CC 2017-02-28_12a Intro Ordinance_New Dog Park Rules
MEMORANDUM
TO: CITY COUNCIL
FROM: JOHN ROGERS, DIRECTOR OF RECREATION SERVICES
SUBJECT: CONSIDERATION OF AN ORDINANCE ADDING NEW RULES FOR THE
ELM STREET OFF LEASH DOG PARK
DATE: FEBRUARY 28, 2017
RECOMMENDATION:
It is recommended the City Council introduce an Ordinance amending section 12.20.080(B)
of the Arroyo Grande Municipal Code relating to dog park rules and prohibited activities for
the Elm Street Off Leash Dog Park (Dog Park) as proposed by the Elm Street Dog Park
Association (ESDPA).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Minimal staff time will be needed to coordinate installation of new signs at the Dog Park.
The ESDPA has committed to pay for the new signs.
BACKGROUND:
On September 22, 2015, the City Council approved an agreement with the Elm Street Dog
Park Association (ESDPA) to take over maintenance and operation of the Elm Street Off-
Leash Dog Park (Dog Park). The Agreement was executed on September 23, 2015
(Attachment 1).
On October 13, 2015, the City Council adopted an Ordinance adding Section 12.20.080 to
Chapter 12.20 of the Arroyo Grande Municipal Code relating to Dog Park Rules and
Exclusion Policy. Any change to the Dog Park rules requires adoption of an ordinance
amending the Municipal Code.
Section 12.20.080 of the Municipal Code provides for enforceable rules at the Dog Park in
those instances that users repeatedly violate rules, or when aggressive dogs are at the Dog
Park. As stated in the Adopt-A-Park Agreement, the ESDPA has responsibility and
authority to enforce Dog Park rules.
On February 8, 2017, the Parks and Recreation Commission voted unanimously to
recommend that the City Council approve two proposed new rules.
Item 12.a. - Page 1
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE ADDING NEW RULES FOR THE ELM
STREET PARK OFF LEASH DOG PARK
FEBRUARY 28, 2017
PAGE 2
ANALYSIS OF ISSUES:
The Dog Park was built with the understanding by all parties that the City was not in a
position to assume regular maintenance and operational duties. The ESDPA is the City’s
designated group with maintenance and operation responsibilities.
While the vast majority of Dog Park users voluntarily comply with the Dog Park rules, there
are on occasion instances that require enforcement of the rules. Section 12.20.080 of the
Municipal Code provides a legally enforceable mechanism for the enforcement of the Dog
Park rules.
The Board of the ESDPA is recommending two new rules be added to the existing rules
governing use of the Dog Park. Their recommendation is based on issues that have
occurred over the past 14 months at the Dog Park.
Proposed New Rule #12 – “Male dogs over 12 months of age must be neutered”
(Attachment 2)
The ESDPA has submitted documentation in support of proposed Rule #12 as follows:
According to the American Society for the Prevention of Cruelty to Animals (ASPCA)
website, “neutered dogs are less likely to run away to find a mate when female dogs
are in heat, mark his territory by urinating in the house, mount dogs, and become
aggressive.”
People For The Ethical Treatment Of Animals (PETA) website recommends: “Fix
first. Before you head to the park, get your dog spayed or neutered. Male dogs will
get along better, and female dogs will be spared a dog park frenzy from being in
heat.”
The American Kennel Club (AKC) website states: “The American Kennel Club also
encourages pet owners to consider spaying or neutering the dogs at an appropriate
age if they do not want to participate in AKC conformation events or engage in
responsible breeding programs.”
In addition, six other dog parks in San Luis Obispo County require neutering of male dogs
over 6 months of age including Heilmann Dog Park (Atascadero), Vineyard Dog Park
(Templeton), El Chorro Dog Park (San Luis Obispo), Nipomo Dog Park (Nipomo), Norma
Rose Dog Park (Cayucos), and Sherwood Dog Park (Paso Robles).
Proposed New Rule #13 – “Use only water to defend or break up dog fights (no chemicals
including but not limited to: canister sprays, citronella sprays, mace, or pepper sprays are
allowed)” (Attachment 3)
Item 12.a. - Page 2
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE ADDING NEW RULES FOR THE ELM
STREET PARK OFF LEASH DOG PARK
FEBRUARY 28, 2017
PAGE 3
This rule is proposed to protect dogs and their handlers from possible exposure to toxic or
irritating substances.
