HomeMy WebLinkAbout21 DOGS IN PARKS ORD 02-07-94NO. 21
2-7-94
DiTE:
February 1, 1994
inter-Com
TO'
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY SERVICES STAFF
AMENDMENT OF ORDINANCE CONCERNING DOGS IN PARKS
RECOMMENDATION:
Have first reading by title only and introduction of Ordinance No.
1121 approving DOGS IN PARKS UIIDER SPECIFIED CONDITIONS, as
submitted and recommended by the Parks and Recreation Commission
and the Community Services staff.
FISCAL IMPACT.:
The Field Services Division estimates that 30 signs need to be
modified or removed. The average cost is $60 per sign for a total
estimate of $1,800.
BACKGROUND:
In the fall of 1993, the Community Services Department received a
letter from aTustin Sports Park neighbor regarding the prohibition
of dogs in parks. The letter asked lifting the prohibition based
on two concerns. One concern is that many residents in Tustin live
in apartments and condominiums with no yards. They have no place
to walk their dogs. A second concern is for personal safety. Many
people feel safer if they are walking with their dog.
Currently, dogs are not allowed in City parks. Ail parks are so
posted. Tustin City Code about Animals and Fowl says that anyone
in charge of a dog in a park must clean up after the dog. The Code
further prohibits animals running loose or at large in a park.
While this section of the Code does not prohibit dogs. in parks, the
Tustin City Code on Parks says that "Permitting the presence of any
animal" requires a special permit from the City Manager. This is
the section of the Code which prohibits the presence of dogs in
parks except with a permit. Except Community Services Department
activities, such as dog obedience classes, there are currently no
animal permits on file.
The cities of Costa Mesa, Newport Beach, Irvine, Santa Ana and
Anaheim were surveyed re~arding their policies with regards to dogs
in parks. All the cities-surveyed reported that.they allow dogs
on leash and require the owners/attendants to clean up after the
dogs.
DISCUSSION:
At the November 18, 1993 meeting the Parks and Recreation
Commission considered the issue of clarifying Tustin City Code to
permit dogs in parks. Attached is an ordinance the City Attorney
prepared for the Commissions'~' consideration at the January 20,
1994 meeting. This draft ordinance clarifies~ the Code to allow
dogs in parks under specific conditions. According to the
Commission's concerns, the proposed ordinance does not allow
animals in playground areas and court facilities. The Commission
also asked for clarification of the ordinance describing the
required physical restraint of~animals. The City Attorney has
addressed this concern with the draft ordinance the City Council is
considering.
Randy ~strick ~~
Recreation Supervisor
Susan M. Jones
Recreation Superintendent
Attachment
RWI: DOGORONC. CC
ATT, ENT 1
DATE:
DECEMBER 23, 1993
Inter-Com
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
CITY ATTORNEY
SUBJECT: AMENDMENT OF ORDINANCE CONCERNING DOGS IN PARKS
Some confusion has arisen concerning the City's policy with
respect to dogs in parks. The confusion is caused by two seemingly'
conflicting provisions in the Tustin City Code. Section 4225 of
the City Code allows dogs in parks as long as owners do not permit
them to run loose and the owner removes any dog waste. Section
7113 of the City Code prohibits dogs in parks unless a permit has
been obtained.
Other than Community Services Department activities, such as
dog obedience classes, there are currently no animal permits on
file with the City. It apparently has not been the practice of the
City to enforce the requirement of having a permit to have a dog in
the park. In contrast, some City parks are posted with signs
prohibiting dogs.
The proposed amendment to the Tustin City Code would reconcile
this ambiguity. The amendment would permit dogs in parks, as long
as the dog is leashed and its owner removed all dog waste. Staff
surveyed the cities of Costa Mesa, Newport Beach, Irvine, Santa Ana
and Anaheim and all had ordinances similar to the proposed
amendment. The amendment also provides that dogs are prohibited
from playground and court facilities.
JAMES G. ROURKE
CITY ATTORNEY
-- DAVID A. De BERRY ~J
DEPUTY CITY ATTORNEY
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W. H~ton (w/attacbm~nO
C. S;~t~lc, on (w/so, thin, nO
1 ORD INA_'~CE NO. 1121
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING
SPECIFIED SECTIONS OF THE TUSTIN CITY
CODE TO PERMIT DOGS IN PARKS UNDER'"
.SPECIFIED CONDITIONS
The City Council of the City of Tustin hereby ordains as
follows:
Section 1: Article 4, Chapter 2, Part 2 of the Tus%in
City Code is hereby amended as follows:
A. Section 4225 entitled "Dogs W~thin Parks" is deleted
in its entirety and replaced with the following:
"4225
Animals Within Parks
(a)
No person shall bring into any park any
animal, reptile or fowl of any kind,
unless such animal is, at all times,
physically restrained and controlled by
leash, tether, cage or other device. Nor
shall any person.bring into any public
park any animal that constitutes a safety
hazard or detriment to the enjoyment of
the area by the public.
(b)
It shall be the responsibility of any
person having charge of any such animal
to remove any defecation emanating from
the animal and to dispose of same in a
sanitary manner.
(c)
Animals are not permitted in areas of
parks which are delineated by playground
equipnent, sandboxes or recreational
court facilities specifically designed
for such sports as basketball, handball,
tennis or volleyball.
(d)
(e)
The provisions of this Section shall not
apply to the use of seeing eye dogs by
the visually handicapped, provided that
the dog is at all times kept under
control and does not constitute a danger
to others.
This Section shall not prevent the City
or its lessees from holding public events
in City parks in which animals
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Ordinance No.
Page 2
1121
participate or from completely
prohibiting, animals in par~s where
appropriate signs are posted. Upon
obtaining a permit from the City, animals
may be brought into parks for the purpose--
of animal shows, exhibits, fairs and the
like. In these situations, animals shall
be kept under control by their handlers
at all times, either through restraint or
command." ~
Section 2 Section 4226 of the Tustin City'Code is
deleted in its entirety.
PASSED AND ADOPTED, at a regular meeting of the City
Council for the City of Tustin on this day of
, 19 .
JIM POTTS, Mayor
MARY E. WYNN, City Clerk