HomeMy WebLinkAbout618 - Ordinances ORDINANCE NO. 618
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 ofsubsection 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, shah
not apply to the following:
Page 2
1. 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 a leash-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 a leash-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 any one
time. All dogs must be under the
voice control of their caretakers at all
times. Dogs are permitted in a leash-
optional area between dawn and dusk
only.
(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.
Ordinance No. 618
Page 3
(c) Any person having cam, custody or
control of a dog in a leash-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 am
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.
(e) The use of a leash-optional area shall
constitute an agreement by any such
dog owner or person having the cam,
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 B, 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 I of th is 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.
Ordinance No. 618
Page 4
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.
PASSED, APPROVED, AND ADOPTED this 5th day January 2000.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William ~'xande"'?, May~r
ATTEST:
Ordinance No. 618
Page 5
I, DEBRA J. ADAMS, 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 17th day of November, 1999, and was passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 5th day of January 2000.
Executed this 6th day of January 2000, at Rancho Cucamonga, California.
D~ebra J. Ada~,~'~C, City Clerk