORT Y. WIEGAI Ww CORT V. WIEGAND. Enel, ce: (Electronic Mail Only) Irene Borba- City Planner ~ iborba@cityofbelvedere.org Nancy Kemnitzer- Mayor ~ nkemnitzer@cityofbelvedere.org James Campbell- Vice Mayor ~ jeampbell @cityofbelvedere.org Nancy MeKenney ~ CEO/President of Marin Humane — nmckenney@marinhumane.org Captain Cindy Machado ~ Director of Animal Services ~ cmachado@marinhumane.org Damon Connolly ~ Marin County Supervisor District One - dconnolly@marincounty.org Kate Sears- Marin County Supervisor District Three ~ ksears @marincounty.orgExhibit A5729/2020 Falconry banned in Belvedere por Man county codes From: George, Brent@Wildlife Sent: Wednesday, April 29, 2020 2:08 PM ‘To: Noah Drever ‘Subject: RE: Keeping a Falcon in the City of Belvedere - Marin County Hi Noah ~ Yeah, that's going to be the extent of what | can probably do for you here. | really tried to assist within the confines of what | can and can't say. If she digs in her heals, you may just have to fight it. ‘The physical letter will be on its way to you today (same one as the digital copy you've already seen). No, | have never heard of a county ban on Falconry, but then | am fairly new to the Falconry Program. Good luck. Brent George Associate Governmental Program Analyst Califomia Department of Fish and Wildlife License and Revenue Branch (16) 928 -7466 From: Noah Drever ‘Subject: RE: Keeping a Falcon in the City of Belvedere - Marin County ‘Warning: This email originated from outside of CDEW and should be tated with extra caution, htlps:/mail ao. comtwebmai:stdlen-usPrinMessage ils from CDFW to Irene Borba in support of falconry (including attachment letter they set to Irene) a5120/2020, Falconry banned in Belvagere por Marin cauniy codos Holy moly ~ sorry to have stirred up this hornets’ nest, Never seen anyone searching so hard for a reason to ban falconry. Scratching my head as she continues to cite Marin county codes yet your letter clearly stated that 8 falconers reside in Marin county Do you know of any counties in California that explicitly ban falconry? Appreciate your assistance here- I’m sure it’s not what you want to be doing w/ your day Best, DREVER itnsomont Noah F. Drever | Managing 6: 415,789,1773 | m: 415.497.6773, drevereapitalmanagement.com From: George, Brent@Wildlife Sent: Wednesday, April 29, 2020 1: ‘To: Irene Borba - City Planner Subject: RE: Keeping a Falcon in the City of Belvedere - Marin County -ge(@wildlife.ca,gov> Ms. Borba, ‘The practice of Falconry in California requires a Falconry License from the California Department of Fish and Wildlife, and requires the Falconer to meet all other State and Federal requirements, Pursuant to Section 670 of Title 14 of the California Code of Regulations (CCR), Falconry in California can involve the use of captive-bred raptors, or wild raptors. Section 670 of Title 14 of the California Code of Regulations (CCR) defines these terms as follows: ‘nos:imallaal.com/vebmall-id/en-usPrintMessage 4672072020 Falconry banned in Belvedere per Main county codes + "Captive-bred’ raptor means the progeny of a mating of raptors in captivity, or progeny produced through artificial insemination.” + "Wild raptor’ means a raptor removed from the wild for falconry. It is considered a wild captured raptor, no matter its time in captivity or whether itis transferred to other licensees or permit types.” All eight (8) current Falconry License holders in Marin County must comply with all applicable Title 14 California regulations and all Federal regulations when practicing Falconry. hope this information is helpful to you. If you have any further questions or need further assistance, please feel free to contact me at the California Department of Fish and Wildlife via e-mail, or via telephone at (916) 928-7466. Brent George Associate Governmental Program Analyst California Department of Fish and Wildlife License and Revenue Branch (916) 928-7486 rom: Irene Borba - City Planner Sent: Friday, May 29, 2020 11:09 AM To: Noah Drever Subject: Re: Design Review Information ‘Marin Humane has no intent on seizing your bird as long 2s you have the proper permits for her. Thanks, Cindy Captain Cinay Machado, CAWA Director of Animal Services 415.506.6209 Direct 415.883.4621 Campus htlps:maleol.comwobmail-stlen-us/PrintMessage wrPxeaibiSe noahdrever = “SP” bcm BoathouseExibi C.Marin County Travel Alerts — (/covid-19-updates/) Home > ( LEARN THE ART OF FALCONRY AT TREK WINERY IN NOVATO Search Events: [Event Name or Keyword ]Date: Sunday, July 7, 2019 Time: 2:00 pm - 5:00 pm Phone: (415) 899-9883 Website (http//trekwines.com) ‘Trek Winery & West Coast Falconry present a beginner Falconry experience. Owner of West Coast Falconry and Master Falconer, Kate Marden, invites you to join her and her staff at Trek Winery in Novato. Winemaker and Owner of Trek Winery who is a general Falconer will give you a glimpse inside this incredible and ancient hunting tradition. This is the first of a series of Raptor experiences planned at Trek Winery for falconers and non-falconers alike, where you cn actually work hands-on with our birds of prey. Meet Owls, Falcons, Harris Hawks, and Red Tailed Hawks. event. Wine club members must sign up and non-wine club members are advised to purchase ticketsAdditional Location or Other Information Wine Club Members are Free. Non-Member Tickets: Adult, $30 includes one beverage, Youth $10. Snacks will be available. Trek Winery, 1026 Machin Ave, Novato CA 94945 United States «Previous: Next: Cheap Trick Concert at Marin County Fair (/event- Guin (/event-calendar/2019/july- calendar/2019/july-2019/cheap-trick-concert-at-marin-county- danseur-t) ae THE OFFICIAL TRAVEL RESOURCE FOR MARIN COUNTY, CALIFORNIA Online Reservations Book A Room Check-In & Checkout & Il Lodging * SEARCHExo 112020 Falconry a fulltime business at Redivood Landi Matin Independent Journal NEWS Falconry a full-time business at Redwood Landfill By BRAD BREITHAUPT | PUBLISHED: December 25, 2007 at 12:00 a.m, | UPDATED: July 19, 2018 at 8:32 am. ‘As Rosemarie wings her way in their direction, about five dozen gulls foraging through a pile of fresh trash realize their party is over. Rosemarie, a year-old Saker falcon, is stil about 50 yards away when the gulls scatter, leaving the trash heap at Redwood Landfill for a pond north of the Novato disposal site That's where they belong ~ natural habitat with the promise of a more healthful diet, said Jessica Jones, district manager at Redwood Landfill "We don't want them to feed off the garbage,” Jones said. "They can carry disease” Rosemarie and her handler, Indigo Redondo, are a gullfighting team hired by Redwood Landfill to keep seagulls moving, “if we can keep the gulls moving, then it's uncomfortable for them and they will go ‘somewhere else,” sald Redondo, a falconer who has chased birds from airports, other disposal sites and wineries. ‘Saker falcons, a species native to Asia, are slightly larger than gulls, “He makes sure they don’t have a place to rest,” Jones said of Redondo and his gull-scaring techniques. ‘The landfil’s gull population is far less than it was when Redondo started working at Redwood last year, she said. |ps:hvwwmarinj.com!2007/12125/alconny-2-fultime-business-atredwood:landfil! 1913/2020 Falconry a fulltime business at Redwood Landfill Marin Independent Journal He and his falcon haven't eliminated the pesky seabirds from the 450-acre landifil, but they have been successful at limiting their population, Jones said. "We are using an ancient art in a modem world,” said Redondo, as Rosemarie perches on his gloved hand, her head covered with a leather hood. ‘Once Redondo removes the hood and Rosemarie's tether, the bird takes off making a beeline for the gulls. Allit takes is a couple of flaps of her wings in their direction and the gulls take flight. “They just saw her. There they go," Redondo said, Although Rosemarie is not trained to kill the gulls, the birds aren't waiting around to find out. “Its a prey-predator relationship,” Redondo said, comparing the gulls’ reaction to someone at the beach deciding