The ESDPA is citing the following reasons to ban sprays at the Elm Street Dog Park:
Chemical spray formulas are unregulated and can contain varying amounts of toxic
or irritating chemicals.
Because sprays are unregulated, they can contain any toxic substance of any
strength.
Use of pepper spray/mace has been banned in military combat due to the harmful
effects on humans.
In 3 known incidents at the Elm Street Dog Park sprays were misused.
Use of spray on pets can result in unintended consequences for pet and owner.
Pepper spray has documented reports of significant harm to humans (see Attachment #4).
Citronella is an insecticide designated for external use that is unregulated. It is not intended
to be sprayed in eyes, nose or throat.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Introduce the Ordinance as proposed;
2. Modify and introduce the Ordinance; or
3. Provide direction to staff.
ADVANTAGES:
Adding the proposed rules to Section 12.20.080(B) of the Municipal Code will provide for
enforceable rules at the Dog Park that address issues faced by the ESDPA.
DISADVANTAGES:
Adoption of the proposed rules may disqualify some dog owners of the opportunity to use the
Dog Park.
ENVIROMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Adopt-A-Park Agreement
2. Documentation in support of Rule #12
3. Documentation in support of Rule #13
Item 12.a. - Page 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING SECTION
12.20.080(B) OF THE ARROYO GRANDE MUNICIPAL
CODE RELATING TO DOG PARK RULES AND
PROHIBITED ACTIVITIES
WHEREAS, the City of Arroyo Grande provides for the maintenance and operation of a
Dog Park at the Elm Street Park; and
WHEREAS, Section 12.20.080 of the Arroyo Grande Municipal Code provides for
enforceable rules and regulations for the Dog Park and a procedure for excluding
aggressive dogs and persons who violate the rules and regulations; and
WHEREAS, the City Council has determined that it is appropriate to amend the Rules
and Prohibited Activities at the Dog Park contained in Section 12.20.080(B) in order to
provide that male dogs over 12 months of age that use the Dog Park must be neutered,
and also to provide that only water may be used to defend or break up dog fights and
that no chemicals, including but not limited to: canister sprays, citronella sprays, mace,
or pepper sprays, are allowed to be used.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Subsections 12 and 13 are hereby added to the Rules and Prohibited
Activities at Dog Park contained in Section 12.20.80(B) of the Arroyo Grande Municipal
Code to read as follows:
12. Male dogs over 12 months of age must be neutered.
13. Only water may be used to defend or break up dog fights. No chemicals,
including but not limited to: canister sprays, citronella sprays, mace, or
pepper sprays, are allowed to be used in the Dog Park.”
SECTION 2. 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 3. A summary of this Ordinance shall be published in a newspaper
published 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
Item 12.a. - Page 4
ORDINANCE NO.
PAGE 2
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 4. This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2017.
Item 12.a. - Page 5
ORDINANCE NO.
PAGE 3
________________________
JIM HILL, MAYOR
ATTEST:
______________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
_________________________________
ROBERT K. MCFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
___________________________________
HEATHER WHITHAM, CITY ATTORNEY
Item 12.a. - Page 6
ELM STREET DOG PARK AGREEMENT
This Elm Street Dog Park Agreement ("Agreement") is made and entered into this 23rd
day of September, 2015, by and between the City of Arroyo Grande, a municipal corporation of
the State of California ("City") and the Elm Street Dog Park Association ("ESDPA""), and
SLOPOST, the San Luis Obispo Parks, Open Space and Trails Foundation, a non-profit 501(c)3
organization ("SLOPOST").
