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HomeMy Public PortalAbout07) 9A 2nd Reading and Adoption of Ordinance 14-995 Dogs in the Park,------------- PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: September 2, 2014 TO: The Honorable City Council FROM: Donald E. Penman , Interim City Manager~ . [h( By: Cathy Burroughs , Director of Parks and Recreation 6fV AGENDA ITEM 9 .A . SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 14-995 AMENDING SECTION 3-5D-9.D AND ADDING SECTION 3-5D-11 OF ARTICLE A OF CHAPTER 5 OF TITLE 3 OF THE TEMPLE CITY MUNICIPAL CODE (TCMC) RELATIVE TO DOGS IN PUBLIC PARKS RECOMMENDATION: The City Council is requested to waive further reading and adopt Ordinance No. 14-995 (Attachment "A") amending Section 3-5D-9.D and adding Section 3-5D-11 of Article A of Chapter 5 of Title 3 of the Temple City Municipal Code (TCMC). BACKGROUND: On Aug ust 19, 2014 , the City Council introduced Ordinance No . 14-995 for f irst read ing , by title only, amending Section 3-5D-9.D and adding Section 3-5D-11 to the TCMC relative to dogs in public parks (See Attachment "B" for original staff report). Staff responded to questions from Councilmembers and the public. The City Council directed staff to provide a copy of the proposed ordinance to the California Joint Powers Insurance Authority (CJPIA) for review and comments prior to the second reading and adoption. ANALYSIS: As provided in the staff report for the August 19, 2014 City Council Meeting , the City prohibits the entrance of any dog or domesticated animal within City parks pursuant to Section 3-5D-9 .D of the Temple City Municipal Code . However, with the approval of the Parks and Open Space Master Plan on April 2 , 2014, Parks and Recreation staff noticed a discrepancy between the needs of the community and the banning of dogs from parks. ------ City Council September 2 , 2014 Page 2 of 2 Ordinance No . 14-995 amends Section 3-50-9 .0 of the TCMC and adds Section 3-50- 11 detailing co nditions in which dogs would be allowed within City parks . Pursuant to City Council direction on August 19 , 2014 , staff contacted CJPIA and provided a copy of the proposed ordinance to Maria Galvan , Risk Manager for Region Five . Ms . Galvan res ponded to staff stating her on ly concern with the proposed code amendment was the hold ha rmless and waiver of liability language in th e ordinance . She felt it was questionable whether it was enforceable and recommended we consult with the City Attorney . The City Attorney has recommended the language rema i n . A lthough the City Attorney agreed the enforcement might be questionable, it was better to inc lude it and have the ability to argue it's applicable than to exclude it from the ordinance . CONCLUSION: The City Council is requested to adopt Ordinance No . 14-995 amending Section 3-50- 9.0 and adding Section 3-50-11 of Article A of Chapter 5 of Title 3 of the Temple City Municipal Code . Adoption of Ordinance No . 14-995 will allow leashed dogs in certain areas of the City 's parks finalizing a recommendation from the recently adopted Master Plan . ATTACHMENTS: A. Ordinance No . 14-995 B . August 19 , 2014 City Counc il Staff Report ATTACHMENT A ORDINANCE NO . 14-995 AN ORD IN A NCE OF THE C ITY COUNC IL OF T HE CI TY OF TE M PLE CITY, CALIFORNIA, AMEND IN G SECTION 3-5D -9.D AND ADDIN G SECTION 3-5D-11 OF ARTICLE A OF CHAPTER 5 OF TITLE 3 OF THE TEMPLE CITY MUNIC IPAL CODE RELAT ING TO DOGS IN PUBLIC PARKS WHEREAS , Title 3, Chapter 5, ArticleD of the Temp le City Municipal Code governs behavior in city parks; and . WHEREAS , T itle 3, Chapter 5, Art icle D Section 3-5D -9.D of the Temple City Municipal Code , which proh ibits dogs and other domestic anima ls in city parks, has not been amended since the City incorporated in 1960; and WHEREAS , the City Council adopted a Pa r ks and Open Space Master Plan on Ap ril 2, 2014 wh ich identified pet fr iendly parks as a high pr iority among res iden ts; and WHEREAS , the City wants to update the provisions of Title 3, Chapter 4 , Article D to better reflect the commun ity's needs ; and , WHEREAS , the Parks and Recreat ion Comm ission considered an amendment to Title 3, Chapter 5, ArticleD of the Temple City Municipa l Code on May 21 , 20 14 , J une 18, 2014 and July 16 , 2014 which would all ow leashed dogs i n specific areas of the C ity 's parks ; and WHEREAS , this Ordinance is co nsis tent with the recommendation provided by the Parks and Recreation Commiss ion when approvi ng the ame ndment on Jul y 16 , 2014 , THE CITY COU NCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Section 3-5D-9 .D is hereby amended and Secti on 3-5D -11 is hereby added