Carlsbad City Council
March 17, 2022

To the members of the:

CITY COUNCIL
Date 3/n/,:i;,,.CA ✓CC v
CM v ACM~DCM {3)~
March 17, 2022
Council Memorandum
To: Honorable Mayor Hall and Me e City Council
From:

Via:

Gary Barberio, Deputy City Man munity Services
Kyle Lancaster, Parks & Recreat on D r
Geoff Patnoe, Assistant City Ma ge
{city of
Carlsbad
Memo ID #2022032
Re: Dogs in Parks - History of Prohibition and Study of Allowance {Districts - All} This memorandum provides information on dogs in city parks, specifically on the history of the present prohibition and a brief study of the potential allowance.

Background
Recently, several members of the public submitted comments to the Parks & Recreation Commission and/or the City Council regarding the present prohibition of dogs in city parks. The comments have been commonly submitted after the individuals received a warning from a Police Department Park Ranger or Officer regarding a lack of adherence to the prohibition.

Some of those individuals indicated they were not aware of the prohibition of dogs in city parks and suggested that it be repealed or amended.

As a standard, regulatory signs are posted at the vehicular entries and major pedestrian accesses of each city park. These regulatory signs include the prohibition of dogs in city parks, and reference the applicable Carlsbad Municipal Code section . Staff estimates it currently receives over 100 contacts a year from members of the public expressing concerns related to dogs in city parks. These concerns are routinely responded to by the Police Department, which is charged with the enforcement of the prohibition of dogs in city parks.

On Jan. 24, 2022, in response to a comment received from the public, the Parks & Recreation Commission requested that staff bring forward a future agenda item on the history of the existing prohibition and a study on the potential allowance of dogs in city parks. Staff anticipates returning to the Parks & Recreation Commission on March 21, 2022, with the information contained within th is memorandum.

Discussion
History of the Present Prohibition of Dogs in Parks
The present prohibition of dogs in city parks can be found in the following sections of the Carlsbad Municipal Code (Attachment A).

Community Services Branch
Parks & Recreation Department
799 Pine Avenue, Suite 200 I Carlsbad, CA 92008 I 442-339-2826 t Council Memo - Dogs in Parks - History of Prohibition and Study of Allowance (Districts - All) March 17, 2022

11.32.030 Unlawful acts.

It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach within the city:

11. To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches. a. Notwithstanding any other provisions of this chapter, this section does not apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. b. This prohibition does not apply to a dog accompanying an unsighted person, or other person who by reason of medical necessity must be accompanied by a dog, dogs while assisting peace officers in law enforcement duties, dog parks or other areas specifically designated for dog use by the city council, or to dogs participating in shows or obedience classes authorized by the Carlsbad community services department on specified areas of parks or beaches .
c. This prohibition does not apply to Leo Carrillo Ranch Historic Park with a valid park and facility use permit issued by the city manager or designee authorizing one or more horses, ponies, or horse drawn carriages;

23. No person shall allow any dog owned by him or her or any dog subject to his or her control, custody, or possession, to enter upon any park within the city; provided, however, that this subsection shall not apply to dogs participating in shows or obedience classes authorized by the Carlsbad community services department in specified areas of parks, dog parks or other areas specifically designated for dog use by the city council. No person shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park property. It is the duty of persons having control of a dog to curb such a dog while in a park area; The history of this prohibition dates back nearly a half century. Within City Council Agenda Bill No. 707, Supplement No. I, Ordinance Prohibiting Presence of Dogs and Golfing in Parks (Attachment B), on March 29, 1972, the City Manager indicates: "This ordinance is necessary to protect City Parks from the current abuse they receive from these activities . Recommend approval." Within the same City Council Agenda Bill Supplement, on April 4, 1972, the Council Action indicates: "Due to a recent court decision concerning dogs entering upon public property, the City Attorney was instructed to research the decision and action on Ordinance No. 3091 was deferred until the next meeting." Lastly, within the same City Council Agenda Bill Supplement, on April 25, 1972, the Statement of the Matter indicates: " ... It has become necessary to prohibit the presence of dogs and golfing in City parks, not only because of the hazard presented, but because it is unpleasant for park users and maintenance personnel to play and work among dog droppings or flying golf balls and divots." Ordinance No. 3091, Prohibiting Presence of Dogs and Prohibiting Golfing in Parks, Amending Ordinance No. 3083, adopted on May 16, 1972, and reads in part: "No person shall allow any dog owned by him or any dog subject to his control, custody, or possession, to enter upon any park within the city ." Council Memo - Dogs in Parks - History of Prohibition and Study of Allowance (Districts - All) March 17, 2022

On Nov. 24, 1981, staff presented City Council Agenda Bill No. 6821, regarding dogs in parks (Attachment C). At the direction of the City Council, staff had researched state ordinances that pertained to dogs on the state's beach. The City Council discussion, "reflected the need for the ordinance to be consistent with the state requirement for dogs on beaches ... " During the course of research, staff discovered that a conflict existed between two city ordinances. Under one ordinance, dogs were allowed in parks "when led by a cord or chain not more than six feet long," while under the other ordinance dogs were "prohibited from entering any park within the city." In a memorandum to City Manager Frank Aleshire, Parks & Recreation Director David Bradstreet states: "Dogs in the park have created the following concerns:

1. Complaints from park participants, park personnel, and nearby residents .

2. Lack of a healthy and sanitary environment resulting from excrement.

3. Scattered trash and turf damage.

4. Fear of potential biting."
On Dec. 15, 1981, the City Council adopted Ordinance No. 3142, which affirmed that dogs would not be allowed to enter any park within the city.

On Jan. 10, 1989, staff presented City Council Agenda Bill No. 9812, regarding the prohibition of dogs from parks and beaches (Attachment D). At the direction of the City Council, in response to a citizen's complaint, staff proposed further amending the Carlsbad Municipal Code to prohibit dogs from the city's parks and beaches. On Jan. 17, 1989, the City Council adopted Ordinance No. NS-51, which prohibited dogs from all city parks and beaches. Exceptions to this ordinance included the three lagoons within the city, dogs accompanying an unsighted person, dogs while assisting peace officers in law enforcement duties, and dogs participating in shows or obedience classes authorized by the Parks & Recreation Department on specified areas of parks or beaches.

On Jan. 11, 2000, staff presented City Council Agenda Bill No. 15,570, regarding the establishment of a dog park (Attachment E). At the request of the Parks & Recreation Commission, staff recommended the City Council establish a dog park at the upper area of Larwin Park (now Hidden Canyon Park), and amend the Carlsbad Municipal Code to allow dogs in that park site. The City Council directed staff to process a Conditional Use Permit and environmental review for the dog park, and to return with amendments to the Carlsbad Municipal Code.

On Aug. 8, 2000, staff presented City Council Agenda Bill No. 15,862, regarding allowing dogs at designated park sites (Attachment F). At the direction of the City Council, staff returned with amendments to the Carlsbad Municipal Code to allow dogs in parks (or portions thereof) specifically designated for dog use. On Aug. 16, 2000, the City Council adopted Ordinance No.

NS-557 (Attachment G), amending the Carlsbad Municipal Code accordingly .

Council Memo - Dogs in Parks - History of Prohibition and Study of Allowance (Districts - All) March 17, 2022

Since August 2000, the city has constructed a second dog park at Alga Norte Community Park, has a third dog park under construction at Poinsettia Community Park, and has a fourth dog park under design at the Village H South open space. Additionally, since the city incorporated in 1952, leashed dogs have been allowed along city trails. The upper sea wall pathways, which bisect the Ocean Street Sculpture Park and the Tamarack Upper Picnic Facilities, are included within the citywide trails mapping as Type 6 Mobility/Multi-Use Paved Pathways. The public sidewalks extending to the north and to the south of the upper seawall pathways are included within the citywide trails mapping as Type 5 Mobility/Connector Sidewalks. Thus, leashed dogs are allowed along these city trail segments as well.

Brief Study of the Potential Allowance of Dogs in Parks In order to allow dogs in city parks, an amendment to the Carlsbad Municipal Code would need to be adopted by the City Council. To date, the City Council has not requested that staff draft such an amendment to the Carlsbad Municipal Code for its consideration. By adopting such an amendment, the City Council would be increasing the city's liability exposure specific to dogs in parks. Because the city is self-insured, and therefore does not pay advance premiums, there would be no initial increase in insurance costs as a result of adopting such an amendment, but there may be an increase in settling insurance claims or lawsuits specific to dogs in parks.

