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HomeMy WebLinkAbout07. Adopt Ordinance - Rules for Dog Park Area AGENDA MEMO DATE: August 10, 2010 TO: Mayor and Members of the City Council FROM: Office of the City Manager Desi Alvarez, Deputy City Manager SUBJECT: ADOPT ORDINANCE AND RULES FOR A DOG PARK AREA RECOMMENDATION That the Mayor and City Council adopt: AN ORDINANCE OF THE CITY OF DOWNEY AMENDING SECTIONS 4230 AND 10110, AND ADOPTING A NEW CHAPTER 3 IN ARTICLE X, ENTITLED DOG PARK AREAS, OF THE DOWNEY MUNICIPAL CODE TO PERMIT DOGS TO RUN OFF-LEASH IN CERTAIN PARK AREAS DESIGNATED BY THE CITY BACKGROUND On July 27, 2010, the Council introduced an ordinance amending Sections 4230 and 10110 of the Downey Municipal Code and adding a new Chapter 3 to Article X (Parks, Playgrounds and Recreation) which establishes specific rules for a Dog Park Area. DISCUSSION The proposed ordinance includes revisions to two sections of the Code that will allow dogs to be present in public parks when secured by a strong six-foot leash and will allow an off-leash exception for dogs inside of a Dog Park Area. A new Chapter 3 has been added to Article X (Parks, Playgrounds and Recreation) which establishes the rules for use of a Dog Park Area. It contains requirements for licensing and rabies vaccination, and it also requires a vaccination for Parvo. Though a vaccination for Parvo is not required for licensing or under the State of California, Parvo is a particularly contagious canine disease that, because it is difficult to detect, is usually deadly for unvaccinated dogs. The proposed ordinance does not change the naming convention in the Downey Municipal Code, which refers to the Director of Parks and Recreation, though for day-to- day operations, this position is called the Director of Community Service. Should concerns or complaints arise, the Director of Community Services and the Code Enforcement Division, in consultation with SEACCA, shall coordinate efforts to address the situation. Attachment: Ordinance CITY OF DOWNEY, CALIFORNIA ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF DOWNEY AMENDING SECTIONS 4230 AND 10110, AND ADOPTING A NEW CHAPTER 3 IN ARTICLE X, ENTITLED DOG PARK AREAS, OF THE DOWNEY MUNICIPAL CODE TO PERMIT DOGS TO RUN OFF- LEASH IN CERTAIN PARK AREAS DESIGNATED BY THE CITY WHEREAS , the Downey Municipal Code (“DMC”) currently does not allow any person in control, custody, or possession of a dog to permit that dog to be off-leash in public areas of the City of Downey (“City”), including public parks; WHEREAS , the City finds that authorizing and regulating the parameters of off- leash activities of dogs and their responsible persons is in the best interests of the health, safety, and general welfare of the residents of Downey; WHEREAS , the City now seeks to establish certain designated areas within City parks and separate park areas where dogs are permitted to run off-leash; WHEREAS , Section 4230, Part 6, Chapter 2, of Article IV of the DMC must be amended to allow dogs to be off-leash in certain defined areas of the City as set forth in the DMC; WHEREAS , Section 10110, Chapter 1, Article X of the DMC must be amended to permit dogs to be present in City parks when directly en route to and from a Dog Park Area; and WHEREAS , the City hereby establishes and creates Chapter 3 of Article X, with the intent to authorize and regulate the parameters of lawful off-leash activities for dogs and their responsible persons, and to authorize the Director of Parks and Recreation to provide for the creation of additional regulations pertaining to the same. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby amends Section 4230 of the Downey Municipal Code to read as follows: “No person owning, having an interest in, harboring, or having charge, care, control, custody or possession of any dog shall cause or permit such dog to be off the premises of its owner, unless such dog is securely confined by a strong leash not exceeding six (6) feet in total length, securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog, or unless such dog be confined within an enclosed vehicle. This section shall not apply to any dog being used for law enforcement purposes by any governmental agency, or pursuant to a permit issued by the City, or to any dog present within a Dog Park Area designated and established by a formal action of the City Council of the City of Downey.” SECTION 2. The City Council hereby amends Section 10110, Chapter 1, of Article X of the Downey Municipal Code to read as follows: “No Responsible Person shall bring into a park any cattle, horse, mule, sheep, swine, cat, or other animal of any kind unless pursuant to a lawful permit issued by the Director. Ordinance No. ____ Page 2 This section shall not apply to any dog, provided that the dog is restrained by a strong leash not exceeding six (6) feet in total length, until located within the Dog Park Area.” SECTION 3. The City Council hereby establishes Chapter 3 of Article X of the Downey Municipal Code to read as follows: “Chapter 3 – DOG PARKS SECTION 10300 - DEFINITIONS (a) For the purpose of this chapter, certain words and terms are defined and shall be construed as herein set forth unless otherwise expressly stated or the context clearly indicates a different intention. (b) For the purposes of this section, the following words and phrases shall have the specific meanings set forth