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HomeMy WebLinkAbout03 - Dogs on Beaches-OceanCITY OF NEWPORT BEACH May 28,2002 CITY ATTORNEY'S OFFICE Agenda Item 3 TO : MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DANIEL K. OHL, DEPUTY CITY ATTORNEY RE MODIFICATION TO SECTION 7.04.020 —DOGS ON BEACH/OCEAN BACKGROUND: On March 5, 2002, Phillip and Lynne Butterfield contested two leash violation citations in Harbor Justice Center. Their contention was their dog was dragging his leash on the wet sand and into and out of the water. As a result, he was not on a "beach" as stated in the section 7.04.020 of the municipal code. They also contested that their dog was in the "ocean." Their argument is that the "ocean" is not stated in section 7.04.020. Judge Strople concluded that the Butterfiield's dog was on the part of the beach where the tide ebbs and flows and found the Butterfield's guilty. Judge Strople also stated section 7.04.020 does not specifically mention the "ocean" and there were many gray areas and no precedents. The Butterfields have now filed an appeal to Judge Strople's decision. Therefore, we are proposing modifications to Chapter 7.04 which requires dogs to be restrained by a substantial leash or chain when present upon any beach, street, alley, or public place without written consent of the owner or lessee of such land. The suggested modifications includes a park, the ocean or bay waters within the City limits or any other public place. The dog must also be restrained by a substantial leash or chain not exceeding six feet in length and physically restrained by a person. RECOMMENDATION: Approve first reading and pass to a second reading at the City's next regularly scheduled meeting. 04 Daniel K. Ohl da F:\ users\ caflshared \da\CCmemo \Doglnocean.doc ORDINANCE NO. 2002m AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04.020, OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO DOGS IN THE BEACH The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 7.04.020 of Chapter 7.04 is amended to read as follows: Section 7.04.020 Leash Required. No person having the care, charge or control of any dog shall cause or allow, either willfully or throuah failure to exercise due care or control, such dog to be present upon property or premises other than his or lessee of such land unless such dog i s chain not exceeding six feet in length person competent to restrain such dog. dogs on leashes in the areas from whic h 7.04.025, 7.04.030, and 7.04.050. imited to, any beach, street, alley, park or the s or any other public place, or upon any private her own without written consent of the owner or securely restrained by a substantial leash or and physically restrained and controlled by a This section shall not be construed as allowing dogs are prohibited as designated by Sections SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2002, and adopted on the day of 2002, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F: \users\cat\shared \da \Ordinance \DoglnOcean.doc