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HomeMy WebLinkAbout2000-08-08; City Council; 15862; Allowing Dogs at Designated Park Sites(i qu J f- CITY OF CARLSBAD -- AGENDAZLL AB# \S,%ba : TITLE DEPT.H&f$ MTG. 8/8/00‘ REPEAL ORDINANCE ALLOWING DOGS AT DEPT. Recreation DESIGNATED PARK SITES CITY MGRW RECOMMENDED ACTION : Introduce Ordinance No. tis* S’s 7 which amends Title1 1 Chapter 11.32.030 Parks and Beaches prohibiting dogs in Carlsbad parks with the exception of any parks or portion of a park specifically designated for dog use by the City Council. ITEM EXPLANATION: On January 11,2000, the City Council recommended approval (4-l) to develop a temporary enclosed dog park at the upper area of Larwin Park. Council directed staff to refer the matter to the Planning Department for processing of a Conditional Use Permit (CUP) and environmental review, and to return with amendments to Chapter 11.32.030 (11) and (23) of the Carlsbad Municipal Code to allow dogs within that specific site. With the need to incorporate the appropriate changes in Chapter 11.32 of the Carlsbad Municipal Code, staff is recommending the following changes to the Ordinance: l In Section 11.32.030 (11) dogs are not allowed in Carlsbad’s parks or on Carlsbad beaches. This prohibition does not apply to a dog accompanying an unsighted person, dogs while assisting peace officers in law enforcement duties, or to dogs participating in shows or obedience classes authorized by the Community Services Department on specific areas of parks or beaches. Staff recommends the inclusion to exclude dog parks or other areas specifically designated for dog use into this section of the ordinance. l The only change to Section 11.32.030 (19) is to delete the name of San Diego Gas and Electric Company and replace it with the “Owners of the outer Lagoon”. l Section 11.32.030 (23) is recommended to provide an exception from prohibiting dogs in Carlsbad parks or portion of a park specifically designated for dog use. FISCAL IMPACT: There will be no fiscal impact by the revision made to this ordinance. EXHIBITS: 1. Ordinance No IQS - ss7 2. Redline version of amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - h REDLINE VERSKJN OF AMENDMENTS “11.32.030 Unlawful Acts (I 1) 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. Notwithstanding any other provisions of this chapter, this section does not apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. This prohibition does not apply to a dog accompanying an unsighted person, dogs while assisting peace officers in law enforcement duties, dog pa!la# w oIh@r 8r08s $@WioaIly dee@%#M f’or w w by tha C&y CounoiI, or to dogs participating in shows or obedience classes authorized by the Carlsbad community services department on specified areas of parks or beaches. (19) To use or operate any motor-powered vehicles at any time, except as permitted by the city manager in designated streets or parking areas or as part of a . supervised recreational activity or as authorized by i m theb o~nenr of the outer lagoon. This subsection does not apply to officers, agents or employees of the United States, the state of California, the city, or public utility companies or other local government agencies, when they are using motor-powered vehicles in the performance of their official duty, nor to the use of motor-powered vehicles in emergencies when it is necessary to use them for the preservation or protection of life or property, nor to utility companies using motor-powered vehicles for the installation, maintenance, repair or servicing of utility lines, generation, intake and outfall facilities, cooling water resources and other related facilities; (23) 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 subsection shall not apply to dogs participating in shows or obedience classes authorired by the Carlsbad community services department in specified areas of parks, dog parka or other ewb4#) sp&fiWy des&WM for dog 1ps4 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 area. EXHIBIT 2 4 . . 1 2 3 '4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2000, and thereafter, PASSED AND ADOPTED at a regular meeting of the City Council for the City of Carlsbad on the day of 2000, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST LORRAINE WOOD, City Clerk 5