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HomeMy WebLinkAbout2025-03-18; City Council; 12; Leashed and Unleashed Dogs in the City and Where Enforcement OccursCA Review MK Meeting Date: March 18, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Kyle Lancaster, Parks & Recreation Director kyle.lancaster@carlsbadca.gov, 442-339-2941 Subject: Leashed and Unleashed Dogs in the City and Where Enforcement Occurs Districts: All Recommended Actions Receive an informational report on leashed and unleashed dogs in the city and where enforcement occurs and provide any desired direction to staff. Executive Summary At the conclusion of the City Council meeting on Nov. 19, 2024, the City Council approved a motion directing the City Manager to return to the City Council on a future agenda with a discussion item related to leashed and unleashed dogs in the city and where enforcement occurs. Staff compiled information about the regulations pertaining to leashed and unleashed dogs in the city, particularly at publicly accessible parks and beaches, and the enforcement of those regulations. Staff also researched information on how surrounding cities regulate dogs at public places. That effort showed: •Dog walking in city parks has been prohibited in Carlsbad for over 50 years. •Carlsbad is the only city in the region that does not allow leashed dogs in a city park. (Coronado and Escondido do not allow dogs in some city parks, and Santee, La Mesa and Del Mar don’t allow dogs in certain areas of some city parks.) Staff are now presenting the information for the City Council’s consideration as the City Council directed. Explanation & Analysis Background •Staff sent the City Council a memorandum titled Dogs in Parks – History of Prohibition and Study of Allowance on March 17, 2022 (Exhibit 1), after the city received several comments from community members recommending the city remove its prohibition on dogs in city parks (aside from dog park areas.) The City Council did not provide staff any direction on the matter in response to the memorandum. March 18, 2025 Item #12 Page 1 of 23 • Staff also presented a report on this topic to the Parks & Recreation Commission on March 21, 2022 (Exhibit 2), which included the City Council memorandum as an exhibit. The Parks & Recreation Commission discussed the matter but did not make a recommendation for any changes. Community concerns Since that time, patrons of publicly accessible parks and beaches in the city have periodically expressed the following concerns about dogs: • The presence of dogs, either leashed or unleashed, at publicly accessible parks and beaches, despite the regulations generally prohibiting such a presence in the city. • Not being allowed to walk their leashed dogs at publicly accessible parks and beaches, due to the regulations. • There aren’t enough off-leash dog parks in the city, and the off-leash dog parks that exist aren’t large enough. • Dog owners failing to pick up after their dogs. Regulations The San Diego County Code and the Carlsbad Municipal Code both contain regulations related to leashed and unleashed dogs at publicly accessible parks and beaches in the city. Where both codes address a topic, the more restrictive of the regulations typically prevails. Applicable regulations - San Diego County Code The City of Carlsbad adopted by reference1 the San Diego County Code relating to animal control in Carlsbad Municipal Code Chapter 7.08, Rabies, Animal Control and Regulations (Exhibit 3). The requirements for dog owners to leash their dogs and to pick up after their dogs is found in San Diego County Code Title 6, Health and Sanitation (Exhibit 3). Under Section 62.669, a dog owner and/or custodian shall prevent a dog from being at large. Exceptions to this regulation on public property include dogs: • Under direct and effective voice control of a dog owner/custodian while a dog is assisting with legal hunting or livestock herding, or on public property with the written permission of and for purposes authorized by the agency regulating the property • Assisting a law enforcement officer in the course of the officer’s duties Under Section 62.670, a dog owner/custodian shall not allow a dog to defecate or urinate on a property other than the property belonging to the dog owner/custodian. If, however, a dog defecates on the property of another person, the dog owner/custodian must remove the feces. Applicable regulations - Carlsbad Municipal Code Regulations on parks and beaches in the City of Carlsbad are set forth in Carlsbad Municipal Code Chapter 11.32 – Parks and Beaches (Exhibit 3). Under Section 11.32.010, parks include all dedicated parks, parks established by others’ use as if owned by them, planted areas open to the general public, parks on leased property, trails open to the general public, planted parkways, triangles and traffic circles. 