HomeMy WebLinkAbout1989-04-11; City Council; 9968; Prohibition of Dogs from Carlsbad Beaches1EPT.L
RECOMMENDED ACTION:
DEPT. HD
CITY MGR.=
If Council concurs, introduce ordinance d5-61
ITEM EXPLANATION:
On January 10, 1989 the City Council introduced ordinance NS-51 that would prohibit dogs from Carlsbad controlled beaches, year round, effective June 1, 1989. In an effort to review various alternatives to this proposed ordinance the City Council directed that staff discuss the matter with the Parks and Recreation Commission and that they return their findings to the City Council prior to the effective date of ordinance NS-51.
At the March 20, 1989 meeting, the Parks and Recreation Commission reviewed a report as submitted by a Commission subcommittee relating to the proposed ordinance. After conducting a public hearing on this issue, the Commission made the following recommendations for Council consideration;
1. Allow leashed dogs on the Carlsbad controlled beaches from October 1st to April 30th with the leash and the nuisance ordinance strictly enforced.
2. Dogs will not be allowed on the Carlsbad controlled beaches at any time from May 1st to September 30th.
3. Exempt signal and service dogs for the hearing impaired from the ordinance.
4. Direct staff to post signs that clearly delineate the Carlsbad controlled beaches and the new dog ordinance, pursue an education program through the media and to provide the opportunity for dogs on a leash to be allowed on any Carlsbad trail systems including Lagoons.
Staff concurs with the above recommendation and propose that the City Council direct staff to amend ordinance NS-51 to incorporate the recommendations of the Parks and Recreation Commission.
ALTERNATIVES:
1. Allow the amended ordinance NS-51 that would prohibit dogs from Carlsbad beaches year round to go into effect on June 1, 1989.
2. Repeal ordinance NS-51, which would allow dogs on the Carlsbad beaches year round provided they are accompained by their owner or other responsible persons and at all times kept on a leash and comply with the nuisance section.
3. Establish a seasonal time of dog restriction: During the summer months, Memorial Day to Labor Day, dogs would be permitted on the beach before 8:OO am and after 6:OO p.m. The other months, they would be permitted on a leash, at anytime.
FISCAL IMPACT:
The cost to add the appropriate signs throughout the Carlsbad controlled beaches has been estimated to be $300. Funds are available in the parks maintenance special supplies account. There also may be a cost for increased enforcement that is difficult to measure at this time.
EXHI BITS :
1. Ordinance No. ds-d/ 2. Parks and Recreation Subcommittee Report
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ORDINANCE NO. NS-61
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.32 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 11.32.030(11) TO PROHIBIT DOGS
FROM ALL CITY BEACHES AND PARKS il- /
The City Council of the City of does
SECTION I: That Title 11, Chapter 11.32
ordain as follows:
Code is amended by the 11.32.030(11) to read
as follows:
itch, fasten, lead, kind. From May 1
are prohibited from
ril 30 inclusive of es provided they are e person and at all
to beaches under the epartment that prohibit
SECTION 11: Ordinance NS-51 adopted January 17, 1989 is
ereby repealed.
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.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the day of , 1989,
and thereafter /
PASSED AND ADOPTED at a
of the City of Carl sbad on the
, 1989, by the following vote, to wit:
AYES:
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO,
CLAUDE A. LEWIS, Mayor ATTEST:
ANZ, City Clerk
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March 27, 1989
TO: PARKS AND RECREATION COMMISSION
FROM: DOG ORDINANCE SUBCOMMITTEE
DOG ORDINANCE STUDY
WEDNESDAY, MARCH 8, 1989 CALAVERA HILLS PARK CCMMUNITY CENTER
PARKS AND RECREATION COMMISSION
SPECIAL PROJECTS SUB-COMMITTEE:
PARKS AND RECREATION STAFF ADVISOR:
RESIDENTS REPRESENTING PRO 8. CON OF VIEW:
CONSULTANTS:
AUDIENCE ATTENDANCE:
Shirley Dah1 qui st, Chairperson Marjorie Morrison Kim We1 shons
Lynn Chase, Recreation Superintendent
Nancy Koontz and Don Jackson
(a) Jim Hawks, Carlsbad Police Dept.
(b) Joe Welch, S.D.C. Animal Control (c) Bill Fate, State Dept of P & R
14 people in audience, plus, the 2 citizens seated at the head table = 16 total.
1. VISUAL REFERENCE
Coastal Map del ineating Carl sbad's "Beaches" where the amendment to Ordinance No. NS- 51, passed by the City Council on January 10, 1989, would in effect "prohibit dogs from all City beaches", with an effective date of June 1, 1989.
