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HomeMy WebLinkAbout2022-03-17; Dogs in Parks History of Prohibition and Study of Allowance (Districts - All); Barberio, GaryCouncil Memo -Dogs in Parks -History of Prohibition and Study of Allowance (Districts -All) March 17, 2022 Page 2 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. 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. a. Notwithstanding any other provisions of this chapter, this section does not apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. b. This prohibition does not apply to a dog accompanying an unsighted person, or other person who by reason of medical necessity must be accompanied by a dog, dogs while assisting peace officers in law enforcement duties, dog parks or other areas specifically designated for dog use by the city council, or to dogs participating in shows or obedience classes authorized by the Carlsbad community services department on specified areas of parks or beaches. c. This prohibition does not apply to Leo Carrillo Ranch Historic Park with a valid park and facility use permit issued by the city manager or designee authorizing one or more horses, ponies, or horse drawn carriages; 23. No person shall allow any dog owned by him or her or any dog subject to his or her 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, dog parks or other areas specifically designated for dog use 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; The history of this prohibition dates back nearly a half century. Within City Council Agenda Bill No. 707, Supplement No. I, Ordinance Prohibiting Presence of Dogs and Golfing in Parks (Attachment B), on March 29, 1972, the City Manager indicates: "This ordinance is necessary to protect City Parks from the current abuse they receive from these activities. Recommend approval." Within the same City Council Agenda Bill Supplement, on April 4, 1972, the Council Action indicates: "Due to a recent court decision concerning dogs entering upon public property, the City Attorney was instructed to research the decision and action on Ordinance No. 3091 was deferred until the next meeting." Lastly, within the same City Council Agenda Bill Supplement, on April 25, 1972, the Statement of the Matter indicates: " ... It has become necessary to prohibit the presence of dogs and golfing in City parks, not only because of the hazard presented, but because it is unpleasant for park users and maintenance personnel to play and work among dog droppings or flying golf balls and divots." Ordinance No. 3091, Prohibiting Presence of Dogs and Prohibiting Golfing in Parks, Amending Ordinance No. 3083, adopted on May 16, 1972, and reads in part: "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." Council Memo -Dogs in Parks -History of Prohibition and Study of Allowance (Districts -All) March 17, 2022 Page 3 On Nov. 24, 1981, staff presented City Council Agenda Bill No. 6821, regarding dogs in parks (Attachment C). At the direction of the City Council, staff had researched state ordinances that pertained to dogs on the state's beach. The City Council discussion, "reflected the need for the ordinance to be consistent with the state requirement for dogs on beaches ... " During the course of research, staff discovered that a conflict existed between two city ordinances. Under one ordinance, dogs were allowed in parks "when led by a cord or chain not more than six feet long," while under the other ordinance dogs were "prohibited from entering any park within the city." In a memorandum to City Manager Frank Aleshire, Parks & Recreation Director David Bradstreet states: "Dogs in the park have created the following concerns: 1. Complaints from park participants, park personnel, and nearby residents. 2. Lack of a healthy and sanitary environment resulting from excrement. 3. Scattered trash and turf damage. 