HomeMy WebLinkAboutCC AG PKT 2010-08-09#DDAGENDA STAFF REPORT
DATE: August 9, 2010
TO: Honorable Mayor and City Council
THRU: David N. Carmany, City Manager
FROM: Jill R. Ingram, Assistant to the City Manager
SUBJECT: PROPOSED REVISIONS TO MUNICIPAL CODE
CHAPTER 7.05 - ANIMALS
SUMMARY OF REQUEST:
This report is provided in response to the City Council referring this issue at its
regular meeting of February 12, 2010, to the Recreation & Parks Commission for
review and recommendation to the City Council. It is recommended that the City
Council: Introduce Ordinance No. 1591, An Ordinance of the City of Seal Beach,
Amending Title 7 (Public Peace, Morals, and Welfare) of the Seal Beach
Municipal Code.
BACKGROUND:
On February 22, 2010, staff presented the City Council with a proposed revised
ordinance amending Title 7 (Public Peace, Morals, and Welfare), adding
language to prohibit dogs or other animals in any public park, public parking lot or
public median except for dogs in the designated Dog Park area at Arbor Dog
Park and leashed dogs in Gum Grove Park and the Electric Avenue Greenbelt.
Attached to this staff report as Attachment B is a copy of Seal Beach Municipal
Code Chapter 7.05 - Animals. Also attached as Attachment C is a copy of the
staff report. During the re- codification of the Municipal Code, this section was
inadvertently omitted from the Code, which prevented the Police Department
from issuing citations for related infractions. Prior to omission, the Municipal
Code previously stated the following:
Section 4 -8.1. Dogs and Other Animals Not Allowed It shall be unlawful for any
person to permit or allow any dog or other animal owned, controlled, or in
possession of such person, to be on or upon any public or private beach, or on,
upon, or in any public park or public parking lot, or on, upon, or in any public
median within the City with the exception of Gum Grove Park and the Electric
Avenue Greenbelt where leashed dogs are permitted. (Ord. No. 771, S9; Ord.
No. 1015, S1; Ord. No. 1458)"
S7296-0001/1249248.1 Agenda Item D D
Page 2
Following discussion of this item, the City Council unanimously referred this item
to the Recreation & Parks Commission for review and to provide the City Council
with a recommendation. Attached to this staff report as Attachment D is a copy
of the minute excerpt from the February 22, 2010 City Council meeting.
Staff surveyed surrounding cities, including Cypress, Dana Point, Huntington
Beach, Long Beach, San Clemente, Los Alamitos, and Newport Beach, to
analyze other city municipal codes relating to park use restrictions, dog control
and restraint, dogs on public property, and leash requirements. Attached to this
staff report as Attachment E is a copy of the survey matrix. On May 26, 2010,
the Recreation & Parks Commission reviewed the current Municipal Code
Section Chapter 7.05 - Animals, and analyzed and discussed the survey matrix
data. Attached to this staff report as Attachment F is a copy of the staff report.
Following discussion the Commission unanimously directed staff to bring back
draft ordinance language to the next Commission meeting for review regarding
the establishment of language prohibiting dogs or other animals in public parks
except for dogs in the designated Dog Park area at Arbor Park, and dogs in Gum
Grove Park and on the Electric Avenue Greenbelt on a six -foot leash.
On June 16, 2010, staff presented draft ordinance language to the Recreation &
Parks Commission. Following discussion the Commission unanimously directed
staff to present a recommendation to the City Council that the City Council
consider the adoption of the attached ordinance in Attachment F amending Seal
Beach Municipal Code Section 7.55.010 — Park Use Restrictions. The draft
ordinance proposes adding a new subsection "K" prohibiting dogs or other
animals in any park, except for dogs in the designated Dog Park area at Arbor
Park and leashed dogs under the charge of a person competent to exercise care,
custody, and control over such dog in Gum Grove Park and the Electric Avenue
Greenbelt. As defined in Municipal Code Section Chapter 7.05 — Animals, the
term "leashed" means "securely confined by a leash not exceeding 6 feet in
length."