2. CORRESPONDENCE
To date, 8 letters have been received by the Parks and Recreation Department voicing their opinion on this issue and offering suggestions as amendments to the City Ordinance.
a. Nicole Daum
* Avoid a total ban. * Suggests: Assign designated hours when the animals may be permitted on beach.
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**NOTE :
Georgia Schramn
* Opposes the ordinance banning the dogs.
Edward and Louise Thal ke
* Concurs with the ban.d.William Thompson
* Opposes a total ban. * Suggests setting aside areas for dogs only.
Sheila Kebow
* She is a beach front owner and is against a total ban. * She exercises her dog on the beach.
Jack and Margie Stuhmer
* Opposes the ordinance * Would endorse a "pooper-scooper" law.
Anita & Matt Cappuccilli
* Opposes the ordinance.
Andrew Townsend
* They suggest an alternative location to allow the dogs on the beach: La Costa Avenue to Ponto, because it is less populated due to the rocky shoreline.
Two of the people that put their comments in writing, were also present in the audience: Georgia Schramn and Sheila Kebow.
3. GUEST SPEAKERS
a. Pro-advocate, Don Jackson
* He was the individual who brought this issue before the City Council * He represents friends living near or along the beach. * The animals present a nuisance and sanitation problem. * The beach access areas are the concentration points where the problem occurs.
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b. Con-Advocate, Nancy Koontz
* opposes a total ban. * advocates a clean-up law. * suggests: designated hours
Carlsbad Police Department, Jim Hawks
designated areas where dogs would be allowed on the beach.
c.
* Mr. Hawks clarified information, answered questions, and spoke from past experience.
* The police do not "patrol" the area, rather they respond to complaints. The complaints regarding dogs on the beach are prioritized. How quickly they respond depends to a large degree on the urgency and nature of the other police calls.
d. State Department of Parks and Recreation, Bill Fate
* The State has a set of CC&R's which excludes seeing eye, signal and service dogs from the California Administrative Code banning dogs from State Beaches.
Clearly, whatever the outcome of this ordinance, the City should update the terminology of the dog ordinance to comply with the wording of the State's Code.
* In 1988, there were 600 citations issued for violations that occurred along the
19 miles of coastline (beaches), from Carlsbad to Torrey Pines. Roughly 25%, or 150, of the citations were for dog violations. And, those were primarily leash violations.
* The State employs over 100 lifeguards, of which, only 7 are licensed peace officers, and they are the only ones who can issue citations.
* The State employs a year round staff of lifeguards; however, the majority of the lifeguards begin working June 15 (when school gets out), till the week after Labor Day. During this period, their daily hours are 1O:OO a.m. --- 6:OO p.m.
e. County Animal Control , Joe Welch
* The County will respond to a call about a loose dog, generally, after the Carlsbad Pol ice Department has determined the appropriate action to take.
* Dogs will be dogs, and they do what comes natural to them, i.e., digging sand People have a tendency to get upset when they are in the path on the beach. of that flying sand.
* There have been a number of reported incidents of dogs biting people on the beach. This often occurs when a child, being naturally friendly, wants to play with or pet a dog. The actual number of dog bites handled by the County at the beach was not available for this meeting.
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4. PUBLIC COMMENTS
a. Cindi Ward
* She has heard residents refer to this stretch of beach as "Doggie Beach" * Feels it would be an "enforcement nightmare" to educate the public about the laws, hours, and/or months when dogs would be allowed on the beach.
* Painted out, there is a very little beach where these homeowners live.
b. Roger Williams
* Dog shows are sanctioned by the P&R Dept. and held nearby in Magee Park. He wonders if the animals attending these shows could be contributing to the "dirt" on the beach?
c. Georgia Schramn
* Suggests establishing time restrictions, when the dogs may be allowed on the beach. However, due to the variability of the tides, this may or may not be pract i cal or acceptabl e.
* Suggests posting the clean-up ordinance on the signs that state dogs are to be controlled on a leash while with their owners on the beach.
* Suggests posting signs on the beach to identify where the City beach ends and the State beach begins.
d. Nick Crumpton
* Suggests seasonal control: winter ok; summer ban the dogs.
e. Chuck Stillwell
* Requests that the newspapers clearly print the laws (leash and nuisance) in an attempt to educate the public.
* The issue is:
* Concerned about the parks, he would like the ordinance amended to allow dogs
a lack of understanding of the laws.
on park grounds.
f. Sheila Kebow
* The dog issue is insignificant compared to the incidence of litter and trash on the beach, and the people who illegally consume alcohol or use drugs on the beach.