There would also be an increase in maintenance costs as a result of adopting an amendment to the Carlsbad Municipal ode allowing dogs in parks. One-time costs would include the replacement of all aforementioned regulatory signs posted at the vehicular entries and major pedestrian accesses of each city park. One-time costs would also include the staff recommended installation of dog waste bag stations throughout city parks. Dog waste bag stations are already installed in each city dog park, and along all city trails. Staff preliminarily estimates the one-time costs associated with these actions would exceed $50,000, which is not accounted for in the Parks Maintenance Operating Budget . A detailed estimate of these one­ time costs, and a request for additional appropriation to the Parks Maintenance Operating Budget, could be prepared upon direction from the City Council.

Ongoing maintenance costs would include the stocking and servicing of the added dog waste bag stations, the removal of dog excrement from trash receptacles and from other areas throughout city parks, the power-washing of dog urine from trash receptacles, light posts, picnic tables and shelters, benches, concrete slabs and pathways, and the replacement of natural grass and shrubs due to the impacts of dog urine and/or digging, and the repainting of light posts and picnic shelter supports due to the impacts of dog urine. Staff preliminarily estimates the annual costs associated with these actions would exceed $250,000 annually, which is not accounted for in the Parks Maintenance Operating Budget. A detailed estimate of these one-time costs, and a request for additional appropriation to the Parks Maintenance Operating Budget, could be prepared upon direction from the City Council.

Council Memo - Dogs in Parks - History of Prohibition and Study of Allowance (Districts - All) March 17, 2022

Other Cities in Region and Dogs in Parks
Staff recently researched the relevant sections of the municipal codes of the other cities within the County of San Diego. Each of these cities, except for Coronado, provide one or more designated off leash dog areas in city parks. Each of these cities, except for Coronado and Escondido at designated sites, also allow leashed dogs in city parks. Lastly, each of these cities allow leashed dogs along city trails.

Next steps
Staff will continue to enforce the current Carlsbad Municipal Code prohibition of dogs in city parks, unless other direction is received from the City Council.

Attachments: A. Carlsbad Municipal Code Section 11.32.030, Unlawful Acts B. Carlsbad City Council Agenda Bill No. 707, Supplement No. I C. Carlsbad City Council Agenda Bill No. 6821
D. Carlsbad City Council Agenda Bill No. 9812
E. Carlsbad City Council Agenda Bill No. 15,570
F. Carlsbad City Council Agenda Bill No. 15,862
G. Carlsbad City Ordinance No. NS-557
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Mickey Williams, Police Chief
Laura Rocha, Deputy City Manager, Administrative Services Zach Korach, Finance Director
Matt Magro, Assistant Police Chief
Bryan Hargett, Police Captain
Cindie McMahon, Assistant City Attorney
Gary Marshall, Police Lieutenant
Allegra Frost, Deputy City Attorney
Mick Calarco, Special Projects Manager
Carlsbad, California Mtmicipal Code
Title 11 PUBLJC PROPERTY
Chapter 11.32 PARKS AND BEACHES
. . .

11.32.030 Unlawful acts.

ATTACHMENT A
It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach withinthe ciJy:

1. To dump or deposit any trash, refuse, rubbish, litter, or other kind bf waste materials, except in approved containers specifically placed and designated to receive such waste materials;

2. To start or maintain any fire, except in such areas as are specifically designated by the city manager for such fires, including stoves; barbecue pits, fire rings and the. like;

3. To commit any act of vandalism, including the damaging or destroying of trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or to deface the same, or to pick any crops, fruit or flowers in any portion of such public park or beach;

4. To bring into or use any firearms or air or gas or spring-propelled guns, sling shots, bows and arrows, except that bows and arrows may be permitted in such portions of public parks or beaches which are specifically designated by the city manager for archery or other projectile-throwing devices;

5. To discharge or set off firecrackers, torpedoes, rockets or other fireworks except where a special event permit has been granted pursuant to Chapter 8.17;

6. To stable, pasture or keep animals or insects;

7. To bring into a public park or beach any cattle, horse, mule, goat, sheep, swine, cat, other animal, · fowl or reptile of any kind except as hereafter specifically provided or as otherwise permitted by the city manager or designee or with a valid special event permit or park and facility use permit; . .

8. To enter any portion of a public park or beach in the city; or buildings or portions thereof in such public parks and beaches which are posted with signs stating "no entry," "keep out," "no trespa~sing," "closed area'' or other prohibition of entry;

9. To enter any portion of or be in a public park or beach in the city at a time of the day, or en a day of the week, when such entry is prohibited by a clearly legible sign posted at each entrance to such public park or beach. The city manager is given authority to post such signs;

10. To park any vehicles or trailer in any public park or beach in the city, except in areas specifically designated as parking areas by the city manager or designee; j

ATTACHMENT A
11 . To ridE:l or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind.

Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches , - a. Notwithstanding any other provisions of this chapter, this section does not apply to Batlquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.
b. This prohibition does not apply to a dog accompanying an unsighted person, or other person who by reason of medical necessity must be accompanied by a dog, dogs while assisting peace officers in law enforcement duties, dog parks or other areas specifically' designated for dog use by the city council, or to dogs participating in shows or obedience classes authorized by the Carlsbad c9rnmunity services department on specifie.d areas of parks or beaches. c. This prohibition does not apply to Leo Carrillo Ranch Historic Park with a valid park and facility ·use permit issued by the-city manager or designee authorizingorie or more horses; ponies, Or horse drawn carriages;

12. To construct or erect on any portion of a public park or beach in the city any building, fence or structure of whatever kind, whether permanent or temporary in_ character, or run, or string or install any public service utility into, upon or across such lands, except on special written permit of the city manager or designee as to temporary items and of the city council as to permanent items. Each day such condition exists shall constitute a new and separate offense; . 13. To park or stand any vehicle or trailer in any public park in the city between the hours of 11 :00 p.m. and 5:00 a.m. daily, except as permitted by the city manager or designee;

14. To cut arid remove any woed or to remove turf, grass, soil, rock, sand, gravel or fertilizer;

15. To camp or lodge in any park or beach except in those areas designated and posted as camping sites by the city manager or designee;

16. To play or engage in any sport or sporting event ih any picnic area;

17. To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition;

18. For any groups consisting of25 or more persons to hold, conduc_t or participate in any celebration , parade, service, picnic, exercise, or other special event without having first obtained an approved park . and facility use permit. This subsection shall not apply to any beach in the city;

19. To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or . advertising device or matter of any kind;

20. To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, urless granted a valid special event or park and fac.ility use permit issued by the city council or designee;

21. To practice , carry on, conduct or soliGit for any trade, occupation, business or profession of whatsoever kind or character without permission of the ·city council or city manager; . . : •
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ATTACHMENT A

22. To use or operate any vehicles at any time, except as permitted by the city manager, or designee, in a park, designated streets or parking areas or as part of a supervised recreational activity or as authorrzed by the owners of the outer lagoon. This subsection does not apply to officers, agents or employees of the United States, the State of California, the City, or public utility companies or other local government agencies, when they are using motor-powered vehicle in the performance of their official duty; nor to the use of motor-powered vehicle in emergencies when it isnecessary to use them for the preservation or protection of life or property, nor to utility companies using motor-powered vehicle for the installation, maintenance, repair or servicing of utility lines, generation, intake and outfall facilities, cooling water resources and other related facilities; ·

23. .. No person shall allow any dog owned by him or her or any dog subject to his or her control; custody, or possession, to enter upon any park within t~e city, provided, however, that this subsectbn· shall not apply to dogs participating in sho
0 ws or obedience cias~es authorized by the Carlspad
community services department in specified ~reas of parks,.dog parks or other areas specifically designated for dog use by the city council. No pe·rson shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park property. It is the duty of persons having control of a dog to cu.rb such a dog while in a park area;

24. No person who is over six years of age shall enter or use any water closet, restroom, dressing room or other facility designated for exclusive use by persons of the opposite sex in a public park or beach;

25. For any person to assemble, collect or gather together in any walk, passageway or pathway set apart for the travel •of persons through any park or beach or to occupy same so that the free passage or use thereof by persons passing along the same shall be obstructed in any manner; I

26. Nothing herein contained shall prevent the operation ofmotorvehicles and free right of public access ovet';or across any validly dedicated public street or road in the city;

27. No person shall play or practice golf or swing any golf club within any park w.ithin the city, except in such areas and to the extent as may be authorized by posted signs authorized by the city manager or designee;

28. To sell or offer to sell food, or barter for or solicit a donation for food, without a valid park and facility use permit or special event permit, all applicable health permit(s) issued by County of San Diego department of health, and if required, a City of Carlsbad business license. This subsection shall not applyto any state, county or local government entity or other political subdivision;

29. To use any inflatable commonly known as "jump house," "bounce house," "jLli11P bouncers," "bouncy houses," "fun houses," or similar devi~e without a valid park and facility use permit or special event permit. For purposes of this subsection, jump house, bounce house, jump bouncers, bouncy houses, fun houses, or similar is a structLfre that when inflated by a blower or similar inflating takes on a particular form where a person can bounce, jump, climb and slide on the inflatable device. The inflatable devices normally have safety features built into the design and are rugged with reinforced construction;

30. The temporary construction or use of a water slide, slip and slide, dunk tank, merry-go-round and climbing wall is prohibited except by permission of the city manager or designee; '
I I !

