HomeMy WebLinkAbout04 - Animals Prohibited on Public BeachesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
August 10, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation & Senior Services Department
Laura Detweiler, Director
949 - 644 -3157, Idetweiler(a)newportbeachca.gov
Matthew Lohr, Recreation Manager
949 - 644 -3164, mlohr(a)newportbeachca.gov
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 OF
TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO
ANIMALS PROHIBITED ON PUBLIC BEACHES
ISSUE
Should the City Council adopt Section 7.04.030 of Title 7 of the Newport Beach
Municipal Code to amend the time of year that animals are prohibited on public
beaches?
In addition, change the term "Community Services" to Recreation & Senior Services
Department. Also, "guide" dogs has been changed to "service" dogs as defined under
the American with Disabilities Act so as to include all service dogs that assist the
disabled.
RECOMMENDATION
1. That City Council approve for the second reading amending Section 7.04.030 of Title
7 of the Newport Beach Municipal Code to read that animals are prohibited on any
ocean front beach, sidewalk or bay front beach between the hours 9:00am to
5:00pm from May 15 to September 15 and no restriction from September 16 to May
14.
2. That the City Council approve changing the term of "Community Services
Department' to Recreation & Senior Services Department.
3. That the City Council approve changing "guide' dogs to "service" dogs as defined
under the American with Disabilities Act so as to include all service dogs that assist
the disabled.
DISCUSSION
The PB &R Commission forwarded a recommendation from their June 1, 2010 meeting
to City Council at their July 27, 2010 regular meeting to change the time that animals
are allowed on the beach from 9:00am to 5:00pm year -round to 10:00am to 4:30pm
year- round.
CONSIDERATION OF AN ORDINANCE CHANGE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE
NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES
Page 2
At the July 27, 2010 City Council's regular meeting, a motion was approved to amend
Section 7.04.030 of Title 7 of the Newport Beach Municipal Code to read that animals
are prohibited on any ocean front beach, sidewalk or bay front beach between the hours
9:00am to 5:00pm year -round to 9:00am through 5:00pm from May 15 to September 15
and no restriction from September 16 to May 14.
In March 2010, a group of local dog owners met with staff from Recreation, Fire, Beach
Lifeguards and Animal Control to discuss changing the hours that dogs on leash are
allowed on the beach. The residents requested that dogs on leash be allowed on the
beach all day between the months of September and May. Of additional concern to this
group were the winter months of November and December where the days are shorter
with minimal daylight that allow for dog walking under the current ordinance.
Understanding that the winter months of November and December provide for very little
daylight for dog walking on the beach, staff collectively agreed that adding an hour in
the morning and a half hour in the afternoon would provide for greater access with
daylight and would not cause great concern with beach crowds gathering at that time.
Schedule consistency of when dogs are permitted on the beach is and remains of
utmost importance for enforcement purposes and is the basis of staff's recommendation
for the ordinance time change to remain static throughout the year.
Recreation & Senior Services' staff with concurrence from Fire Department, Beach
Lifeguards and Police Department Animal Control presented a report to the PB &R
Commission on June 1, 2010. The PB &R Commission agreed with staffs recommendation
that it be forwarded to City Council for their consideration to amend Section 7.04.030 of
Title 7 of the Newport Beach Municipal Code pertaining to leashed Dogs on the Beach be
allowed before 10am and after 4:30pm.
BACKGROUND
In 1989, the City of Newport Beach Municipal Code Section 7.04.030 was changed to
prohibit animals on public beaches during summer months (roughly June through
September) between the hours of 9:00am to 5:00pm.
In 1996, staff sought to clarify the ordinance by simplifying it to read: "No animals
allowed on public beaches any day of the year between the hours of 9:00am to
5:00pm," which was amended by City Council that same year.
The reason for the amendment was that Animal Control Officers found that most
citizens in violation of the ordinance had a misunderstanding that centered around what
months animals were and were not allowed on public beaches.
Of further importance considered when examining a change to the ordinance, was the
winter climate which 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 the temperatures into the 80's on a winter day.
Public beach populations 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. Beachgoer complaints of animal urination and
CONSIDERATION OF AN ORDINANCE CHANGE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE
NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES
Page 3
defecation were common and more hours had to be spent by officers in patrol of the
beaches during warmer weather in winter.
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 habitats 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. Each of the
aforementioned concerns were discussed and weighed on staffs recommendation to
only increase the window of time where dogs would be allowed on the beach by an hour
and a half each day.