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g. Mrs. Castillo
* Opposes the total ban.
* Using common sense, she always cleans-up after her dog when she walks with him along the beach.
* Suggests allowing dogs on the beach in the early morning hours and late afternoon/eveni ng hours.
h. Mr. Castillo
* Opposes the total ban.
* Suggests seasonal restrictions: From Memorial Day to Labor Day (Summer) ban the dogs; then allow them on the beach during the winter.
i. Kay Bishop
* Admitted ignorance that there was a "pooper scooperll law. * She lives along the beach. * Suggests: allow a grace period to educate the public, and give them an opportunity to "clean-up" their act.
PRELIMINARY OBSERVATIONS, CMENTS, AND SUGGESTIONS
1. The beach and the sand are for people (not for dogs).
2. Clearly, there is a communication gap:
a. The people are not aware that there is an ordinance on the books requiring dog owners to clean-up after their animals (otherwise known as the "pooper-scooper" 1 aw) .
b. Sand is sand, and the people are unaware of where the control of one beach ends and the control of the next beach begins; i.e., City Beaches and State Beaches. Signs should be posted on the beach so the uses can make the distinction between City and State Beaches and thus observe the separate or similar laws.
3. This Ordinance, banning dogs from the beach, will undoubtedly, be difficult to enforce. As the saying goes, "what good is a law if you can't enforce it", or it's too impractical to enforce, or too costly to enforce.
4. A compromise solution may be to designate seasons and/or hours when dogs may be allowed on the City's beaches.
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SUMMATION OF MEETING # ONE
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Leave the law as it stood before (forego the amendment to the Ordinance}.
Place emphasis on educating and informing our residents and the transient public visiting our beaches, that we have in effect a leash law and a clean-up ordinance.
Include the exclusion for "signal and service dogs" in the ordinance.
Post signs that inform the beach users that there is a clean-up ordinance that they must observe if they are going to bring their dogs onto the City's beach.
Add the sidewalk, from Cherry Street, North (to the Offshore Store), to bring the ordinance, which refers to the bluff top area where the dogs are permitted on a leash, up-to-date with the renovations that have occurred since the ordinance was written. (i .e., sidewalk extension, fences, and guardrails).
Post signs on the beach to help users distinguish the Sate Beach from the City Beach.
Publish and post maps that delineate the streets that form the boundaries of the City Beach; the bluffs where dogs may walk on a leash, and where the State Beach begins and ends.
Advertise the bail/fines for: no leash, and failure to "clean-up" after your dog.
Assume a positive, responsible posture, encouraging our residents --- THEY CAN KEEP OUR BEACHES CLEAN!
Consider "burying" the waste, as an option to get people to clean-up after their dogs.
Consider a trial period: spend the effort to educate the people, post signs, and allow perhaps a 6 month period to see if the sanitation issue improves and if people are trying to comply with the leash and nuisance ordinances.
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THURSDAY, MARCH 9, 1989
STAGECOACH PARK COmUNITY CENTER
PARKS AND RECREATION COMMISSION
SPECIAL PROJECTS SUB-COMMITTEE:
PARKS AND RECREATION STAFF ADVISOR:
CONSULTANTS:
Shirley Dahlquist, Chairperson Tony Lawson , A1 ternate Kim We1 shons
Lynn Chase, Recreation Superintendent
(a) Jim Hawks, Carlsbad Police Dept.
(b) Joe Welch, S.D.C. Animal Control
AUDIENCE ATTENDANCE: 8 people in the audience
1. VISUAL REFERENCE
The committee and audience again had an opportunity to view the coastal map showing the
City beaches and State beaches.
2. CORRESPONDENCE
Seven letters were received by the P&R Dept. in the 24 hours since the meeting at Cal avera Hi 11 s Park.
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b.
C.
Nancy Keat i ng
* Suggests trying what San Diego has arranged with their dog owners: along La Jolla Shores, dogs are permitted on the beach before 9:00 a.m. and after 6:OO p.m.
Lori Feiburger Achenbach
* Approves of dogs on the beach.
Dana Gail Olson
* Approves of dogs on the beach * Dogs should be allowed to accompany their owners in public places. * She opposes the manner in which this ordinance was amended.
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d. Fitzpatrick
* Suggests an alternative location where dogs might be allowed on the beach: across from the Encina Power Plant (SDG&E). There are high bluffs and few people sun bath there.
* In comparison, the trash recklessly discarded by people, dirties our beach far more than the dogs.
e. Joseph Kanarock
* He is in favor of banning the dogs from the beach.
f . Vanderl inden
* Favors the ban
g. J.M. Vigil
* Favors the ban * Its unsanitary sunbathing in the same area where dogs "poop". * Unleashed dogs have been known to bite people.
