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HomeMy WebLinkAbout1989-03-20; Parks & Recreation Commission; 389-3; Dog Ordinance and alternativesPARK & RECREATION COMMISSION - AGENDA BILL AR* 389-3 MTO 3-20-89 nFPT P & R TITLE: DOG ORDINANCE ANB ALTERNATIVES DEPT. HD. filTY ATTY CITY MGR. zo Z O oU RECOMMENDED ACTION: Review the Sub Committee's report on the Dog Ordinance issues and recommend to City Council alternatives for consideration relative to the Dog Ordinance. ITEM EXPLANATION: City Council referred the Dog Ordinance issues to the Parks and Recreation Commission at the January 10, 1989 Council Meeting with the request that the Commission look into alternatives and made recommendations prior to the June 1st effective date of the Dog Ordinance. At the February 27, 1989 Commission meeting, a Sub-Committee was formed to review the Dog Ordinance issues and to report back to the Commission at the March 20, 1989 meeting. The notes of the two public meetings and the written input received are attached for the Commission's review. EXHIBITS: 1. Notes from the March 8th and 9th public meetings. 2. Mail-in comments from the public received prior to the public meetings. 0 0009 WEDNESDAY MARCH 8, 1989 CALAUEPfl HILLS PARK COMMUNITV CENTER PARKS AND RECREATIOH COMMISSION SPECIAL PROJECTS SUB-COMMITTEE: Shirley Dahlquist, Chairperson Marjorie Morrison Kim Helshons PARKS AND RECREATION STAFF ADUISOR: Lunn Chose, Recreation Superintendent RESIDENTS REPRESENTING PRO & CON POINTS OF VIEW: Nancy Koontz and Don Jackson CONSULTANTS: (A) Jim Hawks, Carlsbad Police Department (B) Joe Welch, San Diego County Animal Control (C) Bill Fate, State Department of Parks and Recreation AUDIENCE ATTENDANCE: 14 people in audience, plus, the 2 citizens seated at the head table = J£ total. 1. USUAL REFERENCE Coastal Map delineating Carlsbad's "Beaches" where the amendment to Ordinance No. NS-51, passed by the City Council on January 16, 1989, would in effect "prohibit dogs from all city beaches", with an effective date of June 1, 1989. I CORRESPONDENCE To date, 8 letters have been received by the P&R Dept. 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 the beach. b. Georgia Schramn * Opposes the ordinance banning the dogs. c. Edward and Louise Thdke * Concurs with the ban. d. WHHcim Thompson * Opposes a total baa * Suggests setting aside areas for dogs only. e. Sheila Ktbow * She is a beach front owner and is against a total ban. * She exercises her dog on the beach. f. Jack and Margie Stuhmer * Opposes the ordinance. * NouW endorse a "pooper-scooper" law. /-\ fl O 1 H g. Anita & Matt Cappuccili * Opposes the ordinance. h. 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. *#MOIE: Two of the people that put their comments in writing, were also present in the audience: Georgia Schramn and Sheila Kebow. Page Two ). 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. b. Con-Advocate, Nancy Koontz # opposes a total ban. # advocates a clean-up law. # suggests: designated hows designated areas where dogs would be allowed on the beach. c. Carlsbad Police Department, Jim Hawks 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 cads. * 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 Calif- ornia Administrative Code banning dogs from State beaches. Clearly, whatever the outcome of this ordinance, the Cky should update the terminology of the dog ordinance to comply with the wording of the State's Code. # In 1988, there were 668 citations issued for violations that occured along the 19 mites of coastline (beaches), from Carlsbad to Torrey Pines. Roughly 2V., or 158, of the citations were for dog violations. And, those were primarily leash violations. # The State employs over 188 lifeguards, of which, only 7 are licensed peace officers, and they are the only ones who can issue citations. # The State employs a yew round staff of lifeguards; however, the majority of the lifeguards begin working June 15 (when school gets out), til the week after Labor Day. During this period, their daily hows are 1848 am — 6:88 pm. e. County Animal Control, Joe Welch # The County wM respond to a cad about a loose dog, generally, after the Carlsbad Police Dept. has determined the appropriate action to take. # Dogs win be dogs, and they do what comes natural to them, i.e., digging sand on the beach. People have a tendency to get upset when they are in the path 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 naturatty friendly, wants to play with or pet a dog. The actual number of dog bites handled by the County at the beach was not availabe for this meeting. 