HomeMy WebLinkAboutOrd 853 ORDINANCE NO. 853
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL
CITY, CALIFORNIA, AMENDING SECTIONS 11.44.060
[PROHIBITED CONDUCT GENERALLY] AND 11.44.100
[DOGS IN PARKS AND RECREATION AREAS], AND ADDING
SECTIONS 11.44.110 [DOGS IN PARKS AND RECREATION
AREAS], 11.44.120 [DOGS IN CITY DOG PARKS] AND
11.44.130 [VIOLATIONS] TO CHAPTER 11.44 [PARKS AND
RECREATION AREAS] OF TITLE 11 [PEACE, MORALS, AND
SAFETY] OF THE CITY OF CATHEDRAL CITY MUNICIPAL
CODE
WHEREAS, the City Council of the City of Cathedral City understands and
recognizes the benefits of dog ownership and companionship in and on local parks and
recreation areas, including city dog parks; and
WHEREAS, the City Council desires and deems it to be in the public's best interest
to establish regulations that ensure the presence of dogs in and on local parks and
recreation areas, including city dog parks, is conducted in a safe, healthy and responsible.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY ORDAINS AS FOLLOWS:
SECTION 1. AMENDMENT OF MUNICIPAL CODE
Sections 11.44.060 and 11.44.100 of Chapter 11.44 of Title 11 of the Cathedral
City Municipal Code are hereby amended, and Sections 11.44.110, 11.44.120 and
11.44.130 are hereby added to Chapter 11.44 of Title 11 of the Cathedral City Municipal
Code, all to read as shown on Exhibit "A", attached hereto and incorporated herein by this
reference.
SECTION 2. 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 or words of this Ordinance as hereby
adopted shall remain in full force and effect.
SECTION 3. CEQA
This Ordinance is exempt from the requirements of the California Environmental
Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has
no potential to result in a direct or reasonably foreseeable indirect physical change to the
environment because it is merely the formation of an organization. (14 Cal. Code Regs.
§ 15378(a).)
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SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days from and after its final
passage.
SECTION 5. PUBLICATION
The City Clerk is authorized and directed to cause this Ordinance to be published
within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to
cause this Ordinance to be published in the manner required by law using the alternative
summary and posting procedure authorized under Government Code Section 39633(c).
SECTION 6. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published according to law.
INTRODUCED at the regular meeting of Cathedral City City Council on the 8th day
of December, 2021 and adopted at a meeting of the City Council held on the 12th day of
January, 2022, by the following vote:
Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tern
Lamb and Mayor Gutierrez
Noes: None
Abstain: None
Absent: None
Ernesto Gutierrez, Mayor
ATTEST:
Tracey RA/larti�City Cler
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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EXHIBIT "A"
TITLE 11 — PEACE, MORALS, AND SAFETY
Chapter 11.44 PARKS AND RECREATION AREAS
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 in compliance with Sections 11.44.100 or 11.44.110
herein, or a cat when led by a cord or chain, not more than six feet long;
B. Ride or drive any horse or other animal, or propel any vehicle, cycle or automobile,
except at a place especially designated and provided for such purpose;
C. Carry or discharge any firearm, airgun, slingshot or other device designed or
intended to discharge, or capable of discharging any dangerous missile; provided,
that this subsection shall not apply to any peace officer or other person lawfully
licensed to carry a concealed weapon or who regularly carries a weapon in
connection with private employment protecting property or persons (e.g., private
patrol services and bodyguards);
D. Carry or discharge any firecracker, rocket, torpedo or any other fireworks;
provided, that this subsection shall not be deemed to prohibit the possession or
use of safe and sane fireworks not otherwise prohibited by law, at places
designated or provided for such purpose;
E. Cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage,
pen, monument, fence, bench or other structure, apparatus or property; or pluck,
pull up, cut, take or remove any shrub, bush, plant or flower, or mark or write upon,
paint or deface in any manner, any building, monument, fence, bench or other
structure;
F. Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer;
G. Swim, bathe, wade in, or pollute the water of any fountain, pond, lake or stream,
except at a place especially designated and provided for such purpose;
H. Make or kindle a fire except in a picnic stove, brazier, fire pit, or other appropriate
device provided or approved for that purpose by the public authorities;
Camp or lodge therein at any time, or otherwise remain overnight, whether or not
in a structure permanently affixed to the ground, except at a place especially
designated and provided for such purpose;
J. Cook, prepare, serve or eat any meal, barbecue or picnic except at the places
provided therefor;
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K. Wash dishes or empty salt water or other waste liquids elsewhere than in facilities
provided for such purposes;
L. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles
provided therefor;
M. Play or engage in model airplane flying, driving of golf balls, archery,erY, baseball,
softball, football, soccer, volleyball or any similar games of a hazardous nature
except at such places as are especially set apart for such purposes;
N. Play or bet at or against any game which is played, conducted, dealt or carried on
with cards, dice, or other device, for money, chips, shells, credit or any other
representative of value, or maintain or exhibit any gambling table or other
instrument of gambling or gaming;
0. Indulge in riotous, offensive, threatening, or indecent conduct, or abusive,