As indicated, the Commission did not recommend the inclusion of prohibiting
dogs or other animals in any public parking lot or public median at this time. The
consensus of the Commission is that City parks are limited in space and should
therefore be preserved for park users and recreation activities and programs
without the concern of potential interference from animals. The Commission
also expressed concerns over possible liability issues with allowing dogs in public
parks. Additionally, dogs are permitted off leash in the designated Dog Park area
at Arbor Park, and the proposed revisions to the Municipal Code permit leashed
dogs in Gum Grove Park and the Electric Avenue Greenbelt. Dogs and other
animals are already prohibited on the beach or pier as per Municipal Code
Section 9.05.090.
S7296-0001/1249248.1
Page 3
FISCAL IMPACT:
There are no fiscal impacts associated with this item.
RECOMMENDATION:
It is recommended that the City Council Introduce Ordinance No. 1591, An
Ordinance of the City of Seal Beach, Amending Title 7 (Public Peace, Morals,
and Welfare) of the Seal Beach Municipal Code.
SUBMITTED BY:
Ingram,
Assistant to the City Manager
NOTED AND APPROVED:
!7!7�
David N. Carm y, City Manager
Attachments:
A. Draft Ordinance No. 1591
B. Seal Beach Municipal Code Chapter 7.05 - Animals
C. 02/22/10 Agenda Staff Report- Municipal Code Revisions Relating to Park Use
Restrictions
D. Minute Excerpt — Item "E" - February 22, 2010 City Council Meeting
E. Survey Matrix
F. 05/26/10 Recreation & Parks Commission Staff Report
S7296-0001/1249248.1
Attachment "A"
Draft Ordinance No. 1591
ORDINANCE NUMBER 1591
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
SECTION 7.55.010 OF THE SEAL BEACH MUNICIPAL CODE
TO PROHIBIT DOGS AND OTHER ANIMALS IN PUBLIC PARKS
EXCEPT WHEN IN DESIGNATED AREAS OF ARBOR PARK OR
WHEN LEASHED IN GUM GROVE PARK OR THE ELECTRIC
AVENUE GREENBELT
THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 7.55.010 of the Seal Beach Municipal Code is
hereby amended by the addition thereto of a new subsection K to read as
follows:
"K. No person shall be allowed or permitted to have
any dogs or other animals in any public park except for dogs
in the designated Dog Park area at Arbor Park and leashed
dogs under the charge of a person competent to exercise care,
custody, and control over such dog in Gum Grove Park and
the Electric Avenue Greenbelt. Violations of this section shall
constitute an infraction unless prosecuted pursuant to the
administrative citation procedure of this code."
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance
and shall cause the same to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the day of 1 2010.
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 9th day of August , 2010 and was passed, approved and adopted by
the City Council at a regular meeting held on the day of ,2010 by
the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1591 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
S7296- 0001 %1249252v2.doc
Attachment "B"
Seal Beach Municipal Code
Chapter 7.05 - Animals
Chapter 7.05 Animals
§ 7.05.005 Definitions.
For the purpose of this chapter, the following words and phrases shall
mean:
A. "Animal': any fish, fowl, reptile or nonhuman mammal.
B. "Animal control officef: the officer designated by the city council to
administer this chapter.
C. "At large": away from the property owned or occupied by the owner
of the animal.
D. "Kenner: a building, enclosure or premises wherein more than 4
dogs and cats (in any combination) over 4 months of age are kept.
E. "Leashed': securely confined by a leash not exceeding 6' in length.
F. "Nondomestic animal': an animal of a species that has not been
domesticated so as to live and breed in a tame condition. - "Nondomestic animal"
includes wolf /dog hybrids.
G. "Ownei": a person who legally owns an animal or who harbors an
animal with the permission of the legal owner.
H. "Vicious animal': an animal that has bitten or scratched a person or
another animal without provocation.
I. "Wild bird': a bird of the columbine family. "Wild bird" includes
pigeons and doves.
§ 7.05.010 Penalty.