WHEREAS, City is the owner of certain real property commonly known as Elm Street
Park (the "Property"), which is located at 350 South Elm Street in the City of Arroyo Grande,
County of San Luis Obispo, State of California; and
WHEREAS, the City currently operates and maintains an off leash dog park on the
Property between the pump stations and the southern boundary of the Property, as generally
depicted in Exhibit "A" attached hereto and incorporated herein by this reference (the "Dog
Park"); and
WHEREAS, SLOPOST is an organization committed to encouraging parks, open space and
trails in San Luis Obispo County; and
WHEREAS, ESDPA is a group of volunteers desirous of operating and maintaining the
Dog Park; and
WHEREAS, the City, SLOPOST and ESDPA each recognize the need and benefit of
maintaining an off leash dog park in the City of Arroyo Grande; and
WHEREAS, SLOPOST and ESDPA desire to partner together to operate and maintain the
Dog Park; and
WHEREAS, SLOPOST and ESDPA understand, acknowledge and agree that the Dog Park
is part of an active City park, owned by the City and operated for the benefit of the general
public; and
WHEREAS, by this Agreement,the parties wish to specify the terms and conditions for
the operation, use and maintenance of the Dog Park.
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City, SLOPOST and ESDPA agree as follows:
1.Recitals.
The above recitals are true and correct and are incorporated herein by this reference.
1
ATTACHMENT 1
Item 12.a. - Page 7
2.Maintenance.
A. ESDPA agrees, at its sole cost and expense,to keep and maintain the Dog Park,
including providing for the following minimum maintenance activities:
1. Perform daily monitoring of the Dog Park and removal of dog waste,
excessive leaves and trash. Trash cans will be emptied weekly by the City.
2. Provide and ensure that bags used for picking up dog waste are available at
the Dog Park.
3. Regularly mow, water, fertilize and pest control the turf;
4. Regularly trim and care for the trees;
5. In the event that fencing, turf, wood chips or other materials need to be
replaced, ESDPA shall pay for the cost and installation of such materials.
6. Perform maintenance, repair and or replacement of the kiosk, bulletin
boards, water fountain, benches, signage and other similar amenities at the
Dog Park.
7. Perform and document weekly maintenance inspections. Any deficiencies
reported by the public should be documented. All repairs should be
completed in a timely fashion. The affected portion of the Dog Park should
be closed when necessary until repairs can be completed or appropriate
warning signs should be set in place. All repairs should be documented.
Records should be maintained in one location for at least five years.
8. Any installation of new improvements at the Dog Park must first be approved
in advance and in writing by the City's Director of Recreation Services.
3.Operation.
ESDPA will be responsible for the day-to-day operation of the Dog Park. Operation of
the Dog Park will include, but not be limited to the following:
A. Use of the Dog Park will be equally available to all members of the public whether or
not they are members of the ESDPA.
B. The Dog Park is to be used only for the purpose of an off-leash Dog park.
C. The Dog Park will be open daily from 7:00 a.m. to dusk. ESDPA may only close the
Dog Park in order to perform necessary maintenance or to hold special fundraising
events with the written approval of the City's Director of Recreation Services.
D. ESDPA may not charge a fee for the use of the Dog Park.
E. The rules of conduct by owners and dogs, including those set forth in Section
12.20.080 of the Arroyo Grande Municipal Code,will at all times be posted in the
kiosk located at the Dog Park and on signs in both the large and small dog areas.
F. ESDPA will provide a telephone number, visible on the kiosk at the Dog Park, which
Dog Park users may call if they have questions or concerns about the Dog Park.
2
Item 12.a. - Page 8
G. Any proposed modifications to the posted Dog Park rules that the parties determine
are such that they need to be included in the Arroyo Grande Municipal Code for
purposes of enforceability must initially be submitted and approved in writing by the
Director of Recreation Services, prior to City Staff's submittal to the City Council as a
proposed amendment to the Arroyo Grande Municipal Code.
H. ESDPA is authorized, pursuant to Section 12.20.080.C.2 of the Arroyo Grande
Municipal Code,to issue warnings and exclusion notices. ESDPA will inform the users
of the Dog Park of the Dog Park rules and will initially enforce all Dog Park rules,
provided, however, that members of ESDPA shall not engage in confrontations with
members of the public using the Dog Park if they do not voluntarily comply with Dog
Park rules. In such case, City Staff and/or the Arroyo Grande Police Department
shall be contacted if formal enforcement is required.
I. ESDPA will establish procedures whereby Dog Park users will have an opportunity to
have any unresolved questions or concerns about ESDPA's operation of the Dog
Park or Dog Park related disputes between users of the Dog Park resolved by the
ESDPA's Board of Directors.
J. ESDPA will provide such other services as determined to be necessary or appropriate
by the City for the safe and orderly operation of the Dog Park.