ATTACHMENT A

31. To use radio or remote controlled cars or similar devices, excepting the beach area west of Carlsbad Boulevard, between Palomar Airport Road and Solarhar Drive; 32 . . To use radio or remo.te controlled model aircraft or similar devices excepting the beach area west of Carlsbad Boulevard, between Palorriar Airport and Solamar Drive, and excepting on any park's natural turf baseball fields from 8:00 a.m. to 2:00 p.m., only if a scheduled league game or practice is not occurring, or as otherwise permitted by the city manager or designee provided appropriate signs are installed giving adequate notice of such exce.pted areas. (Ord. CS-077, 201 O; Ord. CS-022, 2009; Ord.

NS-557 § 1, 2000; Ord. NS-286 § 5, 1994; Ord. NS-56 § 3, 1989; Ord. NS-51 § 1, 1989; Ord. 3222_§ 2, 1987)
·,,., .. ,·"'
Contact :

City Clerk: 760-434-2808
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C I T Y
Agenda Bill No. 707
;Referred To:
0 F CA:! LS BAD,
SUPPLEMENT No. I

CITY COUNCIL
subtect: ORDINANCE PROHIBITING PRESENCE OF ·DOGS
AND GOLFING IN PAP.KS
C
Date:
,--/ .· f- ('d)
A L I F 0 R N I A
April 25, 1972
Submitted By:

Parks and Recreation
Department
statement of the Matter: An original ordinance revision was submitted by the City Attorney at the request ;f this department. It was consiaered by th~ City Council during the April 4, 1972 · meeting and returned to staff for revision because there was concern about our request to prohibit dogs from c·i ty beaches. That . portion of the proposed ordinance has been deleted " though the State Department of Parks and Recreation will not permit dogs on Carlsbad St~te Beaches after May 15; 1972. (Re~er to attached letter from Mr. ~ack Welch, Area -Manager.)
It has become most necessary to prohibit the presence of dogs and golfing in City parks, not only because of the hazard presented, but b~cause it is unpleasant for · park users and maintenance personnei to play and work among dog droppings or flying golt balls and divots. ·
Exhibit

1. ·ordinance No. 309f

2. ~etter from State Department of Parks and Recreation Staff Recommendations
Approval as submitted.

ATTACHMENT B
AB No. Date: 29 March 1972
City Manager's Recommend a tion
This or.dinance is necessary to protect c•ity . . ·Parks from the current · abuse they rece.ive from these activities . ~ecommenil approval. . · Counci'l
0 Action
4-4-72 Due to a recent cour ·t d~cision concerning dog.s entering upon public property, the City Attorney was instructed to research the decision and action on Ordinance #309tl was deferred until t'ne next meeting .

Following report an~ discussion, Ordinance NQ. 3091 was given a first reading. • ·
5-16-72 A s econd reading ·".'las gi .ven Ord. #30_91,.and -adopted. -2-
ATTACHMENT 8

STATE CJF CALIFORNIA-RESOURCES AGENCY

DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 2390
SACRAMENTO 95811
San Diego Coast A:cea
P, 0, Box 38
Carlsbad, California 92008
April 5, 1972 .

Mr. Bob Johnson, Director
City of Carlsbad
Department of Parks and Recreation
1200 Elm Street
Carlsbad, California 92008
Dear JIii,, Johnson:

RONALD REl\,GAN, Governor
Effective May 15, 1972, dogs will be prohibited on the beaches of the San Diego Coast State Beaches. The specific units are Carlsbad, South Carlsbad, Leucadia, Moonlight, San Elijo, Cardiff, and Torrey Pines State Beaches,
There are three exceptions. The prohibition does not apply in the campgrounds at South Carlsbad and San Elijo State Beaches or in the Reserve portion of Torrey Pines. Visitors to these three units may still bring their dogs subject to applicable control measures but may not take them on the beaches. Dogs will not be permitted oil. the day use State Beaches at Carlsbad, Leucadia, Moonlight, and Cardiff, All beaches will be posted, Enforceme,nt of the prohibition will be by State Park System personnel in cooperation with the County animal control measures.

Campers planning to visit the two caJ141grounds and the reserve are reminded that all dogs must be controlled, may not be left unattended, and are not permitted on the trails within the reserve, Tnis prohibition is being :il!!posed because of the increasing number of dogs being permitted to run loose on the beaches, the hazard to visitors, and the noisome sanitation problem ..

We sol~~it the public cooperation, Q.uestions may be referred to the San Diego Coast State Beaches, 2680 Carlsbad Boulevard, Carlsbad, California 92008; phone 729-8947.

Sincerely,
~~ IJJ .. duJ
Area Manager
JPW:mJ"k

ATTACHMENT B
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12 13
14 15
16 17
18 19
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21 22
. 23
24 25
26 27
28 I
2911
ORGINANCE N0_....::;3~0~9~1 __

ORDINANCE OF THE CITY COUNCIL OF THE
CIT: OF CARLSB/-D PROHIBITING PRESENCE
OF DOGS AND PROHIBI?ING GOLFING IN PARKS;
AMENDING ORDINANCE No. 3083
The following Sections, ll.2 4. 130(25) and (26) are hereby added to the Carlsbad Municipal Code.
"ll.24.130(25) No peroon shall allow any dog owned by him or any dog subject to his control, custoqy, or possession, to enter upon any park within the city."
"11. 24 .130 (26) No person shall iJlay or practice golf or swing any golf club within a•.-.. , park wi thin the city, except in such areas and to the extent as m•~ be authorized by posted signs authorized by the city ...

EFFECTIVE DATE: This Ordinance shall take effect and be in farci;, on .the thir .ty-£irst .day from and after its adoption, PUBLICATION: The City Clerk of the City of Carlsbad is hereby directed to cause this Ordinance to be published once in the Carlsbad Journal a newspaper published and of general circulation in said City of Carlsbad.

First read at a recular meeting of the city council of the city of Carlsbad held on the 2nd day of __ i•_,a~y ____ , 1972, and finally passed, approved and adopted at a regular meet:cng held on the 16th day of
AYES:

NOES:

ABSENT:
__ M_a~y ___ , 1972, by the following vote, to wit:

Cmn . Dunne , Mccomas, Lewis and Frazee.

Cmn. Chase.

None.
~J/#ffe~ . ~ M. DUNNE, Mayor of the City of
Carlsbad, Carlsbad, Califor _nia
ATTEST:
:1~~y4-
Cityu=:1erk
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CIT. OF CARLSBAD - AGEND1oa SILL
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ATTACHMENTC
1 (;o;
'._,/
AB# '2UI
MTG 11 / 2 4 / 81
DEPT._P_ ~_ R_
TITLE:

RECOMMENDED ACTION:

Ordinance Regarding Dogs in the Park DEPT. HD. Il3
CITY ATTY Vffi
CITY MGR. __
Council introduce Ordinance No. Jlitll- to amend Carlsbad Municipal Code Title II Chapter 11.24, Section 11.24.130 (11) and Section

11.24.130 (25) . to eliminate the present conflict in the two ordinances regarding dogs in the park. Staff recommends Alternative II, which will prohibit dogs in the park.

ITEM EXPLANATION:

On September 1, 1981, City Council directed staff to review the ordinances that pertain to dogs in the park. Staff discovered that a conflict exists between two City ordinances. Basically, the ordinances state:

1. Section 11.24.130 (11). Dogs are allowed in the park when led by a cord or chain not more than SlX feet long.

2. Section 11.24.130 (25). Dogs are prohibited from entering any park within the City.

The two ordinances must be clarified and standardized. Staff has proposed two alternatives to resolve the conflict.

Alternative I
Repeal subsection (25), and amend subsection (11) to permit dogs in the park and beach. (See Exhibit B for specific wording and con­ ditions.)
Alternative II
Alternative II will amend subsections (11) and (25). Dogs will not be allowed to enter any park within the City. (See specific wording and conditions in Exhibit A).

FISCAL IMPACT
To post and sign ordinance throughout the main park areas, it is estimated that the cost would be $300.00. Funds are available in account 1-160-2670 .