To provide City 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 • Seal Beach
• San Clemente • Huntington Beach
Cities allowing dogs on beaches year -round under certain conditions: in Laguna Beach
animals are not allowed on beaches between the hours of 8:00am to 6:00pm from June
15 to September 16. Animals must be leashed at all times. Animals are not allowed in
play equipment areas on beaches at any time. Huntington Beach allows dogs only on
their dog beach which is clearly defined to delineate it from the remainder of their
beaches.
ENVIRONMENTAL REVIEW
The City Council's approval of this Agenda Item does not require environmental review.
PUBLIC NOTICE
Staff sent out an E- Select Alert to residents and this item was posted on the City's
website.
The agenda item has been noticed according to The Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
CONSIDERATION OF AN ORDINANCE CHANGE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE
NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES
Page 4
FUNDING AVAILABILITY
There is minimal cost to print new stickers to be placed over existing hours posted on
the beach signs. The local group of dog owners has volunteered to assist with the
placement of these stickers to eliminate staff costs.
Prepared by: Submitted by:
t�tl
Matthew Lohr Laura Detw ' r
Recreation Manager Recreation & Senior Services Director
Attachments: A. Proposed Ordinance
B. Draft PB &R Commission Minutes dated June 1, 2010
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 7.04.030, OF TITLE 7
OF THE NEWPORT BEACH MUNICIPAL CODE, 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 section is amended to read, in full, as follows:
SECTION 1: Section 7.04.030 of Chapter 7.04 is amended to read as follows:
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 or ocean front sidewalk or on any bay front
beach between the hours of 9:OOam to 5:OOpm from May 15 through September 15.
There shall be no time restrictions on when the animals described herein are permitted
on said beach locations from September 16 through May 14.
B. 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, ocean front sidewalk, bay front beach or bay
front sidewalk unless that person has, in his or her possession, an implement or device
capable of removing any feces deposited by the animal.
C. The provisions of this section shall not be applicable to:
Any animal enrolled and participating in an obedience class offered by the
Recreation & Senior Services Department of the City, or in any show for which
the City has issued a special event permit;
Any service dog, as defined by the American with Disabilities Act ( "ADA "), or any
dog being trained to be a service dog as defined by the ADA pursuant to a
recognized program of training, provided the dog is on a leash and the person in
charge has an official identification card issued for such purposes.
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.
CONSIDERATION OF AN ORDINANCE CHANGE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE
NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES
Page 6
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the day of 2010, and adopted on the _ day of
2010_, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
u: e:
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By r "��✓
DAVOR. FUNT, CITY ATTORNEY
r
F: users /cat/shared/Ordinancei&apter 7 .04.030 UndedineStrikeout
ATTACHMENT B
Excerpt of D R A F T PB&R Conunission Minutes dated June 1, 2oio
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
Regular Meeting
June 1, 2010 —'7Pm
Convened 7:04Pm
ROLL CALL
Present: Tim Brown, Chair
Tom Anderson
Bill Garrett
Phillip Lugar
Greg Ruzicka
Absent: Kathy Hamilton
Marie Marston
Staff. Laura Detweiler, Recreation & Senior Services Director
Mark Harmon, General Services Director
Sean Levin, Recreation Superintendent
Teri Craig, Admin Asst
4. Ordinance Change Amending Section 7.04.030 of Title 7 of the Newport Beach
Municipal Code pertaining to Dogs — Manager Lohr reviewed the staff report and that
at the request of the community, the Commission is asked to consider forwarding their
recommendation to the City Council for their review /approval to amend Section 7.04.030 of
Title 7 of the Newport Beach Municipal Code pertaining to Dogs with a leash be allowed on
the beach before roam and after 4:3opm. He stated that since 1996 dogs have been allowed
on the beach with a leash before gam and after 5Pm.
He stated that staff met with residents, lifeguards and animal control to discuss a possible
change to the ordinance. He noted that residents requested that dogs be allowed on the
beach without restriction from mid September to Memorial Day. He stated that they noted
that during the winter months that the hours before gam and after 5Pm provide very little
daylight. He went on to report that staff agreed that it would be feasible to recommend the
change to before loam and after 4:3opm. He noted that the Police Department does not
have the resources to expand the hours beyond what is being recommended here today. He
introduced Karen Weigand, Traffic Control and Valerie Schomburg, Animal Control Officer
to the Commission and that they were available for questions.
Commissioner Garret asked about statistics on citations regarding animal control that might
show that these numbers have increased.
Manager Lohr stated that from 2005 to 2009 the statistics do show about a 2% increase.
Commissioner Lugar asked if there were statistical projections if these hours were increased.
Manager Lohr stated that after meeting with police and lifeguards, that it was felt that this
time change of before roam and after 4:3opm would have little effect on the number of
citations issued and felt comfortable with this time change.