4. Fear of potential biting." On Dec. 15, 1981, the City Council adopted Ordinance No. 3142, which affirmed that dogs would not be allowed to enter any park within the city. On Jan. 10, 1989, staff presented City Council Agenda Bill No. 9812, regarding the prohibition of dogs from parks and beaches (Attachment D). At the direction of the City Council, in response to a citizen's complaint, staff proposed further amending the Carlsbad Municipal Code to prohibit dogs from the city's parks and beaches. On Jan. 17, 1989, the City Council adopted Ordinance No. NS-51, which prohibited dogs from all city parks and beaches. Exceptions to this ordinance included the three lagoons within the city, dogs accompanying an unsighted person, dogs while assisting peace officers in law enforcement duties, and dogs participating in shows or obedience classes authorized by the Parks & Recreation Department on specified areas of parks or beaches. On Jan. 11, 2000, staff presented City Council Agenda Bill No. 15,570, regarding the establishment of a dog park (Attachment E). At the request of the Parks & Recreation Commission, staff recommended the City Council establish a dog park at the upper area of Larwin Park (now Hidden Canyon Park), and amend the Carlsbad Municipal Code to allow dogs in that park site. The City Council directed staff to process a Conditional Use Permit and environmental review for the dog park, and to return with amendments to the Carlsbad Municipal Code. On Aug. 8, 2000, staff presented City Council Agenda Bill No. 15,862, regarding allowing dogs at designated park sites (Attachment F). At the direction of the City Council, staff returned with amendments to the Carlsbad Municipal Code to allow dogs in parks (or portions thereof) specifically designated for dog use. On Aug. 16, 2000, the City Council adopted Ordinance No. NS-557 (Attachment G), amending the Carlsbad Municipal Code accordingly. Council Memo -Dogs in Parks -History of Prohibition and Study of Allowance (Districts -All) March 17, 2022 Page 4 Since August 2000, the city has constructed a second dog park at Alga Norte Community Park, has a third dog park under construction at Poinsettia Community Park, and has a fourth dog park under design at the Village H South open space. Additionally, since the city incorporated in 1952, leashed dogs have been allowed along city trails. The upper sea wall pathways, which bisect the Ocean Street Sculpture Park and the Tamarack Upper Picnic Facilities, are included within the citywide trails mapping as Type 6 Mobility/Multi-Use Paved Pathways. The public sidewalks extending to the north and to the south of the upper seawall pathways are included within the citywide trails mapping as Type 5 Mobility/Connector Sidewalks. Thus, leashed dogs are allowed along these city trail segments as well. Brief Study of the Potential Allowance of Dogs in Parks In order to allow dogs in city parks, an amendment to the Carlsbad Municipal Code would need to be adopted by the City Council. To date, the City Council has not requested that staff draft such an amendment to the Carlsbad Municipal Code for its consideration. By adopting such an amendment, the City Council would be increasing the city's liability exposure specific to dogs in parks. Because the city is self-insured, and therefore does not pay advance premiums, there would be no initial increase in insurance costs as a result of adopting such an amendment, but there may be an increase in settling insurance claims or lawsuits specific to dogs in parks. There would also be an increase in maintenance costs as a result of adopting an amendment to the Carlsbad Municipal ode allowing dogs in parks. One-time costs would include the replacement of all aforementioned regulatory signs posted at the vehicular entries and major pedestrian accesses of each city park. One-time costs would also include the staff recommended installation of dog waste bag stations throughout city parks. Dog waste bag stations are already installed in each city dog park, and along all city trails. Staff preliminarily estimates the one-time costs associated with these actions would exceed $50,000, which is not accounted for in the Parks Maintenance Operating Budget. A detailed estimate of these one- time costs, and a request for additional appropriation to the Parks Maintenance Operating Budget, could be prepared upon direction from the City Council. Ongoing maintenance costs would include the stocking and servicing of the added dog waste bag stations, the removal of dog excrement from