K. All interactions between ESDPA board members and volunteers and Dog Park users
will be conducted in a positive and professional manner.
4. Term.
This Agreement will commence as of the date written above and continue until the
Agreement is terminated by either party upon thirty days written notice to the other party.
Notwithstanding the above, should SLOPOST or ESDPA fail to abide by any of the terms and
conditions of this Agreement and should SLOPOST or ESDPA continue to fail to abide by any of
the terms and conditions of this Agreement for more than five days after written notice from
the City, City may immediately terminate the Agreement.
5.Records/Accounting.
A. SLOPOST is a non-profit 501(c)3 organization that has formal federal and state non-
profit status, which allows SLOPOST to raise funds for the operation and
maintenance of the Dog Park. SLOPOST and ESDPA agree to raise funds solely for the
operation and maintenance of the Dog Park. All funds raised by SLOPOST and ESDPA
will be used exclusively for the Dog Park. SLOPOST and ESDPA will maintain records
of its fund raising and shall make such records available for review by City within
three days of such a request.
3
Item 12.a. - Page 9
U
B. SLOPOST and ESDPA agree that they will at all times comply with all laws and
regulations governing charitable fundraising including, but not limited to, Business
and Professions Code Section 17510 et seq. and Government Code Section 12580 et
seq.
C. Upon termination of this Agreement, any unexpended donations received by
SLOPOST and/or ESDPA for the Dog Park will be returned by SLOPOST and/or ESDPA
to the donor or forwarded to the City for use at the Dog Park within three business
days of the termination.
6.California Joint Powers Insurance Authority Guidelines.
City is a member of the California Joint Powers Insurance Authority (the "JPIA"). City will
provide SLOPOST and ESDPA the Guidelines of the JPIA for the operation and maintenance of
the Dog Park. ESDPA will conform its operation and maintenance activities to the Guidelines
and will do nothing to limit or impair coverage of the City with the JPIA.
7.No Possessory Interest.
SLOPOST and ESDPA understand and agree that they shall not have any possessory
interest in the Dog Park and that any improvements made therein by ESDPA are for the sole
benefit of the general public and shall become fixtures to the Dog Park and the exclusive
property of City.
8.City's Rights and Obligations.
A. City reserves the right to remove Dog Park amenities (such as benches, water
fountains or landscaping), if deemed necessary to protect the public health, safety
or welfare.
B. City shall provide and pay-for the necessary utilities for the Dog Park, including
water, garbage and electrical services.
C. City retains the right to close the Dog Park temporarily to perform repair or
maintenance work necessary to protect the health and safety of the public.
D. City reserves the right to modify the use of, or close the Dog Park, in its sole
discretion.
E. Whenever reasonably possible and within the sole discretion of the City and without
waiving any rights it may have, the City will consult with EDSPA on issues of changes
to the Dog Park operation, rules, or any physical changes to the Dog Park that may
affect the use of the Dog Park, before said changes are implemented.
4
Item 12.a. - Page 10
9.Indemnity.
SLOPOST and ESDPA agree to indemnify, defend and hold harmless City, its officials,
employees and agents, from and against any and all liability, costs, or claims for personal
injuries or property damage arising out of, in whole or in part,the operation, maintenance and
activities occurring at the Dog Park related to SLOPOST, ESDPA or their agents of any kind's use
of the Dog Park and SLOPOST and ESDPA's performance under this Agreement.
10. Insurance.
Throughout the Term of this Agreement, SLOPOST shall, at a minimum, procure at its
sole cost, and maintain, general liability insurance with limits of no less than two million dollars
2,000,000) per occurrence. City, the City Council and each member thereof, members of
boards and commissions, every officer, agent, official, employee and volunteer, shall be named
as an additional insured on all applicable insurance policies. Prior to commencement of this
Agreement, SLOPOST shall provide City with a certificate of insurance evidencing the coverages
described herein and City's status as an additional insured. Such insurance may be provided by
SLOPOST.
11. Notice.
Addresses for the purpose of giving notice are as follows:
City: City of Arroyo Grande
Attn: City Manager
300 E. Branch Street
Arroyo Grande, CA 93420
ESDPA: Patti Cole
189 South Elm Street
Arroyo Grande, CA 93420
SLOPOST: Kathy Longacre
PO Box 86
Arroyo Grande CA 93421
12. Laws to be Observed.
SLOPOST and ESDPA agree to comply with all applicable Federal, State, County and City
statutes, ordinances, rules, laws or regulations that are applicable to the Dog Park or the
operations of SLOPOST and ESDPA on the Property.
