HomeMy WebLinkAboutCC AG PKT 2010-10-11 #J AGENDA STAFF REPORT
DATE: October 11, 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 for first reading Ordinance No. 1591 amending
the Seal Beach Municipal Code Chapter 7.05 Section 7.55.010 "Park Use
Restrictions." by 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."
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 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.
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
Agenda Item J
Page 2
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."
This draft ordinance was agendized for the September 13, 2010, however the
item was continued to the October 11, 2010 City Council meeting. The Seal
Beach Animal Care Center expressed concerns regarding the potential impacts
of the proposed deletion of breeding language in Section 7.05.035 (C). In that
regard, staff met with a Seal Beach Animal Care Center Board of Directors
representative on September 27, 2010. Staff is recommending that the City
collaboratively and thoroughly review Chapter 7.05 - Animals in its entirety, as
well as any other sections that pertain to animals, with representatives of the
Seal Beach Animal Care Center, Long Beach Animal Control Services, and the
Seal Beach Police Department and bring back any recommendations for
municipal code revisions, if any, to the City Council at a later date as a separate
consideration. This will ensure that organizations primarily affected by any
proposed revisions to the municipal code have the ability to participate in the
review process.
In the meantime, staff is recommending that the City Council introduce
Ordinance No. 1591 for first reading to amend Chapter 7.55 of the Seal Beach
Municipal Code to amend § 7.55.010 Park Use Restrictions to specify parks in
which dogs and other animals would be prohibited, which will replace language that
was inadvertently omitted from the previous Municipal Code related to dogs or
other animals in public parks.
FISCAL IMPACT:
There are no fiscal impacts associated with this item.
RECOMMENDATION:
That the City Council introduce Ordinance No. 1591 for first reading and place on
a the next agenda the adoption of Ordinance No. 1591.
SUBMITTED BY: NOTED AND APPROVED:
* ' 1 Att Att 11 o-� • R. Ingram, • David N. Carmdny, City Manager
ssistant to the City Manager
Attachments:
A. 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. 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 11th day of October , 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