1 Adopted by reference means the county code section is incorporated into the text of the city’s Municipal Code with a statement that it should be treated just as if it was contained within the city’s code. March 18, 2025 Item #12 Page 2 of 23 Section 11.32.020 states that beaches include all beach areas bordering the ocean. The general prohibition on leashed and unleashed dogs at publicly accessible parks and beaches in the city is also found in Carlsbad Municipal Code Chapter 11.32 (Exhibit 3). Under Section 11.32.030(11), dogs are not allowed in Carlsbad parks or on Carlsbad beaches. Exceptions to this regulation include dogs: • At Batiquitos Lagoon, Buena Vista Lagoon and Agua Hedionda Lagoon • Accompanying unsighted person, or other person with medical necessity • Assisting a law enforcement officer in the course of the officer’s duties • At a dog park or other area designated for dog use by the City Council • Participating in shows or obedience classes authorized by the city Citywide trails were formally designated for use by leashed dogs, under the control of a dog owner/custodian, by the City Council through adoption of the Carlsbad Trails Master Plan in 2019 (Resolution No. 2019-150). That allowance applies to the upper seawall walkway as a trail, but not to the lower seawall walkway. Although not classified as citywide trails, citywide public sidewalks are also available for leashed dog use, when the dogs are under the control of an owner/custodian. Section 11.32.030 limits use of the walkway at the base of the bluff adjacent to Carlsbad State Beach between Tamarack and Pine avenues to pedestrians only. The city has posted signs noting the general prohibition of dogs at the main drive aisle and pedestrian entrances of the city’s parks, citing the applicable Municipal Code sections. The city receives an estimated 100 plus complaints each year from members of the public expressing concerns related to dogs being in city parks and beaches, despite the regulations generally prohibiting such a presence. Enforcement of the applicable regulations The San Diego Humane Society and the Carlsbad Police Department are responsible for the enforcement of the applicable regulations concerning leashed and unleashed dogs at publicly accessible parks and beaches in the City of Carlsbad in response to complaints and when they see violators. The San Diego Humane Society manages most animal-related calls in the city, including biting incidents, while the Carlsbad Police Department is tasked with enforcing the general prohibition of leashed and unleashed dogs at parks and beaches in the city. The Police Department’s two park rangers are primarily responsible for patrolling the city’s parks and beaches. The Police Department’s patrol officers may, in addition to responding to calls for service regarding dogs, proactively enforce the general prohibition of leashed and unleashed dogs at city parks and beaches, when not attending to other calls. If the Municipal Code is amended to broadly permit leashed dogs at publicly accessible parks and beaches in the city, the Police Department will be responsible for enforcing the regulations. The broad permitting of leashed dogs at publicly accessible parks and beaches in the city may result in an increase in the Police Department’s calls for service due to a heightened potential for conflicts involving dogs or violations of off-leash regulations. However, the department does not anticipate a significant impact on its operations with such increased calls for service. March 18, 2025 Item #12 Page 3 of 23 Given that leashed and unleashed dogs have generally been prohibited at the city’s parks and beaches, it’s difficult to predict whether there would be an increase in bite incidents or corresponding impacts to the Humane Society’s operations should the applicable regulations be amended. Regulations in other cities in region Staff researched the regulations for leashed and unleashed dogs at publicly accessible parks and beaches of the other 17 cities within the County of San Diego. Each of these cities: • Offer one or more designated unleashed dog areas at publicly accessible parks or beaches • Allow leashed dogs on city trails • Permit leashed dogs at