0 0011 Page Three PUBLIC COMMENTS a. Cmdi Hard # 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 lauus, hours, and/or months when doqs would be allowed on the beach. # Pointed out, there is 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. Geogto Schramn # Suggests establishing time restrictions, when the dogs mag be allowed on the beach. However, due to the variability of the tides, this mag or mag not be practical or acceptable. # 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 # Requests that the newspapers clearly print the laws (leash and nusiance) in an attempt to educate the public. * The issue is: a lack of understanding of the laws. * Concerned about the parks, he would like the ordinance amended to allow dogs 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. g. Mrs. Castillo # Opposes the total ban. # Using common sense, she always cleons-up after her dog when she wotks with him along the beach. # Suggests allowing dogs on the beach in the early, morning hows and late afternoon/evening hows. h. Mr. Castillo # Opposes the total ban. * Suggests seasonal restrictions: From Memorial Day to Labor Dag (Summer) ban the dogs; then oHow them on the beach during the winter. i. Kay Bishop * Admitted ignorance that there was a "pooper scooper" law. * She lives along the beach. * Suggests: alow a grace period to educate the public, and give theman opportunity to "clean-up" their act. 0 0012 Poge Four PPELIMINflPV OBSEBUflTIONS COMMENTS. AND SUGGESTIONS 1. The beach and the sand are for people (not for doqs). 1. Clearly, there is a communication qap: a. The people are not aware that there is an ordinance on the books requiring, doq owners to clean-up after their animals (otherwise known as the "pooper-scooper" law). b. Sand is sand, and the people are unaware of where the control of one beach ends and the control of the next beach beqins; i.e., City Beaches and State Beaches. Siqns 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, banninq doqs from the beach, wiH undoubtedly, be difficult to enforce. As the saujnq qoes, "what qood is a law if you can't enforce it", or it's too impractical to enforce, or to costly to enforce. 4. A compromise solution mag be to designate seasons and/or hours when doqs may be allowed on the City's beaches. SUMMATION OF MEETING »QNE 1. Leave the law as it stood before (foreqo the admendment to the Ordinance). 2. Place emphasis on educating and informing our residents and the transient public visiting our beaches, that we do have in effect a leash law and a clean-up ordinance. 3. Include the exclusion for "signal and servcice doqs" in the ordinance. 4. 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. 5. 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 rennovations that have occurred since the ordinance was written, (i.e., sidewalk extension, fences and guardrails) 6. Post signs on the beach to help users distinguish the State Beach from the City Beach. 7. Publish and post maps that deineote the streets that form the boundaries of the City Beac; the bluffs where dogs may wait on a leash, and where the State Beach begins and ends. 8. Advertise the boo/fines for: no leash, and failure to "clean-up" after your dog. 9. Assume a positive, responsible posture, encouraging our residents — THEY CAM KEEP OUR BEACHES CLEAN! 16. Consider "burying" the waste, as an option to qet people to clean-up after their dogs. 11. 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 truing to comply with the leash and nuisance ordinances. 0 0013 Page Five THUR5DAV, MARCH 9, 1989 STAGECOACH PARK COMMUNITY CENTER PARKS AMD RECREATION COMMISSION SPECIAL PROJECTS SUB-COMMITTEE: PARKS AND RECREATION STAFF ADUISOR: CONSULTANTS: AUDIENCE ATTENDANCE: Shirley Dahfquist, Chairperson Tony Lawson, Alternate Kim Weishons Lynn Chase, Recreation Superintendent (A) Jim Hawks, Carlsbad Police Department (B) Joe Welch, San Dieqo County Animal Control 8 people in the audience 1. VISUAL REFERENCE The committee and audience again hod on opportunity to view the coastal mop showing the City Beaches and State beaches. 