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HomeMy WebLinkAboutOrdinance 1230 - Duty to Care for Animals - Dog ParkORDINANCE 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 day of January, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: ROBERT A. SPIEGEL, MAYOR CITY COUNCIL AMON APPROVED DENIED RECEIVED OTHER � RACHELLE D. KLASSEN, CITY CLERK MEETI G AIT CITY OF PALM DESERT, CALIFORNIA AYES: �lnl NOES: ABSENTS ���� ABSTAIN: L.ti.L1Lf5 VERIFIED BY: Origins! on File withaokleries Office 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: 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 Pion any City Dog Park and not posing a threat to other animals, persons or property; 3. In connection with activities authorized in writing by the director, including fowl or other animals turned loose at the direction of the director; 4. 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; 5. 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. 2 * Passed Ord. No. 1230 to second reading, as amended to reflect a definition of "small animal." 5-0 MEETING DA7t--%�-- 6T ✓ 61 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: 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; 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.