herewith: (1) “Responsible Person” shall mean any person who owns, has a proprietary or possessory interest in, harbors or has the care, charge, control, custody or possession of any animal specified in Section 10110 of Chapter 1, Article X. (2) “Dog Park Area” shall mean any fenced area or other enclosed area of a City park designated by the City, as an area where dogs may be off of a leash. SECTION 10301 – DOGS PERMITTED Section 10110 of Chapter 1, Article X shall not apply to any dog located within a Dog Park Area. SECTION 10302 – DOG PARK REGULATIONS (a) Notwithstanding any other provision of this Code, and in addition to any other regulations that may be adopted by the Director of Parks and Recreation or the City Council, the following regulations and limitations shall apply in all Dog Park Areas: (1) No Responsible Person shall have more than two (2) dogs at once in a Dog Park Area. (2) It shall be unlawful for any Responsible Person in a Dog Park Area not to immediately pick up and properly dispose of the feces of the dog(s) for which they are responsible. Proper disposal shall include the placement of such feces in a bag or other container and its disposal in a waste container. (3) Minors fourteen (14) years of age and younger must be accompanied and supervised by an adult at least eighteen (18) years of age while in a designated Dog Park Area, and such children are not permitted to run, shout, scream, wave their arms, or otherwise excite or antagonize dogs in a designated Dog Park Area. Ordinance No. ____ Page 3 (4) No dogs are permitted in a designated Dog Park Area except during posted hours of operation. (5) All Responsible Persons shall, at all times, take all reasonable precautions to prevent their dog(s) from biting, attacking or attempting to bite or attack any person or dog. A responsible person shall immediately remove his or her dog from the Dog Park Area if it bites, attacks or attempts to bite or attack any person or dog. A Responsible Person whose dog is bitten or attacked shall immediately remove his or her dog from the Dog Park Area. (6) Any dog over the age of four (4) months must be vaccinated for Rabies and Parvo and legally licensed prior to use of the any Dog Park Area. Dogs under the age of four (4) months are prohibited from any Dog Park Area pursuant to section 121690 of the Health and Safety Code. The owner or other persons having charge, care, custody or control, including but not limited to the Responsible Person, of a dog in a Dog Park Area must be able to produce upon request by proper authorities, vaccination records for the dog (7) No person shall place or allow to be placed a dog that is sick or in heat in a designated Dog Park Area. (8) No person shall place an aggressive dog, of any breed, in a designated Dog Park Area even if such dog is on a leash. (9) Spiked, pinch and shock collars are not allowed. (10) All Responsible Persons using a Dog Park Area must have a leash in their possession or reasonably accessible at all times for each of their dog(s) in the Dog Park Area, which shall be worn by the dog(s) at all times the dog(s) is(are) not in the designated Dog Park Area. All Responsible Persons shall maintain control over their dog(s) at all times whether leashed or unleashed. (11) No person shall bring any animal other than a dog to a Dog Park Area unless otherwise specifically authorized by the Director of Parks and Recreation. (12) Use of any Dog Park Area by a Responsible Person and his or her dog(s) shall constitute implied consent of the Responsible Person to all of the conditions set forth in this section, a waiver of liability benefiting the City of Downey, and an agreement and undertaking to protect, indemnify, defend and hold the City of Downey harmless for any and all injury or damage caused by a Responsible Person's dog during any time that the dog is in the Dog Park Area. (A) The provisions of this Chapter shall be enforceable by any police officer, animal control officer, park employee, or other code enforcement officer of the City or the Southeast Area Animal Control Authority. Ordinance No. ____ Page 4 (B) Any dog which has been repeatedly aggressive or attempted to attack or bite another dog or a person, or whose Responsible Person fails on more than two (2) occasions to abide by the reasonable rules and regulations applicable to the Dog Park Area may be barred from further use of the Dog Park Area by notice and order of the City, in its discretion.” SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days from and after its adoption. SECTION 5 . The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this day of ____ day of August, 2010. _________________________________ ANNE M. BAYER, Mayor ATTEST: _________________________________ Kathleen L. Midstokke, City Clerk APPROVED AS TO FORM: _________________________________ City Attorney Ordinance No. ____ Page 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. _____ was adopted at an adjourned regular meeting of the City Council of the City of Downey held on the _____ day of August, 2010, by the following vote, to wit: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. ________ was published in the _____________________, a newspaper of general circulation in the City of Downey, on _____________ (after adoption and vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. _____________________________ Kathleen L. Midstokke, City Clerk