EXHIBITS
A. Ordinance No . ..114.fL to amend Municipal Code, Title II, Chapter

11.24, Section 11.24.130(11) and Section 11.24.130(25) .

B. Memorandum to City Manager dated September 21, 1981.

C. Memorandum to City Manager dated November 25, 1981.

PARKS AND RECREATION COMMTSSTON:

The Parks and Recreation Commission has reviewed the Ordinances and approved Alternative II.
/

ATTACHMENT C

M E M O R A N D U M
TO
FRDl1:

DATE:

Frank Aleshire, City Manager
David Bradstreet, Director, Parks & Recreation~
September 21, 1981
SUBJ: Ordinance Conflict Regarding Dogs in Park
Background
On September 1, 1981, Council directed staff to review the ordinances that pertain to dogs in park.

Recommendation
Staff recommends Alternative II, . and also to post and sign throughout major park areas.

Fiscal Impact
To post and sign ordinance throughout the major park areas it is estimated that the cost would be $300.00 . Funds are available in 1-160-2670.

Discussion
On an occasional basis, the City receives requests to conduct dog shows and obedience classes in City Parks. Under the pro­ visions of Subsection 11.24.130 (25), such a request would have to be denied.

Dogs in the park have created the following concerns:

1. Complaints from park participants, park personnel, and nearby residents.

2. Lack of a healthy and sanitary environment resulting from excrement.

3. Scattered trash and vurf damage.
4 . Fear of potential biting.

The current department policy on dogs in the park is as follows:

If dogs are observed running free in the public parks, the owner or responsible party is notified to put the dog on a leash. If no owner is identified, the county animal control officer is notified. If owners refuse to leash their dogs, the police department is notified.

In reviewing Municipal Code 11.24.130, Subsection (11) and (25), there is a conflict as it relates to dogs in a park or beach.

Please refer to attachment, Municipal Code 11.124.130, Subsections (11) and (25). One Section permits dogs on a leash in the park,

EXHIBIT B
the other section prohibits dogs in the park.

Alternatives

ATTACHMENT C
In order to eliminate the conflict between Subsections (11) and (25) of Section 11.24.130 and permit dog shows in City parks, the following alternatives are proposed:

ALTERNATIVE I
A. Repeal Subsection (25) of Section 11.24.130.

B. Amend paragraph (11) of Section 11.24.130 to read as follows: To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind, pro­ vided that this section shall not apply to dogs when led by a cord or chain, not more than six feet in length or to dogs when participating in a dog show or obedience class which has been authorized by City of Carlsbad Parks and Recreation Department. No person shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park or beach property. It is the duty of persons having control of a dog to curb such dog while in a park or beach area.

ALTERNATIVE II
A. Amend Subsection (25) of Section 11.24.130 to read as follows: No person shall allow any dog owned by him or
any dog subject to his control, custody, or possession, to enter upon any park within the City; provided however, that this section shall not apply to:

1. Dogs on beaches when led by a cord or chain, not more than six feet long;

2. Dogs participating in shows or obedience classes
authorized by the Carlsbad Parks and Recreation in
specified areas of parks.

No person shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park or beach property. It is the duty of persons having control of a dog to curb such dog while in a park or beach area.

B. Amend Subsection (11) of Section 11.24.130 to read as follows~ To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind except as provided in Subsection (25) of this section.

In summary, staff feels that Alternative II would best serve the interests of both park personnel and park users.

DLB:MB:kap
- 2 -
TO
FROM:

DATE:

SUBJ:

ATTACHMENT C

M E M O R A N D U M
Frank Aleshire, City Manager
David Bradstreet, Parks and Recreation Director
November 25, 1981
Ordinance Regarding Dogs in the Park
On Tuesday, November 24, 1981, at the City Council Workshop, staff was directed to review the state ordinance that pertains to dogs on the beach. (See attached). Our research has shown that dogs are only allowed in specific sections of the beach within the city limits. The beach is patrolled by State Rangers to enforce the California Administrative Code.

Staff recommends that the City does not need an ordinance regarding dogs on the beach since the majority of beach property is under State jurisdiction. This subject should be eliminated from the City ordinance. ·
DB: jw

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
ORDER NO. 6-104
June 1, 1979

ATTACHMENT C

1. The fol101Jing lands and facilities of the San Diego Coast Area of the D~partment of Parks and Recreation are hereby closed to dogs.

A. All state property within the boundaries of Carlsbad State Beach, including beach area, bluff aren, buildings, parking areas and roads.

This closure to be effective twenty-four hours a day, every day, from June l, 1979.

B. All a tate beach property within the boundaries of South Carlsbad State Beach. This closure to be effective twenty-four hours a day, c.very day, from June 1, 1979, except as stated below.

C. All state property within the boundaries ~f Leucadia State Beach including beach nrea, bluff area, buildings, parking areas and roads.

This closure to be effective twenty-four hours a day, every day, from June 1, 1979.

D. All state property within the boundaries of Moonlight State Beach, including beach area, bluff area, buildings, parking areas, roads and tenni• courts. This closure to be effective twenty-four hours a day, every day, from June 1, 1979.

E. All state beach property within the boWldaries of San Elijo State Beach. This closure to be effective twenty-four hours a day, every day, from June l, 1979, except as stated below.

F. All state property within the boundaries of Cardiff State Beach, including beach area and .parking area. Thia closure to be effective twenty-•four hours a day, every day, from June 1, 1979.

G. All state property within the boundaries of Torrey Pines State Beach, including beach area, buildings, parking areas, roads. This closure to be effective twenty-four hours a day, every day, from June 1, 1979.

Exceptions:

A. The campground area of South Carlsbad State Beach remains open to dogs on leash and under control.

B. The campground area of San Elijo State Beach remains open to dogs on leash and under control.

C. The tennis court area east of Third Street remains -open to dogs on leash and under control.

ATTACHMENT C
DEPARTMENT OF PARKS AND RECREATION -2- ORDER NO. 6-104
D. Cardiff State Beach: From the mouth of the San Elijo Lagoon south­ ward to the south boundary. Dogs are not permitted on the adjoining San Elijo State Beach immediately to the north.

E. Carlsbad State Beach: From the Agua Hedionda Lagoon mouth and jetty southward to the San Diego Gas and Electric Company property. Dogs arc not permitted on the portion of Carlsbad State Beach north of the jetty.

F. Leucadia State Beach: - From the Sea Bluff access sta.il:way to the south boundary. Access to the beach for visitors with dogs will be limited to the two stairways, Sea Bluff and the older access at Neptune and Fulvia. Access will not be permitted either from Moonlight State Beach or the San Marcos (Ponto) Creek area.

2. Nothing here.i!l, shall affect any existing private contract or property rights.

3. Nothing herein shall be construed in derogation of other provisions of law.

Authority:

State of California Public Resources Code Section 5003.

California Administrative Code. Title 14, Sections 4327 and 4312.

Copies of this Order hnve been filed with Associate Director, Operations.

This Order supersedes Order 6-11 de.ted May lS-, 1972.
?
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authorize
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manager no person shall smokr or build fires in ;ircJs other th.in those designated by the area manager for such purposes. 4312. Dogs; Animals.
(a) No rcrson shall bring a dug into, permit a
dog to enter or remain, or possess a do~ in the state park system unless the dog is on leash of no morl' th.in six feet in length and under the immediate control of a per rnn nr confined in a vchide .
(b) Except for dog, under five (5) months of
age no person shall bring a dog into, permit a dui,\ to enter or remain, or possess a dog in the slJtc park systrm unless the person presents prool that the dog Ii.is a valid rabies inoculation i.1r the person presents a v,1lid license for the dog.
(c) No person shall bring a dog into, permit a
dog to en tcr or remain, or possess a dog beyond the limits of campgrounds, picnic areas, parking areas, "foads, or in any structure of the state park system, provided, however, that where hunting is permitted a dog may be used when accom­ panied by ·a hunter.
(d) No person shall brin~ a dog in to, perm it a
dog to enter or remain, or possess a dog on any beach adjacent to any body of water in any unit of the state park system except in areas designated for dogs.
(e) No person shall permit a dog or a cat to
remain outside a tent, camper, or enclosed vehicle during the night .
(f) No person shall pr-rm it a dog lo run loose, or
turn loose a dog or any animal in any portion of the state park system , except upon a finding of benefit to the state park S)'Stern or upon written authorization by the area manager. (g) No person shall keep a cat in the state park
system except under his immediate control.
207

ATTACHMENT C
(h) No person shall keep a noisy, vicious, or
dangerous dog or animal or one which is disturbing to other persons, in the st;ite park system and remain therein after he has been asked by a park officer to le,1vc.
(i) In state rccrc:ition areas open to hunting
pursuant to Public Resources Code, Section 5003.1, dogs may be used to assist in the particular type of hunting being engaged in. Such dois shall not be permitted to pursue or take any wildlife other than that being hunted.
(j) Subsections (,i) through (i) inclusive of this
section, extept subsection (h) shalt not apply to "seeing eye" dogs used tn guide a bl inti person there present, provided, that such dogs shall remain under the immediate control of such blind persons.
4313. firearms. No person shall carry or possess a
firearm with a cartridge in any portion of the mechanism; nor shall any person dbcharge across, in, or into any portion of the state park ~ystem a firearm, bow and arrow, or air or gas weapon or any device capable of injuring or killing any animal or damaging or destroying any public or private property, except where the director for good cause has so authorized upon his finding that it is not inconsistent with state park use.

