HomeMy WebLinkAboutAGENDA REPORT 2012 0404 CC REG ITEM 09B ITEM 9.13.
City Councii Meeting
o
MOORPARK CITY COUNCILACTior:.pN�Ild.n�• - -��
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Manager
PREPARED BY: Stephanie Shaw, Recreation Superintendent
DATE: March 21, 2012 (CC Meeting of April 4, 2012)
SUBJECT: Consider Ordinance Amending Section 12.16.040,
Animal Control, of Chapter 12.16, Parks and Open
Space, of the Moorpark Municipal Code, to Provide
Authority to Ban Animals from City-Sponsored Events
when there is a Health and Safety Risk.
DISCUSSION
The City of Moorpark sponsors several community events in City parks each
year. The largest of these events is the 3rd of July Fireworks Extravaganza. Due
to the size of the crowd (10,000+ for the past several years) and nature of the
activities of the event, the presence of dogs or other pets presents a potential
health and safety risk. Accordingly, signs have been posted at the event
entrances in prior years prohibiting dogs at the event.
Over the last few years, pet owners have become more persistent in attempting
to bring their animals to the Fireworks Extravaganza. Law enforcement officials
have expressed concerns that they are unable to adequately enforce the
prohibition on animals at the event because there is no specific language in the
Moorpark Municipal Code (MMC) regarding this issue.
To enable enforcement of a ban on animals at events at City parks when there is
a potential health and safety risk, staff recommends adding language to
12.16.040, Animal Control, of Chapter 12.16, Parks and Open Space (see
attached draft ordinance). This language would authorize the city manager or
his/her designee to ban animals at City events in parks or open space, when it is
determined that the presence of animals would create an undue health or safety
risk. This ban would not apply to service animals for the disabled, animals
contracted by the City (such as pony rides), or animals used by public officials in
2
Honorable City Council
April 2, 2012
Page 2
the performance of their duties. The language also requires that signs be posted
at any event for which animals have been banned. The City Attorney has
reviewed and approved the attached draft ordinance.
FISCAL IMPACT
No fiscal impact.
STAFF RECOMMENDATION
Introduce Ordinance No. for first reading, waive full reading, and schedule
second reading and adoption for April 18, 2012.
Attachment: Draft Ordinance
S:\Community Services\ADMINISTRATIVE\CC Reports\2012\Ord revising 12-16-040 Animal Control- 3
revised.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 12.16.040, ANIMAL
CONTROL, OF CHAPTER 12.16, PARKS AND OPEN SPACE,
OF TITLE 12, STREETS, SIDEWALKS AND PUBLIC PLACES
OF THE MOORPARK MUNICIPAL CODE
WHEREAS, Section 12.16.040, Animal Control, of Chapter 12.16, Parks and
Open Space, of the Moorpark Municipal Code includes requirements for restraining
animals on a chain or leash in parks and open space, and also includes requirements
for cleaning up debris, litter or contaminants caused by such animals; and
WHEREAS, language is proposed to be added to Section 12.16.040 to authorize
the city manager or designated representative to ban animals from being brought into
the location of a city-sponsored event held in any city park or open space, when it has
been determined the presence of animals would create a risk to the health or safety of
the persons attending such events; and
WHEREAS, at the regular meeting of April 4, 2012, the City Council considered a
proposed ordinance to amend Section 12.16.040 of the Moorpark Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. That Moorpark Municipal Code Section 12.16.040, Animal Control,
of Chapter 12.16, Parks and Open Space, is hereby replaced in its entirety to read:
"12.16.040 Animal control.
A. No person owning or having charge, care, custody or control of
any dog, livestock, or other animal shall cause, permit or allow the same
to be loose or run at, large upon any park or open space unless such
animal is restrained by a substantial chain or leash not exceeding six (6)
feet in length and is in the charge, care, custody, or control of a competent
person, and except as authorized by Section 12.16.200 of this chapter.
Additionally, any person owning or having charge, care, custody, or
control of any dog, livestock or other animal shall be responsible for
debris, litter or contaminants caused by such animal and any neglect of
such responsibility shall be construed as littering, as defined in Section
12.16.050 of this chapter.
B. For city-sponsored events held upon any city park or open space,
the city manager or designated representative shall have the authority to
ban any dog, livestock, or other animal from being brought into the event
area when it is determined that the presence of animals would create an
undue risk to the health or safety of persons attending the event.
Whenever animals have been banned from a city event, no person owning
4
Ordinance No.
Page 2
or having charge, care, custody or control of any animal may cause,
permit, or allow the animal to be brought into the designated event area.
This section does not apply to guide or service animals for the disabled,
animals approved by the city as a contracted service for the event, or
animals being used by a public officer in the performance of official duties.
The prohibition set forth in this section to ban any dog, livestock, or other
animal from city-sponsored event areas, as approved by the city manager
or designated representative, shall not apply until signs have been placed
in and about the event area, including at public entrances, where the
activity is to be prohibited. The city manager or designated representative
is authorized to place and maintain such signs consistent with the
authority provided by Section 12.16.030 of this chapter."
SECTION 2. If any section, subsection, sentence, clause, phrase, part of portion
of this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion
thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, parts, or portions be declared invalid or unconstitutional.
SECTION 3. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance, shall enter the same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this day of , 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
5