all publicly accessible parks (with the exception of Coronado and Escondido) Some cities, such as Santee, La Mesa and Del Mar, prohibit dogs in certain areas of some parks, such as at playgrounds and athletic fields. A few cities also permit leashed dogs at certain publicly accessible beaches. (The City of Carlsbad does not own or control most of the publicly accessible beaches within its city limits. It only controls the North Beach area, from Oak Avenue to the Oceanside border, with the State of California Parks & Recreation Department controlling the rest. This creates a barrier to consistent local regulations and enforcement.) None of the cities’ representatives who responded to staff’s inquiries indicated that claims had been paid or that litigation had been initiated regarding dog incidents in publicly accessible parks and beaches. Staff did not, however, receive responses from a few of the cities surveyed. Fiscal Analysis There is no direct fiscal impact from receiving this informational report. The attached memorandum provides some estimates of the cost of allowing leashed dogs in city parks only (i.e., not beaches), but the figures are now three years old and would require significant adjustment for inflation. Should the City Council direct staff to return with amendments to the applicable regulations concerning dogs at publicly accessible parks and beaches in the city, staff would include any updated fiscal impact information as a part of that report. Next Steps The San Diego Humane Society and the Carlsbad Police Department will continue to enforce the applicable regulations concerning dogs at publicly accessible parks and beaches in the city unless other direction is received from the City Council. Environmental Evaluation The proposed action is not a “project” as defined by the California Environmental Quality Act Section 21065 and CEQA Guidelines Section 15378(b)(5) and does not require environmental review under CEQA Guidelines Section 15060(c)(3) and 15061(b)(3), because the proposed action to report on leashed and unleashed dogs in the city and where enforcement occurs is an organizational or administrative government activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Any subsequent action or direction stemming from the proposed action may require preparation of an environmental document in accordance with CEQA or the CEQA Guidelines. March 18, 2025 Item #12 Page 4 of 23 Exhibits 1. March 17, 2022, memorandum to the City Council (on file in the office of the City Clerk) 2. March 21, 2022, Parks & Recreation Commission staff report, without exhibit 3. Leashed and unleashed dogs in Carlsbad – regulations cited in staff report March 18, 2025 Item #12 Page 5 of 23 Exhibit 1 Memorandum to the City Council dated March 17, 2022 (on file in the Office of the City Clerk) March 18, 2025 Item #12 Page 6 of 23 Meeting Date: March 21, 2022 To: Parks & Recreation Commission From: Kyle Lancaster, Parks & Recreation Director Mick Calarco, Special Projects Manager Staff Contact: Mick Calarco, Special Projects Manager mick.calarco@carlsbadca.gov Subject: Dogs in Parks – History of Prohibition and Study of Allowance Recommended Action Receive an informational report on dogs in city parks, specifically on the history of the present prohibition and a brief study of the potential allowance Executive Summary Recently, several members of the public submitted comments to the Parks & Recreation Commission and/or the City Council regarding the present prohibition of dogs in city parks. The comments have been commonly submitted after the individuals received a warning from a Police Department Park Ranger or Officer regarding a lack of adherence to the prohibition. Some of those individuals indicated they were not aware of the prohibition of dogs in city parks and suggested that it be repealed or amended. As a standard, regulatory signs are posted at the vehicular entries and major pedestrian accesses of each city park. These regulatory signs include the prohibition of dogs in city parks, and reference the applicable Carlsbad Municipal Code section. Staff estimates it currently receives over 100 contacts a year from members of the public expressing concerns related to dogs in city parks. These concerns are routinely responded to by the Police Department, which is charged with the enforcement of the prohibition of dogs in city parks. On Jan. 24, 2022, in response to a comment received from the public, the Parks & Recreation Commission requested that staff bring forward a future agenda item on the history of the existing prohibition and a study on the potential allowance of dogs in city parks. The City Manager subsequently directed staff to also prepare a City Council Memorandum on this item (Exhibit 1). The memorandum was distributed to the City Council on March 17, 2022, and contains the balance of the information requested by the Commission. 