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CC 2014-01-14_09.b. Ordinance Prohibiting Dogs at Soto Sports Complex p,RROyO a C, ti INCORPORATED �x v O T JULY 10, 1911 Cq<IFFORS% MEMORANDUM TO: CITY COUNCIL FROM: JOHN ROGERS, RECREATION SERVICES DIRECTOR SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE PROHIBITING DOGS AT SOTO SPORTS COMPLEX DATE: JANUARY 14, 2014 RECOMMENDATION: The Parks and Recreation Commission recommends the City Council introduce an Ordinance prohibiting dogs at the Soto Sports Complex. Staff recommends an additional provision in the Ordinance that permits dogs on the Parkside Pathway. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Adoption of the Ordinance will necessitate 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 Recreation Services Department's existing budget There will likely be minimal staff costs associated with enforcement of, and public education about, the proposed Ordinance. BACKGROUND: The Soto Sports Complex is open for reserved sports activities from March through December. The facilities are used approximately 290 days per year, often seven days a week. The number of participants using the Soto Sports Complex has grown as demand for use of this facility has grown. Approximately 5,000 youths and adults participate in or attend these activities each year for a total of more than 50,000 user hours at the Soto Sports Complex. Current City 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 in this facility are now proposed. Item 9.b. - Page 1 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE PROHIBITING DOGS AT SOTO SPORTS COMPLEX JANUARY 14, 2014 PAGE 2 On December 11, 2013, the Parks and Recreation Commission unanimously approved a recommendation that the City Council adopt the proposed Ordinance. However, a concern was brought to the Commission's attention regarding access to the Parkside Pathway by dog owners. The Parkside Pathway is an asphalt path that runs from the parking lot adjacent to Ikeda Field at Ash Street, along the east side of Ikeda and Volunteer Fields, to Bakeman Street. Some dog owners in the neighborhoods surrounding the Soto Sports complex use the Parkside Pathway to traverse back and forth between Ash Street and Bakeman Street. It also allows residents of the neighborhood to access the Dog Park. The path was required by the City when the development was approved specifically for the reason of providing access to the park from the neighborhood. In order to permit dog owners to use the Parkside Pathway, staff recommends an exclusion be included in the proposed Ordinance, which will permit dogs on the Parkside Pathway for the limited purpose of crossing the Soto Sports Complex to get to and from Ash Street and Bakeman Street. While the proposed exclusion was not included in the original version of the proposed Ordinance, which was considered by the Parks and Recreation Commission, the Commission did generally endorse the idea of excluding the pathway. Attached is a redlined version of the proposed Ordinance with the exclusion included. ANALYSIS OF ISSUES: The increase in the number of dog related incidents at the Soto Sports Complex has led to concerns for public safety and presents a liability risk to the City. Verbal reports have been received over the past five years from staff and users of the facility, witnessing many instances of dogs fighting, chasing and scaring children, barking that disrupts fans, people tripping over dog leashes, children being knocked off the banks onto the cement at Ikeda Field, dogs allowed to run off leash, and other safety related problems. In addition, there has been an increase in dog urination and feces on the playing fields and adjacent areas. Dog urine and feces are a source of bacteria and parasites. 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. Health and safety issues related to dogs is a growing problem Statewide and several other California cities have adopted ordinances prohibiting dogs at sports facilities in order to address these concerns, including the City of Placentia, the City of Laguna Beach, the City of Redlands, and the City of San Leandro. Other jurisdictions are considering enacting similar restrictions. The Soto Sports Complex was built as a venue for youth and adult sporting activities. Local residents interested in a place where dogs can run and play led to a partnership with the Five Cities Dog Park Association and construction of the off leash dog park in Item 9.b. - Page 2 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE PROHIBITING DOGS AT SOTO SPORTS COMPLEX JANUARY 14, 2014 PAGE 3 Elm Street Park, which is in close proximity to the Soto Sports Complex. The proposed Ordinance would not apply to Elm Street Park or the off-leash Dog Park. In addition, if the revised version of the proposed Ordinance is adopted, it would not apply to the Parkside Pathway. In addition to signage placed at all Soto Sports Complex entrances, if the proposed Ordinance is adopted, staff plans to pass out information regarding the Ordinance to all participants in youth and adult sports leagues that utilize the facility and to nearby residents. Enforcement of the proposed 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 staffs recommendations; 2. Do not approve staffs recommendations; 3. Modify as appropriate and approve staff's recommendation; or 4. Provide direction to staff. PUBLIC NOTIFICATION AND COMMENTS: A notice of public hearing was published in the Tribune on Friday, January 3, 2014' and was also mailed to adjacent property owners. Notification of the meeting was also sent to representatives of each of the sports organizations that utilize the facility. The Agenda was posted in front of City Hall on Thursday, January 9, 2014 and on the City's website on Friday, January 10, 2014. Item 9.b. - Page 3 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 9.b. - Page 4 ORDINANCE NO. PAGE 2 SECTION 3. Severability. 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 again, 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 , seconded by Council Member , and on the following roll call vote to wit: AYES: NOES: ABSENT: The foregoing Ordinance was adopted this day of , 2014. Item 9.b. - Page 5 ORDINANCE NO. PAGE 3 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 9.b. - Page 6