not to go swimming after being told that sharks are feeding offshore. Instinctively, the gulls hit the sky, hurrying to the Audubon pond about a half-mile away. Rosemarie circles back to Redondo and his supply of fresh quail meat. ‘The bird is more interested in defending her turf than having a gull for lunch, Redondo said, ‘She's taken this landfill as her own territory,” he said. “These are captivity-bred birds. They have never been out hunting or killing birds.” Redondo, who works for Vacaville-based Wingmaster Falconry Inc., admits gulls are wily foes. “Seagulls are very intelligent,” he said. "They have scouts," he said, pointing to a lone gull hovering over the site as Rosemarie is perched on the top of Redondo's car, Rosemarie is his main gull-scaring weapon. He also has a German wirehaired pointer named Tres Bon and a gun that shoots a screaming flare. Lately, he also flies a kite that looks like a giant wasp. ‘The dump used to rely on a cannon, but after a while, gulls ignored the blast. “if you use everything too much, they become numb to it," Redondo said. When it comes to falconry, Redondo has turned a 25-year hobby into a job. hips ew matin com/2007/12/26alconry-a-ul-time-business-atredwoodanill 20‘rsvacza Falconry a fulltime business at Redwood Landfil~ Marin Independent Journal He was an import worker for FedEx and he took the job of rousting gulls after he retired At Redwood, he works dawn to dusk, six days a week, nine months per year. He retumed to the job in September and found the gull population had boomed. Jones guesses gulls flocked to Redwood Landfill because two other Bay Area ‘dumps closed during the summer. “When we first started here in September, there were thousands of seagulls. We've made a big difference,” Redondo said. this home in Sacramento, Redondo, a state-certified falconer, has several falcons, some that he uses for hunting. He regards Rosemarie as a co-worker. He uses hand signals and a shepherd's whistle to communicate with the falcon, which sometimes flies off on wide-ranging excursions, circling Novato several miles south of the landfill, “I'm her caretaker. I'm not her owner,” Redondo said. Read more Novato stories at the lu's Novalo page. Brad Breithaupt hips:lwwsmearin},com/2007/12:26talconrya-fl-ime-business-at-redwoodslandilyExit1372020 Fwd: Keoping a Falcon inthe Gity of Bolvedere- Marin County hlps:imail aoLcomwebmalstslenus/PrintMessage WEibit TtState of California - The Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE (CHARLTON H. BONHAM, Director License and Revenue Branch 1740 N. Market Blvd Sacramento, CA 95834 http:tiwww.wildife.ca.gov April 27,2020 Mr. Noah Drever 2900 Paradise Drive Tiburon, CA 94920-1211 To Whom It May Concern, The purpose of this letter is to verify that Noah Emery Drever, date of birth 12/17/1983, currently holds a valid Master Falconry License in good standing with the California Department of Fish and Wildlife, (CDFW) License and Revenue Branch, in Sacramento, California. Mr. Drever's Master Falconry License with CDFW is Document ID Number 10026413945-4, and was issued at CDFW's License and Revenue Branch at 1740 North Market Blvd., Sacramento. CA, 95834 on 06/11/2019. Mr. Drever’s annual Master Falconry License will expire on 06/30/2020 before or at Which time he may choose to renew the license with CDFW either by mail or online. Mr. Drever is one of eight (8) active Falconry License holders in Marin County. Per the Migratory Bird Treaty Act (MBTA) the Master Level of a California Falconry License requires at least five (5) years’ experience housing, caring for, and hunting with birds of prey at the General Falconer Level. T hope this information is helpful to you. If you have any further questions or need further assistance, please feel free to contact me via e-mail me at the California Department of Fish and Wildlife. Brent George Associate Governmental Program Analyst California Department of Fish and Wildlife License and Revenue Branch (916) 928 -7466 Conserving California’s Wildlife Since 1870