Violation of any of the provisions of this chapter shall constitute an
infraction unless prosecuted pursuant t6the administrative citation procedure of
this code.
§ 7.05.015 Animal Control Officer.
A. The animal control officer shall be responsible for the administration
of this chapter. In performing such duty, the animal control officer may do the
following without limitation:
Title 7 — page 5
City of Seal Beach Municipal Code December2004
Revised 72/2007
1. Require posting of a "Beware of Animal" sign at a property at
which there is an animal having a disposition to attack without provocation.
2. Order the enclosure of an animal having a disposition to
attack without provocation.
3. Order the quarantine of a vicious animal. In the event of
such order, the owner of the animal shall not remove the animal from the
premises and shall not kill the animal for the period specified by the animal
control officer.
4. Require posting of an "Animal Quarantine" sign at a property
harboring an animal for which a quarantine order has been issued.
5. Procure license certificates and tags.
B. The animal control officer may not remove an animal from the
property of its owner without the written consent of such person except where
circumstances (including without limitation injury, distress or danger to life or
limb) require removal.
§ 7.05.020 Animal Shelter.
The city or the animal control officer shall provide a building or enclosure
to hold impounded animals. The animal control officer shall collect fees for
holding impounded animals and miscellaneous animal shelter services. The fee
amounts shall be set by city council resolution.
§ 7.05.025 Animal Keeping. (Ord. No. 1551)
A. In addition to complying with any restrictions set forth in the City's
zoning regulations, no person shall keep any animals except a maximum of:
1. Four (4) weaned cats and dogs in any combination.
2. Six (6) parakeets, parrots, canaries, or similar domestic
birds.
3. Six (6) reptiles (e.g. turtles, lizards, or snakes, etc.).
B. Reptiles maintained outside shall be kept in a fully enclosed
structure located a minimum distance of ten (10) feet from any lot line, fifty (50)
feet from any dwelling units, and one hundred (100) feet from any school, park,
religious establish, hospital, or similar institution.
Title 7 -- page 6
City of Seal Beach Municipal Code December 2004
Revised 1212007
§ 7.05.030 Non - domestic Animal Permit.
A. No person shall keep a non - domestic animal without first obtaining
from the .animal control officer, and maintaining in full force and effect, a non-
domestic animal permit for such animal.. The fee for a non - domestic animal
permit shall be set by city council resolution.
B. The animal control officer may approve, conditionally approve or
deny a request for a non - domestic animal permit. A non - domestic animal permit
may be denied for any of the following reasons:
1. Adequate provision has not been made for the restraint, care
and feeding of the animal.
2. Keeping the animal is not necessary for educational or
research purposes.
3. Keeping the animal will be detrimental to the - public health,
safety or welfare.
C. The animal control officer may revoke a nondomestic animal permit
if the permittee has violated this chapter, or if the animal poses a threat to the
public health, safety or welfare. The animal control officer shall afford the
permittee a hearing prior to revoking a nondomestic animal permit. Reasonable
advance written notice of the time and place of such hearing, as well as a brief
statement of the grounds on which the proposed revocation is based, shall be
given to the permittee.
§ 7.05.035 Cat or Dog Breed Permit.
A. No person shall keep a cat or dog for breeding purposes without
first obtaining a cat or dog breed permit from the animal control officer. The fee
for cat and dog breed permits shall be set by city council resolution.
B. A breed permit shall not be issued if the premise where the animal
is harbored is within 300' of a dwelling inhabited by someone other than the
applicant.
C. Selling or giving away a puppy or kitten from a litter shall be prima
facie evidence of breeding.
Title 7 —page 7
City of Seal Beach Municipal Code December2004
Revised 1212007
§ 7.05.040 Dog License.
A. No person shall keep a dog over 4 months of age without
maintaining a current license from the animal control officer. The fee for a
license shall be established by city council resolution.
B. A metallic license tag and certificate with corresponding numbers
shall be furnished by the animal control officer upon payment of the license fee.
The animal control officer shall keep records of each person to whom a license
tag and license certificate is issued.
