HomeMy WebLinkAbout1981-11-24; City Council; 6821; Ordinance regarding Dogs in the Parkt E + -r
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CIT. OF CARLSBAD - AGENDk BILL
is#-- TITLE: Ordinance Regarding Dogs in the Park DEPT. HD.~XL
aTG. 11/24/81 CITY ATTYfi
IEPT. CITY MGR. E
RECOMMENDED ACTION:
Council introduce Ordinance No. ,J/{& to amend Carlsbad Municipal
Code Title I1 Chapter 11.24, Section 11.24.130 (11) and Section
11.24.130 (25) to eliminate the present conflict in the two ordinances regarding dogs in the park. Staff recommends Alternative 11, which
will prohibit dogs in the park.
ITEM EXPLANATION:
On September 1, 1981, City Council directed staff to review the
ordinances that pertain to dogs in the park. Staff discovered that
a conflict exists between two City ordinances. Basically, the
ordinances state:
1. Section 11.24.130 (11). Dogs are allowed in the park when led by
a cord or chain not more than six feet long.
2. Section 11.24.130 (25). Dogs are prohibited from entering any
park within the City.
The two ordinances must be clarified and standardized. Staff has
proposed two alternatives to resolve the conflict.
Alternative I
Repeal subsection (251, and amend subsection (11) to permit dogs in
the park and beach. (See Exhibit B for specific wording and con-
ditions. )
Alternative I1
Alternative I1 will amend subsections (11) and (25). Dogs will not be
allowed to enter any park within the City. (See specific wording
and conditions in Exhibit A).
FISCAL IMPACT
To post and sign ordinance throughout the main park areas, it is
estimated that the cost would be $300.00. Funds are available in
account 1-160-2670.
EXHIBITS
A. Ordinance No. d/&Z. to amend Municipal Code, Title 11, Chapter
B. Memorandum to City Manager dated September 21, 1981.
PARKS AND RECREATION COMMISSION:
The Parks and Recreation Commission has reviewed the Ordinances and approved Alternative 11.
11.24, Section 11.24.130(11) and Section 11.24.130(25).
C. Memorandum to City Manager dated November 25, 1981.
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MEMORANDUM _____-----
TO : Frank Aleshire, City Manager
FR0i.I: David Bradstreet, Director, Parks E Recreation
DATE: September 21, 1981
SUBJ: Ordinance Conflict Regarding Dogs in Park
Background
On September 1, 1981, Council directed staff to review the
ordinances that pertain to dogs in park.
Recommendation
Staff recommends Alternative 11, and also to post and sign
throughout major park areas.
Fiscal ImDact
To post and sign ordinance throughout the major park areas
it is estimated that the cost would be $300.00. Funds are available in 1-160-2670.
Discussion
On an occasional basis, the City receives requests to conduct
dog shows and obedience classes in City Parks. Under the pro-
visions of Subsection 11.24.130 (251, such a request would have
to be denied.
Dogs in the park have created the following concerns:
1. Complaints from park participants, park personnel, and nearby residents.
2. Lack of a healthy and sanitary environment resulting from excrement.
3. Scattered trash and eurf damage.
4. Fear of potential biting.
The current department policy on dogs in the park is as follows:
If dogs are observed running free in the public parks, the owner or responsible party is notified to put the dog on a leash. If no owner is identified, the county animal control
officer is notified. If owners refuse to leash their dogs, the police department is notified.
In reviewing Municipal Code 11.24.130, Subsection (11) and (251,
there is a conflict as it relates to dogs in a park or beach.
Please refer to attachment, Municipal Code 11.124.130, Subsections
(11) and (25). One Section permits dogs on a leash in the park,
EXHIBIT B
the other section prohibits dogs in the park.
Alternatives
In order to eliminate the conflict between Subsections (11)
and (25) of Section 11.24.130 and permit dog shows in City
parks, the following alternatives are proposed:
ALTERNATIVE I
A. Repeal Subsection (25) of Section 11.24.130.
B. Amend paragraph (11) of Section 11.24.130 to read. as
follows: To ride or lead horses, or to hitch, fasten, lead,
drive or let loose any animal or fowl of any kind, Dro-
vided that this section shall not apply to dogs when led
by a cord or chain, not more than six feet in length or to dogs when participating in a dog show or obedience class
which has been authorized by City of Carlsbad Parks and Recreation Department. No person shall allow or permit any
dog to destroy any real or personal property or to commit a nuisance on any park or beach property. It is the duty
of persons having control of a dog to curb such dog while
in a park or beach area.
ALTERNATIVE I1
A. Amend Subsection (25) of Section 11.24.130 to read as
follows: No person shall allow any dog owned by him or
any dog subject to his control, custody, or possession,
to enter upon any park within the City; provided however,
that this section shall not apply to:
1. Dogs on beaches when led by a cord or chain, not more
than six feet long;
2. Dogs participating in shows or obedience classes
authorized by the Carlsbad Parks and Recreation in
specified areas of parks.
No person shall allow or permit any dog to destroy any real
or personal property or to commit a nuisance on any park or
beach property. It is the duty of persons having control of
a dog to curb such dog while in a park or beach area.
B. Amend Subsection (11) of Section 11.24.130 to read as follows:
To ride or lead horses, or to hitch, fasten, lead, drive or
let loose any animal or fowl of any kind except as provided in
Subsection (25) of this section.
In summary, staff feels that Alternative I1 would best serve the
interests of both park personnel and park users.
DLB: MB: kap
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ME M 0 RANDUM _______---
TO : Frank Aleshire, City Manager
FROM: David Bradstreet, Parks and Recreation Director
DATE: November 25, 1981
SUBJ: Ordinance Regarding Dogs in the Park
On Tuesday, November 24, 1981, at the City Council Workshap, staff
was directed to review the state ordinance that pertains to dogs
on the beach. (See attached). Our research has shown that dogs
are only allowed in specific sections of the beach within the
city limits. The beach is patrolled by State Rangers to enforce
the California Administrative Code.
Staff recommends that the City does not need an ordinance regarding
dogs on the beach since the majority of beach property is under
State jurisdiction. This subject should be eliminated from the
City ordinance.
DB:jw
STATE OF CALIFORNIA
IEPARTMENT OF PtbRKs AND RECREATION
ORDER NO. 6-104
3me 1, 1979
I. The following lands and facilities of the San Diego Coset Area of the
Dzpartnent of Parks and Recreation rare hereby closed to doyte.
A, All state property within the bomdoriesr of Carlebad State Beach,
1 ncluding beach area, bluff ara, build1 nga , parking areas and roada .
This closure to bat effective twanty-four hours a day, every day,
from June I., 1979.
E. All otnte beach prapcrty within the boundariee of South Carlsbnd
State Beach. This closure to be effective twenty-four hours a day,
cvery day, from June I, 1979, except as statad below.
C. All atate property within tha boundaries e€ Leucadia State Beach
inc.Luding beach area, bluff arm, buildings, parking are- and roads.
This clonure to be affective twenty-four houro B day, every day, from
June 1, 1979,
D. All state property within tha boundariee of Moonlight State Beach,
including beech area, bluff area, buildings, parking areas, roads
and tennis caurta. This closure to be effective twenty-four hours
a day, every day, from June lr 1979.
E. All state beach property within the boundariea of San Elljo State
Bench. This closure to be effective twenty-four hours 8 day, every
day, from June 1, 1979, except as stated below.
F. All state property within the boundariea of Cardiff State Beach,
including beach area and.porking area. This closure to be effective
tueiity-four hours a day, every day, from June 1, 1979.
G. All state property wiRhin ths boundaries of Torrsy Pinee State Beach,
including beach ana, bufldinge, parking areas, roads. This closure
to be efll~ctive twenty-four hours a day, every day, from June 1, 1979,
Exceptions:
A. The campground area of South Carlsbad State Beach remain8 open to dog8
on leash and mder control.
3. The campground area of San Elijo State Beach remains open. to doga on
leaah and under control.
C. The tennis court area east of Third Street remain8 -open to dogs on
leash and under control.
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DEPAXTKENT OF PARKS AND REGREATION -2- ORDER NO. 6-104
D. Cardiff State Beach: From the mouth of the Sm Elijo Lagoon south- -. ward to the aouth boundary. Dogs are not permitted on the adjoining
Sm Elijo State Beach immdiatoly to the north.
E, Carlsbad State Bench:
southward to thz Sm Diego Gas and Electric Company property. Dogs
are not permitted on the portion of Carleabad State Beech north of
tha jetty.
From the Agua Ikdiandn Lagoon mouth and jetty
F. .-- Leucsdia State Beach: From the Sea Bluff access stairway to the eouth
boundary. Access to the beach for visitors with dog8 will be limited
to the two etairwaye, Sea Bluff rnnd the older acccas at Neptune and
Fulvfa,
Beach or the §an Marcas (POntO) Creek area.
Accena will not be pedtted elthcr from Moonlight State
2,
3.
Nothing tiereip shell affect my sxlsting private contract or property rights.
Nothing herein shall be construed in derogatian of other provisions of law.
Simed,
Superintendent, District 6
hutiiori ty :
State of California Public Resources Code Section 5003.
California Administrative Code, Tit1.a 14, Sections 4327 and 4312.
Copies of this Order have been filed with hsaoclatc Director, Operations.
This Order superscde~ Order 6-11 dctod hy 15, 1972.
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state park
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nianager nu pcrson shd! smohc or build fire5 in nrcds uthci th,tn
those dcsigndtcd by the are,r manager for such purposes.
