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Home My WebLink About1997-08-18; Parks & Recreation Commission; 897-6; Citizen Request to establish dog parkPARKS & RECREATION COMMISSION -AGENDA BILL AB# 897-6 MTG 8-18-97 DEPT CSD TITLE : CITIZEN REQUEST TO ESTABLISH A "DOG PARK" (ACTION) RECOMMENDED ACTION : Pursuant to Municipal Code, Chapter 11.32 "Parks and Beaches" Section .OS^'Unlawful acts", your action would be to deny a citizen request to establish a "Dog Park" at Pio Pico Park. ITEM EXPLANATION : The Parks and Recreation Commission has received a written citizen request to establish a "Dog Park" at Pio Pico Park (Exhibit 1). Several times each year, staff receives inquiries as to the status of provisions for allowing dogs within Carlsbad Parks. The existing Municipal Code does not currently allow dogs in Carlsbad's parks except those accompanying an unsighted person, dogs assisting peace officers, or dogs participating in shows or obedience classes authorized by the Community Services Department. Dogs are currently restricted from public parks for reasons related to public health and safety. However, if the Commission desires to pursue this citizen request, several factors should be considered, including but not limited to: • Public Health and Safety • Notification of adjacent neighbors and possible appeals • Budget considerations • Provisions for other similar facilities within other quadrants of the City • Potential liability related issues • Maintenance related issues • Changes to existing Municipal Code requiring City Council action O < COen o EXHIBITS: O 1. Citizen requests to the Parks and Recreation Commission - August 7, 1997 2. Carlsbad Municipal Code 11.32.032 53 7, Memo from Fletcher L'Heureux (photo attached) to Parks and Recreation Commission, att: Ken Price R.e: Leash-free Canine Interactive Area, aka Do^ Park When my people, Ann and Hap L'Heureux, take me to Palm Desert, we always visit their Do^ Park. It is smaller than the lot our house sits on, there is a 4 foot fence around it with two »ates, some trees, scruffy erass, a bench, a water spigot and drinkine; bowl, a trash can and some pooper scoopers. I think mulch from the city chipper would work better than *ra.ss, and wouldn1 1 have to be watered or moved. It is reallv fun to meet the other do-; s there. We run around and around, getting out lots of energy. Sometimes we play ball with our people, but usually the'/ sit on the bench and let us interact. I've never seen a fi;ht there, or anv other rude behavior, and the people are ver'' eood about scooping because if they don't other people ?,lare at them! Walking on the top of the sea w^ll is o.k. , but I do have to be leashed and there are all those bladers and strollers and people runnina; which can be confusin?. If you are an only do* you do ?,et lonely for the comoanv of other do^s. I surest that a Do? Park on the otherwise unused park space on Pio Pico north of City Hall mia;ht be enjoyed very much. It is already walled on the east side and there are trees. Perhaps some interested people mi^ht volunteer to help set it up. I will be happy to testify at /our meeting on August 18. Than. ,ou. EXHIBIT Fletcher L'Heureux, with some help from Ann L'Heureux 54 Chapter 11.32 PARKS AND BEACHES Sections: 11.32.010 Parks—Scope. 11.32.020 Beaches—Scope. 11.32.030 Unlawful acts. 11 J2.040 Glass containers on beach— Prohibited. 11.32.050 Public dances. 11.32.060 Violations—Seizure of property. 11.32.070 Carlsbad seawall—Pedestrians only. 11.32.080 Restrictions of areas for exclusive use of surfboards. 11.32.090 Hours surfboarding is prohibited. 11.32.100 Application of Sections 1132.080 and 11 J2.090 to lifesaving devices. 11.32.010 Parks—Scope. For the purpose of this chapter, parks shall in- clude all dedicated parks, parks established by ad- verse uses, planted areas open to the general public, parks on leased property, planted parkways, trian- gles, and traffic circles maintained by the city, ex- cept parkway strips between curb and sidewalk or behind curb, along the several streets and highways of the city. (Ord. 3222 § 2 (part), 1987) 1U2.020 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. (Ord. 3222 § 2 (part), 1987) 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: 11.32.010 (1) To dump or deposit any trash, refuse, rubbish, litter, or other kind of waste materials, except in approved containers specifically placed and desig- nated to receive such waste materials; (2) To start or maintain any fire, except in such areas as are specifically designated by the city man- ager for such fires, including stoves, barbecue pits, fire rings and the like; (3) To commit any act of vandalism, including the damaging or destroying of trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or to deface the same, or to pick any crops, fruit or flow- ers in any portion of such public park or beach; (4) To bring into or use any firearms or air or gas or spring-propelled guns, sling shots, bows and arrows, except that bows and arrows may be permit- ted in such portions of public parks or beaches which are specifically designated by the city manag- er for archery or other projectile-throwing devices; (5) To discharge or set off firecrackers, torpe- does, rockets or other fireworks except where a special event permit has been granted pursuant to Chapter 8.17; (6) To stable, pasture or keep animals or insects; (7) To enter any portion of a public park or beach in the city, or buildings or portions thereof in such public parks and beaches which are posted with signs stating "no entry," "keep out," "no tres- passing," "closed area" or other prohibition of entry; (8) To enter any portion of or be in a public park or beach in the city at a time of the day, or on a day of the week, when such entry is prohibited by a clearly legible sign posted at each entrance to such public park or beach. The city manager is given authority to post such signs; (9) To park any automobiles or any other vehi- cles in any public park or beach in the city, except in areas specifically designated as parking areas by the city manager, (10) To construct or erect on any portion of a public park or beach in the city any building, fence or structure of whatever kind, whether permanent or temporary in character, or run, or string or install any public service utility into, upon or across such 344-1 *~no a EXHIBIT 2 /^S 99 7-6 11.32.030 lands, except on special written permit of the city manager as to temporary items and of the city coun- cil as to permanent items. Each day such condition exists shall constitute a new and separate offense; (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. Nothwithstanding any other provisions of this chapter, this section does not apply to the Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. This prohibition does not apply to a dog accom- panying an unsighted person, dogs while assisting peace officers in law enforcement duties, or to dogs participating in shows or obedience classes autho- rized by the Carlsbad community services depart- ment on specified areas of parks or beaches. (12) To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer; (13) To camp or lodge therein except in areas designated and posted on camping sites by the city manager, (14) To play or engage in any sport or sporting event in any picnic area; (15) To disturb in any manner any picnic, meet- ing, service, concert, exercise or exhibition; (16) To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or advertising device or matter of any kind; (17) To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless granted a valid permit by the city council; (18) To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without permission of the city council; (19) To use or operate any motor-powered vehi- cles 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 autho- rized by San Diego Gas and Electric Company in 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 perfor- mance 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 protec- tion 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; (20) No person who is over six years of age shall enter or use any water closet, restroom, dressing room or other facility designated for exclusive use by persons of the opposite sex in a public park or beach; (21) For any person to assemble, collect or gath- er together in any walk, passageway or pathway set apart for the travel of persons through any park or beach or to occupy same so that the free passage or use thereof by persons passing along the same shall be obstructed in any manner, (22) Nothing herein contained shall prevent the operation of motor vehicles and free right of public access over, or across any validly dedicated public street or road in the city; (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 authorized by the Carlsbad community services department 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. (24) No person shall play or practice golf or swing any golf club within any park within the city, except in such areas and to the extent as may be authorized by posted signs authorized by the city. (Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3, 1989; Ord. NS-51 § 1, 1989; Ord. 3222 § 2 (part), 1987) (Carlsbad 10-94)344-2