C. Each license shall expire on December 31 st each year.
D. A dog license shall not be required for the following:
1. Seeing eye dogs.
2. Dogs honorably discharged from the armed forces.
3. 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.
4. Dogs temporarily brought into the city to participate in an
exhibition.
§ 7.05.045 Display of Dog License.
A. The license tag issued for the current license year shall be securely
fastened to the collar or harness of the dog, and shall be worn by the animal
when at large.
B. No dog owner shall fail or refuse to show to the animal control
officer or to a police officer the license tag or certificate issued for the animal.
C. A dog may, at the owner's option and expense, be tattooed with its
registration information.
Title 7 — page 8
City of Seal Beach Municipal Code December2004
Revised 1212007
§ 7.05.050 Rabies Vaccination.
A. Every person who possesses a dog over the age of 4 months shall
cause the animal to be inoculated against rabies within 30 days from the date the
animal is brought into the city. The inoculation shall be with an anti- rabies
vaccine approved by the county health officer.
B. This section shall not apply if proof can be shown that the dog has
been inoculated with an anti - rabies vaccine approved by the county health officer
and that the vaccine period is still active. This section also shall not apply upon
presentation of an affidavit from a licensed veterinarian stating that the
vaccination likely would seriously injure the dog.
§ 7.05.055 At -Large Requirements for Cats and Dogs.
A. No owner of a dog shall permit the animal to be at.large unless it is
leashed, confined in a motor vehicle or on another person's property with
permission.
B. No owner of a cat shall permit the animal to enter upon another
person's property or residential unit without permission.
C. The animal control officer may impound any cat or dog found in
violation of this section.
§ 7.05.060 Disposition of Impounded Cats and Dogs.
A. Impounded cats and dogs shall be held at the animal shelter in
accordance with state law.
B. The animal control officer may sell any impounded cat or dog that is
not redeemed within the statutory hold period. Such sale shall be made to the
person offering both the highest amount of cash and payment of all animal
shelter fees associated with the animal. Cats older than 6 months shall not be
sold unless spayed or neutered.
§ 7.05.065 Noisy Animals.
No person shall keep an animal that by sound or cry interferes with the
comfortable enjoyment of life or property. Such interference shall constitute a
public nuisance and a noise disturbance in accordance with this title.
Title 7-- page 9
City of Seal Beach Municipal Code December 2004
Revised 1212007
§ 7.05.070 Transportation of Animals.
No person shall transport an animal by motor vehicle unless the animal is
confined to prevent falling or jumping off the vehicle.
§ 7.05.075 Kennels.
No person shall operate a kennel within 1,000 feet of any dwelling
inhabited by someone other than the kennel operator.
§ 7.05.080 Sanitary Measures.
A. No cat owner or dog owner shall fail or refuse to remove feces
defecated by the animal onto city property or onto private property not owned by
such owner.
B. No person owning or occupying property where an animal is kept
shall maintain such property in an unsanitary condition. An accumulation of
uneaten food, feces or other matter that emits an offensive odor or encourages
insect breeding shall constitute prima facie evidence of. an unsanitary condition.
This provision shall not prohibit storage of uneaten food, feces or other matter in
a closed container prior to disposal.
§ 7.05.085 Separation from Commercial Food.
A. No owner of an animal shall permit the animal to remain in any
restaurant, store or vehicle where commercial food for human consumption is
offered for sale, prepared, stored or transported.
B. This section shall not apply to visually impaired persons utilizing
seeing eye dogs.
§ 7.05.090 Blocking Public Places.
No owner of a dog shall tie the dog to a tree, bike rack or similar object in
front of any public place.
§ 7.05.095 Selling on Public Property.
No person shall offer any animal for sale, barter or donation on city
property.
Title 7 —page 10
City of Seal Beach Municipal Code December 2004
Revised 1212007
§7.05.100 Feeding Wild Birds.
No person shall feed any wild bird. This prohibition shall not apply to the
feeding of wild birds that are confined in an enclosure on private property.
