HomeMy WebLinkAbout22-Parks and Recreation
, . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Date: December 11,2000
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Subject: RESOLUTION ESTABLISHING A
DESIGNATED OFF-LEASH DOG PARK AT
WILDWOOD PARK AND AUTHORIZATION
TO TRANSFER 516,000 IN PARK
CONSTRUCTION FUNDS TO COVER COST
OF CONSTRUCTION AND AMENDMENT OF
THE MUNICIPAL CODE TO ESTABLISH
DESIGNATED OFF-LEASH AREAS FOR
DOGS IN PUBLIC PARKS.
From: Annie F, Ramos, Director
Dept: Parks, Recreation & Community Services Dept.
Synopsis of Previous Council Action:
January 8, 2001 - Council continued this item to the meeting of January 22, 2001
Recommended motion:
Motion 1: Adopt Resolution
Motion 2: That the Director of Finance be authorized to amend the FY 2000-2001 Park Construction Budget
and transfer $16,000 from Account No. 243-363-5505-1944 (AI Guhin Park Development) to cover
construction costs for the off-leash dog park at Wildwood Park.
Motion 3: That the ordinance amending the San Bernardino Municipal Code regarding designated off-leash
areas for dogs in public parks be laid over for final adoption.
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Signature
Contact person: John Kramer Phone: 384-5031
Supporting data attached: StalTReport. Roso. w!attachment"A," ordioance Ward: 4
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.) 243-363-5504-1944
(Acct. Description) Al Guhin Park Development
Finance:
Council Notes:
12-11-00
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Su~ject:
Resolution establishing a designated off-leash dog park at Wildwood Park and authorization to
transfer $16,000 in Park Construction Funds to cover cost of construction and amendment of the
Municipal Code to establish designated off-leash areas for dogs in public parks.
Background:
At its August 17, 2000 meeting, the Park and Recreation Commission received a presentation
and proposal from a group of private citizens to develop an off-leash dog park at Wildwood
Park. In response to this request, the Commission appointed an ad-hoc committee comprised of
Commissioners, staff, and citizens to further study the proposal. The ad-hoc committee
conducted several meetings, including on-site meetings at Wildwood Park, as well as hearing
presentations from dog-park proponents from other cities.
Based on their study and public input, the Commission conducted a Public Hearing on December
14, at the Feldheym Library. Input at the hearing was all favorable for an off-leash dog park in
the area shown on Attachment "A". The Commission adopted the following motions based on
this community input:
Motion 1: That the hearing be closed;
Motion 2: That the Commission recommend to the Mayor and Common Council that a Dog
Park be developed at Wildwood Park at the designated site;
Motion 3: That $16,000 in Park Construction Funds be transferred from Al Guhin Park
Development to cover construction costs;
Motion 4: Direct staff to recommend to Council the appropriate amendments to the San
Bernardino Municipal Code.
An estimated 1600 linear feet of chain link fence is required for the off-leash dog park. The
department is estimating costs at $10 per linear foot. While one fence company estimate was at
$14 per linear foot, the department believes that competitive bidding will bring the project in at
or below estimate. The exact specifications for the fencing still need to be determined. The Ad
Hoc Committee to the Parks and Recreation Commission suggested 4' fencing, however, the
Animal Control Commission suggested 6' fencing. A design committee from both commissions,
interested citizens, and staff from the two departments will finalize the layout and fence
specifications if the off-leash dog park is approved.
The amendment to the Municipal Code allows for the establishment of designated off-leash areas
for dogs in city parks and sets rules and regulations of use, such as no animals other than dogs
permitted, no sick, in heat, injured, or less than four (4) months of age (see attached ordinance
Section 2-C 1-9 for additional rules and regulations). Signs will be posted displaying the rules
and regulations. The amended Municipal Code has been reviewed and approved by the Animal
Control Commission and staff. The Municipal Code currently prohibits dogs from running loose
or unrestrained in the city.
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Liability should not be a major issue. Over a dozen cities with dog parks, some for more than
five years, were surveyed by staff and not one city has had a claim. These cities were Rancho
Cucamonga, Upland, Palm Springs, Redlands, Palm Desert, Riverside, Claremont, Costa Mesa,
Laguna Beach, Los Angeles, Poway and Huntington Beach. The only city that has had a
problem is Huntington Beach. Their dog park has created a noise issue because it is within 50
feet of a residential area. This will not be a problem at Wildwood Park since residential areas are
approximately 400 or more feet away. Additionally, the department will be working closely with
community members who have been proponents of the dog park to help minimize risks. These
members have agreed to be a part of a support group to help enforce rules, educate users about
dog park usage and etiquette, and assist with maintenance. This will include eliminating gopher
holes and mounds. Further, the ordinance constitutes a use of the dog park is implied consent by
the user to waive liability, assume all risk and undertake to indemnify, defend and hold the city
harmless. The City's Risk Management staff has reviewed the liability issues of dog parks and
believes that a dog park at Wildwood Park does not present any increased risk to the City.