1 of 2 Exhibit 2 March 18, 2025 Item #12 Page 7 of 23 Next Steps Staff will continue to enforce the current Carlsbad Municipal Code prohibition of dogs in city parks, unless other direction is received from the City Council. Exhibits 1.City Council Memorandum – Dogs in Parks, dated March 17, 2022 2 of 2March 18, 2025 Item #12 Page 8 of 23 Do g s i n P a r k s Hi s t o r y o f P r o h i b i t i o n a n d S t u d y o f A l l o w a n c e Ky l e L a n c a s t e r , P a r k s & R e c r e a t i o n Di r e c t o r Mi c k C a l a r c o , S p e c i a l P r o j e c t s M a n a g e r Pa r k s & R e c r e a t i o n Ma r c h 2 1 , 2 0 2 2 March 18, 2025 Item #12 Page 9 of 23 RE C O M M E N D E D A C T I O N Re c e i v e a n i n f o r m a t i o n a l r e p o r t o n d o g s i n c i t y pa r k s , s p e c i f i c a l l y o n t h e h i s t o r y o f t h e p r e s e n t pr o h i b i t i o n a n d a b r i e f s t u d y o f t h e p o t e n t i a l al l o w a n c e AG E N D A I T E M N O . 2 - DO G S I N PA R K S March 18, 2025 Item #12 Page 10 of 23 TO D A Y ’ S I N F O R M A T I O N A L R E P O R T • Ba c k g r o u n d • Hi s t o r y o f p r o h i b i t i o n • St u d y o f p o t e n t i a l a l l o w a n c e • Ot h e r c i t i e s i n r e g i o n & d o g s • Ne x t s t e p s AG E N D A I T E M N O . 2 - DO G S I N PA R K S March 18, 2025 Item #12 Page 11 of 23 BA C K G R O U N D • Re c e n t p u b l i c i n p u t r e c e i v e d o n d o g s p r o h i b i t i o n • Pa r k s r e g u l a t o r y s i g n s a n d e n f o r c e m e n t t a s k s • An n u a l p u b l i c c o n t a c t s r e c e i v e d o n d o g s i n p a r k s • P& R C o m m i s s i o n ’ s r e q u e s t f o r i n f o r m a t i o n • Co u n c i l m e m o r a n d u m d i s t r i b u t e d o n M a r c h 1 7 AG E N D A I T E M N O . 2 - DO G S I N PA R K S March 18, 2025 Item #12 Page 12 of 23 HI S T O R Y O F T H E P R O H I B I T I O N • Pr e s e n t m u n i c i p a l c o d e s e c t i o n 1 1 . 3 2 . 0 3 0 (1 1 ) U n l a w f u l A c t s , “ . . . D o g s a r e n o t a l l o w e d in C a r l s b a d ’ s p a r k s o r o n C a r l s b a d ’ s Be a c h e s … ”  Ex c e p t i o n s m a d e f o r s e r v i c e a n i m a l s , l a w en f o r c e m e n t , a u t h o r i z e d a c t i v i t i e s a n d de s i g n a t e d d o g p a r k s AG E N D A I T E M N O . 2 - DO G S I N PA R K S March 18, 2025 Item #12 Page 13 of 23 HI S T O R Y O F T H E P R O H I B I T I O N • Do g s i n p a r k s p r o h i b i t i o n d a t e s b a c k t o 1 9 7 2 • Ci t y C o u n c i l r e s o l v e d o r d i n a n c e c o n f l i c t ( 1 9 8 1 ) • Do g s p r o h i b i t e d i n c i t y p a r k s a n d o n b e a c h e s (1 9 8 9 ) • Fi r s t d o g p a r k e s t a b l i s h e d at La r w i n Pa r k (2 0 0 0 ) AG E N D A I T E M N O . 2 - DO G S I N PA R K S March 18, 2025 Item #12 Page 14 of 23 HI S T O R Y O F T H E P R O H I B I T I O N • Se c o n d d o g p a r k a t A l g a N o r t e P a r k ( 2 0 1 3 ) • Th i r d d o g p a r k s o o n t o b e a t P o i n s e t t i a P a r k (2 0 2 2 ) • Fo u r t h d o g p a r k u n d e r d e s i g n a t V i l l a g e H S o u t h • Le a s h e d d o g s p e r m i t t e d a l o n g c i t y t r a i l s , in c l u d i n g u p p e r s e a w a l l p a t h w a y s AG E N D A I T E M N O . 2 - DO G S I N PA R K S March 18, 2025 Item #12 Page 15 of 23 ST U D Y O F P O T E N T I A L AL L O W A N C E • Am e n d i n g t h e C a r l s b a d M u n i c i p a l C o d e • In c r e a s e d l i a b i l i t y e x p o s u r e f o r t h e c i t y • In i t i a l c o s t s : s i g n r e p l a c e m e n t , d o g w a s t e st a t i o n s • In c r e a s e d p a r k s m a i n t e n a n c e c o s t s : s t o c k i n g ba g s , w a s t e r e m o v a l , p o w e r w a s h i n g , l a n d s c a p e re p a i r AG E N D A I T E M N O . 2 - DO G S I N PA R K S March 18, 2025 Item #12 Page 16 of 23 • Es t i m a t e d o n e -ti m e c o s t s : $ 5 0 , 0 0 0 • Es t i m a t e d o n g o i n g a n n u a l c o s t s : $ 2 5 0 , 0 0 0  No t a c c o u n t e d f o r i n p a r k s m a i n t e n a n c e b u d g e t  De t a i l e d e s t i m a t e p r e p a r e d o n C o u n c i l di r e c t i o n AG E N D A I T E M N O . 