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HomeMy WebLinkAboutCC Ord 1523 2004-05-24 ORDINANCE NUMBER /!f,A 3 AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTION 7.05.120 TO THE SEAL BEACH MUNICIPAL CODE DESIGNATING CERTAIN PROPERTY AS A DOG PARK AND ESTABLISIDNG PERMISSIBLE USES OF THE DOG PARK THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: I Section 1. Section 7,05.120 is hereby added to Chapter 7.05 ofTitle 7 of the Seal Beach Municipal Code to read as follows: "7,05.120 DOl!: Park, Notwithstanding Section 7.05.050, the park located at Lampson Avenue and Heather Street ("Arbor Park'') is hereby established as a dog park, in which responsible adults 'may allow dogs to be without leashes within the fenced areas, provided that the responsible adults and all persons accompanying them comply with all of the following conditions, For purpose of this section, "responsible adult" means any person 18 years or older who owns, has a proprietary interest in, harbors, or has the care, charge, control, custody or possession of a dog. A. Each dog must be chaperoned by a responsible adult. For the purpose of this section, to "chaperone" a dog means that a responsible adult is inside the dog park and is in control of the dog at all times, B. Each responsible adult may chaperone a maximum of three dogs in the dog park on each visit. C. Responsible adults may allow dogs that they chaperone to be without leashes inside the fenced areas of the dog park. However, dogs must wear leashes at all times the dogs are not inside the fenced areas, I' D. No animals other than domesticated dogs are permitted in the dog park. E. Persons entering or exiting the fenced areas of the dog park must close park gates behind them, F. DOl!: License. A license must be obtained prior to a dog using the dog park, as follows: 1. A City of Seal Belich ("Seal Beach") dog license must be obtained pursuant to the proviSions of this Chapter for a dog owned by a Seal Beach resident or by any person who lives in a jurisdiction that does not require a license for the dog; or 2. A valid dog license must be obtained by any person who is not a Seal Beach resident pursuant to the laws of jurisdiction of the dog owner's primary place of residence, G, Metallic License TalZS or Rel!:istration Tattoos. Dogs in the dog park must wear metallic license tags at all times, unless the dogs are tattooed with their registration information. If a dog owner is not a resident of Seal Beach, and the jurisdiction of the dog owner's primary place of residence does not provide either license tags or tattooing for licensed dogs, the owner must obtain a license tag or tattoo from Seal Beach pursuant to the provisions of this Chapter prior to the dog using the dog park. I H, Annual DOl!: Park Permit for Non-Residents. Prior to using the dog park, an annual dog park permit must be obtained for each dog that belongs to a person who is not a resident of Seal Beach. The application for the permit shall consist of an application fee and proof of a current dog license. The annual fee shall be set by City Council resolution. In addition to a license tag or tattoo required pursuant to subsection G, such dog must wear a metallic permit tag at all times the dog is inside the dog park. Ordinance Number J 5..?l3 1. Each dog in the dog park must have received a rabies vaccination within the last three years, and the effective period of the vaccine must not have elapsed. J. Each responsible adults shall, at all times, take all reasonable precautions to prevent the dog(s) they chaperone from biting, attacking or attempting to bite or attack any person or dog. A responsible adult shall immediately remove a dog he or she chaperones from the dog park ifit bites, attacks or attempts to bite or attack any person or dog, I K, No person who has'the care, charge, control, custody, or possession of any of the following kinds of dog shall allow such dog to enter or remain in the dog park at any time: I. A dog less than four months old. 2. A dog in heat. 3. A vicious animal, as defined by this Chapter. 4. A dog with a communicable i\1ness, infection, fleas, or parasites. 5. A dog that is currently under quarantine or that has previously been under quarantine by order ofthe Animal Control Officer. L. The following are prohibited in the dog park and no person shall bring any of the following into the dog park: I. Food (irrespective of whether the food is intended for consumption by s, dogs, or other species), I 6. Sports Equipment. M. Smoking is prohibited in the dog park and within twenty feet of the perimeter of the dog park. N. In the event the City designates specific areas of the dog park for dogs of certain sizes, a responsible adult shall not allow a dog to enter an area of the park for dogs of a different size, If a responsible adult brings two or three dogs to the dog park, all ofthe dogs he or she brings must belong to the same size category, O. No responsible adult shall fail or refuse to remove feces defecated by a dog he or she chaperones at the dog park. Waste receptacles are located within the park for disposal purposes. I P. Hazardous collars for the safei~ of all dogs, spike collars, pinch collars and choke chains are not permitted. 