Nothing herein contained shall be construed in derog;ltion of the use of weapons by law or regulation permitted and to be used for hunting in a state recreation area, or portion thereof, opened to hunting.
4314. Fireworks. No person shall possess, dis-
charge, set off, or cause to be discharged, in or into any portion of the state park system any firecrackers, torpedoes, rockets, fireworks, explosives, or subst,rnces harmful to tho life or safety of persons. This section does not apply to explosives lawfully possessed or used under the dira: tion of the area manager. 4315. Grazing. No person, persons, or corporation
shall graze, herd, or permit livestock to enter or remain inside a unit of slate park system without specific written Julhorization 208
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.. ATTACHMENT C
ORDINANCE NO. . 3142 ,

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11,
CHAPTER 11.24, SECTION 11.24.130 OF THE

CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
SUBSECTIONS (11) AND (25) TO PROHIBIT DOGS
IN THE PARKS.

The City Council of the City of Carlsbad, California,
does ordain as follows:

SECTION 1: That Title 11, Chapter 11. 24, Section

11.24.130 of the Carlsbad Municipal Code is amended by the amendment of Subsections (11) and (25) to read as follows:
" ( 11) To ride or lead horses, or to hitch, fas ten,
lead, drive or let loose any animal or fowl of any kind except as provided in Subsection (25) of this section. This section shall not apply to state parks or state beaches.
"(25} No person shall allow any dog owned by him or
any dog subject to his control, custody, or possession, to enter upon any park within the City provided, however, that this section shall not apply to dogs participating in shows or obedience classes authorized by the Carlsbad Parks and
Recreation in specified areas of parks. No person shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park property. It is the duty of persons having control of a dog to curb such dog while in a park area."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption.

INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 1st day of Decenber
·"\ ---- ,
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and thereafter '
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. . ... - .. ATTACHMENT C
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of said 2 Council held on the 15th day of December
3 lowing vote to wit:
, 1981, by the fol-
4 5
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AYES: Comcil ¾mbers Packard, Casler, Lewis and Kulchin
NOES: Council Men:ber Arrear
ABSENT: None
~~,,_L/
RONALD C. PACKARD, Mayor
lO ATTEST:
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cr-... r OF CARLSBAD - AGEf.' l BILL
AB# ~~I~
MTG. l•IO-f1
DEPT. c. .A.

TITLE:

RECOMMENDED ACTION:

PROHIBITION OF DOGS FROM

PARKS AND BEACHES
10 ~
ATTACHMENT D ( (5_/
DEPT. HD. -
CITY ATTY~~
CITY MG .

If the City Council concurs your action is to introduce Ordinance NS~s, ITEM EXPLANATION:

This agenda bill was prepared at the request of Council Member Kulchin in response to a citizen's complaint. It suggests the Council consider amending Carlsbad Municipal Code Section 11.32.030(11) to prohibit dogs from Carlsbad's parks and beaches. The amendment does not apply to any of Carlsbad's lagoons.

In addition the prohibition does not apply to dogs accompanying an unsighted person or dogs participating in shows or obedience classes authorized by the Carlsbad Parks and Recreation Department or specified areas of parks and beaches or dogs while assisting a peace officer in law enforcement duties. The code presently allows dogs when they are on a leash. The ordinance, which is attached, would eliminate the exception. If the Council concurs you action is to introduce Ordinance No. NS· S J •
EXHIBIT:
:;: kJrdinance No. NS- S / .

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28 ATTACHMENT D
ORDINANCE NO. NS-51
Alf ORDINANCE OP THE CITY COUNCIL OP THE CITY
OP CARLSBAD, CALIFORNIA AMENDING TITLE 11,
CHAPTER 11.32 OP THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OP SECTION 11.32.030(11) TO

PROHIBIT DOGS PROK ALL CITY BEACHES AND PARKS
The City Council of the City of Carlsbad, California does ordain as follows:

SECTION I: That Title 11, Chapter 11.32 of the Carlsbad Municipal Code is amended by the amendment of Section 11.32.030(11) to read as follows:
"(11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches.

Notwithstanding any other provisions of this chapter,
this section does not apply to the Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.

This prohibition does not apply to a dog accompanying an unsighted person, dogs while assisting peace officers in law enforcement duties, or to dogs participating in shows or obedience classes authorized by the Carlsbad Parks and Recreation Department on specified areas of parks or beaches."
EFFECTIVE DATE: This ordinance shall be effective June
1, 1989, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption.

INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 10th
and thereafter
day of January , 1989,
J.
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 ATTACHMENT D
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 17th day of __ Ja_n_u_a_r_y __ 1989, by the following vote, to wit:

AYES: Council Members Lewis, Kulchin, Mamaux and Larson NOES: Council Member Pettine
ABSENT: None

APPROVED AS TO FORM AND LEGALITY
ATTEST:

City Attorney
Z, City Clerk

CITY CLERK
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- CITY OF CARLSBAD -- AGENDA i:;11..L
ATTACH.ii,GlE @
AB# /S, S'7o TITLE:

MTG. 1/,t/M
DEPT. ,RE'c EATION

ESTABLISHMENT OF A DOG PARK
.RECOMMENDED ACTION :

Consider a recommendation of the Parks and Recreation Commission to develop a temporary enclosed dog park at the upper area of Larwin Park. If Council concurs, direct staff to refer the matter to the Planning Department for processing of a Conditional Use Permit (CUP) and Environmental Review, and to return with amendments to Chapter 11.32.030 (11) & (23) of the Carlsbad Municipal Code to allow dogs within that specific site, if appropriate . . ITEM EXPLANATION :

Over the past couple of years, staff has received several requests asking the City to provide a dog park . Consequently staff presented this request to the Parks and Recreation Commission for their consideration. Initially, staff recommended against developing a dog park primarily due to public health and safety issues. Notwithstanding that recommendation, the Commission requested staff to investigate the feasibility of developing a dog park at the Pio Pico park site.

Staff returned to the Commission with a report evaluating the use of the Pio Pico site for a dog park. As part of that report, staff recommended the Commission re-evaluate the Pio Pico location and consider alternative locations which might provide a more appropriate area. After considerable discussion, the Commission recommended to form a three (3) member committee to identify alternative site locations for a temporary dog park facility and to present those findings to the City Council for their consideration.

The Committee met and addressed such issues as site location, design criteria, current municipal code restrictions regarding dogs in City parks, neighborhood notification issues, and development/ maintenance costs. A detailed copy of their findings is attached as Exhibit 1.

Based upon their investigation of alternative locations and review of the design criteria, the committee recommended the following sites in order of preference:
• Larwin Park - Lower area
• Larwin Park - Upper area
• Cannon Lake Park
The consensus of the Committee concluded that since these park sites were future CIP projects, then a temporary dog park might be developed at these locations until a more permanent site could become available.

The Committee also recommended that the Carlsbad Municipal Code, Chapter 11.32.030 (11) (Exhibit 2) should be amended to allow dogs at the enclosed, temporary dog park. Furthermore, it was the Committee's findings that many communities throughout the State have safe, legal, and enclosed dog parks where friendly, well-behaved dogs can interact together, in a social setting. In conclusion, the findings of the committee considered that having a designated site was a· pro-active solution in helping to resolve the on-going problem in dealing with dog owners who illegally take their dogs to parks and the beach to exercise.

J
AB# /~SJO
Page2
-- ATTACHMENT E
The neighborhood notification issue was also a significant concern of the Committee. Prior to the Commissions hearing, the Committee requested that staff notify all citizens who lived within 300 feet of each of these park sites. A Press Release was written and staff went door to door to the residents who lived around each site to make them aware of the upcoming Commission meeting. Press Releases were also sent to the local media to inform the public that this item was on the agenda. As a result of that public notification, the Commission received and considered significant public input relative to the three alternative locations. Although the Commission subcommittee was recommending Larwin Park lower, due to the public comment received, the Commission unanimously recommended an alternative location which will also be subject to public comment if Council follows this recommendation it is further recommended that staff be directed to apply for and process a CUP for the site and obtain an Environmental Review.

