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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 Item 8.e. - Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.e. - Page 6