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HomeMy WebLinkAbout2010-10-06 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 10/6/10 Public Works Les Burshten ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST Consider amending city ordinances 5 -4 -2 and 7 -3 -4 to include language prohibiting off -leash pets on public property with exception given to the municipal dog park effective June 1, 2011. STAFF RECOMMENDATION Amend city ordinances 5 -4 -2 and 7 -3 -4 to include language prohibiting off -leash pets on public property with exception given to the municipal dog park effective June 1, 2011. BUDGET IMPLICATION n/a n/a BUDGETED AMOUNT ACTUAL AMOUNT ADVISORY COMMISSION ACTION SUPPORTING DOCUMENTS ® MEMO /LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS 4 f Date C: \Documents and Settings\nbelscamper.CITYHALL \Local Settings \Temporary Internet Files\Content .Outlook \7M8RJGDE \Council Action Form -Leash Law.doc 04 ea,3 t� DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ® PUBLIC SAFETY 7/20/10 ® ® ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ® PARKS AND RECREATION 9/14/10 ® ® ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS 4 f Date C: \Documents and Settings\nbelscamper.CITYHALL \Local Settings \Temporary Internet Files\Content .Outlook \7M8RJGDE \Council Action Form -Leash Law.doc 04 ea,3 t� �� s • ti ,V • To: Honorable Mayor and City Council From: Zac Dockter, Parks and Recreation Manager Cc: Ryan Schroeder, Les Burshten, Craig Woolery, John Burbank Date: September 21, 2010 Subject: Amendment of City Code Leashing Requirements Cottage Grove has two specific ordinances pertaining to the requirement of leashing animals while on public property. With a municipal dog park opening in the near future, staff has brought the ordinance language to both the Parks and Public Safety Commissions for review. Staff recommended language that would resolve two concerns with the current ordinance. Those concerns are: 1. Discrepancy existing between ordinances 5 -4 -2 and 7 -3 -4 as it pertains to leashing pets on public property. 2. The need to address the off -leash opportunities within the municipal dog park. The existing ordinances read as follows: 5 -4 -2: It shall be unlawful and a misdemeanor to permit a domestic animal to run at large, whether or not the owner is present, within the limits of the city. Dogs or cats must be continuously under restraint on a leash and accompanied by a person reasonably able and effectively restraining the dog or cat. (Ord. 837, 2 -6 -08) 7 -3 -4: Prohibited acts in parks: F: Pets and Animals 1. Have a pet in a park that is not on a leash or under the control of the owner and allow said pet to be unleashed while on athletic fields, athletic courts, in and around park buildings and shelters, in the immediate vicinity of playground structures or on paved pathways or sidewalks within a park. 2. Permit a pet under one's control to disturb, harass or interfere with any park visitor or park visitor's personal property. 3. Remove, release or abandon any animal within a park without a permit. (Ord. 677, 4- 19 -99) The Parks and Public Safety Commissions have recommended the following amendments to the ordinance in order to address the aforementioned concerns (additions are highlighted, deletions are crossed out): Amendment #1: 5 -4 -2: It shall be unlawful and a misdemeanor to permit a domestic animal to run at large, whether or not the owner is present, within the limits of the city. Dogs or cats must be continuously under restraint on a leash and accompanied by a person reasonably able and effectively restraining the doq or cat. Unfeashinq of dogs is allowed within the' b6Uhdaries t 7 -3 -4: Prohibited acts Parks: F: Pets and Animals 1. It 4iA bed:. 2. Permit a pet under one's control to disturb, harass or interfere with any park visitor or park visitor's personal property. 3. Remove, release or abandon any animal within a park without a permit. (Ord 677, 4- 19 -99) It was further recommended by the Parks Commission to have the attorney and /or public safety department review the level of offense to be sure penalties for violation are deemed fair and reasonable by current legal standards. The public safety department has recommended no additional changes at this time. The current practice is that animals at large and /or not licensed are treated as payable offenses. This is a matter of policy set by the court administrator. The statute requires all city ordinances be misdemeanors, but allows each city to determine the amount of the fine. The current fine for this particular offense is $25.00 dollars. After court fees the total is typically $110.00. As with all misdemeanors, police also have the option of administering a warning ticket for violations of the ordinance. A list of several neighboring cities leashing ordinance have also been attached for your review. Recommendation Adopt amendments to ordinances 5 -4 -2 and 7 -3 -4 to be effective June 1, 2011. Comparable Cities Review