Financial Impact:
Cost to construct 1,600 feet of chain link fencing is estimated to be $16,000. It is recommended
that $16,000 be transferred from the Al Guhin Park Development Account (243-363-5504-1944)
to this project. These funds are surplus from a previous project allocation at AI Guhin Park.
Additional costs for signage, trash cans, benches, and a drinking fountain, estimated at $6,000,
will come from community donations solicited by community members or from the Parks and
Recreation Department's approved budget.
Recommendation:
Adoption of the form motions is recommended.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
6,24,130 OF THE SAN BERNARDINO MUNICIPAL CODE, REGARDING
DESIGNATED OFF-LEASH AREAS FOR DOGS IN PUBLIC PARKS,
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO HEREBY ORDAIN AS FOLLOWS:
Section 1.
Recitals,
A. The Mayor and Common Council have determined that the establishment of
desijplated off-leash areas for dogs within public parks will more fully serve the recreational needs
of City residents who own dogs,
B. The Mayor and Common Council further determined that the establishment
of off-leash areas will provide a substantial benefit in the form of exercise and social interaction for
dogs and their owners,
C. The Mayor and Common Council determined the most appropriate means by
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
to provide support for the establishment and maintenance of an off-leash area within a city park.
D, All legal prerequisites to the adoption of this Ordinance have occurred,
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
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,
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
must be capable of maintaining direct physical control over the dog.
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:
1. Any dog used by a law enforcement agency.
2. Any dog while participating in a formal dog obedience training
program or any dog participating in a dog show or other program expressly permitted or sponsored
by the City.
3. Any dog within a posted off-leash area in any city park, as
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
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,
C. In order to be subject to the exemption set forth in paragraph B.3 of this
Section, all persons must comply with all requirements oflaw and the:-'" . ,
regulations when utilizing any off-leash area.
1. No dog is permitted in an off-leash area
custody, and control of a person at least thirteen (13) years old, Any I
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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. Aoy person having care, custody or control ofa 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,
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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. Aoy 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 ofliability to the City, its elected
17 officials, officers, and employees, an assumption of all risks, and an agreement and undertaking to
protect, indemnity, 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. Aoy 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.
25
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 its/theirs owner(s)
or person(s) in custody of the dog(s) from use of the off-leash area.
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III
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,
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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
meeting thereof,
5 held on the
day of
,2001, by the following vote, to wit:
6
.
7 Council Members:
AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 LIEN
10 McGINNIS
11 SCHNETZ
12 SUAREZ
13 ANDERSON
14 McCAMMICK
15
16
17
City Clerk
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19
The foregoing ordinance is hereby approved this
day of
,2001.
20
Judith Valles, Mayor
City of San Bernardino
21
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23
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: d-S: -0 (
Resolution/Ordinance No. Me - (De; 2-
Effective Date: :5 -8" ~o /
Vote: Ayes: O--L(? ~----./
Abstain:~~~
Date Sent to Mayor: ;;L/ b /0 /
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Date of Mayor's Signature: ~/&, 0 /
Date Summary Sent to Attorney: 0;(;,/0 i
Date Published:
Meeting Type::jl~~ to B .
Continued Fro 0 & Item No.
Item No.
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Ordinance Urgency: Yes
Termination/Sunset Date:
Nays:
Absent:
0/0/0/
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Date Summary Returned from Attorney:
Date Returned from Mayor:
Date of Clerk's Signature:
Date Seal Impressed: 0/0/0/
Date Sent for Signature:
Expiration Date:
Copies Distribut
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Exhibits Complete & Attached to Resolution/Ordinance:
Rem i nder letter Sent:
Reminder letter Sent:
Reminder letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: J'~J;~ ~~ - ~/ ~/()/
No
Ready to File:
Date:
DOCUMENT lOCATlON:
FORMSIAItndIIllem TrackinI Fomt..cc fomI No. llt.....1.JpdIe:I: 1211M/1t96