5
Item 12.a. - Page 11
13. Assignment.
SLOPOST and Association may not at any time during the Term of this Agreement assign
or transfer the Agreement.
14. Waiver of Breach.
No delay or omission in the exercise of any right or remedy by a nondefaulting party on
any default will impair the right or remedy or be construed as a waiver. A party's consent or
approval of any act by the other party requiring the party's consent or approval will not be
deemed to waive or render unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either party of any default must be in writing and will not be a
waiver of any other default concerning the same or any other provision of this Agreement.
15. Governing Law: Jurisdiction.
This Agreement will be administered and interpreted under the laws of the State of
California.Jurisdiction of any litigation arising from the Agreement will be in San Luis Obispo
County, California.
16. Joint and Several Liability.
All obligations of SLOPOST and ESDPA are joint and several and may not be waived or
apportioned. City may recover any damages as a result of SLOPOST and ESDPA's obligations
under this Agreement from SLOPOST or ESDPA or both at City's sole option.
IN WITNESS WHEREOF,the parties have duly executed this Agreement on the date first written
above.
City of Arroyo Grande, SLOPOST
a municipal corporation a non-profit 501(c)3 organization
11.__4 O
Ji Hill, Mayor Kathy Longa e
ATTEST: T ELM STREET DOG PARK ASSOCIATION
at6i &/&
Kelly Wet ore,City Clerk Patti Cole
6
Item 12.a. - Page 12
APPROVED AS TO CONTENT:
Dianne Thompson, City lip
ager
APPROVED AS TO FORM:
Heather K. Whitham, City Attorney
7
Item 12.a. - Page 13
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Item 12.a. - Page 14
TO: Arroyo Grande Parks & Recreation, Arroyo Grande City Council
FROM: Elm Street Dog Park Association
RE: Proposal to Require Dogs over 12 Months of Age to Be Neutered to Use Elm Street Dog Park
The Board of the Elm Street Dog Park Association passed the following resolution pending the approval of the
Arroyo Grande Parks and Recreation Board and the Arroyo Grande City Council:
Male dogs over 12 months of age must be neutered
Organizations Recommending Neutering of Male Dogs
ASPCA, www.aspca.org, accessed 1/20/17
•Neutered dogs are less likely to run away (and get hit in traffic) to find a mate when females are in heat, mark
his territory by urinating in the house, mount dogs, and become aggressive.
People for the Ethical Treatment of Animals (PETA)
•1 unaltered female dog and her off-spring produce about 67,000 puppies in 6 years. www.peta.org
(www.peta.org, accessed 1/20/17).
•Neutered dogs are less likely to run away (and get hit in traffic) to find a mate, mark his territory by urinating in
the house, mount dogs, and become aggressive (www.peta.org, accessed 1/20/17).
•Fix first. Before you head to the park, get your dog spayed or neutered. Male dogs will get along better, and
female dogs will be spared a dog-park frenzy from being in heat (www.peta.org, accessed 1/15/17).
American Kennel Club
•The American Kennel Club also encourages pet owners to consider spaying or neutering their dogs at an
appropriate age if they do not want to participate in AKC conformation events or engage in responsible
breeding programs (www.akc.org, accessed 1/20/17).
Expert Dog Trainers Recommending Neutering of Male Dogs
•Dog Whisperer expert Cesar Millan: “…unneutered dogs should never be taken to a dog park.”
(https://www.cesarsway.com, “Dog Park Problems,” accessed Jan. 15, 2017).
Los Angeles County Dog Parks Require Neutering of Male Dogs
•Los Angeles Dog Park Rules: All dogs must be spayed or neutered. LAMC. 53.15.2
Dog Parks in San Luis Obispo County Requiring Neutering of Male Dogs Over 6 mo.
(accessed Jan. 15, 2017)
•Heilmann Dog Park, Atascadero, CA
•Vineyard Dog Park, Templeton, CA
•El Chorro Dog Park, San Luis Obispo, CA
•Nipomo Dog Park, Nipomo, CA
•Norma Rose Dog Park, Cayucos, CA.