Woodbury Sec. 16 -51. Animals. (a) No person who owns or has custody or control of any animal shall cause or allow such animal to roam or be at large in any public site or open space except in areas specifically designated for pet exercise and training. (b) No person who has custody of any animal shall permit the animal to enter any beach area, nature interpretive area, wildlife refuge, golf course or park building, whether leashed or otherwise except a certified assistance dog. (c) No person who owns or has custody or control of any animal shall cause or permit the animal to be in any public site or open space without having a device for the removal of feces and depository to a proper receptacle located within the public site or open space or upon property owned or possessed by such person. It is unlawful to fail to pick up the feces from a public site or open space. (d) No person in custody of any animal shall allow the animal to disturb, harass or interfere with other public site or open space users or their property. (e) Any unattended domestic animal or pet found roaming or at large within any public site or open space shall be impounded. (f) All state laws and city ordinances relating to the licensing and muzzling of animals and pets, shall apply to same brought into any public site or open space. (g) No person shall release or introduce any exotic or wild animal in any public site or open space without the written permission of the director. (h) No person shall allow an animal to graze or browse in any public site or open space. (i) Horses are not permitted in any public site or open space except in areas specifically designated. 0) No person shall have a pet in a designated exercise and training area unless it has a current Woodbury license. Oakdale See. 15 -15. Environmental Protection. The park environment is for the enjoyment of all. It is, therefore, unlawful for any person to: (a) Destroy, deface, damage or remove any land, building or personal property of the city, including but not limited to, trees, vegetation, ruins, relics, and geological formations, except by written consent of the City Council. (b) Hunt, injure, trap, or molest any wildlife within a city park; (c) Shoot or discharge any weapon, fireworks, or explosives into a park from beyond park boundaries, or possess any weapon (as defined in Section 15 -13), fireworks, or explosives within a park unless authorized by the City Council. Any weapon, fireworks, or explosive shall be subject to seizure, to be disposed of in the same manner as items confiscated by the Police Department. (d) Picnic in any open space except in those areas specifically designated and equipped for such use; (e) Bring a dog, cat, or other pet into a park unless caged or kept on a leash not more than six (6) feet in length, or tether any animal to a tree or other plant; (f) Permit any dog, cat, or other pet to enter a beach area, nature center area, refuge area, park building, or other unauthorized area within a park; (g) Permit a dog, cat, or other pet to disturb or interfere with any park visitor; (h) Release within a park, any insect, fish, or other wildlife, or introduce within a park any plant, chemical, or other agent potentially harmful to the vegetation or wildlife of the park; (i) Remove any wild animal or plant, living or dead, from a park. Inver Grove Heights E. Animals: No person shall bring any animal or fowl onto any park or public waters unless properly restrained, and no animal or fowl shall be allowed within a high activity area or tot play area in any park. The prohibitions in this subsection shall not apply to animals or fowl kept by the city or under its direction or with its permission. (1974 Code § 2010.09) Apple Valley (L) Domestic ®. No person shall bring any ® into a park unless the M is leashed or inside a motor vehicle or cage. M owners or their handlers shall remove any excreta dropped by their . St. Paul I Sec. 170.06. - General conduct. (a) Animals restricted. Save and except upon special permission of the director, no quadruped or other animal except those placed in the park by the authority of the director, or horses with the police horse patrol while in performance of their duty, and excepting dogs accompanying their owners or other persons having charge thereof and restrained by a chain or leash, shall be conducted into, ridden or driven in the park or parkways or designated recreation areas, or be allowed to remain therein. A dog may be unrestrained by a leash or chain in an area of the city parks system which has been designated and posted as an off -leash dog area, subject to the rules and regulations for such areas. Notwithstanding the foregoing, no person shall take, allow or release, into or in any park or off -leash dog area, a dog which has: (1) Been designated as either potentially dangerous or dangerous under sections 200.12(d) —(g) of the Legislative Code; (2) Is not licensed by the city or another jurisdiction having similar licensing requirements; or (3) Has been excluded from the particular dog leash area or the park in which such area is located either for violation of rules and regulations promulgated by the director or under section 170.10(e) of the Legislative Code. (b) Off -leash dog areas. An off -leash dog area ( "area" or "such area ") may be created by the director of parks and recreation only in compliance with the following procedures and requirements. No such area shall be created until after the city council has solicited a recommendation from the area district council, held a hearing and approved the designation of such area by resolution. The designation of any such area may be revoked by the director on published notice in a newspaper of general circulation within the city, and without further notice or hearing, or showing of cause for such action Hastings 10 -208. Failure to restrain an animal. Any person who owns a dog or cat and fails to restrain the dog or cat by leash, cord, chain, fence, or other physical means of restraint shall be found to have failed to restrain the animal if the animal is found unrestrained on public property or the private premises of others or upon the streets or highways. A dog or cat shall be deemed to be unrestrained when off the owner's premises, unless a leash, cord, chain or other physical restraint is securely fastened to the collar or harness of the animal and in the hands of the person in control of such animal. In the case of a carrier or enclosure, the device shall be designed and used so the dog or cat cannot be released without the aid of the individual in control of such animal. (Code 1973, 5 -25; Ord. Nos. 1759, 2532, 2540, 2953, 2969 -4/86, 3593 -7197 and 3680 -4/99) Burnsville 8 -6 -10: ANIMALS: (A) Where animals are permitted, they shall be restricted at all times by a suitable leash not exceeding six feet (6) in length and under command of the owner or custodian. (B) No person shall permit a dog or other animal to disturb, harass or interfere with or endanger any visitor or visitor's property. No person shall tether and leave unattended any dog or animal to a tree, plant, building or park equipment. (C) Any person having the custody or control of any dog or animal shall have the duty to immediately remove any feces left by such animal in any park and to dispose of such feces in a sanitary manner. It shall furthermore be the duty of each person having custody or control of any dog or domestic animal in a park to have in such person's possession a device or equipment for the picking up and removing of animal feces. The provisions of this subsection shall not apply to a guide dog accompanying a blind person or to a dog when used in police or rescue activities. (Ord. 276, 6 -17- 1985) ,+7 zip] Ilk T\1La :9ki l AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTERS 5 -4 -2 AND 7 -3 -4 OF THE COTTAGE GROVE CITY CODE RELATING TO ANIMAL LEASH REGULATIONS The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by amending Section 5 -4 -2 to read as follows: Sec. 5 -4 -2: DOMESTIC ANIMALS AT LARGE PROHIBITED: It shall be unlawful and a misdemeanor to permit a domestic animal to run at large, whether or not the owner is present, within the limits of the city. Dogs or cats must be continuously under restraint on a leash and accompanied by a person reasonably able and effectively restraining the dog or cat. Unleashing of dogs is allowed within the boundaries of the public off -leash dog park and is subject to the posted rules of the park which includes the owner having verbal or physical command over the dog. SECTION 2. AMENDMENT "The Code of the City of Cottage Grove, County of Washington, State of Minnesota," shall be amended by amending Section 7 -3 -4 to read as follows: Sec. 7 -3 -4: PROHIBITED ACTS. F. Pets And Animals: 1. Have a pet iR a p-ark that is net OR a leash or under the G9RtFE)l ef the owner and allow said pet to be unleashed while en athiet'G fields, athlet courts, in and around park buildings and shelteFs, in the immediate vicinity of playgreund strut -4 . It shall be unlawful and a misdemeanor to permit a domestic animal to run at large whether or not the owner is present, in city parks. Dogs or cats must be continuously under restraint on a leash and accompanied by a person reasonably able and effectively restraining the dog or cat. Unleashing of dogs is allowed within the boundaries of the public off -leash dog park and is subject to the posted rules of the park which includes the owner having verbal or physical command over the dog. 2. Permit a pet under one's control to disturb, harass or interfere with any park visitor or park visitor's personal property. 3. Remove, release or abandon any animal within a park without a permit. (Ord. 677, 4 -19 -1999; amd. 2000 Code) SECTION 3. EFFECTIVE DATE This ordinance shall be in full force and effect on June 1, 2011 after its passage and publication according to law. Passed this 6th day of October 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on October 20, 2010.