§ 7.05.105 At Large Requirements for Miscellaneous Animals.
No owner of an animal, other than a cat or dog, shall permit the animal to
run at large.
§ 7.05.110 Separation from Sensitive Uses.
A. No person shall keep an animal within 50 feet of a school or
hospital. This prohibition shall not apply to the keeping of cats, dogs or birds of
the psittacine family. This prohibition also shall not apply to the keeping of an
animal in the dwelling of the owner.
B. No person shall keep more than 4 birds of the psittacine family
within 35 feet of any inhabited structure, school or hospital.
§ 7.05.115 Bees.
No person shall keep a beehive within 200 feet of a dwelling inhabited by
someone other than the' beekeeper. This prohibition shall not apply to the
keeping of bees within an educational institution, medical office or laboratory for
educational or research purposes, provided the bees are not permitted to fly at
large.
§ 7.05.120 Prohibited Animals.
No person shall keep any of the following animals: cattle; hogs; fowl;
goats; horses; or mules.
§ 7.05.125 Dog Park.
Notwithstanding any other provision of this chapter, 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 purposes 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.
Title 7 —page 11
City of Seal Beach Municipal Code December2004
Revised 1212007
A. Each dog must be chaperoned by a responsible adult. For the
purposes of this section 7.05.120, 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 3 dogs in the
dog park on each visit.
C. A responsible adult may allow any dog that he or she chaperons 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.
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. Dog License A license must be obtained prior to a dog using the
dog park, as follows:
1. A city dog license must be obtained pursuant to the
provisions of this chapter for a dog owned by a city resident or by any person
who lives in a jurisdiction that does not require a license for the or
2. A valid dog license must be obtained by any person who is
not a city resident pursuant to the laws of jurisdiction of the dog owner's primary
place of residence.
G. Metallic License Tags or Registration 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 city resident, 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 the city pursuant to the provisions of this chapter prior to the dog
using the dog park.
H. Annual Dog 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 city resident. 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 paragraph G, such dog must wear a metallic permit tag at all times the dog is
inside the dog park.
Title 7 —page 12
City of Seal Beach Municipal Code December 2004
Revised 1212007
I. No dog shall be permitted in the dog park unless it has received a
rabies vaccination within the last three years, and the effective period of the
vaccine has not 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 if it bites,
attacks or attempts to bite or attack any person or dog.
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:
1. A dog less than 4 months old.
2. A dog in heat.
3. A vicious animal.
4. A dog with a communicable illness, infection, fleas, or
parasites.
5. A dog that is currently under quarantine or that has
previously been under quarantine by order of the 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:
t. Food (irrespective of whether the food is intended for
consumption by humans, dogs, or other species).
2. Dog treats.
3. Glass containers.
4. Alcohol.
5. Children's toys.
6. Sports equipment.
M. Smoking is prohibited in the dog park and within 20 feet of the
perimeter of the dog park.
Title 7 —page 13
City of Seal Beach Municipal Code December2004
Revised 1212007
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 dogs in different
size category to the dog park, none of those dogs will be allowed to enter the park
unless each dog within a different size category is accompanied by a chaperone for
its designated specific area.
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.
P. For the safety of all dogs, spike collars, pinch collars and choke
collars are not permitted.
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.
Title 7 —page 14
City of Seal Beach Municipal Code December 2004
Revised 1212007
Attachment "C"
02/22/10 Agenda Staff Report
Municipal Code Revisions
Relating to Park Use Restrictions
V v
AGENDA STAFF REPORT
DATE: February 22, 2010
TO: Honorable Mayor and City Council
THRU David Carmany, City Manager
FROM: Linda Devine, City Clerk
SUBJECT: MUNICIPAL CODE REVISIONS RELATING TO
PARK USE RESTRICTIONS
SUMMARY OF REQUEST:
Introduce Ordinance No. 1591, AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING TITLE 7 (PUBLIC PEACE, MORALS, AND WELFARE) OF
THE SEAL BEACH MUNICIPAL CODE, adding language to prohibit dogs or
other animals in any public park, public parking lot or public median except for
dogs in the designated Dog Park area at Arbor Park and leashed dogs in Gum
Grove Park and the Electric Avenue Greenbelt. Instruct staff to schedule for
second reading and adoption at next regular City Council meeting.
