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HomeMy WebLinkAbout1750 - ORDINANCES - 10/1/2008 ORDINANCE NO. 1750 AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS. City Attorney's Summary This Palm Springs Municipal Code currently contains a provision that prohibits dogs in city parks and recreation areas with the exception of the Palm Springs Dog Park. This Ordinance repeals this prohibition. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. Section 11,44.100 of the Palm Springs Municipal Code, relating to dogs in parks and recreation areas, establishes that, with the exception of Palm Springs Dog Park, no person owning or having the control or care of any dog shall bring such dog (except a seeing eye dog leading a blind person) into or upon a public park or recreation area; nor shall any such person otherwise suffer or permit such dog to enter or remain in a park, nor shall any such person otherwise suffer or permit such dog to enter or remain in a public park or recreation area. B. Section 10.28.010 of the Palm Springs Municipal Code, relating to dogs running at large, establishes that no owner or keeper of a dog shall allow, permit or suffer such dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, or in or upon any unenclosed private place or premises, or in or upon any enclosed private place or premises other than those of said owner or keeper 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 exceeding six feet in length and is in charge and control of a person competent to keep such dog under effective control- C. Section 10.28.025 of the Palm Springs Municipal Code, requiring dog defecation to be removed by dog owners, establishes, among other points, that, with the exception of a blind person, no person owning, keeping or having in his or her care or custody any dog shall knowingly fail, refuse or neglect to clean up any feces of such dog immediately and dispose of it in a sanitary manner whenever such dog has defecated upon public or private property without the consent of the public or private owner or person in lawful possession or charge of the property. D. This ordinance repeals Section 11.44.100 of the Palm Springs Municipal Code. Sections 10.28.010 and 10.28.025 remain in full force and effect. Ordinance No- 1750 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Section 11.44.100 of the Palm Springs Municipal Code, relating to dogs in parks and recreation areas, is hereby repealed. Section 2. EFFECTIVE DATE 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 THE 1 ST DAY OF OCTOBER, 2008. STEPHEN P. POUGNET, MAYOR ATTEST: / MES 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. 1750 was introduced at a regular meeting of the Palm Springs City Council on the 17t" day of September, 2008, and adopted at a regular meeting of the City Council held on the 15t day of October, 2008 by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None- ABSENT: None. ABSTAIN: None A es Thompson, City Clerk ity of Palm Springs, California s i zC900