2 - DO G S I N PA R K S ST U D Y O F P O T E N T I A L AL L O W A N C E March 18, 2025 Item #12 Page 17 of 23 OT H E R C I T I E S I N R E G I O N & D O G S • Ea c h c i t y , e x c e p t C o r o n a d o , p r o v i d e s a de s i g n a t e d o f f l e a s h a r e a i n p a r k s • Ea c h c i t y a l l o w s l e a s h e d d o g s i n p a r k s , w i t h ce r t a i n e x c e p t i o n s i n C o r o n a d o a n d Es c o n d i d o • Ea c h c i t y a l l o w s l e a s h e d d o g s o n c i t y t r a i l s AG E N D A I T E M N O . 2 - DO G S I N PA R K S March 18, 2025 Item #12 Page 18 of 23 NE X T S T E P S • Co n t i n u e t o e n f o r c e c u r r e n t C a r l s b a d Mu n i c i p a l C o d e p r o h i b i t i o n o f d o g s i n c i t y pa r k s , u n l e s s o t h e r d i r e c t i o n i s r e c e i v e d f r o m th e C i t y C o u n c i l AG E N D A I T E M N O . 2 - DO G S I N PA R K S March 18, 2025 Item #12 Page 19 of 23 CO M M E N T S / Q U E S T I O N S • Th a n k y o u AG E N D A I T E M N O . 2 - DO G S I N PA R K S March 18, 2025 Item #12 Page 20 of 23 LEASHED AND UNLEASHED DOGS IN CARLSBAD - REGULATONS CITED IN STAFF REPORT CARLSBAD MUNICIPAL CODE SECTION 7.08.005.B. ADOPTED BY REFERENCE Title 6, Division 2, Chapter 6, of the San Diego County Code of Regulatory Ordinances, as may be amended from time to time, relating to animal control, is adopted by reference and incorporated as part of this code. Any provisions of this county code section that conflict with any other provisions of this chapter shall be superseded by the provisions of this chapter. A copy of the referenced ordinance is on file in the City Clerk's office. SAN DIEGO COUNTY CODE SECTION 62.669. RESTRAINT OF DOGS REQUIRED (a)A dog's owner or custodian or a person who has control of a dog shall prevent the dog from being at large, except as provided in subsections (b) and (d) below. (b)A dog's owner or custodian who has direct and effective voice control over a dog to ensure that it does not violate any law, may allow a dog to be unrestrained by a leash while a dog is assisting an owner or custodian who is: 1)Legally hunting. 2)Legally herding livestock. 3)On public property with the written permission of and for the purposes authorized by the agency responsible for regulating the use of the property. … (d)This section shall not apply to a dog assisting or training to assist a law enforcement officer in the course and scope of the officer's duties… SECTION 62.669.1. PUBLIC PROTECTION FROM DOGS (a)A dog's owner or custodian or other person having control of a dog shall exercise ordinary care to prevent the dog, while the dog is under the owner, custodian or other person's care, custody or control from: 1)Attacking, biting or otherwise causing injury to any person engaged in lawful act. 2)Interfering with a person or animal legally using public or private property. 3)Damaging personal property that is lawfully on public property or that is on private property with the permission of the property owner or other person who has the right to possess or use the private property. (b)The owner of any unaltered dog that bites a person engaged in a lawful act shall pay the Department an altering deposit in addition to any other applicable fees the Board of Supervisors (Board) establishes. The altering deposit shall be refunded or forfeited as provided in section 62.679(c). Exhibit 3 March 18, 2025 Item #12 Page 21 of 23 LEASHED AND UNLEASHED DOGS IN CARLSBAD - REGULATONS CITED IN STAFF REPORT … SECTION 62.669.5. GUARD DOGS, DANGEROUS DOGS OR POTENTIALLY DANGEROUS ANIMALS (a) It shall be unlawful for the owner, custodian or person having control of a guard dog, dangerous dog, or potentially dangerous animal to fail to exercise ordinary care over the animal that results in the animal causing injury to a person engaged in lawful activity, if the owner, custodian or person having control of the animal knew or should have known the animal had vicious or dangerous propensities or that the animal was a guard dog, dangerous dog, or potentially dangerous animal… SECTION 62.670. CURBING A DOG No person having control of a dog shall allow a dog to defecate or to urinate on private property other than property belonging to the dog owner, custodian or person having control of the dog. A person having control of a dog shall curb the dog and immediately remove any feces to a proper receptacle. This section shall not apply to a blind or visually impaired person who is relying on a seeing-eye dog… CARLSBAD MUNICIPAL CODE SECTION 11.32.010. PARKS - SCOPE For the