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HomeMy WebLinkAbout01-26 Number of Dogs Per Person Allowed into Bark ParkORDINANCE NO. D!'d. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REPEALING AND REPLACING SECTION 12-42 OF THE COSTA MESA MUNICIPAL CODE RELATING TO DOGS GENERALLY AND SPECIFICALLY ADDING A LIMITATION ON THE NUMBER OF DOGS PER PERSON THAT MAY BE BROUGHT INTO THE BARK PARK WHEREAS, the City Council of the City of Costa Mesa has previously designated and established a certain portion of Tewinkle Park to be used as a dog park where dogs are free to roam without leash restrictions (the "Bark Park"); and WHEREAS, the City Council of the City of Costa Mesa desires to maintain the Bark Park in a manner that protects not only the health, safety and welfare of the general public, but the dog owners/handlers, visitors and dogs, who utilize the Bark Park; and WHEREAS, it is -the City's intent that individuals using the Bark Park remain responsible for their dog(s) and follow all rules and regulations established for users of the Bark Park; and WHEREAS, it is difficult for one person to supervise and maintain adequate control over several dogs at the same time; and WHEREAS, the City Council of the City of Costa Mesa finds that limiting the number of dogs that one person may have at the Bark Park at one time is necessary to protect the health, safety and welfare of persons and dogs using the Bark Park; WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS: Section 1. That Section 12-42 of the Costa Mesa Municipal Code is hereby repealed and replaced to read as follows: Section 12-42. Dogs generally. (a) For purposes of this section, the following words and phrases shall have the meanings as set forth below: (1) "Responsible person" means any person who owns, has a proprietary interest in, harbors or has the care, charge, control, custody or possession of a dog. (2) "Dog exercise area" means any fenced area or other enclosed area of a city park designated by the city council by resolution or ordinance as an area where dogs may be off a leash. (b) No responsible person shall permit his dog(s) to be in or upon any public street, sidewalk, park or other public place unless such dog(s) is upon a secure leash not more than six (6) feet long held continuously in the hands of a person capable of controlling the dog, or unless the dog is securely confined within an automobile, or in or upon any fully enclosed lot or premises; provided, however, that this subsection shall not apply to a person who is in the possession or operating within the terms of a valid permit from the city to conduct obedience classes or other types of trial or show of dogs in or upon any public place. This subsection shall not apply to dogs under the control of a responsible person in a dog exercise area. (c) All responsible persons shall clean up after their dog(s) and remove all dog feces left by their dog(s) upon any public street, sidewalk, park or other public place, or any private property not owned by the responsible person, and dispose of it in a sanitary and proper manner. (d) In addition to such other regulations that may be adopted from time to time by the parks, recreation facilities and parkways commission, the following regulations and limitations shall apply to all dog exercise areas: (1) No responsible person shall have more than four (4) dogs at once in a dog exercise area. (2) Dog exercise areas will be open from dawn to dusk and closed one (1) day per week as posted for maintenance. The operational hours may be adjusted as conditions require. (3) All responsible persons shall, at all times, take all reasonable precautions to prevent their dog(s) from biting, attacking or attempting to bite or attack any person or dog. A responsible person shall immediately remove his dog from the dog exercise area if it bites, attacks or attempts to bite or attack any person or dog. (4) Any dog over the age of four (4) months must be vaccinated and legally licensed prior to use of any dog exercise area. Dogs under the age of four (4) months are prohibited from any dog exercise area pursuant to section 1920 of the Health & Safety Code. (5) Female dogs in heat are not permitted in any dog exercise area. (6) There shall be no food or food products, whether intended for human or dog consumption, in any dog exercise area. (7) All responsible persons using a dog exercise area must have a leash in their possession at all times for each of their dog(s) in the dog exercise area, which shall be worn by the dog(s) at all times the dog(s) is not in the dog exercise area. (8) All responsible persons shall also comply with all rules governing city parks and relevant parking regulations. (9) Use of any dog exercise area by a responsible person and his dog(s) shall constitute implied consent of the responsible person to all of the conditions set forth in this section, a waiver of liability benefiting 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 a responsible person's dog during any time that the dog is in the dog exercise area. (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. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. PASSED AND ADOPTED this 15d`day of Q Com, , 2001. ATTEST: Deputy City Oerk of the City o osta Mesa APPROVED AS TO FORM: , Z66 C ?-�C'ity 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. 01-d( was introduced and considered section by section at a regular meeting of said City Council held on the I $ day of QL+ 7': , 2001, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 161—''day of 6 e! � , 2001, by the following roll call vote: AYES: COUNCIL MEMBERS: C O wit til )(,o,v, M0 nJ.414 4� � Z 3;nlSoa% � TEL NOES: COUNCIL MEMBERS: No AJC— ABSENT: COUNCIL MEMBERS: N o fJt':� IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this /6 day of ©C'. %. , 2001. Am hi j Deputy City Jerk and ex -officio Clerk of the City Council of the City of Costa Mesa