COMMISSION ACTION:.

During the May meeting the Parks and Recreation Commission recommended (6-0) to forward a request to the City Council to establish a temporary dog park at the upper area of Larwin Park and to amend Chapter 11.32 of the Carlsbad Municipal Code to allow dogs at this parksite . . FISCAL IMPACT:

The preliminary estimated cost to develop a dog park at the Larwin Park upper area is estimated to be approximately $35,880 with the annual maintenance costs at $3,000 per year.

Development costs are preliminary estimates only at this time, pending actual design of the dog park .
. EXHIBITS:

1. Dog Park Sub-Committee Report. - May 9, 1999

2. C.M.C. Chapter 11.32
.May 9, 1999
TO:

FROM:

PARKS AND RECREATION COMMISSION

DOG PARK SUB-COMMITTEE

DOG PARK SUB-COMMITTEE REPORT
~ ATTACHMENT E
As per the direction of the Parks and Recreation Commission, the Dog Park Committee has studied the feasibility of development of a temporary dog park facility in Carlsbad. The enclosed report will summarize the findings and recommendations of the dog park committee.

BACKGROUND
In June 1998, the Parks and Recreation Commission appointed .a three member committee for the purpose of making recommendations identifying a suitable location for a temporary dog park facility. The committee met several times to address the issues involved with development of a temporary dog park, including such topics as:
• Site location
• Design criteria
• Address the policy issue regarding no dogs allowed in parks • Neighborhood notification
• Development and maintenance costs
The following information represents the findings and recommendations of the committee.

SITE SELECTION / DESIGN CRITERIA
The committee has reviewed the existing and future park inventory with regards to identify a site for a temporary dog park site (Attachment 1 ). After an extensive review of possible sites, the committee focused their interests on three individual site locations (Attachment 2).

The site locations recommended by the committee in order of priority are:

1. Larwin Park - Lower

2. Larwin Park - Upper

3. Cannon Lake Park
Each of these locations provide three distinct opportunities for a temporary dog park.

Further analysis of the selection process established a list of criteria which were used to prioritize each site in terms of identifying the best location (Attachment 3).

H:/LIBRARY/WORD/KEN'S M&L 199WOG PARK SUBCOMMITTEE REPClRT (KP 5-10.99) EXHIBIT 1 1

ATTACHMENT E

POLICY ISSUE REGARDING NO DOGS ALLOWED IN PARKS
The current Municipal Code, Chapter 11.32 entitled Parks and Beaches, Section 11.32.030 states that it is unlawful for any person to do any of the following in any park or beach within the City:
(11 ) ... Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches. Notwithstanding any other provisions of this chapter, this section does not apply to the Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.

This prohibition does not apply to a dog accompanying an unsighted person, dogs while assisting peace officers in law enforcement duties or to dogs participating in shows or obedience classes authorized by the Carlsbad Community Services Department on specified areas of parks or beaches.
(23) No person shall allow any dog owned by him or any dog subject to his control, custody, or possession, to enter upon any park within the city; provided, however, that this subsection shall not apply to dogs participating in shows or obedience classes authorized by the Carlsbad community services department in specified areas of the parks. No person shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park property. It is the duty of persons having control of a dog to curb such dog while in a park area.

After considerable discussion regarding the ordinance, it is the committee's recommendation that the C.M.C. Chapter 11.32 should be amended which would allow dogs at the temporary Dog Park site only.

NEIGHBORHOOD NOTIFICATION,
The neighborhood notification issue was of significant concern of the committee. The sub­ committee felt it was extremely important to notify all citizens who live within 300 feet of each of these park sites, that a temporary dog park is being considered, and that it will be discussed at the May 17th Parks and Recreation Commission meeting. Staff was directed to do a Press Release and disseminate it to the appropriate residents.

H:,\.IBRARY/WORDIKEN'S M&L 1988/DOG PARK SUBCOMMITTEE REPORT (KP 5-10-98) 2 ATTACHMENT E

DEVELOPMENT AND MAINTENANCE COSTS
The preliminary estimates* of development and maintenance costs for the three (3) alternative locations recommended by the committee are as follows:

Development Costs
$21,200
$35,880
$35,880
Annual Maintenance Costs.

Larwin Lower
Larwin Upper
Cannon Lake
$3,000 I Yr.
$3,000 I Yr.
$3,000 I Yr . .

Development costs are preliminary estimates only at this time pending actual design of Dog Park. A detail estimated costs are identified on Attachment 4.

Attachments:

1. Map of existing and future park sites.

2. Potential Temporary Dog Park sites.

3. Dog Park Design Criteria.

4. Dog Park Cost Estimates.

H:ILIBRARYIWORD/KE!'lS MI.L 1999/DOG PARK SUBCOMMITTEE REPORT (KP 5-10-99) 3 A
HOIITlt
·-
LEGEND
* COMMLNTY PARK
* FUTURE OOMMI.NTV PARK
e SPECIAL USE AREA
e FU1UlE SPECIAL USE AREA
I!, SPECIAL RESOURCE AREA
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OAAFT' REVISJON
- • •-• l,::Y 1998
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ATTACHMENT E

PARKS &

RECREATION

ELEMENT

CITY OF CARLSBAD

GENERAL PLAN
CARRILJ..O RANCH PARK
* . * ALGA NORTE
ATTACHMENT 1

ATTACHMENT E
.- ' ::·
P "TE-·' kl;T" ,.·, ::-A ---t·'_. -- T· EM· p-- ·on .. A-R· y-- nl-'lln -p----- AR·:,, ·K·.. Sl'"T··.·. ::e,·•-U "·_,::, -!., ··:1-~ '.-- ·ft1 !. - . . . -··· · ·""- · _. uv\i:i :(·.. .... · .i_. ... ::. · - :·:_: · --.-:'}Qi PRIORITY SITE #1

LARWIN - LOWER
PRIORITY SITE #2

LARWIN - UPPER
PRIORITY SITE #3

CANNON LAKE
' ' .

NEED POLICY

CHANGE OF

ORDINANCE

FUTURE LAWN

BOWLING

CONSIDERATION
• LOW VISIBILITY OF i::it: -
SITE
.,

1.-
,'
' • NO WATER (WATER I •

METER REQUIRED)

NO STREET

PARKING
• TRAFFIC

CONCERNS
-1 • NEED CURB CUTS
' • STREET PARKING • HIGft vrs1e1Lifi · • NEED POLICY
> LIMITED , OF SITE --_:- '" CHANGE OF
-I -- ORDINANCE -; . , · -·,.- . ' -- , ' ,. ,.. .. . .. , .. l> ·· . .. __ . _. • POTENTIAL E.M.F.

C"l -\ · · • CONCERNS
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H:/LIBRARY/1/VDRD/KEN'S M&L 199M'DTEN1IAL TEMP DOG PARK SITES (KP &-1CM19)

NO OFF STREET

PARKING

LOCATED IN

TOURIST AREA
i.e. LEGOLAND,
BEACH

MAY IMPACT

CURRENT

REVENUE
SOURCES i.e.

AG. LEASE

MAY CREATE

EXPECTATION
09/16/1999
)
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existing chain link fence / /
0 17 .. /- fife hydrant
+ : ,,,,, ........ I: /.,_ (+) / .
/ / ........ :
/ / , DOG AREA .. /
-/ + (approx. 10,000 s,f.) .-
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existing trees ./
top of existing slope--/ 4- A~ · . ,.•··
!/ ( '1-} ~-.. benche:2 \. _ ., ••.

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1 - 4' chain link ~5 • decomposed
• \. granite walk
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LARV\flN LOV\fER SlTE
dog park study
CITY or- CA[;LSOAD -1\[CI\EATION O[rT . ,r.,$>1
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ATTACHMENT E
. exl~ting sidewalk
norths-
scare
40 feet
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top of exist!n• slope ~ /,.•···• 'L ~
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• /'(approx. 10,000 s.9~~.'~
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4' chain linki}. . ~ . . .••·
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future parking .
expansion If nece.s~ary
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existing residential

ATTACHMENT E
existing oleeulc•I towe,s ~-
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. ... -<?-'-'iJI, . //. € vr g scale ·
I 40 feet I
LARWIN :UPPER SITE
dog park study .

