HomeMy WebLinkAbout4/1/2015 - STAFF REPORTS - 2.H. ALM S.
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^ C44FOR0%9'A CITY COUNCIL STAFF REPORT
DATE: APRIL 1, 2015 CONSENT CALENDAR
SUBJECT: PARKS AND RECREATION COMMISSION RECOMMENDATION TO
ALLOW DOGS OFF-LEASE IN CERTAIN DESIGNATED OFF-LEASE
AREAS IN DEMUTH PARK AND RUTH HARDY PARK.
FROM: David H. Ready, City Manager
BY: Parks and Recreation
SUMMARY
The Parks and Recreation Commission recommends the City Council consider a
proposed ordinance that would allow dogs off-leash, in a designated off-leash area of
two of the City's larger parks — Demuth Park and Ruth Hardy Park.
RECOMMENDATION:
Receive and file.
STAFF ANALYSIS:
In 2007, the City Council adopted an ordinance that allows dogs in all City parks on
leashes, except the Palm Springs Dog Park, where they are allowed off-leash. Prior to
2007, dogs were prohibited in City Parks, except for the Palm Springs Dog Park, and
the ordinance was adopted in response to an increase use of City Parks for dog
walking.
The proposed ordinance was initiated by the Parks and Recreation Commission. The
Commission has requested the City Council consider adding Section 11.44.075 to the
Palm Springs Municipal Code to allow dogs off-leash in a designated off-leash area in
Demuth Park and Ruth Hardy Park. The Commission observes that this use will further
allow people to exercise their dogs in a designed off-leash area.
The Parks and Recreation Commission -- Dog Park Subcommittee -- met with City Staff
to review the parks for areas to designate as an off-leash area. Two of the larger City
Parks — Demuth Park and Ruth Hardy Park — were selected for off-leash areas, as
these two parks have a large space that would provide for a designated off-leash area.
The proposed off-lease areas were presented to the Parks and Recreation Commission
at its November 18, 2014, meeting. After discussion, a motion was passed by a 7/0
ITEM NO, are
City Council Staff Report
April 1, 2015-- Page 2
Dog Off-Leash Areas
vote recommending that City Staff prepare a draft ordinance and further rules and
regulations for the off-lease designated areas.
The Parks and Recreation Commission recommended ordinance contains the following
regulations for the off-leash area:
• Owner must be 13 years of age or older.
• No person may have more than two dogs in the off-leash area.
• Dog must be under voice control and obeys voice commands.
• Dog must be within 50 feet of the owner.
• Dog must be at least four months old and be vaccinated.
• Prohibited dogs include ill, in heat or unreasonably aggressive.
• Owner must remove waste.
At the February 17, 2015, Parks and Recreation Commission meeting a motion was
passed 5/0 to recommend that the City Council consider a proposed amendment to the
Palm Springs Municipal Code.
Staff recommends the City Council receive and file the Parks and Recreation
Commission recommendation, and should the City Council wish to consider a proposed
ordinance, direct Staff to place this on an upcoming City Council agenda.
The Commission has also recommended the City install dog waste stations at all 15
City parks.
FISCAL IMPACT:
If an ordinance is adopted by the City Council, there will be nominal costs to add
signage to the designated off-leash dog areas.
The estimated cost to purchase and install dog waste stations at all 15 City parks is
$3,600, and to purchase dog waste bags and to maintain is estimated at $4,500
annually.
Enforcement costs are not quantifiable at this time. Enforcement would be complaint
based, and either a Police Officer or an Animal Control Officer would respond to a
citizen enforcement complaint.
MES THOMPSON DAVID H. READY, .
Chief of Staff/City Clerk City Manager
Attachments:
Draft Ordinance
Proposed Off-Leash Areas (to follow) 02
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 11.44.075 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO DOG OFF-
LEASH AREAS.
City Attorney Summary
This ordinance amends the City's existing Code to add a
section permitting dogs to be without a leash in Palm
Springs Dog Park and designated areas of Demuth Park
and Ruth Hardy Park.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS
AND DECLARES AS FOLLOWS:
WHEREAS, the Palm Springs Municipal Code currently prohibits dogs on public
property without a leash; and
WHEREAS, the City desires to permit dogs without a leash in certain designated
off-leash areas.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Section 11.44.075 is hereby added to Chapter 11.44 of Title 11 of
the Palm Springs Municipal Code to read as follows:
11.44.075 Off-Leash Areas.
(a) Notwithstanding section 10,28.010 of this code, dogs shall be permitted without a
leash in off-leash areas in accordance with the following requirements:
(1) No owner or keeper of a dog shall permit such dog to be in an off-leash
area unless in the care, custody, and control of a person 13 years of age or
older.
(2) Except at the Palm Springs Dog Park, no person shall have more than two
dogs in an off-leash area at any time.
(3) No owner or keeper of a dog shall permit such dog in an off-leash area
unless under voice control at all times. "Under voice control" shall mean that the
dog immediately obeys voice commands or signals of the owner or keeper.
1072988.1 03
Ordinance No._
Page 2
(4) Except at the Palm Springs Dog Park, no owner or keeper of a dog shall
permit such dog in an off-leash area unless the dog is within fifty feet of its owner
or keeper.
