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HomeMy WebLinkAbout837 - OrdinancesORDINANCE NO. 837 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR THE ESTABLISHMENT OF LEASH-OPTIONAL AREAS IN PUBLIC PARKS AND ADOPTING REGULATIONS APPLICABLE THERETO. A. RECITALS. (i) The City Council has heretofore determined that the establishment of designated leash-optional areas for dogs within public parks will more fully serve the recreational needs of City residents owning dogs. (ii) The City Council has further determined that the establishment of leash- optional areas will provide a substantial benefit in the form of exercise and social interaction for dogs and their owners. (iii) The City Council has heretofore studied the most appropriate means by which to establish leash-optional areas within the City. In conjunction with one or more groups of local residents, the City Council has developed suitable parameters governing the establishment, operation and maintenance of leash-optional areas and one or more of said groups have indicated willingness to provide necessary funding therefor. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby ordains and finds as follows: SECTION 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. SECTION 2. Section 12.04.020 of Chapter 12.04 of Title 12 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: 12.04.020 Exemptions. A. The provisions of subsection A.1 of Section 12.04.010 of this chapter, requiring all dogs to be on-leash while in public parks within the City, and any similar requirement contained in the City's animal control regulations, shall not apply to the following: Any dog used by a law enforcement agency. 2. Any dog while participating in a formal dog obedience training program, or any dog participating in a dog show or other program expressly permitted or sponsored by the City. 3. Any dog within a posted leash-optional area of any City- owned park, as established by resolution of the City Council provided, however, that nothing herein shall relieve the owner or person having charge, custody, care and/or control of such dog from the responsibility to maintain proper control over the dog. Furthermore, nothing herein shall be construed as relieving such person from any liability for any damages arising out of his or her use of aleash-optional area. In order to be subject to the exemption set forth in this Subsection 3, all persons must comply with all requirements of law and the following rules and regulations when utilizing any leash- optional area: (a) No dog is permitted in aleash-optional area except when in the care, custody and control of a person at least thirteen (13) years old. Any person under thirteen (13) years of age must be accompanied by and be under the direct supervision of an adult. No person may have more than two dogs in a leash- optional area at anyone time. All dogs must be under the voice control of their caretakers at all times. Dogs are permitted in a leash optional area between the following days and hours only: Monday - Friday (Year Round) 7:00 a.m. to 8:30 p.m. Saturday (FaIllWinter') 8:00 a.m. to 5:00 p.m. Saturday (Spring/Summer') 8:00 a.m. to 7:00 p.m. Sunday (Year Round) 8:00 a.m. to 5:00 p.m. * The FaIllWinter season begins the 151 Sunday in November, and the Spring/Summer season begins the first Sunday in March each year. (b) All dogs must be at least, four months of age, vaccinated for rabies, and currently licensed by the City's animal control authority. No dog that is sick, in heat, injured, under four (4) months of age, or which displays aggressive behavior toward other dogs or humans is permitted in any leash optional area. Food or treats for dogs may not be brought into any leash optional area. , (c) Any person having care, custody or control of a dog in aleash-optional area shall quiet or remove the dog if it barks and shall promptly remove and properly dispose of any waste deposited by such dog. (d) No animals other than dogs are permitted in any leash-optional area. Dog obedience classes may not be conducted in a leash-optional area without a permit having first been obtained from the Community Services Department. Ordinance No. 837 -Page 2 of 4 (e) The use of aleash-optional area shall constitute an agreement by any such dog owner or person having the care, custody or control of the dog, to strictly follow the rules in this Section 12.04.020A.3 and to assume all risks and to indemnify, defend and hold harmless the City, including its elected officials, officers and employees, with respect to any liabilities, claims, injuries or other damage to persons or property arising out of or connected with such person's use of the leash optional area. B. The provisions of Subsections C, F and G of Section 12.04.010 shall not apply to City employees who are engaged in the performance of their duties. SECTION 3. Section 12.04.050 of Chapter 12.04 of Title 12 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: 12.04.050. Violation-•Penalty. A. Any person engaging in any activity declared unlawful by subsections S, J and/or N of Section 12.04.010 is guilty of a misdemeanor and shall be punished as set forth in Section 1.12.020 of Chapter 1.12 of Title 1 of this Code. B. Any person violating any other provision of this Chapter 12.04 including, but not limited to, violation of any rules applicable to use of leash-optional areas, shall be guilty of an infraction, punishable as set forth in Section 1.12.030 of Chapter 1.12 of Title 1 of this Code. SECTION 4. Civil Remedies Available. The violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. SECTION 5. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Plooao aao tha /allpwlny page for lonnal adoptlon, caNOCaUOn anC a/gnaturea Ordinance No. 837 -Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 19`" day of January 2010. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None f~/ L. Dennis Michael, Mayo ATTEST: Ganice C. Reynolds, Cit Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 15`" day of December 2010, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 19`h day of January 2011. Executed this 20`h day of January 2011, at Rancho Cucamonga, California. J~riice C. Reynolds, City eC~rk Ordinance No. 837 -Page 4 of 4