•Sherwood Dog Park, Paso Robles, CA (see photo below)
ATTACHMENT 2
Item 12.a. - Page 15
!
Most Recent Altercation with 3 Unneutered Dogs on Sunday, January 29, 2017, about 3 pm
Male Pit Bull, unneutered, that owner said was 6 months old, attacked a black dog that seemed to be an
Australian Cattle Dog that was also unneutered. Cattle Dog and Italian Greyhound were together, but the Italian
Greyhound, also unneutered, was not involved. On this occasion the Pit Bull did not lock his jaw, so the fight was
broken up.
Unneutered dogs exude the scent of male testosterone that alerts other dogs that the unneutered dog is poised to
be aggressive, so they become hyper-defensive.
Please help us keep the dogs and people who come to the Elm Street Dog Park
safe by adopting this dog park regulation.
Elm Street Dog Park
Item 12.a. - Page 16
TO: Arroyo Grande Parks & Recreation, Arroyo Grande City Council
FROM: Elm Street Dog Park Association
RE: Proposal to Ban Canister/Chemical Spray Use in Elm Street Dog Park
The Board of the Elm Street Dog Park Association passed the following resolution pending the approval of the
Arroyo Grande Parks and Recreation Board and the Arroyo Grande City Council:
Use only water to defend or break up dog fights (no chemicals such as: canister sprays; citronella sprays; mace;
pepper sprays…)
Sprays, How They Work, Consequences, & Documentation
•Compressed Air Sprays – Thought to be benign, compressed air sprays make the noise of compressed air that
MAY result distracting dogs sensitive to sound; problem – aerosol sprays alone directed at a dog’s eyes can lead
to corneal ulceration that cannot be detected by merely looking at the dog’s eyes; a veterinarian needs to use a
stain on the eye to determine extent of injury and treatment.
•Citronella is an Insecticide for External Use – Not Meant as Spray in Eyes, Nose, or Throat
1. Citronella, marketed as “safe” for external use, is unregulated. Citronella manufactured in Ceylon, for
example, contains methyl eugenol, a hepatotoxic that causes liver damage (Chang, Yu Shyun, 2007, 8 Map
species from Malaysia for ICS, Forest Research Institute Malaysia, Workshop on NFP, 28–29 May 2007,
Nanchang, PR China).
2. Overdose is possible, causing a wide range of symptoms from blood in the patient's urine,
to convulsions, diarrhoea, nausea, unconsciousness, dizziness, or rapid heartbeat (Eugenol Oil
Overdose, New York Times Health Guide, accessed Jan. 16, 2017).
3. Direct application of citronella oil on human skin has been found to raise the heart rate of some people
(CBC News, “Citronella”, last updated Sept. 26, 2006. Accessed Jan. 16, 2017).
•Pepper Spray – Immediate, Permanent Physical Damage, and/or Death to Recipients and By-Standers
1. Physical Impact of Pepper Spray on Humans - The effects of pepper spray on humans, far more severe than
using Tear Gas, include temporary blindness of 15–30 minutes, a burning sensation of the skin of 45 to 60
minutes, upper body spasms which force a person to bend forward and uncontrollable coughing making it
difficult to breathe or speak for 3 and 15 minutes (Organization for the Prohibition of Chemical Weapons.
"Riot Control Agents". Accessed Jan. 16, 2017).
2. In recipients or bystanders with asthma, taking other drugs, or subject to restraining techniques that restrict
the breathing passages, there is a risk of death (The European Parliament Scientific and Technological
Options Assessment, "An Appraisal of Technologies of Political Control." 1998).
3. The Los Angeles Times newspaper reported in 1995 at least 61 deaths associated with police use of pepper
spray since 1990 in the USA (June 18, 1995).
4. The American Civil Liberties Union (ACLU) documented 27 people in police custody who died after
exposure to pepper spray in California since 1993 (ACLU, Oleoresin Capsicum - Pepper Spray Update,
More Fatalities, More Questions, June, 1995, p. 2.; Ottawa Citizen, "Pepper spray's lethal legacy." October
22, 1998, p. A1.
ATTACHMENT 3
Item 12.a. - Page 17
5.The US Army concluded that pepper spray causes genetic mutation, cancer, sensitization, heart, lung, and
brain damage, and death in humans (Aberdeen Proving Ground study. 1993).