trash receptacles and from other areas throughout city parks, the power-washing of dog urine from trash receptacles, light posts, picnic tables and shelters, benches, concrete slabs and pathways, and the replacement of natural grass and shrubs due to the impacts of dog urine and/or digging, and the repainting of light posts and picnic shelter supports due to the impacts of dog urine. Staff preliminarily estimates the annual costs associated with these actions would exceed $250,000 annually, which is not accounted for in the Parks Maintenance Operating Budget. A detailed estimate of these one-time costs, and a request for additional appropriation to the Parks Maintenance Operating Budget, could be prepared upon direction from the City Council. Council Memo -Dogs in Parks -History of Prohibition and Study of Allowance (Districts -All) March 17, 2022 Page 5 Other Cities in Region and Dogs in Parks Staff recently researched the relevant sections of the municipal codes of the other cities within the County of San Diego. Each of these cities, except for Coronado, provide one or more designated off leash dog areas in city parks. Each of these cities, except for Coronado and Escondido at designated sites, also allow leashed dogs in city parks. Lastly, each of these cities allow leashed dogs along city trails. Next steps Staff will continue to enforce the current Carlsbad Municipal Code prohibition of dogs in city parks, unless other direction is received from the City Council. Attachments: A. Carlsbad Municipal Code Section 11.32.030, Unlawful Acts B. Carlsbad City Council Agenda Bill No. 707, Supplement No. I C. Carlsbad City Council Agenda Bill No. 6821 D. Carlsbad City Council Agenda Bill No. 9812 E. Carlsbad City Council Agenda Bill No. 15,570 F. Carlsbad City Council Agenda Bill No. 15,862 G. Carlsbad City Ordinance No. NS-557 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Mickey Williams, Police Chief Laura Rocha, Deputy City Manager, Administrative Services Zach Korach, Finance Director Matt Magro, Assistant Police Chief Bryan Hargett, Police Captain Cindie McMahon, Assistant City Attorney Gary Marshall, Police Lieutenant Allegra Frost, Deputy City Attorney Mick Calarco, Special Projects Manager C I T Y Agenda Bill No. 707 ;Referred To: 0 F CA:! LS BAD, SUPPLEMENT No. I CITY COUNCIL subtect: ORDINANCE PROHIBITING PRESENCE OF ·DOGS AND GOLFING IN PAP.KS C Date: ,--/.· f-('d) A L I F 0 R N I A April 25, 1972 Submitted By: Parks and Recreation Department statement of the Matter: An original ordinance revision was submitted by the City Attorney at the request ;f this department. It was consiaered by th~ City Council during the April 4, 1972·meeting and returned to staff for revision because there was concern about our request to prohibit dogs from c·i ty beaches. That. portion of the proposed ordinance has been deleted "though the State Department of Parks and Recreation will not permit dogs on Carlsbad St~te Beaches after May 15; 1972. (Re~er to attached letter from Mr. ~ack Welch, Area -Manager.) It has become most necessary to prohibit the presence of dogs and golfing in City parks, not only because of the hazard presented, but b~cause it is unpleasant for· park users and maintenance personnei to play and work among dog droppings or flying golt balls and divots. · Exhibit 1. ·ordinance No. 309f 2. ~etter from State Department of Parks and Recreation Staff Recommendations Approval as submitted. ATTACHMENT B STATE CJF CALIFORNIA-RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION P.O. BOX 2390 SACRAMENTO 95811 San Diego Coast A:cea P, 0, Box 38 Carlsbad, California 92008 April 5, 1972 . Mr. Bob Johnson, Director City of Carlsbad Department of Parks and Recreation 1200 Elm Street Carlsbad, California 92008 Dear JIii,, Johnson: RONALD REl\,GAN, Governor Effective May 15, 1972, dogs will be prohibited on the beaches of the San Diego Coast State Beaches. The specific units are Carlsbad, South Carlsbad, Leucadia, Moonlight, San Elijo, Cardiff, and Torrey Pines State Beaches, There are three exceptions. The prohibition does not apply in the campgrounds at South Carlsbad and San Elijo State Beaches or in the Reserve portion of Torrey Pines. Visitors to