purpose of this chapter, parks shall include all dedicated parks, parks established by adverse uses, planted areas open to the general public, parks on leased property, trails open to the general public, planted parkways, triangles, and traffic circles maintained by the city, except parkway strips between curb and sidewalk or behind curb, along the several streets and highways of the city. SECTION 11.32.020. BEACHES - SCOPE For the purpose of this chapter, beaches shall include all beach areas bordering the Pacific Ocean, the Batiquitos Lagoon, the Buena Vista Lagoon and the Agua Hedionda Lagoon. SECTION 11.32.030. UNLAWFUL ACTS It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach within the city: 11. To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind. Dogs are not allowed in Carlsbad’s parks or on Carlsbad’s beaches. (a) Notwithstanding any other provisions of this chapter, this section does not apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. March 18, 2025 Item #12 Page 22 of 23 LEASHED AND UNLEASHED DOGS IN CARLSBAD - REGULATONS CITED IN STAFF REPORT (b) This prohibition does not apply to a dog accompanying an unsighted person, or other person who by reason of medical necessity must be accompanied by a dog, dogs while assisting peace officers in law enforcement duties, dog parks or other areas specifically designated for dog use by the city council, or to dogs participating in shows or obedience classes authorized by the Carlsbad community services department on specified areas of parks or beaches. … 23. No person shall allow any dog owned by him or her or any dog subject to his or her control, custody, or possession, to enter upon any park within the city; provided, however, that this subsection shall not apply to dogs participating in shows or obedience classes authorized by the Carlsbad community services department in specified areas of parks, dog parks or other areas specifically designated for dog use by the city council. No person shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park property. It is the duty of persons having control of a dog to curb such a dog while in a park. SECTION 11.32.070. CARLSBAD SEAWALL — PEDESTRIANS ONLY The Carlsbad seawall sidewalk at the base of the bluff adjacent to Carlsbad State Beach between Tamarack Avenue and Pine Street shall be limited to pedestrians only…. March 18, 2025 Item #12 Page 23 of 23 Tammy Cloud-McMinn From: Sent: To: Subject: Attachments: Hello City Council: Eva Shaw <evashaw@att.net> Monday, March 17, 2025 12:22 PM City Clerk Dogs on Park Sidewalks Coco and me ChristmasJpg All Receive -Agenda Item# / 'J- For the Information of the: . ~rry COUNCIL Date~/7/.25CA V-cc .,...-- CM ir""ACM ✓ DCM {3) 7 I've lived in Carlsbad for nearly 50 years and thrilled especially with the Buena Vista Reservoir Park. It's such a gem, and makes me happy to see families and kids outdoors and thriving in our community. I was the citizen who stirred things up about it being unlawful to walk my dog on the sidewalks in the city's parks. This is the issue that is on the agenda tomorrow night. (I'm the board secretary for Las Flores church and it's our budget and monthly meeting at the same time you are meeting. Hence, I cannot attend the meeting.) My dog-walking neighbors and friends and I hope you'll approve a change so that we can legally walk our leashed and licensed dogs on the sidewalks in parks. Coco and I feel safe there, as opposed to walking on the side of the roads where it is dangerous, at least in my Northwest quadrant with few sidewalks. The Chamber of Commerce, as you may be aware, bills Carlsbad as a "paws-atively" friendly city and I ask you to make that the truth by changing the law. Please keep in mind that it's legal to walk dogs on the sidewalks in Central Park and also our Balboa Park. As the report indicates, most San Diego cities allow dogs on park sidewalks. As for the seawall issue, perhaps there could be different rules for that area as sanitation is a real issue and perhaps treating it separately might solve the park/dog situation. Thank you so much. Eva Shaw, Ph.D. 1758 Yourell Ave. 92008 PS: Here's Coco and me in Balboa Park's Spanish Village. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 1 / Tammy Cloud-McMinn From: Sent: To: Cc: Peggy McBride <pmcbride_cpa@gmail.com> All Receive -Agenda Item# }.id Tuesday, March 18, 2025 4.43 PM For the Information of the· City Clerk CITY COUNCIL • Melanie Burkholder; Geoff Patnoe Date -;;/19/#sr,A cc / Subject: Attachments: Letter Regarding Dog Park Issue for 3/18 Council Meetin§M _ACM_ DCM (3) Letter to Carlsbad Citiy Council re Dog Parks.docx - I understand that I can have an email letter read into the Council record regarding an item on this evening's agenda. Unfortunately due to a death in our family I am unable to attend. I apologize for the late notice. Thank you for your efforts in ensuring this letter is available to the Council. Respectfully, Margaret McBride CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe. 1 March 18, 2025 Mayor Keith Blackburn and Members of the City Council I live in District 1 and regularly walk my dog, a Chocolate Lab Senior Citizen, around Carlsbad. We would like to visit Carlsbad's many parks but, unfortunately, most prohibit dogs. As I view these parks, they are almost without exception underutilized, with few if any citizens enjoying the parks. (Please see pictures of underutilized parks below). I note that there are NO dog parks within walking distance of the Village, and in fact the nearest one is on the very border of District 1, more than 2.5 miles away from the Village Transit Station. Further, that particular dog park has, in my experience, aggressive dogs which are of course not leashed and thus I cannot allow my older dog to interact. I am concerned that the City is promoting urban housing while simultaneously taking away the facilities needed by these urban dwellers. Places to exercise and enjoy pets are important to successful urban living. Dogs generally must be walked at least twice a day. Leaving only the alternative of walking along the sidewalk and, hopefully, picking up the dog's waste with minimal mess to the sidewalk or surrounding lawns, is problematic. I urge you to open the parks to our canine residents! As a compromise and practical solution perhaps the parks could be opened to dogs during the week when they are rarely utilized. At present, our beautiful parks are not being utilized and such an option would add so much to the community. Respectfully, ::l(ar3aret «f ::ll'c.l!Jriae Margaret J. McBride 2515 Chestnut Avenue Leashed and Unleashed Dogs in the City and Enforcement Kyle Lancaster, Parks & Recreation Director Reid Shipley, Assistant Police Chief March 18, 2025 1 NOV. 19, 2024 - MOTION •Directed City Manager to return to the City Council on a future agenda with a discussion item related to leashed and unleashed dogs in the city and where enforcement occurs Staff focused its compilation of information on dogs at publicly accessible parks and beaches, and the enforcement of applicable regulations ITEM 12: DOGS IN CITY - ENFORCEMENT 2 BACKGROUND •March 17, 2022 - Staff sent City Council a memorandum titled Dogs in Parks – History of Prohibition and Study of Allowance •City Council did not provide staff any direction on the matter in response to the memorandum ITEM 12: DOGS IN CITY - ENFORCEMENT 3 BACKGROUND •Staff also presented a report on this topic to the Parks & Recreation Commission on March 21, 2022, which included City Council memorandum •Commission discussed the matter but did not make a recommendation for any changes ITEM 12: DOGS IN CITY - ENFORCEMENT 4 COMMUNITY CONCERNS •Patrons of parks and beaches have periodically expressed the following concerns about dogs: The presence of dogs, either leashed or unleashed, despite the regulations generally prohibiting it Not being able to walk their leashed dogs at parks and beaches, due to the regulations prohibiting it ITEM 12: DOGS IN CITY - ENFORCEMENT 5 COMMUNITY CONCERNS •Patrons of parks and beaches have also periodically expressed other concerns about dogs, such as: There aren’t enough off-leash dog parks in the city, and the dog parks that exist aren’t large enough Dog owners fail to pick up after their dogs, or allow dogs to destroy the landscape ITEM 12: DOGS IN CITY - ENFORCEMENT 6 REGULATIONS •San Diego County Code and Carlsbad Municipal Code contain regulations related to leashed and unleashed dogs at parks and beaches in the city Where both codes address a topic, the more restrictive of the regulations typically prevails ITEM 12: DOGS IN CITY - ENFORCEMENT 7 SAN DIEGO COUNTY CODE •The city adopted by reference the San Diego County Code relating to animal control Requirements for dog owners to leash their dogs and to pick up after their dogs are found in San Diego County Code Title 6, Health and Sanitation ITEM 12: DOGS IN CITY - ENFORCEMENT 8 CARLSBAD MUNICIPAL CODE •Regulations on parks and beaches are set forth in Carlsbad Municipal Code Chapter 11.32 Section 11.32.010: parks include all dedicated