(5) No owner or keeper of a dog shall permit such dog to be in any off-leash
area except during posted hours of operation.
(6) No owner or keeper of a dog shall permit such dog in an off-leash area
unless the dog is at least four months of age, vaccinated for rabies, and has a
current animal license.
(7) No owner or keeper of a dog shall permit such dog in an off-leash area if
the dog is ill, in heat, or unreasonably aggressive.
(8) Any owner or keeper of a dog shall promptly remove and dispose of such
dog's waste from all off-leash areas.
(9) No owner or keeper of an animal other than a dog shall permit such
animal to be in an off-leash area.
(10) No person shall conduct dog obedience classes in any off-leash area.
(11) The use of any off-leash area by any person shall constitute an agreement
to comply with the requirements set forth in this section and to indemnify, defend,
and hold harmless the City, its elected officials, officers, employees, agents, and
volunteers, from and against any and all liabilities, losses, claims, injuries, or
damages arising from or related to the use of any off-leash area. The obligation
to indemnify, defend and hold harmless shall exclude any liabilities, losses,
claims, injuries, or damages caused by the sole negligence or willful misconduct
of the City, its elected officials, officers, employees, agents, or volunteers.
(b) For purposes of this section, "off-leash area" shall mean the Palm Springs Dog
Park and those areas of Demuth Park and Ruth Hardy Park designated by the City
Manager for such purpose and clearly marked by signage.
SECTION 2. Section 11.44.065(i) of Chapter 11.44 of Title 11 of the Palm
Springs Municipal Code is hereby repealed in its entirety.
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS DAY OF 2015.
1072988.1 04
Ordinance No._
Page 3
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on
2015, and adopted at a regular meeting of the City Council held on
2015, by the following vote
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
1072988.1 05
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Jay Thompson
From: Ron Siegel <ronsiegelinps@verizon.net>
Sent: Wednesday, April 01, 2015 7:21 AM
To: Jay Thompson
Subject: 2-H Wednesday April 1, 2015
Jay Thompson,
Please voice my objection to the "Dogs off Leash" suggestion./
I will approve if a fence is built for the dogs and the area will be cleaned daily of any droppings not picked up.
Thank you
Ron Siegel
695 E. Chia Rd
Palm Springs 92262.
Jay Thompson
From: Mike Miller <miller313@live.ca>
Sent: Wednesday, April 01, 2015 9:41 AM
To: Jay Thompson
Subject: City Council "Dog Park"
Hello;
I am writing today to give you my perspective as a winter resident of Palm Springs, and large dog owner.
I mention that I am a large dog owner because the outdoor exercise space required to adequately exercise a large dog is
significantly different from that required for a small dog, the dog of choice for the year round residents.
Let me backup a bit though and just tell you how much a dog can positively impact the lives of people,especially"empty
nesters'. Having a dog means having to go out everyday and meet people. It means having to go out everyday and get
some exercise. It means having some purpose in life, "someone" needs you.This is extremely important to the health
and well being of our senior population.
Over the last little while a lot of community discussion threads on the internet have devoted some time to the issue of
dogs off lease. While I do believe citizens need to follow the rules, I don't believe some of the rhetoric is appropriate.
When two segments of the population are this polarized, one blog actually had a comment that dog owners should be
shot, City Council needs to become involved.
Dog owners deserve to have their needs addressed.Just like soccer players need space, so do dog owners.
Demuth park is a favourite spot for early-late morning dog walkers. There is lots of space there, some devoted to sports
but lots of the space is open and not used for any specific sport.There seems to me that at Demuth park a solution that
would address the current user concerns and provide adequate space for dog owners could be found.
In closing I'd like to say a few words about the current PS off leash dog park. Initially we tried going to this facility but it is
grossly inadequate.There are lots of regular users and as a result it is over crowded and more of a "cage match
wrestling" area than a proper dog walk park.
Thanks for hearing my story and hopefully we can make this work for everyone.
Mike Miller
El Mirador
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Jay Thompson
From: Nmarabout <nmarabout@gmail.com>
Sent: Wednesday, April 01, 2015 1:02 PM
To: Jay Thompson
Subject: Dog park- ruth Hardy park
Hi,
I am a resident of Palm Springs and I live on Mel avenue. I writing you express my opinion on the dog park issue: I would
support the opening of a new dog park in ruth Hardy park provided it is gated and safe. I do not support the idea of
allowing dogs off leash throughout the park (although I am a dog owner) as is represents a hazard for kids, people, other
dogs walked on a leash and automobiles. Thanks for considering my opinion.
Regards,
Nick
Sent from my iPhone
1
Jay Thompson
From: Lowell Pearson <pearson6595@roadrunner.com>
Sent: Wednesday, April 01, 2015 4:42 PM
To: Jay Thompson
Subject: Dogs on leash
1. Dogs should be kept on a leash when in the public domain.
2. We do not need a 2nd dog park, especially not at Ruth Hardy.
3. Existing leash laws were written to be enforced.
Thank you.
Lowell W. Pearson
434 E The Palms St.
Palm Springs, CA 92262
760 327 9732
pearson6595 na,roadrunner.com
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