HomeMy WebLinkAbout9/17/2008 - STAFF REPORTS - 3.A. OF ?ALM s
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x C'lLIFORN\�"e City Council Staff Report
DATE: September 17, 2008 Old Business
SUBJECT: AMEND SECTION 11.44.100 OF THE PALM SPRINGS
MUNICIPAL CODE TO ALLOW DOGS IN CITY PARKS
FROM: David H. Ready, City Manager
BY: Department of Parks and Recreation
SUMMARY
At the November 7, 2007 City Council meeting, staff was directed to conduct a
one-year pilot program to allow dogs in City parks. The existing City ordinance
prohibits dogs in all City parks, except the Palm Springs Dog Park. During this
pilot program, staff have received no complaints, are not aware of any new
issues regarding dogs in parks, and have identified no increase in dog waste
within the parks. Staff is returning at the end of this one-year pilot program and
recommends the City Council consider amending Section 11.44.100 of the Palm
Springs Municipal Code to allow dogs in City parks, with the requirements of
leashes and removal of pet waste.
RECOMMENDATION:
1. Waive the reading of text in its entirety and introduce by title, Ordinance No.
11.44.100 "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:
Currently, dogs are prohibited from all City parks, except the Palm Springs Dog
Park. The ordinance banning dogs from parks was put into effect in July 2006 in
response to an increase in loitering and camping problems, especially at Sunrise
Plaza. In addition to these problems, there was also an increase in complaints
about dogs running in the park off leash. In an effort to reduce the impacts to the
park, several park rules and ordinances were put in place. One of those was to
prohibit dogs in all City parks-
ITEM NO.
City Council Staff Report
September 17, 2008—Page 2
Dogs in City Parks
Since that time, the problems of camping and loitering seem to be under control.
Although dogs are prohibited in the parks, staff has noted regular use of the
parks, primarily in the early morning and evening hours, for dog walking.
The majority of the use is by those with dogs on leash and, although picking up
dog waste is always a challenge, no significant problems have been
experienced. Currently, there is no effective method of enforcing the City"s
ordinance prohibiting dogs in the parks.
FISCAL IMPACT:
If approved, there will be nominal costs to change out the existing park signs.
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Sharon Heider, Director Tom Wilson, As istant City Manager
Department of Parks and Recreation
David N. Ready, City er
Attachment:
Ordinance
ORDINANCE NO,
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.
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SSuIYG 3
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 2007.
STEVE POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM
DOUGLAS HOLLAND, CITY ATTORNEY
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