to t he Temple City Municipal Code to read as set forth in Exhibit "A " to this Ordinance . SECTION 2: Severabil ity. The City Council hereby decla res that , shou ld any prov1s 1on, sect ion , subsection , paragraph , sentence , clause , phrase , or word of th is Ordinance or any part thereof , be rendered or declared inval id or un con stitutiona l by any final court action in a court of competent j urisdict ion or by reason of an y preemptive legislat ion , such decision or action shall not affect the va lidity of the remain in g section or portions of the Ordina nce or part thereof. T he City Council hereby declares that it wou ld ha ve independently adopted the remain ing pro vi sions , secti ons , subsections , paragraphs , sentences , clauses , phrases , or words of this Ord inance irrespective of the fact that any one or more prov isions, sections , subsectio ns, paragraphs , sentences , clauses , ph rases , or wo rds may be declared i nva lid or unconstitutional. SECTION 3: Publication. The City Clerk sha ll certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be publ ished according to law. SECTION 4 : Effective Date. Th is Ord ina nce shall ta ke effect th irty (3 0 ) days after its adoption by the City Coun cil. PASSED , APPROVED , AND ADOPTED this __ day of ______ , 2014 . MAYOR ATTEST: APPROVED AS TO FORM: City C lerk City Attorney I, Peggy Kuo , City Clerk of the City of Temple City , hereby certify that the foregoing Ordinance No. 14-995 was introduced at the regular meeting of th e City Council of the City of Temple City held on the 19 1h day of August , 2014 , and was duly passed , approved and adopted by said Council at the regular meeting held on September 2 , 2014 by the following vote: AYES : Council member: NOES: Councilmember: ABSENT: Councilmember: City Clerk 3-5 D-9 . BEHAVIOR EX HIB IT "A" TITL E 3. PU BLIC SAFETY CHAPTER 5. PAR KS AND CIVIC C EN TER ARTICLE D. PARK ACTIVI T IE S No person in a park or civic cen ter shal l, except as ex p ress written permission is granted by the parks and recreation commission : D. Have been responsible for the entry of a dog or other domestic animal into a city park except for dogs under the circumstances as provided for in Section 3 -50-11; 3-5D -11 A. Dogs are prohibited in the following areas of the parks : 1. Bu il d ing interiors , patios , and covered walkways im mediately adjacent thereto ; 2. Performing Arts Pavilion ; 3. Playgrounds; 4. Picn ic shel ters; 5. Tennis co urt s; 6. Basketball courts ; 7. Athletic f ields; 8. Baseball /softbal l fields ; 9. Bleache rs; and 10 . Areas temporaril y designated by the Director during specia l events . B Dogs are permitted in pass ive grass areas and walkways of the parks , not included in A. above , or in areas designated from time to tim e by the Director. The following req u irements shall be adhered to by the person (s ) responsible for the dog : 1. Dogs must be secure ly restrained by a leash no longer than si x feet (6 ') of suffic ient stren gth , and under the full c ar e, custod y and proper control of a competent and capable pe r son . Dog s shall not be left un attended at any tim e . 2. Persons responsible for the dog sh all im med iate ly remove and properly dispose of any dog waste. 3. The prese nce of a dog sha ll cons titute imp lied conse nt of the dog 's ow ner or any pe rson respons ib le for the dog , to strictly follow the rules of this section and shall constitute a waiver of liability to the city , its elected offi ci als , officers and employees , and assumption of all r isks, and an agreement an d undertaking to protect, and indemnify, defend and hold harmless th e city , its elected officia ls, officers and employees , for any injur y or damage to persons or property during any t ime that the dog is in the park or civ ic center. C. Dogs controlled by law enforcement and legitimate service dogs and guide dogs are exempt from the prohi bitions in Section 3-5D -11A. D. Any person who violates an y provision of th is section is guilty of an infract io n pursuant to Section 1-2-0-2 of the Temp le City Municipal Code and may be subject to a penalty of $100 for the first offense and $200 for the second offense ; subsequent violations sha ll be deemed "misdemeanors" and are subject to a penalt y of $500 . DATE : TO : FROM : SUBJECT : ATTACHMENT B AGENDA ITEM 8 .8 . PARKS AND RECREATION DEPARTM ENT MEMORANDUM Augu st 19 , 2014 Th e Honorable City Council Donald E. Penman , Interim City Manage~ By : Cathy Burroughs , Director of Parks a nd Recreation ~ INTRODUCTION AND FIRST READING OF ORDINANCE NO. 14 -9 95 AMENDING SECTION 3-5D-9.D AND ADDING SECTIO N 3-5D-11 OF ARTICLE A OF CHAPTER 5 OF TITLE 3 OF THE TE M PL E CITY MUN ICI PAL CODE (TCMC) RELATIVE TO DOGS IN PUBLIC PARKS RECOMMENDATION: Th e City Cou ncil is re que sted to : a) Introduce Ordinance No . 