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Home My WebLink About10/1/2008 - STAFF REPORTS - 2.D. D,?ALM sp4 V N City Council Staff Report xR �CVR"oiuity Hx DATE: October 1, 2008 Consent Calendar SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1750, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1750. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1750, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS." STAFF ANALYSIS. At its September 17, 2008, meeting Proposed Ordinance No. 1750 was introduced by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. mes Thompson David H. Ready, EsgE ity Clerk City Manager Attachment: Ordinance No. 1750 Item 2 . Do PROPOSED ORDINANCE NO. 1750 AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 11A4A00 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS, CityAttorney's Summaa 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 1028.010 and 10.28.025 remain in full force and effect. 1 SSU 19G 2 y 4 Ordinance No. 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 AND ADOPTED THIS DAY OF 12007. STEVE POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM DOUGLAS HOLLAND, CITY ATTORNEY 550196 2 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (a OFFICE OF THE CITY CLERK James Thompson, City Clerk City Council Meeting Date: October 1, 2008 Subject: Ordinance Nos. 1734 and 1750 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that summary for Ordinance Nos. 1734 and 1750, adopted by the City Council on October 1, 2008, was published in the Desert Sun on October 11, 2008. 11declare under penalty of perjury that the foregoing is true and correct. 1 Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that the summary and a copy of Ordinance Nos. 1734 and 1750 was posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on October 8, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County oFRiverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen ....... years,and not a parry to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, No-3d73'-- — - -- ---- - County of Riverside,and which newspaper has been CITY OF PALM SPRINGS adjudged a newspaper of general circulation by the ORDINANCE NO.1750 Superior Court of the County of Riverside,State of AN ORDINANCE Or THE CITY Or PALM California under the date of March 24,1988.Case SPRINGS,CALIFORNIA,REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL Number 191236;that the notice,of which the CODE,PROI.IIBITING DCGS IN PARRS AND RECREATION AREAS annexed is a printed Copy(set In type not smaller CJys Munuy5umm8ry than non pariel,has been published in each regular This Palm Springs at andpel Code cunCity con- and entire issue of said newspaper er and not in an and a Provision that with the dogs m dry palk5 P•P Y •Intl rOCrpahUn antes with Iho exception o/the Supplement thereof on the following dates,to wit: Palm Spprigqs Dog Park. This Ordinsnce repeal¢ this prol�lot lion w I James Thompson,City Clerk of the Clty of Palm October II ,2008 1 $pangs California, do hereby cenily that Ordi- nance No.1750 was Introduced at a regular moot. Ing of the Palm Span s Cifyy Council on the 171h day of September 20�B an tl adopted at a regular ---uYvyy`Y—"J meeting of me Crty round hold on ho tat day of -.....----------..-----._-..._..-.-...---- Ocleber,200E by the[allowing vote: All in the year 2008 AYES: COuncilmombor, Hutcheson Mills Wmgol Mayor Pro Tern Fast and Mayor Pougnet NOES: None I certifyor declare under penalty of perjury that the ABSENT None ( P ty P J Y ABSTAIN: None foregoing i5 true and correct. Jam55 Thompson City Clerk Dated at Palm Springs,California this----13'",----day nro� of------- Octal ••--••—••••—••--••,2008 r. p --- ore n� 7+•� � w < CY_Q C� CCi wt5„YV a M1 �- W •ti y N [-yt CITY OF PALM SPRINGS ORDINANCE NO. 1750 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 11-44-100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS CitV AttorneV 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. 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 17th day of September, 2008 and adopted at a regular meeting of the City Council held on the 1st day of October, 2008 by the following vote: AYES: Councilmembers, Hutcheson, Mills, Weigel, Mayor Pro Tern Foat and Mayor Pougnet NOES: None ABSENT: None ABSTAIN: None mes Thompson City Clerk 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 1028.025 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. 1 5501961 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 AND ADOPTED THIS 1st DAY OF October, 2007. CERTIFICATION 1, 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 17th day of September, 2008 and adopted at a regular meeting of the City Council held on the I9C day of October, 2008 by the following vote: AYES: Councilmembers, Hutcheson, Mills, Weigel, Mayor Pro Tern Foat and Mayor Pougnet NOES: None ABSENT: None ABSTAIN: None James Thompson City Clerk 550196 2