these three units may still bring their dogs subject to applicable control measures but may not take them on the beaches. Dogs will not be permitted oil. the day use State Beaches at Carlsbad, Leucadia, Moonlight, and Cardiff, All beaches will be posted, Enforceme,nt of the prohibition will be by State Park System personnel in cooperation with the County animal control measures. Campers planning to visit the two caJ141grounds and the reserve are reminded that all dogs must be controlled, may not be left unattended, and are not permitted on the trails within the reserve, Tnis prohibition is being :il!!posed because of the increasing number of dogs being permitted to run loose on the beaches, the hazard to visitors, and the noisome sanitation problem .. We sol~~it the public cooperation, Q.uestions may be referred to the San Diego Coast State Beaches, 2680 Carlsbad Boulevard, Carlsbad, California 92008; phone 729-8947. Sincerely, ~~ IJJ .. duJ Area Manager JPW:mJ"k ATTACHMENT B TO FROM: DATE: SUBJ: ATTACHMENT C M E M O R A N D U M Frank Aleshire, City Manager David Bradstreet, Parks and Recreation Director November 25, 1981 Ordinance Regarding Dogs in the Park On Tuesday, November 24, 1981, at the City Council Workshop, staff was directed to review the state ordinance that pertains to dogs on the beach. (See attached). Our research has shown that dogs are only allowed in specific sections of the beach within the city limits. The beach is patrolled by State Rangers to enforce the California Administrative Code. Staff recommends that the City does not need an ordinance regarding dogs on the beach since the majority of beach property is under State jurisdiction. This subject should be eliminated from the City ordinance. · DB: jw 1 2 3 4 5 6 7 8 9 10 11 12 0 <( to re V) 13 ..J 0 . a: 0 N a: <( "' .., u 14 OLL w ~ 00~~ Z >-w O 9 I-> LL 15 to -4: -u ::; ...I U: • _, .<e >-w u 16 ~W8c:i ~~~~ Z O v, 17 -..... ...I >t--a: <( <( >-. u t--18 i3 19 20 21 22 23 24 25 26 27 28 .. ATTACHMENT C ORDINANCE NO. . 3142 , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.24, SECTION 11.24.130 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUBSECTIONS (11) AND (25) TO PROHIBIT DOGS IN THE PARKS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 11, Chapter 11. 24, Section 11.24.130 of the Carlsbad Municipal Code is amended by the amendment of Subsections (11) and (25) to read as follows: " ( 11) To ride or lead horses, or to hitch, fas ten, lead, drive or let loose any animal or fowl of any kind except as provided in Subsection (25) of this section. This section shall not apply to state parks or state beaches. "(25} 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 section shall not apply to dogs participating in shows or obedience classes authorized by the Carlsbad Parks and Recreation 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." 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. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 1st day of Decenber ·"\ ----, '· 1981 Ill and thereafter ' Ill . . ... -.. ATTACHMENT C 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of said 2 Council held on the 15th day of December 3 lowing v ote to wit: , 1981, by the fol- 4 5 6 7 8 9 AYES: Comcil ¾mbers Packard, Casler, Lewis and Kulchin NOES: Council Men:ber Arrear ABSENT: None ~~,,_L/ RONALD C. PACKARD, Mayor lO ATTEST: ll JJ/:&-RAI,~~ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -~-"\ "' '· \· . 'O i::: i::: <11 0 ·rl ... .µ °' <11 00 Q) ...._H .-I u ...._ Q) '° ~ 4-1<-<l 0 en Q) ~ µ 1-1 <11 (lj 'Op.., qi Ill :> ..c: "rl .µ µ U 0 Q) .µ 4-1 4-1 l-1 W Ill .µ i::: µ (lj <11 = .µ U Ill Ill ..C: .-I .µ 4-1 qi l-1 H Ill 4-1 0 Ill .µ H 'O 'O • Ill i::: C 'O (lj 0 i::: ..-1 Ill rn .µ E= Ill Cd Cd :> 'O "rl i::: rn .µ Ill <11 ~ ~ "H 0 .-I Ill U I.I"\µ Ill I .-I l-1 t/l Cd z 'O :., i::: • Ill Cd 'C •rl l-1 :> :0, 0 Ill Ill H ..-1 'O > Ill O qi U -I.I l-1 ::, 't:l 4-1 H 0 <;.; 0 H t1! 4-1 .µ ,I.I i:: rn i:: ·rl 0 'O ..-1 .-I Ill CJl ..-1 µ rn u u ..-1 § ~ ~ 0 ·rl 0 U't:IU °' co ...._ 0 .