CC 2014-02-11_08.e. Ordinance Prohibiting Dogs at Soto Sports ComplexMEMORANDUM
TO: CITY COUNCIL
FROM: JOHN ROGERS, R.ECREATION SERVICES DIRECTOR
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE PROHIBITING
DOGS AT SOTO SPORTS COMPLEX
DATE: JANUARY 28, 2014
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance prohibiting dogs at the Soto
Sports Complex.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Adoption of the Ordinance will necessitate obtaining and installing signage at all
entrance points to the Soto Sports Complex. The estimated number of signs needed is
twelve. The cost for signage is estimated to be $360 and can be accommodated within
the Public Works Department's existing budget.
There will likely be minimal staff costs associated with enforcement of, and public
education about the Ordinance. ..
BACKGROUND:
Arroyo Grande Municipal Code Section 6.16.040 allows for dogs in City parks if on
leash and under the control of a responsible person. This includes the Soto Sports
Complex. Over the past five years, there has been an increase in the number of people
who bring dogs to sporting activities at the Soto Sports Complex. As a result, the City
has experienced an increase in dog related issues and problems. Since this is such a
heavily used and attended facility, restrictions on dogs at this facility are now proposed.
On January 14, 2014, the City Council voted to introduce an·Ordinance prohibiting dogs
at Soto Sports Complex, with an exclusion for people with dogs crossing through the
facility on the Parkside Pathway. The Ordinance would exclude specially trained
service dogs, guide dogs, and signal dogs.
ANALYSIS OF ISSUES:
The increase in the number of dog related incidents involving people (often children)
with the potential for injury at the Soto Sports Complex has led to concerns for public
health, safety and welfare, and presents a potential liability risk to the City. In addition,
Item 8.e. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE PROHIBITING DOGS AT
SOTO SPORTS COMPLEX
JANUARY 28, 2014
PAGE2
there has been an increase in dog urination and feces on the playing fields and adjacent
areas. Due to the level of contact between participants and the fields, this creates a
health concern, as well as a number of increased maintenance issues for staff.
The Ordinance would not apply to Elm Street Park or the off-leash Dog Park. In
addition, it would not apply to people with dogs crossing the Complex using the
Parkside Pathway.
In addition to signage placed at all Soto Sports Complex entrances, if the Ordinance is
adopted, staff plans to distribute information regarding the Ordinance to all participants
in youth and adult sports leagues that utilize the facility and to nearby residents. After
disseminating information about the new regulation and an educational period to
heighten public awareness, enforcement of the Ordinance will be through Police
Department citation when necessary, only when voluntary compliance is unsuccessful.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staff's recommendations;
2. Do not approve staff's recommendations;
3. Modify as appropriate and approve staff's recommendation; or
4. Provide direction to staff.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
A summary of the Ordinance was published in The Tribune on Wednesday, January 22,
2014, pursuant to State law. The Agenda was posted in front of City Hall on Thursday,
January 23, 2014 and on the City's website on Friday, January 24, 2014.
Item 8.e. - Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE PROHIBITING DOGS FROM THE
SOTO SPORTS COMPLEX
WHEREAS, it is within the City Council's power to regulate and protect the citizens who
use the City's parks; and
WHEREAS, the Soto Sports Complex is used by children and adults for a variety of
recreational purposes; and
WHEREAS, people, especially children, are detrimentally affected by dog owners
permitting their dogs to urinate and defecate on the playing fields and ball parks located
in the Soto Sports Complex; and
WHEREAS, dog urine and feces are a source of bacteria and parasites that create a
health and safety problem for people using the playing fields and ball parks; and
WHEREAS, the City Council desires to protect the public health, safety and welfare of
its citizens by prohibiting dogs from the Soto Sports Complex.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. New Section. Title 12, Chapter 12.20 of the Arroyo Grande Municipal
Code is amended to add a new Section 12.20.070, entitled, "Dogs Prohibited in Soto
Sports Complex," as follows:
"12.20.070 Dogs prohibited in Soto Sports Complex.
A. It is unlawful for any dog to be anywhere within the boundaries of the Soto
Sports Complex, and it is unlawful for any person owning or having possession, charge,
custody, or control of any dog to cause or permit the dog to be located in the Soto
Sports Complex, whether or not confined by a leash.
B. This section shall not apply to a specially trained guide dog, signal dog, or
service dog as defined in Civil Code Section 54.1, as the same may be amended from
time to time hereinafter. "
C. This section shall not apply to the Parkside Pathway, which runs from the
parking lot adjacent to Ikeda Field at Ash Street, along the east side of Ikeda and
Volunteer Fields, to Bakeman Street, when used for the limited purpose of crossing
through the Soto Sports Complex to get to and from Ash Street and Bakeman Street.
Item 8.e. - Page 3
ORDINANCE NO.
PAGE2
SECTION 3. Severabilitv. If any section, subsection, subdivision, paragraph, sentence,
or clause of this.Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact
that any one or more section, subsection, subdivision, paragraph, sentence, or clause be
declared unconstitutional.
SECTION 4. Ordinance Summary. A summary of this Ordinance shall be published in
a newspaper and circulated in the City of Arroyo Grande at least five (5) days prior to
the City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the City
Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the
names of those City Council Members voting for and against the Ordinance shall be ·
published agairi, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
On motion of Council Member
following roll call vote to wit:
AYES:
NOES:
ABSENT:
, seconded by Council Member
The foregoing Ordinance was adopted this_ day of ______ , 2014.
, and on the
Item 8.e. - Page 4
ORDINANCE NO.
PAGE3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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