HomeMy WebLinkAbout2009-10-13 CC Item No. 15 Urgency Ordinance Amending & Restating LEMC Section 8.40.040 Subpart C Dogs On Leash In City Parks CITY OF ice.
LAKE 5LSINORE
K
DREAM EXTREME..
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: OCTOBER 13, 2009
SUBJECT: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING
SECTION 8.40.040, SUBPART C OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING DOGS ON LEASH IN CITY PARKS
Background
At the City Council's September 22, 2009 meeting, the City Council considered a
petition requesting a dog park/designated off leash area be established at McVicker
Park. The proposal was to designate the fenced area of the lower baseball field for use
as a dog park during the hours of 6:30 a.m. to 10:30 a.m. Monday through Friday.
The proposal was approved on a 3 month trial basis by a 3 -2 vote of the City Council.
The Council majority modified the requested off -leash hours from 6:30 a.m. — 10:30
a.m. to dawn - 10:30 a.m.
Discussion
Lake Elsinore Municipal Code 8.40.040 currently requires that dog owners keep their
dogs on leash in City parks. Accordingly, in order to authorize any dog park or other
designated off leash park area, the Municipal Code should be amended.
The City Council is requested to consider the following amendment to Section 8.40.040,
subpart C of the Municipal Code (the revision is underlined):
Dogs are permitted in City parks when on a leash except in specially
designated "off leash" areas at such times and in accordance with such
rules and regulations as may be posted from time to time. Owners are
responsible for cleaning up and removing all dropping left by their animals.
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This matter has been brought before the City Council as an urgency ordinance in order
to immediately implement the Council's prior direction and officially commence the
3 -month trial period. Approval of the proposed amendment as an urgency measure that
will take effect immediately requires four affirmative votes by the City Council. Adoption
of a regular ordinance requires an affirmative vote of a majority of the City Council at
first reading (introduction) and second reading (adoption). Such ordinances become
effective 30 days after adoption.
Fiscal Impact
There is no fiscal impact from this amendment.
Recommendation
Approve by a four -fifths vote the attached Ordinance No. amending and
restating Section 8.40.040, subpart C of the Lake Elsinore Municipal Code regarding
dogs on leash in city parks.
Prepared by: Barbara Zeid Leibold
City Attorney
Approved by: Robert A. Brady
City Manager V
Attachment: Ordinance
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URGENCY ORDINANCE NO.
URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING AND RESTATING SECTION 8.40.040,
SUBPART C OF THE LAKE ELSINORE MUNICIPAL
CODE REGARDING DOGS ON LEASH IN CITY
PARKS
WHEREAS, the City Council recognizes the substantial benefit to the
community of providing diversified recreational usage of the City's parks; and
WHEREAS, the City Council is concerned that the community lacks
safe and secure areas in which pet owners may allow their dogs to run and play
off - leash; and
WHEREAS, the City's current health and safety code provisions do not
allow for dogs to be off leash within the City's parks; and
WHEREAS, the City has learned that certain park areas are being
routinely used by the community members as unofficial "dog parks" and there is a
current and immediate threat to the public health, safety, or welfare from such
unregulated use which necessitates an Urgency Ordinance; and
WHEREAS, the City Council finds that an amendment allowing dogs
off-leash in a designated, controlled and regulated area will serve the community's
public health, safety, and welfare; and
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ORDAINS AS FOLLOWS:
SECTION 1. That 8.40.040, Subpart C, of the Lake Elsinore Municipal Code
is hereby amended and restated in its entirety as follows:
C. Dogs are permitted in City parks when on a leash except in specially
designated "off- leash" areas at such times and in accordance with such rules and
regulations as may be posted from time to time." Owners are responsible for
cleaning up and removing all dropping left by their animals.
SECTION 2. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the other provisions of this Urgency Ordinance
and are hereby declared to be severable.
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SECTION 3. This Ordinance shall take effect immediately. The City Clerk
shall certify as to adoption of this Ordinance and cause this Ordinance to be
published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of Lake Elsinore, California, on this day of
2009.
ROBERT MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
DEBORA THOMSEN
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, DEBORA THOMSEN, City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing Urgency Ordinance No. was introduced
and passed at a regular meeting of the City Council of the City of Lake Elsinore on
the day of 2009, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
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