HomeMy WebLinkAbout96-13 Amending Code Pertaining to Regulations of Dogs, GenerallyORDINANCE NO. 96-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING SECTION 12-42
OF TITLE 12 OF THE COSTA MESA MUNICIPAL CODE
PERTAINING TO REGULATIONS OF DOGS, GENERALLY.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 12-42 of Title 12 of the Costa Mesa Municipal Code is
hereby amended to read as follows:
Sec. -12-42. Dogs Generally.
(a) No person owning, having a proprietary interest in, harboring or having
the care, charge, control, custody or possession of a dog, shall permit such dog to be
in or upon any public street, park or other public place unless such dog is upon a
secure leash not more than six feet long held continuously in the hands of a
responsible person capable of controlling the dog, or unless the dog is securely
confined within an automobile, or in or upon any enclosed lot or premises; provided,
however, that this section shall not apply to any such person who is in possession or
operating within the terms of a valid,- unrevoked permit from the City for the conduct
of obedience or other types of trial or show of dogs in or upon any public place.
(b) - This section shall not apply to dogs under the control of a competent
person in a designated fenced dog exercise area in a City park or portion of a City park
approved and designated for that purpose by the City Council.
(c) The following regulations and limitations shall apply to all dog exercise
areas:
1. Designated off -leash exercise areas will be open from dawn to dusk
and closed one day per week as posted for .maintenance. The operational hours may
be adjusted as conditions require.
2. Owners of dogs making use of, the facilities shall clean all dog feces
from the designated area and dispose of it 'properly.. ,
3. Aggressive dogs are not permitted .in the exercise areas and dogs
who become aggressive shall be removed immediately. Owners are legally responsible
for any injury caused by their dog.
4. Any dog over the age of four months shall have been vaccinated
and legally licensed prior to use of the designated exercise area. Dogs under the age
of four (4) months are prohibited pursuant to section 1920 of the Health & Safety
Code.
5. Female, dogs in heat are not permitted to use the facilities.
6. There shall be no food in the exercise area.
7. The owner of any dog using the designated exercise area must
have in his possession at all times that the dog is in the exercise -area a leash for such
dog which shall be worn by the dog at all times the dog is not in the exercise area.
8. Owners will otherwise comply with all rules .governing the parks
and relevant parking regulations.
9. Use of the dog exercise area by any dog shall constitute implied
consent of the dog's owner to all of the . conditions stated in this section and shall
constitute a waiver of liability to the City of Costa Mesa and an agreement and
undertaking to protect, indemnify, defend and hold the City -of Costa Mesa harmless
for any injury or damage caused by such dog during any time that the dog is in the ,
exercise area.
(d) Section 41.045 of the Orange County animal control ordinance shall be,
insofar as applicable, enforceable in any and all parks within the City.
(e) The provisions of this Section shall be enforceable by any police officer,
animal control officer, park ranger or other code enforcement officer of the city
pursuant to Section 1-33 of this Code. In addition to any other remedies, the City
officer shall have the authority to eject any person who violates this section pursuant
to Section 12-20 of this title."
Section 2. If any chapter, article, section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance, or the application thereof to any person,
is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the
fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or
portions of the- application thereof to any'.person, be declared invalid or
unconstitutional. No portion of this Ordinance shall supersede any local, State, or
Federal law, regulation, or codes dealing with life safety factors.
Section 3. Publication.
This ordinance shall take effect and be in full force and effect thirty (30) days
from and after its passage and, before the expiration of fifteen (15) days after its
passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a
newspaper of general circulation printed. and published in the. City of Costa Mesa, or,
in the alternative, the City Clerk may cause to be published a summary of this.
Ordinance and. a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published
the aforementioned summary and shall post in the office of the City Clerk a certified
copy of this Ordinance together with the names of the members of the City Council
voting for and against the same.
PASSED AND ADOPTED this /$t- day of , 1996.
ATTEST:
J�,7 —I ".
Deputy C y Clerk
of the City of Costa Mesa
MaS qo
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 96-13 was introduced and considered section by section at a regular
meeting of the City Council held on the 4th day of November, 1996, and thereafter
passed and adopted as a whole at a regular meeting of the City Council held on the
18th day of November, 1996, by the following roll call vote:
AYES: Erickson, Buffa, Hornbuckle, Genis, Monahan
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa'this 19th day of November, 1996.
Deputy C' y Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa