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Home My WebLink About11/7/2007 - STAFF REPORTS - 3.A. F ?ALM .p ' u' h'bro Y CgCIFp RN�P^ City Council Staff Report DATE: November 7, 2007 New 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 Under the current City Ordinance, dogs are prohibited in all city parks, except the Palm Springs Dog Park. Yet, many people are using the parks for dog walking. Responsible dog walking, seemingly, has not created negative issues in the parks, and staff observes this use, although prohibited, demonstrates a need for additional areas for residents to exercise with their pets. Hence, staff requests that 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 of 2006. Although prohibited, staff has observed regular use of the parks, primarily in the early morning and evening hours, for dog walking. Moreover, there is no effective method of enforcing the City's Ordinance prohibiting dogs in the parks without a consistent enforcement effort at each location. Obviously, this level of enforcement has significant cost implications and diverts resources away from other vital park tasks such as maintenance. ITEM N0. City Council Staff Report November 7, 2007—Page 2 Dogs in City Parks Staff has been contacted by the Desert Healthcare District with a proposal to develop wellness programs at the Wellness Park that would include dog and owner participation. The program is intended to highlight the positive health benefits of pet ownership and promote exercise for both pets and owners. Staff conducted an informal survey of a number of cities in Southern California to determine whether most allow or prohibit dogs in public parks. It appears there is an almost even split between those that allow or prohibit dogs in parks, with the culture of each city dictating the practice. This matter was presented to the Parks and Recreation Commission. After discussion, a motion was passed by a 4/3 vote to recommend that City Council amend the Palm Springs Municipal Code to allow dogs in City parks, with the requirements of leashes and removal of pet waste. The issue was also presented to the Office of Neighborhood Involvement Steering Committee for their input. They recommended that the ban on dogs be lifted as long as dogs were on a leash and owners exercise "responsible use." In addition, they recommend that the item be brought back for review to determine the efficacy of the program and that the City create an educational program for use on Channel 17 and post signs which inform park users of the penalties for not adhering to the provisions of "leashes" and "waste cleanup." However, the Movie Colony representative voted no and the Historic Tennis Club was unavailable for that particular meeting. FISCAL IMPACT: If approved, modification of existing park signs and additional signs would cost approximately $1,000, per the City Engineer. Sharon Heider, Director Tro utzlaff, A i nt City Manager Department of Parks and Recreation Adm It trative SIhn i s David H. Ready, Cit "ger Attachment: Ordinance 2 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. 1 3 ssm ert� 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. RON ODLN, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM DOUGLAS HOLLAND, CITY ATTORNEY 4 [[m nF v 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 and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES,- ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 1 5 550196.2