-I ---,-t ' - . cr-... r OF CARLSBAD -AGEf.' l BILL AB# ~~I~ MTG. l•IO-f1 DEPT. c. .A. TITLE: RECOMMENDED ACTION: PROHIBITION OF DOGS FROM PARKS AND BEACHES 10 ~ ATTACHMENT D ( (5_/ DEPT. HD. - CITY ATTY~~ CITY MG . If the City Council concurs your action is to introduce Ordinance NS~s, ITEM EXPLANATION: This agenda bill was prepared at the request of Council Member Kulchin in response to a citizen's complaint. It suggests the Council consider amending Carlsbad Municipal Code Section 11.32.030(11) to prohibit dogs from Carlsbad's parks and beaches. The amendment does not apply to any of Carlsbad's lagoons. In addition the prohibition does not apply to dogs accompanying an unsighted person or dogs participating in shows or obedience classes authorized by the Carlsbad Parks and Recreation Department or specified areas of parks and beaches or dogs while assisting a peace officer in law enforcement duties. The code presently allows dogs when they are on a leash. The ordinance, which is attached, would eliminate the exception. If the Council concurs you action is to introduce Ordinance No. NS· S J • EXHIBIT: :;: kJrdinance No. NS-S / . I ti) z . 'C H 0 'C Ill .µ p.. 0 'O t1! ,-t •rl u i::: ::, 0 u °' 00 ---r-- .-I ---.-I .. z 0 ~ _, 0 z :::, 0 0 AB# /~SJO Page2 --ATTACHMENT E The neighborhood notification issue was also a significant concern of the Committee. Prior to the Commissions hearing, the Committee requested that staff notify all citizens who lived within 300 feet of each of these park sites. A Press Release was written and staff went door to door to the residents who lived around each site to make them aware of the upcoming Commission meeting. Press Releases were also sent to the local media to inform the public that this item was on the agenda. As a result of that public notification, the Commission received and considered significant public input relative to the three alternative locations. Although the Commission subcommittee was recommending Larwin Park lower, due to the public comment received, the Commission unanimously recommended an alternative location which will also be subject to public comment if Council follows this recommendation it is further recommended that staff be directed to apply for and process a CUP for the site and obtain an Environmental Review. COMMISSION ACTION:. During the May meeting the Parks and Recreation Commission recommended (6-0) to forward a request to the City Council to establish a temporary dog park at the upper area of Larwin Park and to amend Chapter 11.32 of the Carlsbad Municipal Code to allow dogs at this parksite . . FISCAL IMPACT: The preliminary estimated cost to develop a dog park at the Larwin Park upper area is estimated to be approximately $35,880 with the annual maintenance costs at $3,000 per year. Development costs are preliminary estimates only at this time, pending actual design of the dog park . . EXHIBITS: 1. Dog Park Sub-Committee Report. -May 9, 1999 2. C.M.C. Chapter 11.32 .May 9, 1999 TO: FROM: PARKS AND RECREATION COMMISSION DOG PARK SUB-COMMITTEE DOG PARK SUB-COMMITTEE REPORT ~ ATTACHMENT E As per the direction of the Parks and Recreation Commission, the Dog Park Committee has studied the feasibility of development of a temporary dog park facility in Carlsbad. The enclosed report will summarize the findings and recommendations of the dog park committee. BACKGROUND In June 1998, the Parks and Recreation Commission appointed .a three member committee for the purpose of making recommendations identifying a suitable location for a temporary dog park facility. The committee met several times to address the issues involved with development of a temporary dog park, including such topics as: • Site location • Design criteria • Address the policy issue regarding no dogs allowed in parks • Neighborhood notification • Development and maintenance costs The following information represents the findings and recommendations of the committee. SITE SELECTION / DESIGN CRITERIA The committee has reviewed the existing and future park inventory with regards to identify a site for a temporary dog park site (Attachment 1 ). After an extensive review of possible sites, the committee focused their interests on three individual site locations (Attachment 2). The site locations recommended by the committee in order of priority are: 1. Larwin Park -Lower 2. Larwin Park -Upper 