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CC AG PKT 2010-09-13 #L
AGENDA STAFF REPORT DATE: September 13, 2010 TO: Honorable Mayor and City Council THRU: David N. Carmany, City Manager FROM: Jill R. Ingram, Assistant to the City Manager SUBJECT: FIRST READING OF ORDINANCE NO. 1591 AMENDING CHAPTER 7.05 OF THE SEAL BEACH MUNICIPAL CODE SUMMARY OF REQUEST: That the City Council introduce Ordinance No. 1591 for first reading, An Ordinance of the City of Seal Beach Amending Chapter 7.05 of the Seal Beach Municipal Code to: 1) Amending § 7.55.010 Park Use Restrictions. - adding: "K. No person shall be allowed or permitted to have any dogs or other animals in public parks in College Park West and College Park East, with the exception of the designated dog park area at Arbor Park. Leashed dogs or other animals under the charge of a person competent to exercise care, custody, and control over such dog /animal are permitted in all other areas of the City, including public parks and the Electric Avenue Greenbelt. No dogs or other animals are allowed on the city beach or city pier as per Municipal Code § 9.05.090. Violations of this section shall constitute an infraction unless prosecuted pursuant to the administrative citation procedure of this code;" and 2) Delete language in § 7.05.035 Cat or Dog Breed Permit (C) stating that "Selling or giving away a puppy or kitten from a litter shall be prima facie evidence of breeding." BACKGROUND: On August 9, 2010, staff presented the City Council with the Recreation and Parks Commission proposed ordinance amending Chapter 7.05 of the Seal Beach Municipal Code, adding language to prohibit dogs or other animals in any public park, 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 the referenced staff report. Agenda Item L • Page 2 Following discussion, the City Council continued the agenda item and directed the City Manager to bring back a proposed Ordinance for Council consideration that would: 1) Specify parks in which dogs and other animals would be prohibited; and 2) Delete language in Section 7.05.035 (C) stating that "Selling or giving away a puppy or kitten from a litter shall be prima facie evidence of breeding." FISCAL IMPACT: There are no fiscal impacts associated with this item. RECOMMENDATION: That the City Council introduce Ordinance No. 1591 for first reading, An Ordinance of the City of Seal Beach Amending Chapter 7.05 of the Seal Beach Municipal Code to: 1) Amending § 7.55.010 Park Use Restrictions. - adding: "K. No person shall be allowed or permitted to have any dogs or other animals in public parks in College Park West and College Park East, with the exception of the designated dog park area at Arbor Park. Leashed dogs of other animals under the charge of a person competent to exercise care, custody, and control over such dog /animal are permitted in all other areas of the City, including public parks and the Electric Avenue Greenbelt. No dogs or other animals are allowed on the city beach or city pier as per Municipal Code § 9.05.090. Violations of this section shall constitute an infraction unless prosecuted pursuant to the administrative citation procedure of this code ;" and 2) Delete language in § 7.05.035 Cat or Dog Breed Permit (C) stating that "Selling or giving away a puppy or kitten from a litter shall be prima facie evidence of breeding." SUBMITTED BY: NOTED AND APPROVED: Al R. Ingram, David N. Carminy, City Manager ssistant to the Ci Manager Attachments: A. Ordinance No. 1591 B. 08/09/10 Agenda Staff Report & Attachments ORDINANCE NUMBER 1591 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 7.05 OF THE SEAL BEACH MUNICIPAL CODE TO PROHIBIT DOGS AND OTHER ANIMALS IN CERTAIN CITY PUBLIC PARKS; AND DELETING LANGUAGE IN SECTION 7.05.035 (C) 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: § 7.55.010 Park Use Restrictions. "K. No person shall be allowed or permitted to have any dogs or other animals in public parks in College Park West and College Park East, with the exception of the designated dog park area at Arbor Park. Leashed dogs or other animals under the charge of a person competent to exercise care, custody, and control over such dog /animal are permitted in all other areas of the City, including public parks and the Electric Avenue Greenbelt. No dogs or other animals are allowed on the city beach or city pier as per Municipal Code § 9.05.090. Violations of this section shall constitute an infraction unless prosecuted pursuant to the administrative citation procedure of this code." SECTION 2. Section 7.05.035 (C) of the Seal Beach Municipal Code is hereby deleted as follows: § 7.05.035 Cat or Dog Breed Permit. faeio evidence of breed'^ SECTION 3. 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. Mayor ATTEST: • City Clerk • Ordinance Number 1591 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beath, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 13th day of September , 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 ©0 iPT AGENDA 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, 51; Ord. No. 1458)" S7296-000111249248.1 Agenda Item DD 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. 