**NOTE: Two of the people that put their comments in writing, were also present in the audience: Elizabeth Fitzpatrick and Danna Gale Olson.
3. GUEST SPEAKERS
a. Con-advocate, Nancy Koontz
* The total ban is overkill. * She is willing to work with alternatives, as are most dog owners. * She cited other coastal communities that have made it work (people and dogs enjoying the beach in harmony) * Would consider restrictions such as: owners would be required to observe the leash and nuisance laws during the winter and summer months, with the added restriction of designated hours during the summer.
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b. Carl sbad Pol ice Department
* In response to the inquiry an alternative site where dogs might be allowed to run on the beach, Mr. Hawks cautiously acknowledged that the two citizens who had suggested the coastal area across from Encina, from the lot north to Tierra Mar to approximately the warm water jetty, owned by SDG&E and leased to the State, may merit investigation. * Carlsbad is bordered by approximately 12 miles of beaches
* There is a maintenance problem along the landscaped portions of the public access points to the City's Beaches.
* The area under discussion is an older beach, densely populated with motels and several multi-dwelling units.
* It may be difficult to enforce an ordinance stipulating hourly restrictions (for example, the time constraints set for surfing in that area are not always heeded).
c. San Diego County Animal Control, Joe Welch
* Dogs do not bite without provocation.
* Children want to play with dogs, and the only way a dog can say "NO" is by snapping .
4. PUBLIC COMMENTS
a. Tina Heller
* An animal needs to be exercised. * Suggests designating seasons: Ban the dogs during the summer months. This is from a health and practical point of view -
- dogs prefer to lie in the cool shade during the heat of summer, and there are too many people on the beach.
winter ok for dogs on the beach.
b. Connie Borda
* Agrees that dogs need to be exercised * Suggests allowing dogs on park grounds after hours (i.e., evenings, early mornings).
c. Debra Bayess
* As citizens of Carlsbad, we should be allowed to enjoy the beach with our pet. * Opposes a total ban. * Suggests: winter months, and/or restricting to certain hours.
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d. Elizabeth Fitzpatrick
* Notes that in San Diego, there is one beach and Fiesta Island where dogs are a1 1 owed.
* Suggests designating the beach area across from Encina and along the bluffs, as an ideal place to allow owners to run their dogs without offending homeowners or sunbathers.
e. Danna Gale Olson, D.V.M.
* Offered the following comments on behalf of her clients and from the perspective of a veterinarian:
- people regard dogs as members of their family
- there is an undeniable health benefit in the relationship between humans and pets.
- exercising a dog is an inducement to getting the human to exercise
- restrictions, such as the one under consideration, unnaturally prohibit and limit people from including animals in their daily life.
h. Virginia Kaiser
* Opposes the ban
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SUBCOMMITTEE RECOMMENDATIONS
The special projects subcommittee is recommending the Parks and Recreat and discuss the following four options: on Comm ssion review
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Allow the amendment to the ordinance to go into effect on June 1, 1989.
Forego the amendment: allow the ordinance to remain intake. Emphasis should be placed on educating the public that Carlsbad does have leash and nuisance ordinances in effect. The nuisance ordinance should also be posted on the signs at the beach access points.
Establish seasonal restrictions: No dogs on the beach during the summer months, from Memorial Day to Labor Day.
Establish a seasonal time restriction: During the summer months, Memorial Day to Labor
Day, dogs would be permitted on the beach before 8:OO a.m. and after 6:OO p.m. The other months, they would be permitted on a leash at anytime.
POTENTIAL ALTERNATIVES / ADDITIONAL OPTIONS THAT MERIT CONSIDERATION
Investigate whether the beach area, owned by SDG&E in front of Encina, could be opened to dogs, with their owners still observing the municipal ordinances.
When the walkway along Batiquitos Lagoon opens, consider permitting dogs on a leash to walk with their owners. Dogs aren't exempted from any lagoon now.
When Macario Canyon Park opens, consider permitting dogs on a leash to walk with their owners.
Re-evaluate the restriction against dogs in City parks, and consider permitting dogs on a leash to walk with their owners during early morning and late evening hours when recreation programs are not operating and people are not generally present.
Since enforcement of the dog related municipal ordinances is difficult, it may be advisable to hire lifeguards who have the power as peace officers to give citations. Their presence would serve a dual purpose.
AS PART OF OUR FINDINGS:
1. Place additional trash cans around, on and near the beach to make it convenient for people to comply with the law.
2. Include the exclusion for "signal and service dogs" in the ordinance.
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