3. Cannon Lake Park Each of these locations provide three distinct opportunities for a temporary dog park. Further analysis of the selection process established a list of criteria which were used to prioritize each site in terms of identifying the best location (Attachment 3). H:/LIBRARY/WORD/KEN'S M&L 199WOG PARK SUBCOMMITTEE REPClRT (KP 5-10.99) EXHIBIT 1 1 ATTACHMENT E POLICY ISSUE REGARDING NO DOGS ALLOWED IN PARKS The current Municipal Code, Chapter 11.32 entitled Parks and Beaches, Section 11.32.030 states that it is unlawful for any person to do any of the following in 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 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. (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 the 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. After considerable discussion regarding the ordinance, it is the committee's recommendation that the C.M.C. Chapter 11.32 should be amended which would allow dogs at the temporary Dog Park site only. NEIGHBORHOOD NOTIFICATION, The neighborhood notification issue was of significant concern of the committee. The sub- committee felt it was extremely important to notify all citizens who live within 300 feet of each of these park sites, that a temporary dog park is being considered, and that it will be discussed at the May 17th Parks and Recreation Commission meeting. Staff was directed to do a Press Release and disseminate it to the appropriate residents. H:,\.IBRARY/WORDIKEN'S M&L 1988/DOG PARK SUBCOMMITTEE REPORT (KP 5-10-98) 2 ATTACHMENT E DEVELOPMENT AND MAINTENANCE COSTS The preliminary estimates* of development and maintenance costs for the three (3) alternative locations recommended by the committee are as follows: Development Costs $21,200 $35,880 $35,880 Annual Maintenance Costs. Larwin Lower Larwin Upper Cannon Lake $3,000 I Yr. $3,000 I Yr. $3,000 I Yr .. Development costs are preliminary estimates only at this time pending actual design of Dog Park. A detail estimated costs are identified on Attachment 4. Attachments: 1. Map of existing and future park sites. 2. Potential Temporary Dog Park sites. 3. Dog Park Design Criteria. 4. Dog Park Cost Estimates. H:ILIBRARYIWORD/KE!'lS MI.L 1999/DOG PARK SUBCOMMITTEE REPORT (KP 5-10-99) 3 ATTACHMENT E DOG PARK DESIGN CRITERIA • 10,000 SQUARE FOOT FENCED AREA FOR DOGS • AVAILABILITY OF WATER • ADA ACCESSIBLE • BENCHES/ SHADE STRUCTURE • CLEAN-UP UTENSILS ARE AVAILABLE • SIGNAGE OF RULES AND REGULATIONS • SITE IS VISIBLE AND HAS AVAILABLE PARKING • MINIMAL NEIGHBORHOOD IMPACTS • A MINIMUM OF 1.5 -2.0 ACRES REQUIRED • MAINTENANCE IMPACT IS ADDRESSED ATTACHMENT 3 H:WORD.l<ENS M&L 1~ PARK DESIGN CRITERIA (3-1HIII) II ATTACHMENT E DOG PARK COST ESTIMATES L · U arwm ,pper an dC annon L k a e ITEM QUANTITY UNIT UNIT COST TOTAL Clear and grub 1 lump sum 500 500 Curb cut and cone. 1 ea. 1,000 1,000 Apron D.G. ParkinQ 3,500 s.f. 2 7,000 Fencing 500 I. f. 10 5,000 Benches 4 ' 500 2,000 ea. Signage 1 lump sum 500 500 Water meter 1 ea. 2,000 2,000 Water Devise 1 ea. 700 700 Scooper Dispenser 1 ea. 500 500 ADA Accessibility 1 lump sum 9,000 9,000 Shade Structure 1 ea. 3,000 3,000 Total $31,200 Contingency $4,680 Grand Total $35,880 Larwin Lower ITEM QUANTITY UNIT UNIT COST TOTAL Clear and grub 1 lump sum 500 500 Fencing 250 l.f. 10 2,500 Benches 4 ea. 500 2,000 Signage 1 lump sum 500 500 Water Devise 1 ea. 700 700 Scooper Dispenser 1 ea. 500 500 ADA Accessibility 1 lump sum 9,000 9,000 Shade Structure 1 ea. 3,000 3,000 Total $18,450 Contingency $2,770 Grand Total $21,220 Annual Maintenance and Operations = $3,000 per year ATTACHMENT 4 H:JI.JBRARYIWORDJKEN'S M&L 19QQIOOG PARK-COST ESTIW."IES I KP 4-12--..J 1 Sections: 11.32.010 11.32.020 11.32.030 11.32.040 11.32.050 11.32.060 11.32.070 /fl.32.080 Chapter 11.32 PARKS AND BEACHES Parks-Scope. Beaches-Scope. Unlawful acts. Glass containers on beach- Prohibited. Public dances. Violations-Seizure of property. Carlsbad seawall-Pedestrians only. Restrictions of areas for exclusive use of surtboards. 11.32.090 Hours surtboarding is prohibited. 