Officer Schomburg stated that there are only three animal control officers and that their first
priority is public safety and radio calls. She went on to say that if and when there is extra
time that they will concentrate on enforcement at the beaches, parks, schools and
neighborhoods for leash violations.
Discussion ensued regarding enforcement issues and signage on the beach and the
boardwalk.
Chair Brown opened the public discussion
Max Liskin stated that he believes that enforcement is fair; but noted that the rules on the
boardwalk are inconsistent; reciting times that the beach is closed but the boardwalk isn't.
He suggested that signage be listed in a more positive way and that more doggy dispensers
are needed and would be happy to sponsor the dispenses and bags for a couple of hundred
dollars a year and suggested that that people be fined if they are with a dog and that their
bag is not in plain sight. He also noted that he would be amenable to pay for a permit that
would allow his dog to be on the beach.
Shirley Reinkar stated that she had spearheaded the campaign and provided additional
history to the Commission. She urged the Commission to allow dogs on the beach before
roam and after 4Pm.
Kim Jameson stated that the reason for the time change is because of the winter and
suggested a dog park in the West Newport area. She noted that if the time allotted for dogs
on the beach were increased than less citations would be written.
Carol Seckel urged support of the increased hours of before roam and after 4Pm.
Jerry Ramsey stated that he believes that the time should change with the different seasons;
i.e. longer hours in the fall and winter and less during the spring and summer.
Greg Reinkar recommended that there not be any restriction at all during the winter.
Chris Stineman agreed that there should be no restrictions during the winter and during the
rest of the year that before roam and after 41)m would work.
Barbara Barnard also agreed there should be no restrictions during the winter and during
the rest of the year before roam and after 4Pm would work.
Nick Glazer stated that dogs should be given free reign during the winter months.
Charlie Cotton also agreed that dogs be allowed on the beach before roam and after 41)m and
free reign during the winter.
Chair Brown closed the public discussion
Chair Brown asked if staff is requesting the Commission to recommend that Council approve
that dogs on leash be allowed before roam and after 4:3opm.
Manager Lohr stated yes, that beach lifeguards felt that extending it to 4Pm in the afternoon
would cause conflicts between beach goers and other dogs. It would be important that these
hours be consistent throughout the year to eliminate confusion for those bringing dogs to
the beach and for animal control staff who enforce the rules.
Discussion ensued regarding citations, enforcement and dogs on leash. Commissioner
Garrett stated that the biggest problem is dogs off leash and suggested that the fines be
increased.
Director Detweiler noted that staff would investigate how fine amounts are determined and
will follow up with the Commission.
Commissioner Lugar suggested tabling this issue for further investigation.
Motion by Commissioner Anderson to forward their recommendation to the City
Council for their review /approval to amend Section 7.04.030 of Title 7 of the Newport Beach
Municipal Code pertaining to Dogs on the Beach be allowed on the beach on a leash before
loam and after 4:30pm. Motion carried by the following vote:
Ayes: Anderson, Brown, Ruzicka
Noes: Garrett , Lugar
Absent: Hamilton, Marston
Brown, Leilani
From:
Kiff, Dave
Sent:
Wednesday, August 04, 2010 9:33 AM
To:
Brown, Leilani
Subject:
FW: AMENDING SECTION 7.04.030
For the record.
From: Randy Seton [mailto:ranbal @sbcglobal.net]
Sent: Tuesday, August 03, 2010 11:22 PM
To: Curry, Keith
Cc: Kiff, Dave; Webb, Don (City Council); Selich, Edward; Daigle, Leslie; Henn, Michael; Gardner, Nancy; Rosansky,
Steven
Subject: AMENDING SECTION 7.04.030
Dear Mayor Curry, Council Members and Staff,
Subject:
CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 IF TITLE 7 OF
THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANIMALS
PROHIBITED ON PUBLIC BEACHES [100 - 20101.
Please consider NOT extending the dogs on beaches hours municipal code to beach areas in Newport Bay
especially on Balboa Island, use the ocean beaches only. As you know the OC has grown significantly and
so has the number of dogs. Balboa Island is being strained/worn for the use of dog walking on our
bay front's and beaches, and alley areas. After talking with many Islanders recently in regards to
the use change, the tensions are climbing and new issues are on the boiler concerning beach
health issues and the difference of "concentration" between the ocean and the bay in regards to
bacteria loads. I strongly feel a rising "Pandora's Box" effect here on the Island concerning this
issue and really don't want to see it go ballistic.
I strongly suggest extending the hours for ocean beaches only,
Not to the Newport Harbor beaches (most lighted at dusk).