2. cwKsrommcE Seven letters^were received by the P&R Dept in the 24 hours since the meeting at Calavera Hills Pork. a. Nonet* Keating * Suggests truing what San Diego has arranged with their dog owners: along La JoNa Stores, dogs are petmitted on the beach before 940 am, and after feW pm. b. Lori Fretourger Achenbach * Approves of dogs on the beach. c. Dana Can Okon "-> Approves -otdog* * Dog* shoutf b*»ol6u»d » occomponM their owners in f She oj)ftos«tftt mw :;ff whMt tte ofdmancriiw - d. Ftepalrick ' - , ,, ;s:^ * Suggets an aftewative location where dogs might be slowed on the beach: across from the Encina Power Ptaht (5D6&E). There are high bluffs and few people sun bath there. * In comparison, th* trash recklessly discarded by people, dirties our beach far more than the dogs. e. Joseph Konarock * He is in favor of banning the dogs from the beach. f. Uonderknden - * Favors the baa g. J.M. Ukjl * " * Favors the ban. * It's 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 Fkz patrick and Donna Gale Olson. 0 0014 Page Six 3. GUEST SPEAKERS o. Con-Advocate, Nancy Koontz # The total ban K overkill. # She is willing to work with alternatives, as are most doq owners. # She cited other coastal communities that have made it work (people and doqs 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. He b. Carlsbad Police Department, Jim Hawks # In response to the inquiry about an alternative site where dogs might be allowed to run on the beach, Mr. Hawks cautioushj acknowledged mat the two citizens who had suggested the coastal area across from Encina, from the lot north of 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 muki- ' 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 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: winter ok for dogs on the beach. 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. b. Connie Borda * Agrees that dogs need to be exercised. * Suggests oBowing 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. * Suggets: winter months, and/or restricting to certain hours. d. Elizabeth Fitzpatrick * Notes that in San Diego, there is one beach and Fiesta Island where dogs are oSowed. * Suggests designating the beach area across from Encina and along the bluffs, as an ideal place to allow dog owners to run their dogs without offending homeowners or sunbathers. 0 0015 Page Seven e. Dcinnci Gate Olson, O.U.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 —exeicisinq 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 Kfe h. Uirginia Kaiser * Opposes the ban. 0 0016 Pnqe Eiqht SUBCOMMITTEE RECOMMENDATIONS The specie) projects subcommittee is recommending the Porks and Recreation Commission review and discuss the following four options: 1. Allow the amendment to the ordinance to 0.0 into effect on June 1, 1989. 2. 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 siqns at the beach access points. 3. Establish seasonal restrictions: Mo doqs on the beach during the summer months, from Memorial Dag to Labor Day. 4. Establish a seasonal time restriction: During the summer months. Memorial Day to Labor Day, dogs would be permitted on the beach before 8:88 am and after 6:86 pm. ^u? oftlW YVVf>tHl3 , -{ji£u • \>L p&wtftiA G^Lsidu^ d awtfWM . <j POTENTIAL ALTERNATIUES / ADDITIONAL OPTIONS THAT MERIT CONSIDERATION 1. Investigate whether the beach area, owned by SDG&E in front of Encina, could be opened to dogs, wkh their owners still observing the municipal ordinances. 2. Nhen the .walkway along Batiqukas Lagoon opens, consider permitting doqs on a leash to walk with their owners. " ). Nhen Macario tanuon Park opens, consider permitting doq$4xi a leash to walk with their owners. 4. Reevaluate 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. 5. Since enforcement of the dog related municipal ordinances is difficult, it mag be advisable to hire lifeguards who have the power os peace officers to give citations. Their presence would serve a dual purpose. AS PART OF 00 FMNNCS 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. 0 0017