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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).) 1 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 2 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; 3 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 4 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. 5 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. 6 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. 7