I side with Councilman Selich and Webb to just keep thing the way they are. Researching many
other beach city "dogs on beach" rules /ordinances from San Diego to Santa Monica, dogs are
restricted from most beaches except for designated walkways, trails, and designated dog use
areas. The City of Newport Beach restricts dogs from all parks, which makes the beach use
confusing.
I know its not the dogs, its the owners contributing to this issue.
I also request you consider looking at ocean beach designated dog parks as many water quality minded and
recreational water /coastal cities incorporate.
Thank you,
Randy Seton
Balboa Island
949 - 675 -8483
"When the people fear the Government, that is tyranny.
When the Government fears the people, that is Liberty"
Thomas Jefferson
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August 3, 2010
To: Mayor Curry, Mayor Pro Tem Michael Henn, and Newport Beach City Council
Members, Leslie Daigle, Nancy Gardener, Steve Rosansky, Ed Selich and Don
Webb
Re: Prospective Change to Dog Hours on Beach During Non - Summer Months
cc: City Manager David Kiff, City Attorney David Hunt, City Clerk Leilani Brown
We are very concerned about the news that the Council is considering abolishing the long
standing ban of dogs on the beach in the non - summer months during the hours when the
beach is being used by numerous residents and foreign and domestic visitors. We speak
on behalf of dozens, if not hundreds, of Newport Beach residents and voters. We can
mobilize them for signatures and attending a hearing if there were time. However, we
will be out of town starting tomorrow and can not be at the next hearing. Having just
found out about the passage of the first reading and having plans to leave town for a
family wedding in Montreal, we do not have time to do the mobilization now but if
important to the Council will do so when we get back.
We are oceanfront residents and can see first hand the effect dogs have on human's
enjoyment, health, and safety on the beach. As city residents, we are also concerned that
more dogs mean more liability for the city (including dog bites) and more health and
quality issues on the sand and in the water. The non - summer months are equally
important to residents and to many resident, more important even than the summer
months. For many residents their enjoyment of the beach increases with the clear warm
weather of fall and spring.
We also are dog owners, who love our dogs, and while we would enjoy the extra hours of
walking our dogs on the beach, we feel the disadvantages far outweigh the benefits for
the entire community and for our visitors (foreign and domestic) during the non - summer
months, where Newport beaches are still a first -class destination.
Newport Beach already has some of the most liberal policies in Los Angeles, Orange and
San Diego counties regarding allowing dogs on the beach. Abolishing any restrictions
will make Newport beaches a "doggie destination" for people from all these places.
As Newport peninsula residents, we work hard daily, to maintain the safety and beauty of
the beach. We keep the boardwalk and sand clean and we see the effect that dogs have
on the boardwalk and sand.
Reasons to not adopt the proposal:
1. The city will have more liability as more dog - people interaction will have dog
bite and health issues.
2. Dogs poop and urinate on the boardwalk. This often happens, and if it is not
cleaned up immediately, bare feet and bicycles spread it along the boardwalk.
It's smelly, gross, and unhealthy. Nearby residents keep bleach, bags, and
hoses handy, but we cannot always discover it immediately. (Unfortunately
dog- owners do not always clean -up their dog's mess –see #3 below.)
Dogs poop and urinate on the sand. This is harder to notice because
sometimes sand covers it partially. People notice it when they step in it, or
worse, when kids or adults run their fingers through the sand.
4. Many dog owners are diligent about cleaning up after their dogs. But not all
are (especially if they think no one is looking). If only 1 in 100 neglects to
pick up —that dirties our beach quickly. Nearby residents are always asking
dog owners to clean up.
Very recently, a dog owner did not clean up after his dog —a not uncommon
event. My husband politely asked him to clean up and the owner glared at my
husband and said, "No ". Another resident walked up and nicely asked and
was answered, "Why should I ?" Just then another neighbor walked up with a
plastic bag and handed it to him, but the dog owner just threw it down and
walked away.
Not 10 minutes ago, I saw a dog "do its business" on the sand, the owner kick
sand over it, look up and see me watching, and literally pull their dog and run
away.
We are almost always treated with anger when we politely ask someone to
clean up after their dog. Sometimes we are afraid to confront a transgressor,
and so we wait and clean it up ourselves.
Although the law specifies that dogs must be on a leash, in the winter months
about a third of them are running free. They arrive at the beach on a leash, but
the owners unleash them to let them "run free ". This leads to numerous dog
fights, and terrified children (and adults).
6. Dogs bother people on the beach. It's scary when you buy your child a
hamburger or ice cream, and a curious dog (and I have seen pit bulls) comes
up to investigate. Children playing in the sand are especially bothered.
During the non - summer months, I often hear screams of terrified children, and
see parents rushing to protect them. The dog owner often just smiles and says,
"Oh, don't worry, he's friendly ", or "Oh that hamburger just smells so good
to him ".
6. Our beautiful Newport beaches are used by humans year- round. Our residents
and visitors, walk, run, relax, and explore everyday, no matter what the
weather or season. They deserve a clean, safe beach.
What are the solutions?
1. If we keep the hours and leash laws the way they are, residents and
visitors can use the beach during the daytime hours.
2. If you change the hours SLIGHTLY during the non summer months,
then dog owners will have some daylight hours to walk their dogs on
the sand, and people will know they will expect dog -human interaction
at those hours.
3. Designate a few sparsely used portions of the beach for all -day dog
walking. Many portions of Newport Beaches are used year round by
residents and visitors. The primary recreational purpose of the beach is
for residents and visitors. Although most southern California beaches
do not allow dogs at all, a few have a designated "dog beach"
4. Although it really won't be enforceable without significant patrolling
and city expense, let dog owners get a special permit for dog walking,
so that cleanup and safety can be enforced. This is similar to Newport
peninsula having residents and frequent visitors purchase special
parking permits (blue meters).
5. Have heavy, heavy enforcement of leash laws, clean up laws, and safety
laws regarding dogs, even though this will be a significant expense to
the City. Give lifeguards, police, and even volunteers authority to fine
and enforce those laws. Use existing and install new cameras to enforce
these fines.
Let me reiterate, we are dog owners and we would benefit from these all -day laws. But
we feel as residents and voters it is not worth the price we pay in civic liability, cost to
the city, lack of cleanliness, safety, and healthiness of our beaches to allow dogs on the
beaches all day during the non summer months. Come sit and watch for an hour or two
and then re- evaluate the issue.
Thank you for your consideration.
Marilee, Charles, & Richard Ajalat
Chris & Christi Matarese
2504 W. Oceanfront Avenue, Newport Beach, CA 92663
12592 Bubbling Well Road REC
North Tustin, CA 92705
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Stanley, Shana
From: Kifl, Dave "RECEIVEDffTER AGENDA
Sent: Tuesday, August 10, 2010 3:03 PM PUNTED:" To: City Clerk's Office - Ib'ID
Subject: FW: DOGS ON BAY BEACHES
From: Houston, L. Thomas (mailto:d)ouston@ftnsvrs.com]
Sent Tuesday, August 10, 2010 12:02 PM
To: Curry, Keith
Cc: Henn, Michael; Gardner, Nancy; Rosansky, Steven; Selich, Edward; Webb, Don (City Council); Daigle, Leslie; Kiff,
Dave; jherdmanl @roadrunner.com; island60@gmail.com; fpiani@rickrnarprop.com; ranbal@sbcglobal.net
Subject: DOGS ON BAY BEACHES
DEAR HONORABLE MAYOR CURRY. COUNCIL MEMBERS. STAFF. OTHERS
HISTORY OF BALBOA ISLAND AND NEWPORT BEACH SINCE THE DATE THE PRESENT 'DOGS ON BEACHES'
ORDINANCE WAS PASSED
1) PREVIOUSLY, DOG OWNERS WERE ASKED TO "CURB YOUR DOG ". SIGNS ARE NOW GONE. THIS
ACTIVITY IS NOT ACCEPTABLE.
2) THE CITY BEGAN THE STREET SWEEPING PROGRAM TO HELP PREVENT TOXIC RESIDUE FROM
ENTERING THE BAY. THIS ACTIVITY CONTINUES,
AND IS CONSIDERED VERY SUCCESSFUL.
3) THE CITY PROHIBITED CARPET CLEANING SERVICES FROM PUMPING THE RESIDUE INTO THE GLITTER,
THUS INTO THE BAY. THIS PROHIBITION
CONTINUES.
4) THE CITY REQUIRED MOBILE CAR DETAILERS TO CONTAIN THEIR LIQUID RUNOFF AND TAKE IT AWAY
FOR DISPOSAL. THIS REQUIREMENT
CONTINUES.
5) THE CITY REQUIRED BUILDING CONTRACTORS TO KEEP ALL BUILDING RESIDUE ON THE BUILDING SITE
PAINTERS, CEMENT TRUCK OPERATORS,
ETC HAVE BEEN CITED. THIS REQUIREMENT CONTINUES.
6) THE CITY BEGAN STENCILING STORM DRAIN OPENINGS WITH "NO DUMPING DRAINS TO BAY ". THIS
PROGRAM CONTINUES.