14-995 (Attachment "A") for first reading by title only, amending Secti on 3-5D-9 .D and adding Section 3-5D-11 of Article A of Chapter 5 of Title 3 o f the Temple City Municipal Code (TC MC); b) W aive further reading of Ordina nc e No. 14-995; and c) Schedule the second reading of Ord inance No . 14-995 for September 2, 2014. BACKGROUND : 1. On October 2 1 , 2013, a public meetin g was he ld at Live Oak Park t o present preliminary finding s from the Parks and Open Space Master Plan (Maste r Plan). Discussion focused on key su rv ey findings , user trends and priorities, and recommendation s for future parks and open space. T he frndings showed that the community's in terest in pet -friendly spaces ranke d amongst the top seven priorities for imp roving t he City's parks. 2. On April 2 , 20 14 , th e City Cou nc il adopted the Mast er Plan as presented including a recommen dati o n t o revise the ex ist ing TCM C to a ll ow dogs in th e City's parks. 3. On May 2 1, 20 14 , the Parks a nd Re creation Commission re vie wed Section 3-5D - 9.D of the Temple City Municipa l Code relating to domestic an imals in the Crty's City Council Augu st 19 , 20 14 Page 2 of 3 parks . The Commission suggested th at staff survey park stakeholders and public groups and directed staff to proceed with revisions to Section 3-50-9.0 to al low dogs in City pa rks . 4. On May 27 , 20 14, staff began an open-ended survey, gathering public opinion relating to allowi ng leashed dogs within City parks via the City website and on-site at Live Oak Park . 5 . On June 18 , 2014 , the Parks a nd Recreat ion Commission suggested that staff further research legal language utilized in oth er cities ' municipal codes . The Commiss ion a lso requested staff di scuss the propo sed code amendment w ith Park Patrol and Comm unity Preservation Officers. 6 . On July 16 , 20 14 , the Parks an d Recreation Commission approved the proposed amendment to th e TCMC allowing leashed dogs in certain areas of the parks and recommended approval to the City Council. 7 . On August 7 , 2014 , a public hea ring notice rega rding Ordinance No.14-995 was published in the Temple City Tribu ne. ANALYSIS: Currently , the City proh ibits the entra nce of any dog or domesticated animal wi thin City parks pursuant to Section 3-50-9 .0 of th e Temple City Mun icipal Code . However , with the approval of the Parks and Open Space Master Plan on April 2 , 2014, Parks and Recreat ion staff no ticed a d iscrepancy between the needs of the co mmun ity and the bann ing of dogs from p arks . In preparat ion of the Master Plan , a Community Needs Assessment was conducted to ensure that the community's perceived needs for parks and open space were documented and prio riti zed . The Assessment revealed th at the public considered "pet- f rie ndl y spaces" to be an opportun ity fo r park/facility improvement. Ac cording to the statistically valid survey from the Master Plan , 58 % of respondents showed support for park facility improve ments to i nclude pet-friendly spaces . These pet-friendly spaces ranked 61h of 22 that commun ity members felt were a facility /amenity priority for the City . Parks and Recreation staff realized the opportunity to address th is particular community need and resea rched surrounding cities for ordinances relative to allowi ng pets, specifically dogs , wi thin City parks (Attachment "8 "). At the ir regular meeti ng on May 21 , 2014, the Parks a nd Recreation Commission reviewed the informatio n provided by staff and requeste d th at staff gather ad d itional inpu t from the public and park users . A general public survey, made available on l ine and in-pe rson , was conducted between May 27 and June 13, 2014. The survey revealed an approximate 70% majority of over 170 survey-takers were support iv e of a code amendme nt allowing leashed dogs within City Counc1l August 19 . 20 14 Page 3 of 3 the parks (Attachmen t ··c ") Staff retu rned to the Commission w ith these f i nd ings on June 18 . 