BACKGROUND:
At this time, the Seal Beach Municipal Code does not contain language
specifically prohibiting dogs or other animals in city parks. The proposed revision
will add a new sub section "K" to 7.55.010. The City Attorney has reviewed the
Ordinance and has approved it as to form.
FISCAL IMPACT:
The potential negative or positive fiscal impacts of the proposed Municipal Code
amendment, if any, would be minor.
RECOMMENDATION:
Introduce Ordinance No. 1590, AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING TITLE 7 (PARK USE RESTRICTION) OF THE SEAL
BEACH MUNICIPAL CODE. Instruct staff to schedule for second reading and
adoption at next regular City Council meeting.
SUBMITTED BY: NOTED AND APPROVED:
Linda Devine, City Clerk
David Carmany, City Manager
Agenda Item E
ORDINANCE NUMBER 1591 %
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
TITLE 7 (PUBLIC PEACE, MORALS, AND WELFARE) OF THE
SEAL BEACH MUNICIPAL CODE - 7.55(K) PARK USE
RESTRICTION
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Subsection (K) is hereby added to Section 7.55.010 (Park
Use Restrictions) of Chapter 7.55 (Park Use Restrictions) of the Seat Beach
Municipal Code to read as follows:
"K. No person shall be allowed or permitted to have any dogs or other
animals in any public park, public parking lot or public median except for dogs in
the designated Dog Park area at Arbor Park and leashed dogs in Gum Grove
Park and the Electric Avenue Greenbelt. Violations of this section shall
constitute an infraction unless prose cuted pursuant to the administrative
citation procedure of this code.
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance
and shall cause the same to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the day of , 2010.
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 22nd day of February , 2010 and was passed, approved and adopted by
the City Council at a regular meeting held on the day of ,2010 by
the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1591 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
Attachment "®"
Minute Excerpt — Item "E"
February 22, 2010
City Council Meeting
MINUTE EXCERPT
Seal Beach California
February 22, 2010
The City Council of the City of Seal Beach met in regular session at 7:00 p.m.
with Mayor Sloan calling the meeting to order and Councilman Miller leading the
Salute to the Flag.
ROLL CALL
Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks
CONSENT CALENDAR
Antos moved, second by Shanks, to approve the recommended actions on the
Consent Calendar as amended - items pulled for separate consideration "E" and
„
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "E" / ORDINANCE NO. 1591 / AMEND MUNICIPAL CODE / CHAPTER
7.55.010 (PARK USE RESTRICTION / PROHIBIT DOGS OR OTHER ANIMALS
IN PUBLIC PARKS
Councilman Shanks pulled this item to state his opposition to the ordinance:
likes the idea of leashed animals on the greenbelt area (PE right -of -way); no one
patrols the Gum Grove Park area; Bridgeport area resident homes do not have
lawns for their pets - they use the pocket park areas - they do not use leashes;
should not have laws that can not be enforced by police or animal control; dogs
need to be kept in control by the owners (including picking up after them);
believes you are in violation if you take your pet out of the car even on a leash;
was this issue taken to the recreation commission. The City Attorney explained
the reason why this ordinance was presented to the Council - this language was
in the previous code (before re- codification in 2004) under beaches and piers
and the lifeguard department felt strong about not allowing dogs on the beach - it
was not added in the parks section at that time - staff was referring to the code
and realized the omission and brought to Council to see if this needs to be added
to the code - there have been some complaints at some of the parks regarding
dogs running loose and owners not cleaning up after them. The City Attorney
informed the Council they have a wide discretion to adopt the language from the
previous code, fine with the way the code is written now (only restrict the beach
area), or restrict certain parks /areas - there is no staff recommendation. Shanks
would like to have leashes for animals on the greenbelt and Gum Grove Park
and not other areas; Mayor Pro Tern Levitt agreed the proposed ordinance is not
enforceable (animal control) - would eliminate the wording "public parking lot' -
there is a parrot at Eisenhower Park during the summer concerts that would be
allowed; Councilman Miller stated there is a problem at Arbor Park and needs to
have signs to keep dogs off the soccer field - there are rules for the dog park
area - all the parks in College Park East are playing fields for kids and no animals
should be allowed to run loose and owners need to clean up after them - all
parks in the council districts are different; Mayor Sloan clarified that even with the
signs in the parks there is no code that could be enforced; the City Manager
indicated that is why this item was brought to the Council - the old signs refer to
the old code; and Mayor Sloan would like to have Edison Park included to have a
"no dogs" sign.
