City Doesn't Have to Clean Odorous La Jolla Rocks: Judge

The city will not be forced to clean up animal poop from the La Jolla Cove

A judge will not force the city of San Diego to clean up sea lion and bird excrement that has fouled the rocks and caused a caustic smell at the La Jolla Cove.

A coalition of business owners and residents around the cove, who call themselves Citizens for Odor Nuisance Abatement (CONA), filed a lawsuit against the city, alleging that former interim Mayor Todd Gloria allowed the sea lion and bird poop to build up on the rocky shoreline and cliffs and thus has a responsibility to clean the area.

But Superior Court Judge Timothy Taylor dismissed that lawsuit, finding that the city “does not have a duty to control the alleged nuisance caused by wild animals” and can’t be held responsible for any harm they do.

Norm Blumenthal, attorney for the cove business owners, strongly disagreed with Taylor’s decision and said his clients will appeal the ruling.

However, Blumenthal told NBC 7 his clients are also open to a compromise that will avoid more litigation.

“The compromise is scoop the poop,” Blumenthal said. “That’s what we told [the city]. Get a guy out with a shovel and scoop the poop. End the smell.”

At least one visitor at the cove agreed with that suggestion. Mission Hills resident Jackie McCannon said she doesn’t want the sea lions or birds forced from the area, but thinks a low-impact cleanup is a good idea.

“I have very little control in where my tax money goes,” McCannon said, “But if it was designated that some of my tax money went to clean up, and the seals were allowed to stay there, I’d be for it.”

The City Attorney’s office said the sea lion and bird odors are “part of the risk-benefit of being situated near a marine environment and the City could not be held liable for the actions of wild animals. Sea lions are proliferating throughout California, and that is neither the fault nor the responsibility of San Diego. The City can address the pooping habits of wild animals as a policy matter, but it cannot be compelled to do so by the courts.”

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