HomeMy WebLinkAboutMC-1092
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Adopted: February 5, 2001
Effective: March 8, 2001
Ordinance No. Me-l092
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
6.24.130 OF THE SAN BERNARDINO MUNICIPAL CODE, REGARDING
2 DESIGNATED OFF-LEASH AREAS FOR DOGS IN PUBLIC PARKS,
3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO HEREBY ORDAIN AS FOLLOWS:
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Section 1.
Recitals.
A. The Mayor and Common Council have determined that the establishment of
6 designated off-leash areas for dogs within public parks will more fully serve the recreational needs
of City residents who own dogs.
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B. The Mayor and Common Council further determined that the establishment
8 of off-leash areas will provide a substantial benefit in the form of exercise and social interaction for
dogs and their owners.
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C. The Mayor and Common Council determined the most appropriate means by
10 which to establish off-leash areas within the City. The City has worked with local residents to
develop the regulations for usage of off-leash areas and local residents have indicated a willingness
11 to provide support for the establishment and maintenance of an off-leash area within a city park.
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D.
All legal prerequisites to the adoption of this Ordinance have occurred.
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13 Section 2. Section 6.24.130 of the San Bernardino Municipal Code is hereby
amended in its entirety to read as follows:
A. No person owning or having control of any dog shall permit such dog to be
15 present upon any public street, sidewalk, school ground, public park, playground or any other
public place, or any unenclosed private property not owned or lawfully possessed by such person,
16 upon any private property without the consent of the owner or lawful possessor thereof, unless
such animal is secured by a leash no more than six (6) feet in length. A person holding such leash
17 must be capable of maintaining direct physical control over the dog.
18 B. The provisions of paragraph A of this Section and any similar requirement
contained in the City's animal control regulations shall not apply to the following:
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1. Any dog used by a law enforcement agency.
2. Any dog while participating in a formal dog obedience training
21 program or any dog participating in a dog show or other program expressly permitted or sponsored
by the City.
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3. Any dog within a posted off-leash area in any city park, as
23 established by resolution of the City Council, provided however, that nothing herein shall relieve
the owner or person having charge, custody, care and or control of such dog from the responsibility
24 to maintain proper control over the dog nor shall this paragraph be construed as relieving such
person from any liability for any damages arising out of his or her use of a lease-optional area.
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C. In order to be subject to the exemption set forth in paragraph B.3 of this
26 Section, all persons must comply with all requirements oflaw and the following rules and
regulations when utilizing any off-leash area.
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1. No dog is permitted in an off-leash area except when in the care,
28 custody, and control ofa person at least thirteen (13) years old Any person under thirteen (13)
Me-1092
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
6.24.130 OF THE SAN BERNARDINO MUNICIPAL CODE, REGARDING DESIGNATED
2 OFF-LEASH AREAS FOR DOGS IN PUBLIC PARKS.
3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a i oint regular
meeting thereof,
5 held on the 5th day of February ,2001, by the following vote, to wit:
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Tho ''''''0;', "ro;~re;, h,,,by ..pm: ~""""'"
SUSAN LIEN, Mayor Pro Tempore
City of San Bernardino
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Council Members: AYES
ESTRADA x
LIEN x
McGINNIS x
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SCHNETZ x
SUAREZ x
ANDERSON x
McCAMMICK x
-
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9
10
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13
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Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
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By: tk-'Yrm 1 f~
o
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NAYS ABSTAIN ABSENT
C~11" J0~&~
,2001.
Me-Ion
1 years of age must be accompanied by and be under the direct supervision of an adult. No person
may have more than two dogs in an off-leash area at anyone time. No dogs are permitted in the
2 off-leash area except during posted hours of operation.
3 2. All dogs must be at least four months of age, vaccinated for rabies,
and currently licensed by the City's animal control authority. No dog that is sick, in heat, injured,
4 or less than four (4) months of age, or which displays aggressive behavior towards other dogs or
humans is permitted in any off-leash area.
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3. Any person having care, custody or control of a dog in an off-leash
6 area shall quiet or remove the dog if it barks and shall promptly remove and properly dispose of any
waste deposited by such dog.
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4. No animals other than dogs are permitted in any off-leash area.
5. The designated hours of use for the off-leash area shall coincide with
9 the regular hours of the park as designated by Section 12.68.020 of the municipal code.
10 6. As a condition of admission to an off-leash area, the owner or person
in custody of the dog shall carry a suitable container or instrument for the removal and disposal of
11 dog feces.
12 7. Any person having care, custody or control of a dog in the off-leash
area must have in his or her possession a leash for such dog which shall be worn by the dog at all
13 times the dog is not in the off-leash area.
14 8. All persons will otherwise comply with all rules governing city parks
and all relevant parking regulations.
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9. The use of an off-leash area by any dog shall constitute consent of
16 the dog's owner or any person having the care, custody or control of the dog, to strictly follow the
rules in this Section 6.24.130 and shall constitute a waiver ofliabi1ity to the City, its elected
17 officials, officers, and employees, an assumption of all risks, and an agreement and undertaking to
protect, indemnify, defend and hold harmless the City, its elected officials, officers and employees,
18 for any injury or damage to persons or property during any time that the dog is in the off-leash
area, and during any time that a dog may escape from the off-leash area.
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D. In the event that any provision of this Ordinance, or any part thereof, or any
20 application thereof to any person or circumstance, is for any reason held to be unconstitutional or
otherwise invalid or ineffective by any court of competent jurisdiction on its face or as implied, such
21 holding shall not affect the validity or effectiveness of any of the remaining provisions of this
Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said
22 provision as applied to any other person or circumstance. It is hereby declared to be the legislative
intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid,
23 or ineffective provisions not been included herein.
24 E. Any person violating any provision of Section 6.24.130 shall be guilty of an
infraction, punishable as set forth in Section 1.12.010 of this Code.
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F. The violation of any of the provisions of this Ordinance shall constitute a
26 nuisance and in response therefore, the City may ban the offending dog(s) and/or itsltheirs owner(s)
or person( s) in custody of the dog( s) from use of the off-leash area.
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III