Miller moved, second by Shanks, refer this matter to the Recreation and Parks
Commission for review and to provide Council with a recommendation regarding
adding the amendment (Ordinance No. 1591 - Chapter 7.55.010(K) to the
Municipal Code.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the above is a true and correct copy of the minute order on file in the Office
of the City Clerk, passed, approved, and adopted by the City Council of the City
of Seal Beach at a regular meeting thereof held on the 22nd day of February
2010.
DATED this 13th day of July 2010.
Linda Devine, City Clerk
City of Seal Beach
Attachment "E"
Survey Matrix
ANALYSIS OF CITY MUNICIPAL CODES RELATING TO PARK USE RESTRICTIONS
17.1F=
CTION'
FADING'
DgFiNffi6 k
Cypress
3-3
Dog Control
a) No owner or other person having the charge, custody or control of any dog(s) shall permit, either willfully or through failure to exercise due care, any such
dog(s) to defecate and any such feces to remain on any public parkway, park, or other public property, or on any property owned or occupied by a person other
than the owner of the dog(s) or the person having charge, custody or control of dog(s).
b) Any person having charge, custody or control of any dog(s), in location other than on the property of such person or on the property of the owner of the
animal(s), shall have In possession a suitable disposal bag or container for the purpose of complying with the requirements of this section.
c) For purposes of this section 3-3, a "suitable disposal bag or container" shall not be considered to be an article of clothing.
d) The provisions of this section shall not apply to blind persons being accompanied by a trained guide dog.
a) Any persons upon violating any of the provisions of this subsection 3-3(a) or 3-3(b) shall be deemed guilty of an infraction and upon conviction thereof shall be
punished by a fine not to exceed one hundred dollars (W0.00).
Dana Point
10.04.020
Dogs on Public Property
No owner or person in charge or in control of any dog, except a blind person with his or her guide dog, shall permit or allow such dog to be within or upon public
school property, public beaches, public access ways to the beach, parks, municipal pier or municipal golf course, except where authorized by a city served by the
Authority. This Section, however, does not prohibit the use of dogs an school property for teaching other school uses when approved by the school officials.
10.04.010
Restraint of Dogs
No person owning or having charge, care, custody or control of any dog shall cause or permit, either willfully or through failure to exercise due care or control, any
such dog to be up on any:
a) Private property unless such dog be restrained thereon by a fence, wall, substantial chain or leash not exceeding six (6) feet in length, and other appropriate
physical restraint, or Is under the charge of a person competent to exercise care, custody and control over such dog; or
b) Highways, street, alley or other public property unless such dog be restrained by a substantial chain or leash not exceeding six (6) feet in length, and is under
the charge of a arson competent to exercise care, custody, and control over such dog, unless the owner or operator of such public property grants written
person ee
ffWn h ouFsuch chain or leasT.
r... . to r
permission to h
13.04.909
Leash Requirements for
It shall be unlawful for the owner or individual responsible for a dog, or other pet which may become a nuisance if unrestrained. to allow such dog or pet to be
- requirement
Pets in Parks
within a park unless the dog or pet is trained on a leash. This leash is not applicable to Jogs In enclosed cityAosignated "dog fun zones' as long as
the owner or individual responsible for the dog is within close proximity, supervising the dog, and able to immediately releash the dog as necessary. The owner or
individual responsible for the dog or pet must immediately clean up any fecal matter deposited by the dog or pet in any park.
