BACKGROUND:
Ordinance 11.44 Parks and Recreation Areas of the Cathedral City Municipal Code (CCMC) was originally adopted in 1989 and clearly states that no dogs are allowed in any public parks or recreational areas unless the dog is a guide dog leading a blind person, the dog is in a training class or dog show, or an event was permitted to allow dogs at the discretion of the City Manager.
In August 2020, residents communicated with the Parks and Community Events Commission (PACE) their challenges in adhering to current park regulations which ban all dogs from City Parks.
Currently, City Staff reference Municipal Code 11.44.100 Dogs in Parks and Recreation Areas as the standard for the City Parks as follows:
11.44.100 Dogs in parks and recreation areas
No person owning, or having the control or care of, any dog shall bring such dog (except a guide dog leading a blind person) into or upon a public park or recreation area; nor shall any such person otherwise suffer or permit any such dog to enter or remain in a public park or recreation area. This section shall not, however, apply to any person participating in a dog training class or dog show or other activity necessarily involving the attendance of the dog or dogs, being conducted under the sponsorship of, or pursuant to expressed permission of the city manager or the city department of parks and leisure services. (Ord. 270 § 2, 1989)” Further, the relevant excerpt from Municipal Code 11.44.060 Prohibited Conduct Generally cites:
11.44.060 Prohibited Conduct Generally
Within the limits of any public park or recreation area of the city, no person shall:
A. Hitch, fasten, lead, drive or let loose any animal or fowl of any kind; provided, that this shall not apply to a dog when led by a cord or chain, not more than six feet long; … The Municipal Code 11.44.060 provides ambiguity to what the intent of the current Municipal Code cites.
PACE has continued discussing amending the current CCMC to allow dogs in City parks on a leash at its November 2020, January 2021, February 2021, and November 2021 meetings. City Council discussed the same at the January 27, 2021 meeting. At those meetings, the CCMC was presented in its current form with recommended changes to allow dogs in the parks on a leash.
In addition to the above, the City does not have specific Ordinances as it relates to Dogs in City Dog Parks, which are designated off-leash areas and now more relevant with the impending construction of the Panorama Dog Park.
Staff and the City Attorney reviewed the specific aspects related to amending the existing Ordinances allowing Dogs in Parks, as well as an Ordinance for Dogs in City Dog Parks (designated off-leash areas).
The regulations to be included in an amended Ordinance for “Dogs in Parks” and “Dogs in City Dog Parks” were presented to PACE on November 22, 2021, and the City Council at the Study Session on November 30, 2021. City Council reviewed the proposed changes and concurred with City Staff and PACE recommendations, including the recommendation that dogs not be allowed at the Cathedral City Community Amphitheater Park, unless otherwise authorized by The City. The resulting ordinance was introduced and received first reading on December 8, 2021.
DISCUSSION:
To complete the Amendment to allow dogs in the City Parks and dogs within City Dog Parks, CCMC Title 10 Animals and specifically Chapter 10.01 Local Amendments and Title 11 Peace, Morals and Safety and specifically Chapter 11.44 Parks and Recreation Areas required review. After review by Staff and the City Attorney, it was determined that CCMC Title 10 Animals did not require any amendments.
Review of CCMC Title 11 Peace, Morals and Safety, specifically Chapter 11.44 Parks and Recreation Areas, requires two (2) amendments, and three (3) sections need to be added to allow dogs in the City Parks and dogs within City Dog Parks. These Sections are as follows:
To be Amended:
•Section 11.44.060 Prohibited Conduct Generally
•Section 11.44.100 Definitions
To be Added:
•Section 11.44.110 Dogs in Parks and Recreation Areas
•Section 11.44.120 Dogs in City Dog Parks
•Section 11.44.130 Violations
The Amendment to Section 11.44.060 Prohibited Conduct Generally removes the prohibition of dogs in parks, as long as the Dog Owner complies with Chapter 11.44.
The Amendments to Section 11.44.100 define the term “Dog Owner” and “City Dog Parks” as follows:
•“City Dog Park” means any public park or recreation area designated by City signage as a dog park that allows Dog Owners to let their dogs off-leash, given they are in compliance with this Chapter.
•“Dog Owner” means any person owning, or having the control, custody, or care of, any dog.