Reasons to Ban Sprays in Elm Street Dog Park:
•Chemical Spray Formulas are Unregulated and Contain Varying Amounts of Toxic Chemicals
•Sprays Can Contain Any Toxic Substance of Any Strength
•Use of Pepper Spray/Mace Has Been Banned in Combat
•In 3 of 3 Known Incidents in Elm Street Dog Park, Sprays Were Misused
•Use of Sprays on Pets Result in Unintended Consequences
Chemical Spray Formulas are Unregulated & Contain Varying Amounts of Toxic
Chemicals
•Unlike foods in the United States, chemical sprays have varying amounts of substances included. Citronella, for
example, manufactured in Ceylon, contains methyl eugenol, hepatotoxic that causes liver damage.
•Pepper sprays contain capsaicin (CRC) (the extract of hot chili peppers that burn) and 6 different capsaicinoids,
but labels do not include which ones are in the product. Handheld pepper sprays contain from .18% to a high of
3%. Law enforcement pepper sprays contain 1.3% and 2%. Bear attack deterrent sprays must contain from 1.0%
to a maximum of 2% CRC (Wikipedia, “Pepper Sprays”, accessed Jan. 16, 2017).
•Sabre 3-N-1 contains 1% tear gas as well as the pepper spray (Amazon, defense sprays (accessed Jan. 19, 2017).
Sprays Can Contain Any Toxic Substance of Any Strength
•YouTube videos show step by step processes for creating home-made toxic pepper sprays using peppers of
different heat strengths, with and without aerosol projection. Homemade sprays do not limit concentration of the
chilis used or the Scoville heat units therein.
•Peppers used in sprays contain varying amounts of capsaicin (see chart). Most people consider Tabasco brand
sauce (about 5000 Scoville Heat Units) to be the upper level of hotness they can tolerate in food. Pepper sprays
use about 1-3% of capsaicin, which equates to 180,000 to 540,000 Scoville heat units.
Item 12.a. - Page 18
Pepper Spray/Mace Has Been Banned in Combat; How Can We Use it On Our Pets?
Pepper spray is banned for use in war by Article I.5 of the Chemical Weapons Convention: bans the use of all riot
control agents in warfare whether or not they are lethal (Organization for the Prohibition of Chemical Weapons.
"Riot Control Agents". Accessed Jan. 16, 2016).
3/3 Incidents of Misused Sprays in Elm Street Dog Park
November 3, 2015 at approximately 4:30 pm – Man objects to Woman Kneeing His Dog & Later Sprays Dog
Patron in Big Dog Yard told a woman in the yard that her behavior of kneeing his dog had been inappropriate.
She responded that she would defend her dog if she thought it was being attacked. The woman then walked across
the yard from the gates where she had been, to put herself in close proximity to the dog that she had just kneed. She
then abruptly turned and walked across the yard toward the gates pulling something out of her pocket. The dog who
had been kneed followed her progress, but stopped 20 feet from her, and barked at her. She immediately turned,
raised a spray canister, and sprayed a cloud of mist in the direction of the dog that was stopped 20 feet away from
her. The dog went back to the side of his owner. The dog had been too far from the woman for the spray land on and
hurt the dog.
1.Sprayer filed report claiming she KNEW the dog was going to attack her dogs so she got out her spray can.
Then when, she claimed, the dog “charged her”, and she HAD to spray the dog in the face to save herself.
The eyewitness account says the dog stayed 20 feet from her; he never moved in her direction as
corroborated by the fact the spray never reached the dog; the dog was not wet from the spray.
2.Seems as if the person armed with the spray tried to provoke the dog she had kneed into charging her by
putting herself into close proximity, and then abruptly whirling and walking toward the exit gate.
3.Her “report” of being “charged” by the dog, thereby “justifying” spraying the dog in the face included
“how shaken she was from the traumatic event.” The dog’s face was not wet when examined by the owner
and eyewitness.
