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Home My WebLink About6.1 DogWOLeashMuniCode CITY CLERK File # JJ ' AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 20, 2004 SUBJECT: Amendment of the Dublin Municipal Code to allow dogs to run without a leash in any area designated as a dog run by the City Manager, including the Bray Commons dog run, which is currently under construction. Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1. Draft Ordinance RECOMMENDATION: ,q ,,~// 1. Receivethe staff report; . 2. Open the public hearing; 3. Receive public testimony; ~' 4. Close the public hearing and deliberate; and 5. Waive the reading and INTRODUCE the ordinance FINANCIAL STATEMENT: None at this time BACKGROUND: Currently, the Municipal Code prohibits dogs from running at large - not under restraint by leash or chain or not otherwise controlled by a competent person -- in public places, including parks. As an example, Section 5.100.130 of the Code currently sets forth in part that no person in a park shall "permit a dog in a park unless such dog is under complete control of its owner or custodian at all times and led by a leash of suitable strength not more than six feet in length." Bray Commons, which is currently under construction, will include an off-leash dog run in addition to other amenities including two age appropriate children's play areas, basketball court, volleyball court, picnic areas, informal grass play area and walking paths. The park is anticipated to open in June 2004. Thus, the Municipal Code needs to be amended to allow dogs to nm without a leash at the dog run at ,Bray Commons. The attached ordinance amends the Municipal Code in several places to allow dogs to run without a leash in any area designated as a dog run by the City Manager or his authorized representative, so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property. The amendments are shown underlined. The amendment to the Municipal Code is not limited to Bray Commons, but allows dogs to run without a leash in any area designated as a dog run by the City Manager, recognizing that other dog runs may be constructed in the future. By including the broader language, the City will not need to amend the Code each time a dog run is constructed. COPIES TO: ~t_ ITEM NO. G:\COidNCILL~genda Statements~004\l-20 bray dog run.doc [ ~ ~ RECOMMENDATION Staff recommends the City Council receive the staff report, open the public hearing, receive pubiic testimony, deliberate, close the public hearing and waive the reading and introduce the ordinance (Attachment 1). ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING DUBLIN MUNICIPAL CODE SECTIONS 5.36.o:~o, 5.36.370 AND 5.1OO.130 TO ALLOW FOR DOGS TO RUN WITHOUT A LEASH IN ANY AREA DESIGNATED AS A DOG RUN BY THE CITY MANAGER THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1: PURPOSE Bray Commons is currently under construction and will include an off-leash dog run. In . the future, other offAeash dog runs may be constructed in the City. The purpose of this Ordinance is to modify the Municipal Code to allow dogs to run without a leash in any area designated as a dog run by the City Manager or his authorized representative. Section 9: AMENDMENTS TO THE MUNICIPAL CODE Section 5.36.220 of the Dublin Municipal Code is hereby amended to read as follows: "No owner shall allow or permit any dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, or in or upon any private place or premises other than those of said owner except with the consent of the person in charge of said private place or premises, unless such dog is securely restrained by a substantial leash not to exceed six (6) feet in length and is in charge and control of a person competent to keep such dog under effective charge and control; provided however, nothing in this section shall prevent a dog from being used without leash to hunt wild birds or game or to heard, guard, gather, or otherwise work domestic animals or fowls in or upon a public place or premises so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property. In addition, nothing in this chapter shall prevent a dog from running without a leash in any area designated as a dog run by the Director so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property. For purposes of this section, any dog in or upOn any Vehicle shall be deemed to be on the premises of the operator thereof." Section 5.36.370 of the Dublin Municipal Code is hereby amended to read as follows: "It shall be the duty of the Director to take up, impound, and safely keep any of the animals enumerated in this chapter and found running at large contrary, to the provisions of this chapter, staked, tied, or being herded or pastured in any street, lane, alley, court, square, park, or other place belonging to or under the contrOl of the city." Section 5.~oo.13o of the Dublin Municipal Code is hereby amended to read as follows: "Unless expressly authorized by the Director, no person in a park shall: A. Capture, hunt, molest, injure, frighten, trap, kill, tease or hurt, throw or otherwise project objects at any wild or domestic fowl, animal, reptile, fish or bird; B. Let loose or permit to run at large, lead or otherwise bring any horse, mule, ass, cattle, goat, sheep, swine or other animal, reptile, bird or fowl of any kind; nor bring any living thing that constitutes a safety hazard or a public nuisance as defined in Section 3479 of the California Civil Code; provided however, nothing in this chapter sh~ll prevent a dog from running without a leash in any area designated as a dog run by the Director so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property; C. Permit a dog in any park unless such dog is under complete control of its owner or custodian at all times and led by a leash of suitable strength not more than six feet in length; provided however, nothing in this chapter shall prevent a dog from running without a leash in any area designated as a dog run by the Director so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property_; D. Abandon any animal, bird, fish or reptile in any park; E. Permit any animal to defecate upon a park unless the person immediately removes the feces and properly disposes of it." Section 3: EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED bythe City Council of the City of Dublin this day of ,2004, by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED: Mayor ATTEST: City Clerk G:\COUNCIL~Agenda StatementsL2004Xl-20 dog leash ordinance.doc