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Home My WebLink AboutSS3 - Animals Prohibited on Public BeachesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT February 28, 2006 -#-.S S 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jim Kaminsky, Lieutenant, Traffic Services Division SUBJECT: Animals Prohibited on Public Beaches BACKGROUND: Prior to 1989 the City of Newport Beach Municipal code section (7.04.030) prohibited animals on public beaches during the summer months (roughly June through September) during the hours of 9:00 a.m. to 5:00 p.m. In 1989 the ordinance was revised to prohibit animals on public beaches every day of the year between the hours of 9:00 a.m. to 5:00 p.m. Sufficient confusion on the public's part as to when animals were allowed and not allowed on the beaches prompted staff and the sifting council to revise the ordinance. DISCUSSION: In reviewing this issue for Council study it was insightful to interview City Police Animal Control Officers, some of them in their positions since 1977. All concur that the reason this ordinance was revised was due to the many citizens they had contacted on the beach in violation of this ordinance. They stated that most citizens found to be in violation had a misunderstanding about the ordinance that centered around the months that animals were and were not allowed on public beaches. Staff and City Council sought to clarify the ordinance by simplifying it to read, in essence, "No animals allowed on public beaches any day of the year between the hours of 9:00 a.m. to 5:00 p. m" (emphasis added). The ordinance was revised to reflect this clarification and has stood ever since. Prior to the revision of the ordinance the Police Department Animal Control Officers and regular Officers as well experienced problems with this law during the winter months when the weather, on occasion, would turn uncharacteristically warm for that time of year. Public beach populations would swell and as the ordinance allowed animals on the beach during the day in the winter, conflicts between the animals and beachgoers would arise. Fights between animals also occurred. ID R£:li:j rJ Beachgoer complaints of animal urination and defecation were common and more hours had to be spent by officers in patrol of the beaches during winter time warmer weather. One would be correct in assuming that our winter climate is not often uncharacteristically warm, but there are more than a few weeks each winter in which this area is under the affect of a Santa Ana condition or another weather system that pushes our temperatures into the 80's on a winter day. This occurred just two weeks ago and, as expected, our beach and visitor population increased well above what it usually is on a normal winter day. If the previous ordinance had still been in existence, animals would have been allowed on the beaches during daytime hours and the issues cited above may have played out once again. A review a the Police Department's Animal Control enforcement activities for the year 2005 revealed that animal beach violations account for 46.2% of all animal control citations for that year.' Specifically, violations addressing animals off leash and on the beach account for 23.3% of cite activity, while animals on beach during prohibited hours made up for 19.9% of all citations by this unit. These statistics are important due to the fact that they occurred under the City's post 1989 ordinance which is more restrictive in nature. To provide City Staff and Council with comparison data, several Orange County coastal communities were contacted to ascertain how their ordinances treat this issue. A synopsis of that data follows. Cities prohibiting animals on public beaches year round: Dana Point San Clemente Seal Beach Huntington Beach Cities allowing dogs on beaches year round under certain conditions: Laguna Beach — Animals not allowed on beaches between the hours of 8:00 a.m. and 6:00 p.m. from June 151 to September 16th. Animals must Violations include ordinances as they relate to animals on public beaches. 2 Animals currently run free on a portion of Huntington City Beach, but there is no statutory exception to the leash ordinance that allows this. be leashed at all times. Animals not allowed in play equipment areas on beaches at any time. Throughout the years certain environmental concerns have surfaced over this issue not the least of which relates to the amount of animal waste that is deposited upon and into the sand of public beaches. A portion of this waste can be monitored in the form of pet owners picking up after their pets. However, as one can imagine, any liquid waste is unrecoverable and resides in the sand until diluted by the environment. One other environmental concern is that of the Snowy Plover bird that has as its habitat salt water sand environments and the effects animal intrusion might have on that species' habits. As our ordinance is concerned, however, the habits of this bird might be disturbed anytime animals are allowed on the beaches. It is of no consequence as to time of year or time of day that animals are allowed on the beaches for this to occur. It is noteworthy, however, that the Snowy Plover lays its eggs in early May. Our prior ordinance would have allowed animals on the beaches during this month during the day. Prepared by: ti Jim Kaminsky, Lieu enant Attachment: Ordinance No. 96 -29 as provided by City Clerk's Office • • ORDINANCE NO. 96- 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04.030JU PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES. The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code sections are amended to mad, in full, as follows: SECTION 1: Section 7.04.030A of Newport Beach Municipal Code is hereby amended to read as follows: 7.04.030 Animals Prohibited on Public Beaches. A. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any ocean front beach 4i ocean front sidewalk or on 6ny bay front beach between the hours 9:00 a.m. to 5:00 p.m. SECTION 2: 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 3: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, had on the 12tbday of August , 1996, and adopted on the 26tllay of August , 1996, by the following vote, to wit: ATTEST: 64?h" /??, CI CLERK AYES, COUNCILMEMBERS O'Neil, Edwards, Debay, Clover, Watt, Hedges NOES,COUNCILMEMBERS ABSENT COUNCILMEMBERS Cox MAYOR 1 F:1ca6debbielordimnYxoanima.doc 8-1.96 pwp.F a 1. N, • PLJ Agenda Item No. SS3 February 28, 2006 -:--- , Pei ;? 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