Legislation Details

File #: HIST-3324    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 8/28/2006 Final action: 8/28/2006
Title: Adoption of Ordinance Amending Sections 9.01.360 and 9.10.055(A), and Adding Subchapter 9.10.600, of the Culver City Municipal Code to Allow Dogs on Leashes on a Designated Dog Path in Culver West Alexander Park.
Attachments: 1. PoochPathOrdinance C-5.doc, 2. Dog_On_Leashes.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends the City Council adopt the Ordinance amending Sections 9.01.360 and 9.10.055(A), and adding Subchapter 9.10.600, of the Culver City Municipal Code to allow dogs on leashes on a “designated dog path” in Culver West Alexander Park (Attachment 1). BACKGROUND/DISCUSSION: At the City Council meeting of August 14, 2006, the Council introduced the Ordinance, as revised, by a unanimous vote (5-0). The consensus of the Council was that the ordinance that was brought forward, which allowed the Council to establish by resolution a designated dog path in any Culver City park, was too broad and was not the intent of the City Council when it requested that staff look into the possibility of creating a pathway for owners to walk their leashed dogs through Culver West Alexander Park. It was reiterated that it was the Council’s intent to amend the Culver City Municipal Code to specifically address the issue at Culver West Alexander Park. Therefore, with the assistance of staff, the City Council made the following non- substantive revisions to the Ordinance prior to its introduction: Meeting Date: 08/28/06 Item Number: C-5 AGENDA ITEM: Adoption of Ordinance Amending Sections 9.01.360 and 9.10.055(A), and Adding Subchapter 9.10.600, of the Culver City Municipal Code to Allow Dogs on Leashes on a Designated Dog Path in Culver West Alexander Park. Contact Person/Dept.: Heather Iker/City Attorney Phone Number: (310) 253-5660 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [] Attachments: [X] Public Notification: Master Notification List (08/23/06) Department Approval: Carol Schwab, City Attorney (by H. Iker 08/15/06) City Manager Approval: Martin Cole for Jerry Fulwood 8/22/06 City Controller Approval: Marlee Chang 8/22/06City of Culver City, California City Council Agenda Item Report  The provision giving Council authority to establish by resolution a “designated dog path” at any Culver City park was deleted, with the exception of the language that defines the term “designated dog path.”  The exception to allow dogs on leashes on any designated dog path within any Culver City park was revised to make such exception for the designated dog path in Culver West Alexander Park only.  The language affirming the law prohibiting dogs on leashes in parks except on any designated dog path was revised to specifically reference only the designated dog path in Culver West Alexander Park. (The language excepting the Culver City Dog Park remains.) All revisions have been included and the Ordinance, as revised, is brought back tonight for adoption. FISCAL ANALYSIS: The fiscal impact of this Ordinance was discussed at its introduction. Costs associated with designating the route as a “designated dog path” are expected to be approximately $500.00 for sign, paint and stencils (PRCS Parks Account 10133100.514100 – Departmental Special Supplies). Staff time devoted to the project will be approximately five hours (PRCS Parks Account 10133100.411100). The cost of a fence between the designated dog path and the children’s playground at Culver West Alexander Park has yet to be determined. This fence is still under consideration with any expenses being included in the Culver West Park Improvement Project (42300835.730100 – Improvements Other Than Building). ATTACHMENTS: 1. Ordinance MOTIONS: That the City Council: Adopt the Ordinance amending Sections 9.01.360 and 9.10.055(A), and adding Subchapter 9.10.600, of the Culver City Municipal Code to allow dogs on leashes on a “designated dog path” in Culver West Alexander Park. MEETING DATE: 08/28/06 AGENDA ITEM: Adoption of Ordinance Amending Sections 9.01.360 and 9.10.055(A), and Adding Subchapter 9.10.600, of the Culver City Municipal Code to Allow Dogs on Leashes on a Designated Dog Path in Culver West Alexander Park. ATTACHMENTS Pages Ordinance 1-4I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Aurrxiepirsor ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING SECTIONS 9.01.360 AND 9.10.055(A), AND