2014 along with proposed revisions to the municipal code . During the June 18 , 2014 meetmg , the Parks and Recreation Commission requested that staff research the legal language used in other city mun icipal codes specifically perta in ing to dogs being unde r the control of a ··ca pable " and "competent" person (Attachment ·'D"). The Commiss1on also advocated discussing the code amendment with staff responsible for enforcin g the mun icipal code at the parks . Staff prov ided a copy of the proposal ordinance to the Park Patrol Officers and Community Preservation Officers . The main issue expressed by enforcement staff was a co ncern about the poss ible increase of dog -r elated issues (e g . bites , aggression , etc.). Staff look ed into surround 1n g ci t ies that allow dogs 1n parks and safety issues that may have ansen Consensus amongst the cities was that reported bites were very rare and that dog behavior has been relative ly peaceful within the parks . Though sti ll rare (1 to 2 times every 1 to 2 years ) most reports and animal control interven tion occurred : 1 W1th w1l dl ife such as coyotes coming down mto ci ties located near the footh ills ; 2 . When a dog was runn i ng off-le ash ; or 3 . A dog -rel ated incident w1th1n city boundar ies . not park boundaries . The Park s and Recreation Commission . at the1r July 16 . 2014 regular meeting , approved the proposed amendment to the TCMC to allow leashed dogs in certain areas of the City 's parks and recommended approva l of the code amendment to the City Council. The C1ty Attorney has reviewed . prov1ded input . and approved proposed Ordinan ce No 14 -955 . CONC L USION : Ordinance No 14-995 amends Section 3-5D-9 D and adds Section 3-5 D-11 of Article A of Chapter 5 of T itle 3 of th e Temple C ity Mun ici pal Code . Adoption of Ordinance No . 14 -995 w 1ll a ll ow leashed dogs 1n certa1n areas of the C ity 's parks fina li z ing a re c ommendation from th e re ce ntly adopted Master Plan ATT ACHME N TS : A . Ord1nan ce No 14 -995 B. Survey of Local Cities Regard i ng Dogs in Park Facilities C. Dogs 1n the Park : Gen eral Public Survey-Summary (Jun e 18 Update) D Survey of Local Cities-Dogs m Parks : Legal Language ATTACHMENT A ORDIN ANCE NO. 14-995 AN ORDIN A NCE OF THE CI T Y COU NCIL OF T HE CI T Y OF TEMPLE CITY CALIFORNIA AMENDING SECTION 3-5D-9 D AND ADDING SECTION 3-5D-11 OF ARTICLE A OF CHAPTER 5 OF TITLE 3 OF THE TE M PLE CITY MUNICIPAL CODE RELATI N G TO DOGS IN PUBLIC PARKS WHEREAS , T1tle 3. Chapter 5 Art1cle D o f the Temple C1ty M un1c1pal Code governs behav1or m c1ty parks and WHEREAS T1t1e 3 . Chapter 5 Article 0 Sect1on 3-50-9 0 of the T emple C1ty Mun1c1pal Code , wh1ch proh 1b1ts dogs and other domestiC an~mals m c1ty parks has not been amended s1nce the City Incorporated 1n 1960 and WHEREAS the Ci ty Council adopted a Parks and Open Spa ce Master Plan on Apnl 2 2014 wh1ch 1dent1f1ed pet fnendly parks as a h1gh pnonty among res1dents and WHEREAS the C1ty wants to update the prov1S 1ons of T1tle 3 Chapter 4 Art1c le D to better reflect the commun1ty s needs and WHEREAS the Parks and Recreation Comm iSS IO n cons1de red an amendment to T1t1e 3 Chapter 5 Art1c le 0 of the Temple C1 ty M un1c 1pa l Code o n May 21 2014 Ju ne 18 201 4 and Ju ly 16 2014 wh1ch would allow leashed d ogs m spec1f1c areas of the C1ty s parks and WHEREAS th1s Ordmance 1s cons1ste nt w1th the recom mendation prov1 d ed by the Parks and Recreat1on CommiSS IOn when approv1ng the amendment on July 16 201 4. THE CITY COUNC I L OF THE CITY OF TEM PLE CITY HEREBY ORDAINS AS FO L LOWS SECTION 1 : Section 3-5D-9 .D is hereby amended and Section 3-5D-11 is hereby added to the Temple City Muni c i pal Code t o read as set forth in Exhibit "A " to this Ordinance. SECTION 2: Severability. The C1ty Council he reby declares that, should any prov1s1on . sect1on subsection, para graph , sentence clause phrase o r word of th1s Ord1na nce or any part thereof be rendered or declared 1nvalid or unconstitUtional by any final court action 1n a court of competent JUri SdiCt ion or by reason of any preemptive leg1slat1on such deCISion or act1o n shall not affect the valid1ty of the rema1n1ng sect1on or port1ons of the Ord1nance or part thereof The C1ty Counc11 he re by d eclares that 1! w ould have mdependently a dopted the rema1n mg pro v1S1ons sect1ons subsections paragraphs sentences. clauses phrases, or words of th1s Ord1nance 1rrespect1ve of the fact that any one or more proviSions sect1on s subsections paragraphs sentences clauses phrases . or words may be declared 1nvalid or unconstitutional SECTION 3: Publication. The C1ty Clerk shall cert1fy to the passage and adopt1on of th1s Ord1nance and to 1ts approval by the Mayor and sha ll cause the same to be published accordmg to law SECTION 4 : Effective Date. Th1s Ord n ance shall ta e effect th1rty 1 30) days after us adoption by the C1ty Counc11 PASSED, APPROVED, AND ADOPTED this __ day of ______ , 20 14 . MAYOR AITEST: APPROVED AS TO FORM : City Cle r k City Attorney I, Peggy Kuo , City C lerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 14-995 was introduced at the regular meeting of the City Council of the City of Temple City held on