7) THE CITY SUCCESSFULLY "RELOCATED " THE DUCKS FROM THE GRAND CANAL.
ONE LOGICALLY PRESUMES THESE EFFORTS. AND OTHERS, WERE MADE IN ATTEMPTS TO MAINTAIN
HIGH QUALITY STANDARDS FOR THE BAY AND BEACHES FOR HUMANS TO ENJOY. TO BE CONSISTENT
, THESE PAST SUCCESSFUL EFFORTS SHOULD LEAD YOU BANNING DOGS FROM BAY BEACHES AT THIS
TIME.
TOM HOUSTON
206 RUBY
BALBOAISLAND
Hm 673-2544
Wk 252-1217
Leilani
AGENDA
From: Charles Ajalat [Charles @apataxiaw.com] ' " " "--
Sent: Saturday, August 07, 2010 8:32 AM 1 o
To: Curry, Keith; Henn, Michael; Daigle, Leslie; Gardner, Nancy; Rosansky, Steven; Selich,
Edward; Webb, Don (City Council); Brown, Leilani
Subject: Dogs on Beach
Attachments: Troncale & Guerrero - Dogs on Beach NB.pdf
Dear Council Members,
Before we left Newport we went to see one neighbor regarding the above subject, two other neighbors quickly joined and
all three were quite upset about the dog ordinance. The other two asked If they could sign the letter we had and we
agreed to drop it off at City Hall for them. Their signed letter by the Troncales and Guerreros is attached by pdf. The
reactions we received from neighbors do indicate to us that our suspicion was correct about the wide- spread concern the
ordinance will generate. We ask you to have a motion for reconsideration and study the issue further.
Charles Ajalat
From: Carl do Teresa Troncale 128 26a' Street, NB 92663
Dan & Alison Guerrero 113 2e St. NB 92663
AuV0 4,2010
To: Mayor Curry, Mayor Pro Tern Michael Henn, and Newport Beach City Council
Members, Leslie Daigle, Nancy Gardener, Steve Rosensky, Ed Selich and Don
Webb
Re: Prospective Change to Dog Hours on Beach Daring Non - Summer Months
cc: City Manager David Kiff, City Attorney David Hunt, City Clark Wani Brown
We are very concerned about the news that the Council is considering abolishing the bong
standing ban of dogs on the beach in the non - summer months during the hours when the
beach is being used by numerous residents and foreign and domestic visitors. We streak
on behalf of dozens, if not hundreds, of Newport Beach residents and voters. We can
mobilize them for signatures and attending a bearing if there were time. However, we
will be out of town starting tomorrow and can not be at the next hearing. Having just
found out about the passage of the first reading and having plans to leave town for a
family wedding in Montreal, we do not have time to do the mobilization now but if
important to the Council will do so when we get back.
We are oceanfront residents and can see first hand the effect dogs have on human's
*oyment, health, and safety on the beach As city residents, we are also concerned that
more dogs mean more liability for the city (including dog bites) and more health and
quality issues on the sand and m the water. The non - summer months are equally
important to residents and to many resident, more important even than the summer
months. For many residents their enjoyment of the beach increases with the clear warn
weather of fall and spring.
We also are dog owners, who love our dogs, and while we would enjoy the extra hours of
walking our dogs on the beach, we feel the disadvantages far outweigh the benefits for
the entire community and for our visitors (foreign and domestic) during the non- summer
months, where Newport beaches are still a first -class destination.
Newport Beach already has some of the most liberal policies in Los Angeles, Orange and
San Diego counties regarding allowing dogs on the beach. Abolishing any restrictions
will make Newport beaches a "doggie destination" for people from all these places.
As Newport peninsula residents, we work hard daily, to maintain the safety and beauty of
the beach. We keep the boardwalk and sand clean and we see the effect that dogs have
on the boardwalk and sand.
K 1' �1� 1. 1-
I. The city will have more liability as more dog - people interaction will have dog
bite and health issues.
2. Dogs poop and urinate on the boardwalk. This often happen&, and if it is not
cleaned up immediately, bare feet and bicycles spread it along the boardwalk.
It's smelly, grass, and unhealthy. Nearby residents keep hleacih, bm and
hoses handy, but we cannot always discover it immediately. (Unfortunately
dog - owners do not always clean-up their dog's mess —see #3 below.)
3. Dogs poop and unnale on the sand. This is harder to notice because
sometimes sand covers it partially. People notice it when they step in it, or
worse, when kids or adults run their fingers through the sand.
4. Many dog owners arc diligent about cleaning up after their dogs. But not ail
are (especially if they think no one is looking). If only 1 in 100 neglects to
pick up —that dirties our beach quickly. Nearby residents are always asking
dog owners to clean up.