March 10, 2015 - Small Dogs in Small Dog Yard at Fence Barking at Large Dog in Big Dog Yard
Canister owner went to fence to quiet the group of small dogs barking at the big dog at the fence. She verbally
told the dogs to be quiet, but the dogs continued barking. Owner of canister then put the canister into the hands of a
caregiver who accompanied an elderly woman who had been a long-time dog park patron. Canister owner
vehemently and animatedly urged the caregiver to go over and spray the BIG DOG in the face with the unknown
contents of the canister, promising the caregiver “it won’t hurt the dog.”
Item 12.a. - Page 19
The owner of the large dog was at the fence holding the collar of his dog while the canister owner kept urging
the caregiver to use the spray. The caregiver retreated seeing the owner of the large dog already had his dog under
control.
One week earlier this same woman used the same spray on someone else’s dog. Another patron of the Small
Dog Park confronted that person about using pepper spray on someone else’s dog. That woman refused to disclose
the contents of her spray canister, and did not speak to the man who confronted her from that moment on.
In fact, she was using a compressed air spray to discipline other people’s dogs. Unfortunately, she did not
inform them of what was in the can or ask permission to use it on their pets.
1.Canister contained compressed air, as internet research revealed after the fact, but canister owner did not state
that to anyone.
2.Air canister designed to expel noise; compressed air aimed AT eyes, can cause ocular damage.
3.Water spray bottles to quiet barking dogs were available.
4.Owner of large dog stood next to his dog to quiet him at the fence; no need to spray that dog at all.
5.If spray used, many owners of the dogs would have been really upset.
6.Use of spray may have upset the fragile, elderly woman resulting a medical emergency
December 28, 2016 - Two Dogs in Big Dog Yard Playing, One Yelps, Other Dogs Go to the Exciting Area
Canister owner claims she did not have spray with her but “knew” she would need to use her spray, so she left the
large dog yard leaving her dog in the yard, went to her vehicle, retrieved the spray, and returned to the yard.
In spite of her claimed ability to predict the future, she stood a distance from her dog. When her dog joined the fray
circling the original two dogs she walked over to the group of dogs, pulling out her spray canister. By then the owner
of one of the two original dogs had his dog by the collar and under control, and the surrounding dogs were
dispersing. Despite the fact the woman’s dog had already left the group, the woman did not go to control her own
dog. Instead she walked over to the dog being held by the collar, leaned over, and sprayed the dog in the face with
her spray. The canister misfired and droplets issued forth rather than spray. Police video footage show the woman
flailing her arms in the air when her attempt to assault the dog already in his owner’s control failed. Eyewitnesses
present say the woman was screaming at the man. The woman’s own written account of the incident claims the man
asked her at least three times what was in the canister she sprayed at his dog; it also says she refused to answer that
question.
1.The dogs had stopped milling and left the area.
2.The dog owned by the woman with the canister had left the scene.
3.The woman with the canister did not attempt to control her own dog.
4.The owner of one of the original two dogs had his dog by the collar.
5.No dog was being hurt.
6.The woman with the canister walked over, leaned in, and tried to spray the controlled dog in the eyes.
7.Police video tape show the woman flailing her arms after the spray attempt failed (drops, not spray
emanated).
8.By her own written account she turned over to the ESDPA Board, the woman with the canister spray
refused to tell the owner of the dog she sprayed what was in the canister and her hand obscured the label as
she held it.
Use of Sprays on Pets Likely to Result in Unintended Consequences
1.When someone else disciplines another person’s dog, the owner of the aggrieved pet becomes furious.
2.When someone else assaults another person’s dog with sprays that cause injury, the owner immediately
reacts.
3.The use of spray on a frail, elderly woman’s dog could trigger a medical episode for that elderly woman.
4.When the owner of a dog is sprayed, is asked what the dog was sprayed with, and the sprayer is not
forthcoming, the dog’s owner is very likely to react negatively.
5.Use of defense sprays often cause blow-back to bystander people and animals.
Item 12.a. - Page 20
6.Allergies to compounds in air, citronella, mace and pepper sprays can cause serious injury and death.
7.Ignorance of or malevolent misuse of products can result in serious injury and death.
Please, help the Elm Street Dog Park Association keep our patrons and dogs safe by
passing this proposed rule to implement in our Dog Park:
Use only water to defend or break up dog fights (no chemicals such as: canister sprays; citronella sprays; mace;
pepper sprays…)
Sincerely,
Patti Cole, President
Item 12.a. - Page 21
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Item 12.a. - Page 22