the 191 h day of A ugust, 2014 , and was duly passed , app roved and adop ted by said Counci l at the regu lar meeting held on September 2 , 20 14 by th e following vote: AYES : Councilmember: NOES: Councilme mber: ABSENT: Councilmember: City C lerk ---· ------------------ 3-5 D-9 . BEHAVIO R EX HIBIT "A " T ITLE 3 . PUB LIC SAFETY CH A PTER 5 . PARKS AND CIVIC C ENTER ARTIC LE D. PARK AC TI V ITI ES No person in a park or civic ce nter sha ll , except as expr ess writte n pe rmi ssion is granted by the parks a nd recreat ion commission : D. Have been responsible for the entry of a dog or other domestic animal into a city park except for dogs under the circumstances as provided for in Section 3-S D-11 areas other than automobile--f}arking concouf5es and walks immemateJ.y--adjacent thereto, and in such other areas as may be clearly maf.ked by signs bearing the words "Domestic Animal Permitted In This-Area". Noth~rein shall be construed as permitti-Ag the running of dogs at large. All dogs in those areas where suGJ:l-animals are permitted shall be restf.afned at all times--on adequate leashes not greater than four feet (4 ') in length j Note: Sections A -C and E-Q of this section remain unchange d. 3-SD-11 DOGS A . Dogs are prohibited in the following areas of the parks : 1 . Building interiors, patios , and covered walkways immediately adja cent thereto ; 2. Performing Arts Pavilion ; 3. Playgrounds ; 4 . Picnic she lters ; 5. Tennis courts ; 6. Basketball courts ; 7. Athleti c fields ; 8. Baseball/softball fields ; 9. Bleachers ; and 10 . Areas temporarily desi gnated by the Director during special events. B. Dogs are permitted in passive grass areas and walkways of the parks, not included i n A . above, or in areas designated from time to time by the D i r ector. The following r equirements shall be adhered to by the person(s) responsible for the dog: 1 . Dogs must be securely restrained by a leash no longer than six feet (6 ') of sufficient strength , and under the full care, custody and proper contro l of a competent and capable person . Dogs shall not b e left unattended at any time . 2 . Persons responsible for the dog shall immediately remove and properly dispose of any dog waste . 3. The presence of a dog shal l constitute implied consent of the dog 's owner or any person respons i ble for the dog, to s trictly follow the rules of th i s section and shall ------------------- constitute a waiver of liability to the city , its elected officials , officers and employees, and assumption of all risks , and an agreement and undertaking to protect, and indemnify, defend and hold harmless the city, its elected official s , officers and employees, for any injury or damage to persons or property during any time that the dog i s in the park o r civic center. C. Dogs controlled by law enforcement and legitimate service dogs and guide dogs are exempt from the prohibitions in Section 3-SD-11 A . D . Any person who violates any provision of this section is guilty of an infraction pursuant to Section 1-2-0-2 of the Temple City Municipal Code and may be subject to a penalty of $100 for the first offense and $200 for the second offense; subsequent violations shall be deemed "misdemeanors" and are subject to a penalty of $500. ATTACHMENT B Survey of Loca l C1t1es Regard1ng Dogs in Park Fac ili ties C1ty Dogs A llowed Restnct1ons /Commen ts (YIN) Within the lim1ts of any pa rks or public grounds . i t shall be unlawful for an y person to do an y of the following acts : To bring or cause to be brought onto Alham bra N the premises any animal regardless of whether or not such an imal is restrained . i.e ., on a leash or in a cage . Section 14 .04 .030 (does not apply to guide dogs , law enforcemen t dogs etc ) --- 1 y I Must be on le ash no more than 6 '; must dispose of Arcadia any anima l waste within 5 min . y Must be on le ash no more than 6 '; must d ispose of Duarte animal waste El Monte y Must be on leash ; must d ispose of any an ima l waste Unless strictly prohibited ; must be on leash no more than 6 '; overseen by someone at le ast 18 years of age ; no more than 1 dog i n a public park at any time ; y m ust be 4 + months ; wear current dog tags ; must Glendora remove/qUiet the dog if it barks , must dispose of animal waste http //geode us/codes/glendora/ -- Within th e l im its of any publ ic park , no person shall permit an y dog or other an i mal owned by h1m or La Verne N under h1s control to enter any public park within the ci ty ; provided . howeve r . that the prohibition shall not apply t o gUide dogs for the b lind (Sect ion 6 .16 080 ) Monrovia y I Must be on leash no more than 6 '; must dispose of any animal waste ; maintain proper control of dog Rosemead y I Must be on leash no more than 6 '; must dispose of any animal waste San Gabriel y I Must be on leash no more than 6 '; must dispose of animal waste Must be on leash no more than 6 '; no dogs a ll owed S1erra Madre y on designated p la y in g fie ld grounds (even if on leash) ATTACHMENT C Dogs in the Park : Ge neral Public Survey -Summary (June 18 Update) Total Surveys Collected to date (June 18) 175 Q1. Do you own a dog or mu l tiple dogs? (Respon ses 175) YES 68 00% NO 32 00% Q2a . If y ou answere d YES to Q1 , how likely are you to bring your dog(s ) to the park(s)? Temple C 1ty Park (Responses 119 ) L1ve Oa k P ar k (Responses 122) VERY LIKELY 67 23% VERY LIKELY 64 75 % SOMEWHAT LIKELY 10 08 % SOMEW HAT LI KELY 13 11 % SOMEWHAT UNLIKELY 4 20% SOMEWHAT UNLIKEL Y 41 0% VERY UNLIKEL Y 18 49 % VERY UNLIKELY 18 03% Q2b. If waste statio ns (e .g. bags and bins) were provided , how likely are you to use them? (Responses 124 ) VERY LIKELY SOMEWHAT LIKELY SO MEWHAT UNLI KELY VE RY UNLIKELY 81 45% 3 23% 4 84 % 10 48% Q2c . If you answered SOMEWHAT UNLIKELY or VERY UNLIKELY to Q2b , please briefly explain why : We always have bags on hand !! But the convemence would certa mly be mcelll"" We ALWAYS are prepated and have our own bags but a cc1 dents do happen and I d rather there be stat1ons for people who forge t or used rhelfs up, or happen to have r un out My dog has bashful bowels ·· ··Grass 1s eas1er .. Not planmng to bnng th e clog to the park Q3 . Wh ich of foll ow i ng accurately describes your level of support for this project of allowing leashed dogs in certain a r eas o f th e park(s)? (Responses 169) VERY SUPPORTIVE SOMEWHAT SUPPORTIVE SO MEWHA T AGAINS r V ERY AGAI NST UNSURE 58 58 % 11 83% 2 96 % 21 .89% 4 73 % ~~~----------- Q4. Please briefly explain your answer to Q3 . (Responses 47 ) ·our dog 1s a member of our family and 1t would be mce to have our dog mvolved with fam1ly t1me at the park "-VERY SUPPORTIVE A s long as dog owne1 s p1ck up the w aste o f the1r dogs ·-V ERY SUPPORTIVE "I ve lived m TC fo1 40 yrs and b as1cally live at th e park wl TCALL. . and should be able to bnng my dog to watch my k1ds play ball with out bemg asked to lea v e park -VERY SUPPORTIVE 'I would like to walk through the park and Sf/ at a p1cm c table t o rest "-VERY SUPPORTIVE D o g owners ca n be very 1rrespons1ble regardmg waste p1ckup . I vehemently opp ose leashed dogs at L1 ve Oak, a park whe1e k1ds a r e playmg every day "-SOMEWHAT AGAINST l thmk although dog s a re on leashes they m1gh t still scare the k1ds .. -SOMEWHAT AGAINST "To o many acc1dents Dog biles .. -VER Y AGAIN ST Dog biles and poo p are very common Keep my park clean [Don t] allow a dog for everyone s safety ·~VER Y AGAINST I would rather see a fenced. sectiOned-off area for dogs to run and play off leash -UNSURE "Not sure 1f all dogs c an get along -UNSURE QS . Which of thes e park facilities would you prefer to see dogs prohib i ted from? Temple C1ty Park (Responses 141 ) PLAYGRO UN D THE PAVILION (GAZEBO) PICNIC SHELTER GRASS A RE AS L1ve Oak Park (Responses 148) PLAYGROUND TE NNIS CO U RTS BASKETBALL COURTS 73 05 % 50 35 % 43 97 % 27 66 % 68 92 % 59 4 6 % 53 38 % PICNIC SHELTERS 45 95 % BASEBALL/SOFTBA LL DIAMOND S 45 95% ATHLETIC FIELDS 41 22% WALKWAYS O THER ( N O PROHIBITIONS") OTHER ('ENTIRE PARK") 19 86 % 11 35% 4 26% SPORTS BLEACHERS 30 41 % GRASS A REAS (N OT ATHLETIC FI ELDS ) WALKWAYS OTHER ('NO PROHI BITIO NS") OTHER ("ENTIRE PARK") 21 62% 18 24% 11 4 9% 4 05% QG . Are there any areas within the park(s) that you would prefer to see or be allowed to bring leashed dogs or any comments/concerns? (Responses 88) Preferred areas GRASS AREAS WALKWAYS PICNIC SHELTERS SPORTS BLEACHERS Commen ts summary ·t would love to see th1s ban lifted' 22 21 9 8 DOG PARK/SEPARATE PICNIC BENCHES GRASS AREAS AROUND PARK PERIMETER ONLY Warnmglv101at10n should [be} g1ven to clog owner who [doesn t} p1ck -up the1r dogs poop Tha t s why they have dog parks I bet1eve 11 1s bet let to have a separate atea fat dog owners to walk their dogs ·· !love dogs but 1t s not good to have them bother other people Not everyone l1kes dogs Owners should be 100% 1espons1ble for theu dogs stool and makmg sure they re framed 8 3 2 .. , m glad C1ty of Temple C1ty is t akmg one b1g step fotWard m surveymg publ1c opm10n on th1s 1ssue . " TC has become a very dog unfnendly City Dogs m the park should obey the1r owner N o one wants a yip , yippmg noisy dog a t th e park " I rn not sure that allowmg dogs would be a vety samtary opt1on ... I bel1eve there should be steep fmes for people who do not clean up after the1r dogs Too many people are 1rresponstble