ADDING SUBCHAPTER 9.10.600, OF THE CULVER CITY MUNICIPAL CODE TO ALLOW DOGS ON LEASHES ON THE "DESIGNATED DOG PATH" IN CULVER WEST ALEXANDER PARK. WHEREAS, Culver City Municipal Code §§ 9.10.360 and 9.10.055 (A), currently prohibit any dog from being within any public park, except that dogs are allowed in the Culver City Dog Park per §§ 9.10.400, et seq.; and WHEREAS, Culver West Alexander Park neighborhood residents have expressed concerns to the City Council about having to walk their dogs around Culver West Alexander Park, due to traffic and safety issues; and WHEREAS, in order to alleviate the concerns of these residents, the City Council has determined that a "designated dog path" should be designated in Culver West Alexander Park, upon which residents or other members of the public would be allowed to walk their dogs in a safe environment and without interfering with the other activities occurring in the Park. NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY ORDAIN as follows: SECTION 1. Section 9.01.360 of the Culver City Municipal Code is hereby amended to read as follows: / / / / / / / / /I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 § 9.01.360 DOGS RUNNING AT LARGE; PROHIBITION. It shall be unlawful for any person owning or having charge, care, custody or control of a dog in the City to cause, permit, or allow that dog to be at large upon any highway, street, lane, alley, sidewalk, square, median, parkway, court or other public place, or upon any private property or premises other than that of the person owning or having charge, care, custody, or control of the dog, unless that dog is restrained by a substantial chain or leash not exceeding six (6) feet in length and is in the control of a competent person. in addition to the foregoing, no person shall cause, permit or allow a dog under that person's charge, care, custody or control to be in any of the following places: any store, market, restaurant, cafe, lunchroom, soda fountain, bakery or kindred establishments wherein foods for human consumption are served, sold or kept for sale, or, except as permitted by Section 9.10.400 or 9.10.600, in any public park. SECTION 2. Section 9.01.055(A) of the Culver City Municipal Code is hereby amended to read as follows: § 9.10.055 PROHIBITIONS. Within the limits of any public park, it shall be unlawful for any person: (A) Having charge, care, custody or control of any dog, except as permitted by Section 9.10.400 or 9.10.600, or other animal, fowl, or reptile to cause, permit, or allow the same to be within the -2-1|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 limits of any public park within the City, unless such person shall have obtained a special permit from the City Council to conduct an entertainment or exhibition in which an animal is a participant. SECTION 3. Subchapter 9.10.600 of the Culver City Municipal Code is hereby added to read as follows: en, r-- t-• co.-. A IA J1 rt Pt A -r 'Er r. uC.arl-wivri. I 1J 1—FL"2 r-frt I § 9.10.600 DESIGNATED DOG PATHS. A. Notwithstanding any other provision in this Code, a person may have charge, care, custody or control of any dog upon the "designated dog path" in Culver West Alexander Park; provided, that such dog is at all times restrained by a competent person by a substantial chain or leash not exceeding six (6) feet in length. B. For purposes of this Section, "designated dog path" shall mean the pathway in Culver West Alexander Park that is identified by a conspicuously displayed sign indicating that it is a designated dog path, and where the pathway itself is marked with pictures of paw prints. C. Nothing in this Section shall permit or allow any person having charge, care, custody or control of any dog to permit or allow that dog to be in any portion of any public park, except as permitted by Section 9.10.400, other than on the designated dog path in Culver West Alexander Park. /// -3-• A. SCHWA I, ity Attorney -4- CHRISTOPHER ARM ENTA, City Clerk I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ti 28 SECTION 4. Pursuant to Section 619 of the City Charter, this Ordinance shall take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least thrg4=, places within the City. SECTION 5. The City Council hereby declares that, if any provision, section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. APPROVED AND ADOPTED this 28 th day of August, 2006. GARY SILBIGEER, Mayor City of Culver City, California