'I, Q. Responsible adults shall not allow their dogs to dig holes. R. All persons shall comply with instructions of Peace Officers and Animal Control Officers at all times. Violation of this or any other provision of this Section shall be grounds for immediate and permanent expulsion from the use of the dog park and revocation of a dog permit." Ordinance Number /5 J,3 Section 2. Paragraph 3 of Subsection D of Section 7.05.035 of Chapter 7.05 of Title 7 of the Seal Beach Municipal Code is hereby amended to read as follows: "3. Cats and dogs kept by nonresidents traveling through the City for a period of less than 30 days. Notwithstanding the foregoing, a license shall be required for dogs that use a City dog park, unless the dog has a valid license and has a license tag or tattoo issued by the jurisdiction of the dog owner's primary place of residence." Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid. I P ASSE~, APPROVED AND ADOPT~~ by the ~ounCil of the City of Seal Beach at a meetmg thereof held on the ~ L{. ~ day of . ao~ .2004. M(l; jr City of Seal Beach ATTEST: Yvn4 [/,t/'lh/ ~Ierk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number '5 a .3 on,file in the office of the City Clerk, introduced at a meeting held on the .;2.~~ day of 2004, and passed, approved and adopted by the City Council of the City 0 Seal Beach at a meeting held on the ;J., L.j,u,day of 111!l.<t- . 2004 by the following vote: AYES: Councilmembers (h,~ I ~,e7ft~ ff~/lJM" NOES: Councilmembers 'lJ. JJ.ru ABSENT: Councilmembers ~./ ABSTAIN: Councilmembers 7QJh1 J I " and do hereby further certify that Ordinance Number' J .5 a ~ has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. JP (/)7~ to/m~/ ~lerk .', . I I I Ordinance NUmber }5~ 3- PROOF OF PUBLICATION (2015.5 C,C,P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident 01 the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer ofthe SEAL 6f:ACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by Ihe Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A825B~; that the notice of which the annexed is a printed copy (set in type not smalle~ than nonpareil)..has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ' ftJ / to Proof of Publication of ..................'~r--A~...................... .................YTf-...t....,................. .' ~-"._......., rSUMMARy..~J.'" ;.", J 'ORDINANCE NUMBER 1523 - DESIGNATING CERTAIN '_, . PROPERTY AS",DOG PfUlKd. ,PERMISSIBLE USES ';' i e':: OrdInance Number 1523 of the~' 'City of Seal Beach .meMi tIMi SeoI_~Code"'ilee- Ignata cerle," properly, poIllon bl . Arbor Park, as II dog park and establishes permssdile USBS of Sllld dog pllIk 0Rinence NunDlr 1523 was Introduced at the reg- , ular CIty Couna! m...ng or April 26th. 2004 and f1rat reading was adopt~.by th8Jfql!C?Mng vot.e..(. .. I . AYES:' " ~ ,~ .' ';' An"'.;"........., DoOno, La' . Yost. ""7'.............. ~.. . NOES: None, Mabon earned . 1 coP~~s of O~lnance . Number 1523 are available from the oIftce of the City Clerk, City Han, 211" -IlhSlreel,SeoIB8h;1Illephcr8 I (562) 431-2527, " ".' > DA~~D ';;'18 2";; daY';" ~~ll' .2004..... ."'l' 't J, ..,',' omce of the City Clerk ,_ Crty of,Se.1 Beech, .:' .! Published In the Seal Beach Sun ! 'Bl1~_~~ __~ _.. all in the year 2004, I certify (or declare) under penalty of perjury that the foregoing is true and correc1. __, 2004. Signature PUBLI, ION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430~7555 Ordinance Number }?iJ.3 PROOF OF PUBLICATION (2015.5 C,C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the county afore- said\ I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed a~d published weekly in the City of SeaLeeach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124n5. Case Number AB256a; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: (p /1 t) I Proof of Publication of ..............1 rl..'......r..R--~-'- ........ .........................- ."..,................. .~:__~-T . .8UMMARYtI ..~.'f".li7t""'r~r:. ORDINANCE NUMBER 15231,~ - DESIGNATING CERTAIN :1160 . ,PROPERTY AS DOG PARK I~' PERMISSIBLE USES ~ ,; :( Ordinance Number, 1523-01 the ClIys lof Seal Beach amends th..~ 00 Beach Munlclpol.COdo 10 , designate certain proPerty I par-', bon 01 Arbor Pork, U 0 dog pork~ ond_~.....' ON' said dog. park. Ordinance j umber 1523 recelv8d second .. l'08CIrQoIlho_Cl\yCou1Cl ' mooting 01 Moy 24th: 2004 end.. . odoplOd !>y IIHl following Vole: ' AYES:;",. .: :~.: '.:.:' ,:'" I Aynt08, oOane.'lar&O~. Ybabsn, 1 I ost. .. ." NOES:.NonB. MoUon carrled-:~ Co~ies'of Ordln~nce:Nu~berI1 1523olO_fromlhoolllco ' oIlho CIIy Clork, CI1Y Hell' 211 ' -8Ih Shet, SealBeam;~ 't (56.2) 431.25.27. -', """',':";:'~ , . 1..:'.t r"~~ .~ . DATED THIS 1st day of ;June,;lt 2004. . I ~~ '+" . LInda DeVIne City Clerk " . Ill' Clty"of Seal BBach~ "" -~ "!os .PubflShed In thtiSeal esach sim~ 611012004 . \. . " '.. 'I ~: ...... :., all in the year 2004. I certify (or declare) under penalty of perjury that the foregoing is tr':le and correct. Dated at Seal Be~jt?A, th~..JL~ of ~ Signature ~TION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 43()..7555 ,2004. I