Very recently, a dog owner did not clean up after his dog- -a not uncommon
event My husband politely asked him to clean up and the owner glared al my
husband and said, "No ". Another resident walked up and nicely asked and
was answered, "Why should 1P' Just then another neighbor walked up with a
plastic bag and handed it to him, but the dog owner just threw it down and
walked away.
Not 10 minutes ago, I saw a dog "do its business" on the sand, the owner kick
sand over it, look up and see me watching, and literally pull their dog and run
away.
We are almost always treated with anger when we politely ask someone to
clean up after their dog. Sometimes we are afraid to confront a transgressor,
and so we wait and clean it up ourselves.
5. Although the law specifies that dogs must be on a leash, in the winter months
about a third of them are running free. They arrive at the beach on a leash, but
the owners unleash them to let them "nun free ". This leads to manerous dog
fights, and terrified children (and adults).
6. Dogs bather people on the beach. it's scary when you buy your child a
hamburger or ice cream, and a curious dog (and 1 have seen pit bulls) comes
up to investigate. Children playing in the sand are especially bothered.
During the ton- summer months, I often hear screams of terrified children, and
see patents ruching to protect them. The dog owner often just smiles and says,
2
"Oh, don't worry, he's friendly", or "Oh that hamburger Just smells so good
to him ".
6. Our beautiful Newport beaches arc used by humans year - round. Our residents
and visitors, walk, run, relax, and explore everyday, no matter what the
weather or season. They deserve a clean, safe beach.
What are the solutions?
If we keep the hours tend leash laws the way they arc, residents and
visitors can use the be=t during the daytime hours.
2. If you change the hours SLIGHTLY during the non summer months,
then dog owners will have some daylight hours to walk their dogs on
the sand, and people will knot+ they will expect dog -bwnan interaction
at those hours.
3. Designate a few sparsely used porfaftof the beach for alWay dog
walking. Many portions of Newport Beaches are used year round by
residents and visitors. The prieu ryauautiooal purpose of the beach is
for residents and visitors. Although most southern California beaches
do not allow dogs at all, a few have a designated "dog beach"
4. Although it really won't be enforceable without significant panelling
and city expense, let dog owners get a special permit for dog walking,
so that clean up she safety can be enforced. This is similar to Newport
peninsula having residents and frequent visitors purchase special
parking permits (blue meters).
5. Have heavy, heavy enforcement of leash laws, clean up laws, and safety
laws regarding dogs, even though this will be a significant expense to
the City. Give lifeguards, police, and even volunteers authority to fine
and enforce those laws. Use existing and install new cameras to enforce
these fines.
Let me reiterate, we are dog owners and we would benefit from these allay laws. But
we feel as residents and voters it is not worth the price we pay in civic liability, cost to
the city, lack of cleanliness, safety, and healthiness of our beaches to allow dogs on the
beaches all day during the non summer months. Comegii and watch ap,hour or two
and then re- evaluate the issue. y\.
Thank you for your consideration.
Marilee, hart Richard Ajalat aA N
Chris & Chn
2504 W, nt Avenue, Newport Beach, CA 92663
Ce--� rF l2$ ,,)_G 714, S7 3
Brown, Lellani
From: christiana ajalat matarese [chdstimatarese @yahoo.com]
Sent: Friday, August 06, 2010 11:18 PM
To: Brown, Leilani; Curry, Keith; Henn, Michael; Daigle, Leslie; Gardner, Nancy, Rosansky,
Steven; Selich, Edward; Webb, Don (City Council); Hunt, David; Kiff, Dave
Subject: Re: City Council Decision
Attachments: dogs in newport.doc
Dear City Council Members,
I wanted to write to you regarding your decision at the last meeting to allow dogs to be on the beaches in
Newport all hours in the non - summer months. I am the mother of 4 young children (ages 0 -7) who spend a lot
of time on and enjoy playing on the beach year round.
We currently avoid being on the sand during the evening hours when dogs are permitted on the sand.
Although our family has a dog we love, we know that not all dogs are friendly and we fear for our kids safety
when there are unleashed dogs running around. We learned this all too well about a year ago, when my
daughter (then 3 years old) was bitten by a dog on the sand in Newport Beach. Although she wasn't hurt badly,
this experience scared her (and us) and made us think that it's best to keep our playtime on the sand to earlier
hours. I think that dogs on the beach are naturally drawn to kids because they are running and playing (and
often have picnics or snacks around), and while this is a wonderful thing some of the time (we love seeing our
kids nm around and play with our pets and animals we know), it is frightening to some young kids (and their
parents) when a large dog they don't know comes running at them.
