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HomeMy WebLinkAboutOrdinance 1230 Chapter 11.01.120 Management of City Dog Parks* Passed Ord. No. 1230 to second reading, as amended to reflect a definition of "small animal." 5-0 CITY OF PALM DES PUBLIC WORKS DEP wism0i0, .I �v STAFF REPORT REQUEST: CONSIDERATION FOR APPROVAL OF AMENDMENTS TO CHAPTER 11.01.120 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE MANAGEMENT OF CITY DOG PARKS SUBMITTED BY: Mark Greenwood, Director of Public Works DATE: December 8, 2011 CONTENTS: Ordinance Parks and Recreation Commission Minutes Dated October 4, 2011 Recommendation That the City Council waive further reading and pass Ordinance No. 1230 to second reading, approving amendments to Chapter 11.01.120 (Parks, Duty to care for animals) of the municipal code. Executive Summary Approval of staffs' recommendation would codify several amendments to Chapter 11.01.120 (Parks, Duty to care for animals) of the Palm Desert Municipal Code relating to the management the City's dog parks. The proposed changes will allow staff to enforce the most common complaints heard by users of the dog parks. Animal Control, Code Enforcement, or the Sheriff's Department can enforce the ordinance. Parks and Recreation Commission Recommendation The Commission initially discussed potential code amendments at its July 19, 2011, meeting after The Desert Sun reported on what another jurisdiction had created for their dog parks. The Commission agreed that creating an onerous listing of rules was not what they wanted to do. The Commission directed staff to look into what kind of rules would help staff manage the dog parks more effectively. At the regular Parks and Recreation Commission meeting of October 4, 2011, staff presented a realistic set of rules that the City has the resources to enforce. The Commission agreed that the proposed rules were very reasonable. Staff also stated that a dog park users meeting would be held to provide a forum where staff could communicate the proposed changes to the ordinance. The Commission approved the proposed ordinance amendments and thanked staff for reaching out to the dog park users. Staff Report Dog Park Ordinance Amendments December 8, 2011 Page 2 of 3 Discussion Proposed Amendments (shown in bold and italicized): 11.01.120 Duty to care for animals. A. Dogs or cats must be led by a cord or chain not more than six feet long or properly confined within the interior of a vehicle, except: 1. When dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements; 2. When dogs are within the boundaries of any City Dog Park and not posing a threat to other animals, persons or property; 3. Small pets which are kept on the person of the possessor at all times; 4. In connection with activities authorized in writing by the director, including fowl or other animals turned loose at the direction of the director; 5. Homme-Adams Park is designated as an "under immediate voice control" facility. Leashes are required on the Homestead Trail and Gabby Hayes Trail which emanate from Homme-Adams Park and Cahuilla Hills Park, respectively; 6. Dogs are prohibited on all trails and areas in the Santa Rosa Mountains except the Homestead Trail, Gabby Hayes Trail, and segment of the Hopalong Cassidy Trail connecting these two trails. This prohibition does not apply to service animals accompanying persons with a disability. B. It is the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat or an equine animal in a city park or other recreation area of the city to promptly collect, pick up and remove all fecal matter left behind by said animal in or upon the park or other recreation area of the city; but this section shall not apply to guide dogs for blind or disabled persons. (Ord. 1214 § 1, 2010; Ord. 1064 § 1 (part), 2004; Ord. 751 § 1 (part), 1994: Ord. 750 § 1 (part), 1994) C. While dogs are within the boundaries of City Dog Parks: 1. Dogs must never be left unattended. 2. Unruly dogs are not allowed and are subject to ejection per section 11.01.050(A) of Palm Desert Municipal Code. Staff Report Dog Park Ordinance Amendments December 8, 2011 Page 3 of 3 3. Owners must stop their dogs from digging. Any holes created must be filled by the owners. 4. All dogs must have current vaccinations and current Dog License. Summary of Dog Park Users Meeting A meeting notice was posted at all dog parks announcing that a meeting would be held at City Hall on October 11, 2011, at 5:30 p.m. Approximately 12-15 people attended and staff presented the potential amendments to the municipal code. Several attendees asked how enforcement would be handled and about potential signage. After discussion with staff, all of the attendees supported the potential amendments. Fiscal Analysis The proposed amendments do not create additional fiscal impact to the City. Prepared Ryan Stendell Senior Man ment Analyst )/I David Erwin ity Attorney ` omits -• S i M. Wohlmuth Manager Depa Mark Gfewood " I Director o Public Works ORDINANCE NO. 1230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 11.01.120 (PARKS, DUTY TO CARE FOR ANIMALS) OF THE PALM DESERT MUNICIPAL CODE RELATING TO DOG PARKS. THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 11.01.120 of the City of Palm Desert, California, Municipal Code be and the same shall be amended as shown on Exhibit "A". Section 2. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Desert Sun, a newspaper of general circulation, printed and published in the County of Riverside and circulated within the City of Palm Desert, and the same shall be in force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held this 8th day of December, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ORDINANCE NO. 1230 EXHIBIT "A" 11.01.120 Duty to care for animals. A. Dogs or cats must be led by a cord or chain not more than six feet long or properly confined within the interior of a vehicle, except: I . When dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements; 2. When dogs are within the boundaries of Pions any City Dog Park and not posing a threat to other animals, persons or property; 3. Small pets which are kept on the person of the possessor at all times; 4. In connection with activities authorized in writing by the director, including fowl or other animals turned loose at the direction of the director; 5. Homme-Adams Park is designated as an "under immediate voice control" facility. Leashes are required on the Homestead Trail and Gabby Hayes Trail which emanate from Homme-Adams Park and Cahuilla Hills Park, respectively; 6. Dogs are prohibited on all trails and areas in the Santa Rosa Mountains except the Homestead Trail, Gabby Hayes Trail, and segment of the Hopalong Cassidy Trail connecting these two trails. This prohibition does not apply to service animals accompanying persons with a disability. B. It is the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat or an equine animal in a city park or other recreation area of the city to promptly collect, pick up and remove all fecal matter left behind by said animal in or upon the park or other recreation area of the city; but this section shall not apply to guide dogs for blind or disabled persons. (Ord. 1214 § 1, 2010; Ord. 1064 § 1 (part), 2004; Ord. 751 § 1 (part), 1994: Ord. 750 § 1 (part), 1994) C. While dogs are within the boundaries of City Dog Parks: 1. Dogs must never be left unattended. 2. Unruly dogs are not allowed and are subject to ejection per section 11.01.050(A) of Palm Desert Municipal Code. 3. Owners must stop their dogs from digging. Any holes created must be filled by the owners. 4. All dogs must have current vaccinations and current Dog License. V. CONTINUED BUSINESS A. RULES AND ENFORCEMENT FOR THE DOG PARKS Mr. Stendell presented the proposed revisions to Chapter 11.01.120 (Parks, Duty to Care for Animals) of the Palm Desert Municipal Code. The additional rules are meant to address the most essential concerns regarding the dog parks. A key example is Item 3, Section C, which reads "Owners must stop their dogs from digging. Any holes created must be filled by the owners". Mr. Stendell stated that this has been a very controversial subject between users and City staff. Therefore, adding this statement to the Municipal Code could make it a great management tool. He clarified that residents from other cities and/or snowbirds would still be allowed to use the parks as long as they posses a current pet license. Enforcement will continue to be addressed in the same manner: the Ambassadors would be the first contact and, when necessary, the Code Enforcement officers will be in charge of issuing citations. When presented with the option of appointing an unofficial Park Ambassador, the Commission was reminded that the City had previously incorporated an unofficial dog park liaison, but it did not have a successful outcome. Mr. Stendell stated that a Dog Park Users Group Meeting is scheduled for October 11, 2011, at 5:30 p.m. in the Administrative Conference Room. The revisions will be presented at meeting, with the intent to bring City staff and the dog park users to an agreement. Following City Council's approval, the new rules will be posted in all the dog parks. Commissioner Kelly stated that, although there is the occasional person that disobeys the rules, to her understanding most dog park users respect the rules and each other; therefore, she asked for a motion to accept the revisions as presented. Upon a motion from Commissioner Kelly, second by Commissioner Housken and a 9-0 vote of the Commission, a recommendation to approve the addition of the new dog parks to the Palm Desert Municipal Code was given to City Council.