threatening, profane, or indecent language;
P. Disturb in any unreasonable manner any picnic, meeting, service, concert,
exercise or exhibition;
Q. Distribute any commercial handbill (as defined in Section 5.20.020) without a prior
permit so to do from the city manager, which permit shall be issued only after due
processing of an application pursuant to Chapter 5.20, and then only if the city
manager determines that it would be affirmatively in the public interest to allow
upon public property the commercial activity involved;
R. Post, place, erect, or leave posted, placed or erected, any commercial or
noncommercial bill, handbill, circular, notice, paper, or advertising device or matter
of any kind, in or upon any building, structure, pole, wire, or other architectural or
natural feature of whatever character, except upon a bulletin board or such place
especially designated and provided for such purposes, unless prior approval so to
do has been obtained from the city manager, which approval shall be given only if
the city manager determines that it would be affirmatively in the public interest to
allow the use of public property for such purposes, or that constitutional principles
require that it be allowed;
S. Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry
on, conduct, or solicit for, any trade, occupation, business or profession, unless
the activity has been expressly allowed pursuant to specific provisions to such
effect contained in either: a permit issued pursuant to Section 11.44.040; a permit
issued pursuant to Chapter 5.36; a permit issued pursuant to Chapter 5.48; a
concession agreement or franchise or the like duly entered into or granted by the
city council;
T. Remain, stay or loiter therein between the hours of ten p.m. and dawn of the
following day, except while attending a gathering or meeting for which a permit has
been issued or which is being sponsored or conducted by the city. This subsection
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shall not apply to persons lawfully lodging, camping or otherwise remaining
overnight at a place especially designated and provided for such purposes;
U. Use any restroom, washroom or dressing facility designated for the opposite sex,
except that this subsection shall not apply to children six years of age or younger
who are accompanied by an adult or other older person;
V. Row, sail or operate any boat, craft or other device, on or in any pond, lake, stream
or water except at such place as is especially designated and provided for use of
such boat, craft, or device;
W. Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or
destroy, remove or disturb any of the young or eggs of the same, or injure or
maltreat any domestic or other animal;
X. Fish with hook and line, seine, trap, spear, or net, or by any other means, in any
pond, lake, stream or water, except at a place especially designated and provided
for such purpose.
11.44.100 Definitions.
For the purposes of this section, the following terms shall have the following meanings:
A. "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, provided
they are in compliance with this Chapter.
B. "Dog Owner" means any person owning, or having the control, custody, or care of,
any dog.
11.44.110 Dogs in Parks and Recreation Areas.
A. 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:
1. The dog 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
2. The 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.
B. Dog Owners shall clean up any feces of their dog immediately and dispose
of it in a sanitary manner whenever their dog has defecated.
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C. 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.
D. 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.
E. The CityCouncil shall have the authorityto amend this section
by
resolution.
11.44.120 Dogs in City Dog Parks.
All users of City Dog Parks shall comply with the following:
A. All dogs must be spayed or neutered, or provide a certificate of sterility from
a California licensed veterinarian with the following exceptions:
1. Dogs 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.
2. Animals recognized and registered with the American Kennel Club
(AKC), United Kennel Club (UKC), or other national registries.
3. Dogs used by law enforcement or the military for law enforcement,
military, or rescue activities.
4. Dogs 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.
B. Dogs must be at least four months of age, vaccinated for rabies, and
currently licensed by the County's animal control authority.
C. No dog that is sick, in heat, or injured, or which displays aggressive behavior
toward other dogs or humans is permitted.
D. 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.
E. No more than two dogs per Dog Owner shall be permitted at any one time.
F. 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.
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G. Dog Owners shall clean up any feces of their dog immediately and dispose
of it in a sanitary manner whenever their dog has defecated.
H. 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.
J. The City Council shall have the authority to amend this section by
resolution.
11.44.130 Violations.
Any person violating this Chapter shall, for each separate violation, be subject to:
(a) a fine in an amount not to exceed two hundred fifty dollars for a first violation;
(b) a fine in an amount not to exceed five hundred dollars for a second violation
within a twelve-month period from the date of the first violation; and (c) a fine in an
amount not to exceed seven hundred fifty dollars for the third violation within a
twelve-month period from the date of the first violation. The fine for a fourth and
any subsequent violations within a twelve-month period from the date of the first
violation shall be one thousand dollars.
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