57296-0001/1249248.1 • 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: NOTED AND APPROVED: rivi . Ingram, Cyr U David N.N. C�y, City Manager Assistant to the 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 CHAPTER 7.05 OF THE SEAL BEACH MUNICIPAL CODE TO PROHIBIT DOGS AND OTHER ANIMALS IN CERTAIN CITY PUBLIC PARKS AND AMENDING SECTION 7.05.035 (C) REGARDING BREEDING OF CATS AND DOGS 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: § 7.55.010 Park Use Restrictions. "K. No person shall be allowed or permitted to have any dogs or other animals in public parks in College Park West and College Park East, with the exception of the designated dog park area at Arbor Park. Leashed dogs or other animals under the charge of a person competent to exercise care, custody, and control over such dog /animal are permitted in all • other areas of the City, including public parks and the Electric Avenue Greenbelt. No dogs or other animals are allowed on the city beach or city pier as per Municipal Code § 9.05.090. Violations of this section shall constitute an infraction unless prosecuted pursuant to the administrative citation procedure of this code." SECTION 2. Section 7.05.035 (C) of the Seal Beach Municipal Code is hereby amended by the deletion of Subsection C as follows: § 7.05.035 Cat or Dog Breed Permit. f v of breedin - - - - -•- - • -• - - '- - - -- - SECTION 3. 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. Mayor ATTEST: • City Clerk Ordinance Number 1591 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 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 officer": 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. b. "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. "Owner°: 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. "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 to:the 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 Cliy of Seal Beach Municipal Code December2004 Revised 12/2007 • 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 Carty of Seal Beach Municipal Code December2004 • Revised 122007 § 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 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 perm ttee. § 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 11 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 idtten from a litter shall be prima facie evidence of breeding. • Idle 7-- page 7 City of Seal Beach Municipal Code December2004 Revised 12/2007 § 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 oh December 31st 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 hamess 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 December 2004 • Revised 12/2007 § 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 shalt permit the animal to be at.iarge 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. • rtle 7 —page 9 Cfty of Seal Beath Municipal Code December 2004 Revised 12/2007 § 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 December2004 Revised 12/2007 § 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's 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, " r esponsible 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 December 2004 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. Doe 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•dog; 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 owners 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 fdr 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 12/2007 • 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: 1•. 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 Cfty of Sea! Beach Municipal Code December2004 Revised 12/2007 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 unle$s each dog within a different size category is accompanied by a chaperone for its designated specific area 0. 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. AN 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 Munlcipai Code December 2004 • ' Revised 12/2007 Attachment "C" 02/22/10 Agenda Staff Report Municipal Code Revisions Relating to Park Use Restrictions AGENDA STAFF REPORT 0 'O , 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 Attomey 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 Caimany, City Manager • Agenda Item E ORDINANCE NUMBER 1591 �v O AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING O 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 (I() 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 prosecuted pursuant to the administrative citation procedure of thls 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. Mayor ATTEST: 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 "D" Minute Excerpt — Item "E" February 22, 2010 City Council Meeting MINUTE EXCERPT '' co cc; Seal Beach Califomia 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 Tem 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. 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F t -13 a i ° g 2 ° ° :. t a $ a �a 8 •j' 4 Rrag2 g 8 g ' A 2 a a l a y 9 a 6 :41- `a a 152 '6 y m .. €b m so ut - • - 1 b� 6 sacao n 5 a N c a ° 2 }55j a o Nc •° c ; S - � � l = C ` L9 3 ofl a az2 La � C z o.� Zto. g =. r w o t a u co rtc 2 � @ p o @ ry co i J 2. 0 cc K 1 K W yN L • a J a u; 3 J , f J Q . x:4 0 c - a . � m m I . °i a 1 29 v a n p, i 3 Z • ,p; Attachment "F" Recreation & Parks Commission 05/26/10 Staff Report 0 COMMISSION STAFF REPORT Q .40 DATE: May 26, 2010 .12A 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