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Home My WebLink About1997-10-20; Parks & Recreation Commission; 1097-6; Citizen Request - Dog ParkPARKS & RECREATION COMMISSION - AGENDA BILL AB# 1097-6 MTG. 10-20-97 DEPT. CSD TITLE CITIZEN REQUEST TO ESTABLISH A DOG PARK (ACTION) RECOMMENDED ACTION : Consider issues related to the establishment of a Dog Park and recommend denial of the citizen request. ITEM EXPLANATION : During the August 18, 1997 Parks and Recreation Commission meeting, a citizen had requested the Commission consider the development of a Dog Park at Pio Pico Park. After discussion, staff was directed to further explore the feasibility of a Dog park at Pio Pico Park or another park location. Accordingly, staff has met to discuss the issue and will address the following items with respect to establishing a Dog Park in Carlsbad. - Existing Municipal Code relevant to dogs in parks - Risk/liability/public health/safety issues - survey results - site location considerations - budgetary considerations - development process • Municipal Code Regarding Dogs in Parks The current Municipal Code, Chapter 11.32 entitled Parks and Beaches, section .030 "unlawful Acts" states that 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) ... 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 the _ Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. This prohibition does not apply to a dog accompanying an unsighted person, dogs O while assisting peace officers in law enforcement duties or to dogs participating in shows or obedience classes authorized by the Carlsbad Community Services Department on specified areas of parks or beaches. toto (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. 29 Page 2 Risk Liability/Public Health/Safety Issues The Municipal Code as it exist now with reference to dogs in parks was introduced under the guidance of the City Attorney's office and ultimately adopted by the City Council many years ago. These ordinances were adopted with the best interest in mind for the public health and safety. The public health issues associated with dogs in parks are clearly evident and can be argued either way depending upon the responsibility (or lack thereof) assumed by the dogs owner. However, the removal of dog feces can be more readily addressed than that of urination and the cumulative effect that such a situation creates over time. Regardless, staff is not prepared to address this issue further, other than to say that the associated public health issues should be considered closely prior to recommending establishing an area where dogs run free in a park area. In terms of public safety and risk exposure, a dog park would allow uncontrolled interaction between multiple dogs and dog owners of all ages. Given any individual situation, the behavior of dogs (and people for that matter) can range from happy, harmless and playful to disturbed, aggressive and harmful. Admittedly, interjecting this negative connotation may be alarming. However, it is (in part) for reasons associated with the unpredictable behavior between dogs and people unfamiliar to each other that ordinances banning dogs from parks exist. As a way of controlling this situation more closely, most agencies that do allow dogs in parks have established and enforce leash laws. Survey Results The Park Superintendent has contacted several agencies to see how their ordinance and policies relate to provisions allowing dogs in public parks. Staffs research has found that there are generally two approaches to this issue: 1) Dogs are not allowed in public parks, and, 2) Dogs are allowed on leashes and clean up after the dogs is required. Staff did find two cities that have specific areas in parks which allow dogs to run free inside a fenced area. Another agency had developed a committee which was trying to raise funds to purchase a parcel of land just for dog use. The agencies that allowed specific parks for dogs did have several usage rules. The following chart shows how other survey cities address provisions for dogs in parks. ', $IWi " , , '-' '"\''**- ' < Carlsbad Chula Vista Del Mar El Cajon Encinitas Escondido Huntington Beach Newport Beach Oceanside Palm Springs Poway San Clemente Vista WU®$t DQ$$3f JWRRBC <' '^^&ii&m'im£" '-" X X j X X** X* X X X* x 3 ' NO rX>GS ALLOW£CMN•; «'<";< "'Mac*'' " „ X X X X1 *Has specific fenced area for dogs only ** Allows dogs to be off leash at specific times (a.m.-p.m.) only at two specific parks. Page 3 • SITE LOCATION CONSIDERATIONS Staff has reviewed the existing and future park inventory with regards to this issue. For reasons related to lack of existing infrastructure and/or a desire to not create an expectation that a future park site would permanently house a dog park , staff focused its review of areas on existing park sites only. In review of existing park locations, staff determined that Pio Pico park would be more conducive for a dog park than other areas surveyed for the following reasons: - Size (.76 ac) - Minimal uses would be displaced - Fewer neighborhood impacts than other locations - Existing landscape features (no turf) - visibility and on street parking Other park locations which were considered included: - Oak Park - Maxton Brown - Rotary - Hosp Grove - Cadencia - Cannon Lake Park • BUDGETARY CONSIDERATIONS According to the Parks Superintendent, the following is a cost breakdown which will be required to develop the Pio Pico park site into a Dog Park. - Install fencing $9,000 - Install watering devise $1,000 - Install/provide pooper scoop 500 - Install benches $2,000 - Install signage 500 * Minimum Development Costs $13,000 * Annual maintenance $ 3.000 Development funds and annual maintenance costs have not been budgeted for in the 1997-98 operating budget. • DEVELOPMENT PROCESS If the Commission recommends to establish a Dog Park at Pio Pico Park or any other park site with the City's park inventory, it will require an amendment to the existing ordinance which currently does not allow dogs in Carlsbad's parks. Accordingly, such action will require the issue to go before the City Council for approval. In addition, the other areas of review will include but may not be limited to the following: - Risk Manager/City Attorney's office - City Council - Conditional Use Permit (Planning Department & Planning Commission) - Neighborhood notification process - Budget review .ol Page 4 CONCLUSION When this item was initially introduced, staff's recommendation was to deny the request. Staff's recommendation remains the same for reasons primarily related to risk / liability / health and safety. As stated previously in this report, the municipal code relating to dogs in parks was introduced and approved by Council as a means to address these concerns. If the Commission recommends to proceed with establishing a Dog Park, staff suggests that such a decision be made after carefully considering a number of issues including existing ordinances, costs, health / safety / liability, neighborhood disruption / opposition and Carlsbad's overall Park and Recreation Program Development philosophy. 32