pet ownets and often tot the1r dogs run around without a leash would not feel comfortable lettmg my ch!ldten play m a park \'here owners like these walk the1r dogs· [lrrespons tble owners} rum 1t for the rest of the commumty I would support an mclus1ve area JUSt for dogs I would also mcrease f ines for not ptckmg up after your dog . Bnngmg bags to p1ck up after the dogs 1s the owners responsibility not the City s " No dogs m pat ks I was severely mauled by 2 dogs that got loose while on leashes as a ch1ld I never got over 11 City Arcad1a Baldwin Park Duarte El Monte G len dora Monrovia ATTACHMENT 0 Survey of Local Cities-Dogs in Par ks : Legal Language Municipal Code regarding Dog Control Article IV . Chapter 1, Part 2, Division 3, Section 4123 PROHIBITED : No person own1ng or having charge , care, custody or control of any dog shall cause, I permit , or allow the same to be or to run at large upon any highway , street, lane, alley , court or other public place. or upon any pnvate property or prem1ses other than those of the person own1ng or hav1 n g charge , care , custody or control o f such dog, unless such dog be restrained by a su bstantial cham or leash not exceeding six (6) feet in leng th and 1s 1n the charge, care, custody or control of a competent person . Title IX, Ch apter 96, Sectio n 96.02 Conduct in Pa rk s (G) Animals . No person shall bring into any public park any cattle . horse . mule, goat. sheep, swine , dog . cat or any an1ma l of any other kind , except that a dog or cat may be 1 permitted in the park 1f 11 is kept on a leash under full control of its owner or person I in possession .... Title 8, Chapter 8 .04 . Sect1on 8.04 .280 Runn1ng at large proh1b1ted : No person own1ng , havmg an 1nterest in. harboring , or having charge , care. control , custody or possess 1on of any dog shall cause or perm1t such dog to be oH the prem ises of 1ts owner , unless such dog is securely confined by a strong leash of not exceeding SIX feet , securely and continuously held by a competent person owning , having an 1nterest 1n, harbonng or having charge . care , control, custody or possess1on of such dog . unless s uch dog be con f1ned w1th1n an au tomobi le . Title 12, Chapter 12.48, Sect ion 12.48.050 Prohibited activities : The follow1ng actiVIties are prohibited w1thin all parks or recreational facilities as defmed I in this c h apt er: ... F To bring or ma 1nta1n therein any dog. unless such dog 1s kept at all t1mes under a leash under full control of its owner or custodian or fa1lure to dispose of any anima l I waste in any trash recep tacle . I T1tle 8, Chapter 8.08 , Section 8.08.075 Dogs proh ibited on public property-Exceptions: ... (c) In order to be subJect to the except1on set forth in subsection (b)(3) of this section , I all person al shall comp ly w1th all requiremen ts of law and the following rules and regulations : ... j (2) All dogs must be in the care , custody, and control of a person at least eighteen I 1 years old. An y person under eighteen years of age must be accompanied by and be under the direct superv1sion of an adult to enter the park with the on-leash dog . No adult J may have more than one dog in the public par k at any one time . All dogs must be und er the voice control of the1r caretakers at all t1mes . Dogs shall not be lef1 unattended at any t1me . ' Title 12, Chapter 12 .32 , Section 12.32 .050 RESTRI CTIO NS APPLICABLE TO C ITY 1 PARKS AND THE USE OF PARK FACILITIES : The followmg conduct or act1v1ty shall be prohibited rn the use of any park facility and w1th1n th e li mits of any c1t y park : .. (G ) Wildlife and oth e r ammals · I (6) ~nnging any amma l 1nto a park unless caged or kept on a leash no more than srx feet 1n length ; ... (8) Permit1ing any an1mal under that person 's contro l to disturb harass or mterfere w ith of local t f?'> ogs , P J L gall ng Pasaden a Rosemead San Marino San Gabriel any park visitor , a park visi t or's property or a city employee: ... Title 6 , Chapter 6 . 