The Addition of Section 11.44.110 Dogs in Parks and Recreation Areas states:
•No Dog Owner shall bring a dog into or upon a public park or recreation area, excluding City Dog Parks; nor shall any such person otherwise suffer or permit any such dog to enter or remain in a public park or recreation area, excluding City Dog Parks, unless such dog is led by a cord or chain not more than six feet long or one or both of the following exceptions applies:
oDog has been specially trained and certified by an accredited service dog organization and is being used by blind and/or disabled persons to aid and guide the blind and/or otherwise disabled person(s) in their movements; or oThe dog’s presence in the public park or recreation area is authorized in writing by the City Manager or designee, such as in the context of a dog training class or dog show.
•Dog owners shall clean up any feces of their dog immediately and dispose of it in a sanitary manner whenever their dog has defecated.
•Notwithstanding any other provision herein, no dog that is sick, in heat, or injured, or which displays aggressive behavior toward other dogs or humans is permitted in any public park or recreation area.
•Notwithstanding any other provision herein, no dogs shall be permitted on the grounds of the Cathedral City Community Amphitheater unless authorized by the City Manager or designee.
•The City Council shall have the authority to amend this section by resolution.
The Addition of Section 11.44.120 Dogs in City Dog Parks outlines the guidelines for bringing dogs into City Dog Parks as stated below:
All users of City Dog Parks shall comply with the following:
•All dogs must be spayed or neutered, or provide a certificate of sterility from a California licensed veterinarian with the following exceptions:
oDogs with high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. Dog Owners must obtain written confirmation from a California licensed veterinarian. oAnimals recognized and registered with the American Kennel Club (AKC), United Kennel Club (UKC), or other national registries. oDogs used by law enforcement or the military for law enforcement, military, or rescue activities.
oDogs that have been specially trained and certified by an accredited service dog organization and are being used by blind and/or otherwise disabled persons to aid and guide the blind and/or otherwise disabled person(s) in their movements.
•Dogs must be at least four months of age, vaccinated for rabies, and currently licensed by the County’s animal control authority.
•No dog that is sick, in heat, or injured, or which displays aggressive behavior toward other dogs or humans is permitted.
•Dogs must be at all times in the care, custody and control of a Dog Owner who is 13 years or older. Any Dog Owner under 13 years of age must be accompanied by and be under the direct supervision of an adult 18 years or older. •No more than two dogs per Dog Owner shall be permitted at any one time. •All dogs must be kept within 50 feet of their Dog Owner and be under the voice control of their Dog Owner at all times if not on leash. •Dog Owners shall clean up any feces of their dog immediately and dispose of it in a sanitary manner whenever their dog has defecated. •Dog Owners must prevent their dogs from digging. Any holes created must be returned to their previous undisturbed state by the Dog Owner. •No food or treats of any kind shall be permitted.
•The City Council shall have the authority to amend this section by resolution.
CLARIFYING EDITS (since First Reading): The Addition of Section 11.44.130 Violations will define the terms of violating any codes under this chapter. The offenses for violations in this chapter are redundant with the offenses outlined in Section
1.04.060 Civil Fines, as well as other sections of the Municipal Code. Since the First Reading, the City Attorney’s office has made a few minor clarifying edits to Section
11.44.130 Violations of the ordinance amendment. These edits replace the references to the word “conviction” in Section 11.44.130 with the word “violation”. These edits are intended merely to clarify that a violation of the ordinance would be considered an administrative violation and not a criminal offense. The edits do not constitute a substantive change to the ordinance amendment. The attachment “Cathedral City – Altered After Introduction REDLINE” shows the changes to Section 11.44.130 only. The Amendments specific to each section are summarized in “Chapter 11.44 Ordinance Amendment “Redline”” attached to this Staff Report.
Staff is requesting that the City Council approve the Amendments to the respective Ordinances within Municipal Code 11.44 Parks and Recreation Areas and introduce and provide Second Reading by title only; and waive further reading of an Ordinance Amending Municipal Code 11.44 to revise sections relating to Dogs in Public Parks and Recreation Areas, as well as Dogs in City Dog Parks.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
Commented [KF1]: Per CM Ross, with the
agility course being added to the dog park, do we
still plan to not allow treats? Treats are used for
training. Just wanted to remind everyone of the
comments received on this.