Huntington Beach
13.48.070
Animals
No person shall ride, lead or let loose any cattle, horse, mule, goat, sheep, swine, cat, dog, fowl, or animal of any kind in a park except that it shall not be unlawful
to have dogs, physically restrained by a leash not in excess of six (6) feet, or to ride horses on trails specifically provided for them.
13.48.025
Signs
No person shall fail or refuse to obey or comply with any notice or sign, Including warning, regulatory and road markings, placed by order of the Director for the
safety or control of persons, vehicles or animals. No person shall willfully refuse to follow or comply with any lawful order or direction given by a department
employee.
Long Beach
6.16.100
Dog Leash Required
a) No person responsible for a dog shall permit such dog to do any of the following, unless the dog Is upon a secure leash no more than six feet (6) long held
continuously in the hands of a responsible person capable of controlling the dog, or unless the dog is securely confined within an automobile:
1. Be in or upon any public street, sidewalk, improvement, park or other public place, or private property if the private property Is open or accessible to the
public; or
2. Enter upon any other person's property without permission.
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Attachment "F"
Recreation & Parks Commission
05/26/10 Staff Report
COMMISSION STAFF REPORT
DATE: May 26, 2010
TO: Honorable Chairperson and Commissioners
THRU: Jill Ingram, Assistant to the City Manager
FROM: Tim Kelsey, Community Services Supervisor
SUBJECT: MUNICIPAL CODE REVISIONS RELATING TO PARK
USE RESTRICTIONS
SUMMARY OF REQUEST:
That the Commission review the current Seal Beach Municipal Code Section
7.55.010, TITLE 7 (PUBLIC PEACE, MORALS, AND WELFARE), and consider
making a recommendation to the City Council, adding language regarding dogs or
other animals in public parks stating that no person owning or having charge, care
or custody of any dog shall cause, or allow the same to run at large upon any park
area, excluding Arbor Dog Park, unless such dog is strained by a substantial
lease, not to exceed six (6) feet in length, and in the charge of a person competent
to restrain such a dog.
BACKGROUND:
The current Seal Beach Municipal Code does not contain language specifically
prohibiting dogs or other animals in any City parks. The proposed revision would
add a new sub - section to Municipal Code Section 7.55.010. At the February 22,
2010 City Council meeting, item "E" regarding park use restrictions was discussed
by the Council. After discussion, the City Council unanimously referred the issue
to the Recreation and Parks Commission for review and to provide the Council
with a recommendation regarding adding an amendment to Chapter 7.55.010 of
the Municipal Code.
Staff researched similar municipal codes related to dogs in parks for the following
cities: Huntington Beach, Dana Point, Cypress, San Clemente, Long Beach, and
Los Alamitos. Each of these cities has a municipal code representing restrictions
related to dogs in public parks. Although the codes vary among cities, they are
similar in that they all require dogs to be restrained properly while on public
property, including parks. None of the city codes reviewed by staff prohibits dogs
in public parks, and staff does not believe it to be in the best interest of the City of
Page 2
Seal Beach or its residents to prohibit dogs in public parks, but rather require
proper restraint of dogs while on public property.
FINANCIAL IMPACT:
There is no fiscal impact related to this item.
RECOMMENDATION:
That the Commission review the current Seal Beach Municipal Code Section
7.55.010, TITLE 7 (PUBLIC PEACE, MORALS, AND WELFARE), and consider
making a recommendation to the City Council, adding language regarding dogs or
other animals in public parks stating that no person owning or having charge, care
or custody of any dog shall cause, or allow the same to run at large upon any park
area, excluding Arbor Dog Park, unless such dog is strained by a substantial
lease, not to exceed six (6) feet in length, and in the charge of a person competent
to restrain such a dog.
SUBMITTED BY:
Tim Kelsey. Community Services Supervisor
Attachments:
A. Analysis of City Municipal Codes Relating to Park Use Restrictions