11.32.100 Application of Sections 11.32.080 and 11.32.090 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 (pari), 1987) 11.32.020 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: 344-1 ATTACHME~1~2_QlQ ( 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 pennit- 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 pennit has been granted pursuant to Chapter 8.17; (~) 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 (Carlsbad I 0-94) r3 EXHIBIT 2 11.32.030 lands, except on special written pennit 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 ATTACHMENT E 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 sha11 aJlow 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 I 0-!M) 344-2 ( .. _ -· ' \ 1 2 - BEDLINE VERSION OF AMENDMENIS 3 "11.32.030 Unlawful Acts ATTACHMENT F (11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal 4 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 5 to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. 6 This prohibition does not apply to a dog accompanying an unsighted person, dogs while assisting peace officers in law enforcement duties, dog partca or other.,... 7 epeclftcally ~ for dog UN by the City Councit, or to dogs participating in shows or obedience classes authorized by the Carlsbad community services department on 8 specified areas of parks or beaches. 9 10 (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 11 supervised recreational activity or as authorized by SaR Diege Gas and--ele6tRG CompaRy iR the ~ of the outer lagoon. This subsection does not apply to officers, 12 agents or employees of the United States, the state of California, the city, or public utility 13 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 14 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 15 the installation, maintenance, repair or servicing of utility lines, generation, intake and outfall facilities, cooling water resources and other related facilities; 16 17 (23) No person shall allow any dog owned by him or any dog subject to his 18 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 19 obedience classes authorized by the Carlsbad community services department in specified areas of parks, dog partca or other areas epeclfkatf deelgnated for dog use by 20 the City Council. No person shall allow or permit any dog to destroy any real or 21 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. 22 23 24 25 26 27 28 EXHIBIT 2 4 --ATTACHMENT F EFFECTIVE DATE: This ordinance shall be effective thirty days after its J. 2 adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to 3 be published at least once in a newspaper of general circulation in the City of Carlsbad 4 within fifteen (15) days after its adoption. 5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 6 City Council on the __ day of. ________ 2000, and thereafter, 7 PASSED AND ADOPTED at a regular meeting of the City Council for the 8 City of Cartsbad on the ------~2000, by the following day of 9 10 vote, to wit: 11 AYES: 12 NOES: 13 ABSENT: 14 APPROVED AS TO FORM AND LEGALITY 15 16 RONALD R. BALL, City Attorney 17 18 19 20 ATTEST 21 22 23 24 25 26 27 28 LORRAINE WOOD, City Clerk CLAUDE A. LEWIS, Mayor t -. 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 -ATTACHMENT G ORDINANCE NO. NS-557 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING TITLE 11, CHAPTER 11.32, PARKS AND BEACHES, PROHIBITING DOGS IN CARLSBAD PARKS WITH THE EXCEPTION OF ANY PARKS OR PORTION OF A PARK SPECIFICALLY DESIGNATED FOR DOG USE The City Council of the City of Car1sbad, California, does ordain as follows: SECTION 1: That section 11.32.030 of the Carlsbad Municipal Code is amended to read as follows: "11.32.030 Unlawful Acts (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 Car1sbad'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, or other person who by reason of medical necessity must be accompanied by a dog, dogs while assisting peace officers in law enforcement duties, dog parks or other areas specifically designated for dog use by the City Council, 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 the owners 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 authorized by the Car1sbad community services department in specified areas of parks, dog parks or other areas specifically designated for dog use 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".