parks, parks established by others’ use as if owned by them, planted areas open to the general public, parks on leased property, trails open to the general public, planted parkways, triangles & traffic circles Beaches include all beach areas bordering ocean ITEM 12: DOGS IN CITY - ENFORCEMENT 9 CARLSBAD MUNICIPAL CODE •Section 11.32.030(11): Dogs are not allowed in Carlsbad parks or beaches, except for the following: At Batiquitos, Buena Vista and Agua Hedionda Lagoons With an unsighted person or person with medical necessity Assisting a law enforcement officer in the course duties At a dog park or other area designated for dog use Participating in authorized shows or obedience classes ITEM 12: DOGS IN CITY - ENFORCEMENT 10 CARLSBAD MUNICIPAL CODE •Citywide trails were formally designated for use by leashed dogs via the City Council’s adoption of the Carlsbad Trails Master Plan in 2019 (Res. 2019-150) Allowance applies to the upper seawall walkway, but does not apply to the lower seawall walkway Section 11.32.030: limits use of the lower seawall walkway to pedestrians only ITEM 12: DOGS IN CITY - ENFORCEMENT 11 ENFORCEMENT OF REGULATIONS •San Diego Humane Society and Carlsbad Police Department are responsible for enforcement of applicable regulations concerning leashed and unleashed dogs at parks & beaches •San Diego Humane Society manages most animal-related calls in city, including biting incidents, while the Police Department is tasked with enforcing the general prohibition of leashed and unleashed dogs at parks & beaches ITEM 12: DOGS IN CITY - ENFORCEMENT 12 ENFORCEMENT OF REGULATIONS •The Police Department’s two park rangers are primarily responsible for patrolling the city’s parks and beaches •The Police Department’s patrol officers may, in addition to responding to calls for service regarding dogs, proactively enforce general prohibition of leashed and unleashed dogs at city parks & beaches, when not attending to other calls ITEM 12: DOGS IN CITY - ENFORCEMENT 13 ENFORCEMENT OF REGULATIONS •If the Municipal Code is amended to broadly permit leashed dogs at parks & beaches in the city, the Police Department will be responsible for enforcing the regulations The broad permitting of leashed dogs at parks & beaches in the city may result in an increase in the Police Department’s calls for service due to a heightened potential for conflicts involving dogs or violations of off-leash regulations ITEM 12: DOGS IN CITY - ENFORCEMENT 14 ENFORCEMENT OF REGULATIONS •The department does not anticipate a significant impact on its operations with such increased calls for service •Given that leashed and unleashed dogs have generally been prohibited at parks & beaches, it’s difficult to predict whether there would be an increase in bite incidents or corresponding impacts to the Humane Society’s operations should the applicable regulations be amended ITEM 12: DOGS IN CITY - ENFORCEMENT 15 REGULATIONS IN OTHER CITIES •Each of the other 17 cities in the County of San Diego: Offer one or more designated unleashed dog areas at publicly accessible parks or beaches Allow leashed dogs on city trails Permit leashed dogs at all publicly accessible parks (with the exception of Coronado and Escondido) ITEM 12: DOGS IN CITY - ENFORCEMENT 16 REGULATIONS IN OTHER CITIES •Cities, such as Santee, La Mesa and Del Mar, prohibit dogs in certain areas of some parks (playgrounds & sports fields) •A few cities also permit leashed dogs at certain beaches, although Carlsbad doesn’t own most beaches in the city None of the responsive cities indicated claims had been paid or that litigation had been initiated regarding dog incidents in publicly accessible parks and beaches ITEM 12: DOGS IN CITY - ENFORCEMENT 17 FISCAL ANALYSIS •The memorandum provides estimates of the cost of allowing leashed dogs in city parks only Figures are three years old; require adjustment If staff is directed to return with amendments to regulations, staff would include updated fiscal impact information as a part of that report ITEM 12: DOGS IN CITY - ENFORCEMENT 18 NEXT STEPS •The San Diego Humane Society and the Carlsbad Police Department will continue to enforce the applicable regulations concerning dogs at publicly accessible parks and beaches in the city, unless other direction is received from the City Council ITEM 12: DOGS IN CITY - ENFORCEMENT 19 RECOMMENDED ACTION Receive an informational report on leashed and unleashed dogs in the city and where enforcement occurs, and provide any desired direction to staff ITEM 12: DOGS IN CITY - ENFORCEMENT 20