CITY OF CARLSBAD • RECREATION DEPT, .,,_, ''1r )
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CANNON LAKE SITE
dog park study
CITY OF CARLSBAD· RECREATION DEPT. ,,__,.,,
+

CANNON LAKE
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................... , .. , ............... ;' ~
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: , DOG AREA :
[ {approx. '10,000 s.f.~
fi,~e hydrant 0 a · 6f . .
benches --t_J ll j --,
4' chain linklr,~ ~ •-
ac~css to C!frrent. ~= ..................................... : ·. '_'. .· ·. l agncultural operation .:= · .·/- ___ -1
-- -- ~ ·- -park boundary ·- ~
·· • .. :
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. existing railroad r.o.w.
__ ...... II.....,r1n.1Ill!U11!1JI I 111111 IJJ 11 I Uill:D1111 I I 11111 I ~ii II 111111 I I Ill Ill I I 1111u-•,.._

ATTACHMENT E
0 g
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2 2
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futur~ parking expansion
If necessary
north ►
scale
40 feet
)
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ATTACHMENT E

DOG PARK DESIGN CRITERIA
• 10,000 SQUARE FOOT FENCED AREA FOR DOGS
• AVAILABILITY OF WATER
• ADA ACCESSIBLE
• BENCHES/ SHADE STRUCTURE
• CLEAN-UP UTENSILS ARE AVAILABLE
• SIGNAGE OF RULES AND REGULATIONS
• SITE IS VISIBLE AND HAS AVAILABLE PARKING
• MINIMAL NEIGHBORHOOD IMPACTS
• A MINIMUM OF 1.5 - 2.0 ACRES REQUIRED
• MAINTENANCE IMPACT IS ADDRESSED
ATTACHMENT 3
H:WORD.l<ENS M&L 1~ PARK DESIGN CRITERIA (3-1HIII)
II

ATTACHMENT E

DOG PARK COST ESTIMATES
L · U arwm ,pper an dC annon L k a e

ITEM QUANTITY UNIT UNIT COST TOTAL
Clear and grub 1 lump sum 500 500
Curb cut and cone. 1 ea. 1,000 1,000
Apron
D.G. ParkinQ 3,500 s.f. 2 7,000
Fencing 500 I. f. 10 5,000
Benches 4
'
500 2,000 ea.

Signage 1 lump sum 500 500
Water meter 1 ea. 2,000 2,000
Water Devise 1 ea. 700 700
Scooper Dispenser 1 ea. 500 500
ADA Accessibility 1 lump sum 9,000 9,000
Shade Structure 1 ea. 3,000 3,000
Total $31,200
Contingency $4,680
Grand Total $35,880
Larwin Lower

ITEM QUANTITY UNIT UNIT COST TOTAL
Clear and grub 1 lump sum 500 500
Fencing 250 l.f. 10 2,500
Benches 4 ea. 500 2,000
Signage 1 lump sum 500 500
Water Devise 1 ea. 700 700
Scooper Dispenser 1 ea. 500 500
ADA Accessibility 1 lump sum 9,000 9,000
Shade Structure 1 ea. 3,000 3,000
Total $18,450
Contingency $2,770
Grand Total $21,220
Annual Maintenance and Operations = $3,000 per year
ATTACHMENT 4
H:JI.JBRARYIWORDJKEN'S M&L 19QQIOOG PARK-COST ESTIW."IES I KP 4-12--..J 1 Sections:

11.32.010

11.32.020

11.32.030

11.32.040

11.32.050

11.32.060

11.32.070
/fl.32.080
Chapter 11.32

PARKS AND

BEACHES
Parks-Scope.

Beaches-Scope.

Unlawful acts.

Glass containers on beach-
Prohibited.

Public dances.

Violations-Seizure of
property.

Carlsbad seawall-Pedestrians
only.

Restrictions of areas for
exclusive use of surtboards.

11.32.090 Hours surtboarding is
prohibited.

11.32.100 Application of Sections

11.32.080 and 11.32.090 to
lifesaving devices.

11.32.010 Parks-Scope.

For the purpose of this chapter, parks shall in­
clude all dedicated parks, parks established by ad­
verse uses, planted areas open to the general public,
parks on leased property, planted parkways, trian­
gles, and traffic circles maintained by the city, ex­
cept parkway strips between curb and sidewalk or
behind curb, along the several streets and highways
of the city. (Ord . 3222 § 2 (pari), 1987)

11.32.020 Beaches-Scope.

For the purpose of this chapter, beaches shall
include all beach areas bordering the Pacific Ocean,
the Batiquitos Lagoon, the Buena Vista Lagoon and
the Agua Hedionda Lagoon. (Ord. 3222 § 2 (part),
1987)

11.32.030 Unlawful acts.

It is unlawful for any person to do any of the
following mentioned acts in or upon any park or
beach within the city :
344-1
ATTACHME~ 1~2_QlQ
( 1) To dump or deposit any trash, refuse, rubbish,
litter, or other kind of waste materials, except in
approved containers specifically placed and desig­
nated to receive such waste materials;
(2) To start or maintain any fire, except in such
areas as are specifically designated by the city man­
ager for such fires, including stoves, barbecue pits,
fire rings and the like;
(3) To commit any act of vandalism, including
the damaging or destroying of trees or their leaves,
limbs or branches, bushes, shrubbery, equipment,
signs, buildings or rooms, or to tear down or to
deface the same, or to pick any crops, fruit or flow­
ers in any portion of such public park or beach;
(4) To bring into or use any firearms or air or
gas or spring-propelled guns, sling shots, bows and
arrows, except that bows and arrows may be pennit­
ted in such portions of public parks or beaches
which are specifically designated by the city manag­
er for archery or other projectile-throwing devices;
(5) To discharge or set off firecrackers, torpe­
does, rockets or other fireworks except where a
special event pennit has been granted pursuant to
Chapter 8.17;
(~) To stable, pasture or keep animals or insects;
(7) To enter any portion of a public park or
beach in the city, or buildings or portions thereof in
such public parks and beaches which are posted
with signs stating "no entry," "keep out," "no tres­
passing," "closed area" or other prohibition of entry;
(8) To enter any portion of or be in a public park
or beach in the city at a time of the day, or on a day
of the week, when such entry is prohibited by a
clearly legible sign posted at each entrance to such
public park or beach. The city manager is given
authority to post such signs;
(9) To park any automobiles or any other vehi­
cles in any public park or beach in the city, except
in areas specifically designated as parking areas by
the city manager;
( 10) To construct or erect on any portion of a
public park or beach in the city any building, fence
or structure of whatever kind, whether permanent or
temporary in character , or run, or string or install
any public service utility into, upon or across such
(Carlsbad I 0-94)
r3
EXHIBIT 2

11.32.030
lands, except on special written pennit of the city
manager as to temporary items and of the city coun­
cil as to permanent items. Each day such condition
exists shall constitute a new and separate offense;
(11) To ride or lead horses, or to hitch, fasten,
lead, drive or let loose any animal or fowl of any
kind. Dogs are not allowed in Carlsbad's parks or
on Carlsbad's beaches.

Nothwithstanding any other provisions of this
chapter, this section does not apply to the Batiquitos
Lagoon, Buena Vista Lagoon or Agua Hedionda
Lagoon.

This prohibition does not apply to a dog accom­
panying an unsighted person, dogs while assisting
peace officers in law enforcement duties, or to dogs
participating in shows or obedience classes autho­
rized by the Carlsbad community services depart­
ment on specified areas of parks or beaches.
( 12) To cut and remove any wood or to remove
turf, grass, soil, rock, sand, gravel or fertilizer,
(13) To camp or lodge therein except in areas
designated and posted on camping sites by the city
manager,
(14) To play or engage in any sport or sporting
event in any picnic area;
(15) To disturb in any manner any picnic, meet­
ing, service, concert, exercise or exhibition;
(16) To distribute any handbills or circulars, or
to post, place or erect any bills, notice, paper, or
advertising device or matter of any kind;
( 17) To sell or offer for sale or to rent or lease
any merchandise, article or thing, whatsoever, unless
granted a valid permit by the city council;
(18) To practice, carry on, conduct or solicit for
any trade, occupation, business or profession of
whatsoever kind or character without permission of
the city council;
(19) To use or operate any motor-powered vehi­
cles at any time, except as permitted by the city
manager in designated streets or parking areas or as
part of a supervised recreational activity or as autho­ rized by San Diego Gas and Electric Company in
the outer lagoon. This subsection does not apply to
officers, agents or employees of the United States,
the state of California. the city, or public utility