43 12. Dags; Animals.
(4 No person shall tving a dog inlo, permit a
dog to enter or remain, IY poswss a dog iri the stale prk rystem
unless the dog is on leash of no mort' 1tim SIX frct in lcngth and
under ~Iir inirnedidte cciritrd of ,I ptvwii or cotifined in 'i
vchii le,
(b) Except for dogs iintirr fivc (sj m(JIlIf1S of
age no pcrswr sfiall bring ii dog into, pcrmit ,i dug to cntcr or
remain, or posscss a dog in tiit stdtc park system unless the
pcrswi presents proof that the dog Ii,is a v,ilitl r,thk< inoculntion
br the perwn presents a vdid ficctiw lor thc dog.
(c) No person stidll bring ,I dog into, perrrrit a
dtrg to enter or remain, or posses a dog bcyortd the litnits of
cdmpgr ounds, picnic areq parking atear, 9oad5, or in any
structure of the state park system, provided, however, that
where hunting is permitted a dog mdy be uwd when acccm.
pmied by a hunter.
.
(dl No perron shall bring a dog into, permit a
dog to enter or remain, m possess a dog on any beach adjacent
to any body OF water in any unit of the state park system
except in areas desigrra ted for dogs.
(4 No perscin rhA1 perniit a dog or d cat to
remain outside a tent, cLamper, or enclosed vehicle during the
night,
if No person shdli permit J dog to run loose, or
turn Iwse a dag ur any animal in my portion of the shte park
system, except upon a finding of benefit to the strlte park
system or upon written authorization by the area maringer.
(B) No person shall keep a cat in the state park
system except under his immediate control.
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(h) No prrson %hall keep d iioisy, vicious, or
dangerous dog w animal CK onc which is disturbing to other
perions, in the stnte park systcrn arid remain therein after he ha5
bcen drkcd by a p‘irk officer to 1c.a~.
li) Subsections (a! t~ii ougtr (i) inc‘lusive of this
scctioii, except subsectiwi Ih) slid1 riot apply to “seeing eye”
dogs used to guide a blirid person there present, provided, that
such dogs shall remain under {tic iriirnediate control of such
blind persons.
4313. Firemns. No person shall carry or possess a
firearm with a cdrrridgc in any poi tion of the mechdnism; nor
shdll any perstwi discharge across, in, or into any portion of the
state pdrk system a firwrm, bow arid arrow, w air or gas
wedpon or dny device capdble of injuring or killing any animal
or damaging or destroying any public or private property,
exwpl where the director for good ciy11s-e has so authorized
upon his finding that it is not inconsistent with slate park use.
Nothing herein contained shall be construed in derogation of
tlcc use of weapris by law or regulation permitted and to be
used fw tiunting in a state recreation ma, or portion thereof,
opened to hunting.
4314. Fireworks. No person shall possess, dis-
charge, wt off, or cause lo be discharged, in or into any portion
of the 5tate park system my firecrac kef%, torpedoes, rockets,
fireworks, explosives, or suhtanceti harmful to tho life or safety
of pcrwns. This section does not apply to explosiws lawfully
possessed (x used under the direction of the area manager.
4335. Grazing. No person, persons, or corporation
shall grdzc, herd, or permit livestock to enter or remain irrside a
unit of state pdrk systm without specific written aulhorization
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ORDINANCE NO. ' 3142 ,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11,
CHAPTER 11.24, SECTION 11.24.130 OF THE
CARLSRAD MUNICIPAL CODE BY THE AMENDMENT OF
SUBSECTIONS (11) AND (25) TO PROHIBIT DOGS
IN THE PARKS.
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 11, Chapter 11.24, Section
11.24.130 of the Carlsbad Municipal Code is amended by the
amendment of Subsections (11) and (25) to read as follows:
It( 11) To ride or lead horses, or to hitch, fasten,
lead, drive or let loose any animal or fowl of any kind except as provided in Subsection (25) of this section. This section
shall not apply to state parks or state beaches.
"(25) No person shall allow any dog owned by him or
any dog subject to his control, custody, or possession, to enter
upon any park within the City provided, however, that this
section shall not apply to dogs participating in shows or
obedience classes authorized by the Carlsbad Parks and
Recreation in specified areas of parks. 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 dog while in a park
area . 'I
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 1st day of Decurber r
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1981 and thereafter
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PASSED, APPROVED, AND ADOPTED at a regular meeting of said
Zouncil held on the -- 15th day of Decder , 1981, by the fol-
Lowing vote to wit:
AYES : Council Mwbers Packard, Casler, Lewis and Kulchin
NOES : Council Marber Anear
ABSENT: None XJBd
RONALD C. PACKARD, Mayor
4TTEST :
YLETHA L. RA
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