12, Running at large prohibi ted . I 1 A . No person owning, havi ng an interest in, harboring or having charge, care, control . custody or possess1on of any dog shall cause or permit such dog to be in or upon any I public street, alley or othe r public place or in or upon any unenclosed lot or premises, unless s uch dog is securely confined by a strong cord, chain or leash . not exceeding 6 I feet, securely and continuously held by a competent person owning, having an interest in , harbonng or having c harge , care , cont ro l , c ustody or possession of such dog , I or unless such dog 1s confined within an automobile or in an oH-Ieash dog area establish ed by ordinance and posted in accord with Section 6.12.011 of this code. 1 Also Title 3, Chapter 3.2 4 , Section 3 .24.1 10 Prohibit ed acts. (Specific t o Parks and Civic Center) I Title 6. Chapter 6 .06. Section 6.06.1 00 Runnin g at large prohibited No person owning . havi ng an interest in. harboring , or having charge, care, control, I custody or possess1on of any dog shall cause or perm1t such dog to be oH the premises 1 o f its own er, unless such dog is securely con fined by a strong leash of not exceedi ng six I feet, sec urely and continuously held by a competent pe rson owning, having an 1nterest in. harboring or having charge, care, control, custody or possess ion of such dog, unless such dog be confined within an automobi le. 1 Chapter 6, Article 5, Section 06 .05 .03: RUNNING AT LARGE PROHIBITED: It shall be unlawful for any person owning, controlling or having in his/her care or 1 keepi ng any dog , whether li censed or unlicen sed, to suffer or permit such dog to be at large upon the streets. alleys or public places or upon any vacant. unoccupied or unenclosed lots. lands or prem1ses w1th1n the c1ty unless such dog 1s on a leash and I under the control of a person . . I Chapter 17 , Art1cle 02, Sect1on 17.02 .06 : BEHAVIOR OF PERSONS IN PARK: l it shall be unlawful for any person to periorm in Lacy Park any of the activities prohibited / below, except as may be sp ecifically allowed by the city manager: ... B. Domestic Anima ls: No person shall bring any dog or other domest1c animal into th e park unless such animal is on a leash not greater than ten feet ( 1 0') in len gth and such animal remains on said leash at all times while i n th e ark .... T itle IX , Chapter 92, Section 92.52 LEAS HES REQUIRED : ANIMAL NUISANCES CLEANUP . I (A) No pe rson owning or having the c harge , care. custody or control of any dog shall cause , perm1t or allow the same to be or to run at large upon any street. lane, alley , I court or other public place in the c1ty , or upo n any pnvate property or prem1ses in the city I other th an those of the pe rson owning or having the charge care , custody or control of such dog, unless such dog shall be restrained by a substantial chain or leash not I exceed in g six feet in length and 1s in the care, custody or control of a competent I person. Title IX. Chapter 99, Sectio n 99.03 PROHIB ITED ACTS . 1 It shall be unlawful for any person to commit any of the following acts with1n the limits of any public park or playgro und 1n the c1ty : I (A ) To lead or let loose any animal of any ki nd, excep t dogs which are res tra ined by a 1 leash no over stx feet in length ; ... L_ __________________________ __ r L L ,, ..... : 0 q p ~ L ' L, I 9 South Pasadena S rerra Madre Chapt er 21 . Section 21 .23 Dogs in c ity parks Except for guide dogs and other s imilar dogs that assist indivi duals w rth d isabilities, or as othe rw ise permit1ed by s tat e a nd fede r a l laws, a perso n shall not be permitted to I have a d o g rn a ci ty park, unless that person compl ies with all the following requi rements : ... I (b) Each leash shall be held by a person capable of controlling the dog; ... T itle 6, Chapter 6 .04 , Section 6 .04 .050 An imal running at large . I No person own rng or havi ng charge , ca re , c ust ody or con trol of any dog shall cau se. I pe rmit , or allow t he same to e or run at large upon any h ig hway , s treet , lane, property or I premises ot her than those enclosed by fencing or structures suffic ient to confine such dog in th e city, un less s uch dog be restrained by a s ubstantial chain o r leas h not I exceedi ng six (6) feet in le ngth and is i n the charge , care , custody, or control of a competent person . N OTE: Many citie s utilize an amended versron of a Los Angeles County Animal Control Ordinance: The following provrsions of said Ordinances o f t he County of Los A nge les are hereby amended to read as follows : (A ) Section 701 of the Animal Control Ordina nce, designated as Ordinance No . 9454 of the County of Los A ngeles, is h e reby amended to read as follows : "70 1. N o person owning or havi ng charge , care , custody or control of any dog shall cause, perm rt , or allow the same to be or to run at large upon any h ighway, private street, lane , alley cou rt whe th er public or priva te, o r upo n an y public or priva te property or premises, o th e r th a n those of the person owning o r having charge, ca re , custody , or cont ro l of such dog , in the City of Bradbury, un less such dog be restrained by a su bstantral c h ain or leash not exceed ing s ix (6) feet in length and is in the charge, care , custody, o r co ntro l o f a compet e n t person ." L r ~ c, L 3 L c~nq lq