ATTACHMENT E
companies or other local government agencies, when
they are using motor-powered vehicles in the perfor­
mance of their official duty, nor to the use of
motor~powered vehicles in emergencies when it is
necessary to use them for the preservation or protec­
tion of life or property, nor to utility companies
using motor-powered vehicles for the installation,
maintenance, repair or servicing of utility lines,
generation, intake and outfall facilities, cooling
water resources and other related facilities;
(20) No person who is over six years of age shall
enter or use any water closet, restroom, dressing
room or other' facility designated for exclusive use
by persons of the opposite sex in a public park or
beach;
(21) For any person to assemble, collect or gath­
er together in any walk, passageway or pathway set
apart for the travel of persons through any park or
beach or to occupy same so that the free passage or
use thereof by persons passing along the same shall
be obstructed in any manner,
(22) Nothing herein contained shall prevent the
operation of motor vehicles and free right of public
access over, or across any validly dedicated public
street or road in the city;
(23) No person shall allow any dog owned by
him or any dog subject to his control, custody, or
possession, to enter upon any park within the city;
provided, however, that this subsection shall not
apply to dogs participating in shows or obedience
classes authorized by the _ Carlsbad community
services department in specified areas of parks. No
person sha11 aJlow or permit any dog to destroy any
real or personal property or to commit a nuisance on
any park property. It is the duty of persons having
control of a dog to curb such dog while in a park
area.
(24) No person shall play or practice golf or
swing any golf club within any park within the city,
except in such areas and to the extent as may be
authorized by posted signs authorized by the city.
(Ord. NS-286 § 5 {part), 1994; Ord. NS-56 § 3,
1989; Ord. NS-51 § 1, 1989; Ord. 3222 § 2 {part),
1987)
(Carlsbad I 0-!M) 344-2
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DEPT . . Recreation .
/'· .,-...

CITY OF CARLSBAD -- AGENDA B.ILL
TITLE:

REPEAL ORDINANCE ALLOWING DOGS AT

DESIGNATED PARK SITES
RECOMMENDED ACTION :

DEPT.H

CITY AT
CITYMGR~
Introduce Ordinance No. kl 5 .. S:5 7 , which amends Title11 Chapter 11.32.030 Parks and Beaches prohibiting dogs in Carlsbad parks with the exception of any parks or portion of a park ·specifically designated for dog use by the City Council.

ITEM EXPLANATION:

On January 11, 2000, the City Council recommended approval (4-1) to develop a temporary enclosed dog park at the upper area of Larwin Park. Council directed staff to refer the matter to the Planning Department for processing of a Conditional Use Permit (CUP) and environmental review, and to return with amendments to Chapter 11.32.030 (11) and (23) of the Carlsbad Municipal Code to allow dogs within that specific site.

With the need to incorporate the appropriate changes in Chapter 11.32 of the Carlsbad Municipal Code, staff is recommending the following changes to the Ordinance:
• In Section 11.32.030 (11) dogs are not allowed in Carlsbad's parks or on Carlsbad beaches. This prohibition does not apply to a dog accompanying an unsighted person, dogs while assisting peace officers in law enforcement duties, or to dogs participating in shows or obedience classes authorized by the Community Services Department on specific areas of parks or beaches. Staff recommends the inclusion to exclude dog parks or other areas specifically designated for dog use into this section of the ordinance. • The only change to Section 11.32.030 (19) is to delete the name of San Diego Gas and Electric Company and replace it with the "Owners of the outer Lagoon". • Section 11.32.030 (23) is recommended to provide an exception from prohibiting dogs in Carlsbad parks or portion of a park specifically designated for dog use.

FISCAL IMPACT:

There will be no fiscal impact by the revision made to this ordinance .

EXHIBITS:

1. Ordinance No Ii.JS -~ S 7

2. Redline version of amendments
I
\
1 2
-

BEDLINE VERSION OF AMENDMENIS
3 "11.32.030 Unlawful Acts

ATTACHMENT F
(11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal 4 or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches.

Notwithstanding any other provisions of this chapter, this section does not apply 5 to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. 6 This prohibition does not apply to a dog accompanying an unsighted person, dogs while assisting peace officers in law enforcement duties, dog partca or other.,... 7 epeclftcally ~ for dog UN by the City Councit, or to dogs participating in shows or obedience classes authorized by the Carlsbad community services department on 8 specified areas of parks or beaches.
9 10 (19) To use or operate any motor-powered vehicles at any time, except as permitted by the city manager in designated streets or parking areas or as part of a 11 supervised recreational activity or as authorized by SaR Diege Gas and--ele6tRG CompaRy iR the ~ of the outer lagoon. This subsection does not apply to officers, 12 agents or employees of the United States, the state of California, the city, or public utility 13 companies or other local government agencies, when they are using motor-powered vehicles in the performance of their official duty, nor to the use of motor-powered 14 vehicles in emergencies when it is necessary to use them for the preservation or protection of life or property, ·nor to utility companies using motor-powered vehicles for 15 the installation, maintenance, repair or servicing of utility lines, generation, intake and outfall facilities, cooling water resources and other related facilities; 16 17 (23) No person shall allow any dog owned by him or any dog subject to his 18 control, custody, or possession, to enter upon any · park within the city; provided, however, that this subsection shall not apply to dogs participating in shows or 19 obedience classes authorized by the Carlsbad community services department in specified areas of parks, dog partca or other areas epeclfkatf deelgnated for dog use by 20 the City Council. No person shall allow or permit any dog to destroy any real or 21 personal property or to commit a nuisance on any park property. It is the duty of persons having control of a dog to curb such a dog while in a park area. 22 23
24 25
26 27
28 EXHIBIT 2 4
-- ATTACHMENT F
EFFECTIVE DATE: This ordinance shall be effective thirty days after its J.
2 adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to 3 be published at least once in a newspaper of general circulation in the City of Carlsbad 4 within fifteen (15) days after its adoption.
5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 6 City Council on the __ day of. ________ 2000, and thereafter, 7 PASSED AND ADOPTED at a regular meeting of the City Council for the 8 City of Cartsbad on the ------~2000, by the following day of 9 10 vote, to wit:
11 AYES:
12 NOES:
13 ABSENT:
14 APPROVED AS TO FORM AND LEGALITY
15 16 RONALD R. BALL, City Attorney
17 18
19 20 ATTEST
21 22
23 24
25 26
27 28
LORRAINE WOOD, City Clerk
CLAUDE A. LEWIS, Mayor
t -.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- ATTACHMENT G
ORDINANCE NO. NS-557

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING TITLE 11, CHAPTER 11.32,

PARKS AND BEACHES, PROHIBITING DOGS IN CARLSBAD PARKS

WITH THE EXCEPTION OF ANY PARKS OR PORTION OF A PARK

SPECIFICALLY DESIGNATED FOR DOG USE
The City Council of the City of Car1sbad, California, does ordain as follows:

SECTION 1: That section 11.32.030 of the Carlsbad Municipal Code is amended to read as follows:
"11.32.030 Unlawful Acts
(11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on Car1sbad's beaches.

Notwithstanding any other provisions of this chapter, this section does not apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.

This prohibition does not apply to a dog accompanying an unsighted person, or other person who by reason of medical necessity must be accompanied by a dog, dogs while assisting peace officers in law enforcement duties, dog parks or other areas specifically designated for dog use by the City Council, or to dogs participating in shows or obedience classes authorized by the Carlsbad community services department on specified areas of parks or beaches.
(19) To use or operate any motor-powered vehicles at any time, except as permitted by the city manager in designated streets or parking areas or as part of a supervised recreational activity or as authorized by the owners of the outer lagoon.

This subsection does not apply to officers, agents or employees of the United States, the state of California, the City, or public utility companies or other local government agencies, when they are using motor-powered vehicles in the performance of their official duty, nor to the use of motor-powered vehicles in emergencies when it is necessary to use them for the preservation or protection of life or property, nor to utility companies using motor-powered vehicles for the installation, maintenance, repair or servicing of utility lines, generation, intake and outfall facilities, cooling water resources and other related facilities;
(23) No person shall allow any dog owned by him or any dog subject to his control, custody, or possession, to enter upon any park within the city; provided, however, that this subsection shall not apply to dogs participating in shows or obedience classes authorized by the Car1sbad community services department in specified areas of parks, dog parks or other areas specifically designated for dog use by the City Council. No person shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park property. It is the duty of persons having control of a dog to curb such a dog while in a park area". 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- ATTACHMENT G
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15} days after its adoption.

INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 8th day of._A_ug_u_s_t ____ 2000, and thereafter, PASSED AND ADOPTED at a regular meeting of the City Council for the City of Carlsbad on the 16th day .:.Of:........:.A=u=gu=s=t=-------=2=0=0=--0, by the following vote, to wit:

AYES:council Members Lewis, Hall, Nygaard, and Kulchin.

NOES: None.

ABSENT: Council Member Finnila.

APPROVED AS TO FORM AND LEGALITY
Q __ g R, ~
RONALD R. BALL, City Attorney
8-1t-~.

ATTEST
OOD, City Clerk
3