I was surprised the city council made such a broad decision without giving the neighboring residents notice that
such a big change might be made to the current policy and the chance to give our comments -- especially since
the request was only to add an additional hour to the current times that dogs are permitted on the sand. I am
certain that many parents I know would have similar fears about allowing dogs on the sand all day long.
I think this decision could have an even greatCr impact, because I believe that people may come from other
areas to walk their dogs on the Newport sand, thus increasing the number of dogs that are present, as well as
their urinating and feces on the sand that unfortunately, many dog owners are not very respectful about cleaning
up.
I hope that you will reconsider your decision and save some beach time for children and others to enjoy the sand
without dogs running up to them.
Christiana Matarese
2504 West Oceanfront, Newport Beach
Dear City Council Members,
I wanted to write to you regarding your decision at the last meeting to allow dogs to be on
the beaches in Newport all hours in the non - summer months. I am the mother of 4 young
children (ages 0 -7) who spend a lot of time on and enjoy playing on the beach year round.
We currently avoid being on the sand during the evening hours when dogs are permitted
on the sand. Although our family has a dog we love, we know that not all dogs are
friendly and we fear for our kids safety when there are unleashed dogs naming around.
We learned this all too well about a year ago, when my daughter (then 3 years old) was
bitten by a dog on the sand in Newport Beach. Although she wasn't hurt badly, this
experience scared her (and us) and made us think that it's best to keep our playtime on the
sand to earlier hours. I think that dogs on the beach are naturally drawn to kids because
they are running and playing (and often have picnics or snacks around), and while this is
a wonderful thing some of the time (we love seeing our kids run around and play with our
pets and animals we know), it is frightening to some young kids (and their parents) when
a large dog they don't know comes running at them.
I was surprised the city council made such a broad decision without giving the
neighboring residents notice that such a big change might be made to the current policy
and the chance to give our comments -- especially since the request was only to add an
additional hour to the current times that dogs are permitted on the sand. I am certain that
many parents I know would have similar fears about allowing dogs on the sand all day
long,
i think this decision could have an even greater impact, because I believe that people may
come from other areas to walk their dogs on the Newport sand, thus increasing the
number of dogs that are present, as well as their urinating and feces on the sand that
unfortunately, many dog owners are not very respectful about cleaning up.
1 hope that you will reconsider your decision and save some beach time for children and
others to enjoy the sand without dogs running up to them.
co!r.iL,:c�,.�
12592 �t� � ROW RECEIVED No. (�4
Nowth Tustin, CA 92706 `r- 10 _ I d
6 MI 9: 36
14 QF
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Brown, Lellani
From:
Kiff, Dave
Sent:
Wednesday, August 04, 2010 9:33 AM
To:
Brown, Leilani
Subject:
FW: AMENDING SECTION 7,04.030
For the record.
From: Randy Seton [maiito:ranbal@sbcglobal.net]
Sent: Tuesday, August 03, 2010 11:22 PM
To: Curry, Keith
Cc: Kiff, Dave; Webb, Don (Gty Coundp; Selkh, Edward;
Subject: AMENDING SECTION 7.04.030
Daigle, Leslie; Henn, Michael; Gardner, Nancy; Rosansky,
Dear Mayor Curry, Council Members and Staff,
Subject:
CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 IF TITLE 7 OF
THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANIMALS
PROHIBITED ON PUBLIC BEACHES 1100- 20101.
Please consider NOT extending the dogs on beaches hours municipal code to beach areas in Newport Bay
especially on Balboa Island, use the ocean beaches only. As you know the OC has grown significantly and
so has the number of dogs. Balboa Island is being strained/worn for the use of dog walking on our
bay front's and beaches, and alley areas. After talking with many Islanders recently in regards to
the use change, the tensions are climbing and new issues are on the boiler concerning beach
health issues and the difference of "concentration" between the ocean and the bay in regards to
bacteria loads. I strongly feel a rising "Pandora's Box" effect here on the Island concerning this
issue and really don't want to see it go ballistic.
I strongly suggest extending the hours for ocean beaches only,
Not to the Newport Harbor beaches (most lighted at dusk).
I side with Councilman Selich and Webb to just keep thing the way they are. Researching many
other beach city "dogs on beach" rules /ordinances from San Diego to Santa Monica, dogs are
restricted from most beaches except for designated walkways, trails, and designated dog use
areas. The City of Newport Beach restricts dogs from all parks, which makes the beach use
confusing.
I know its not the dogs, its the owners contributing to this issue.
I also request you consider looking at ocean beach designated dog parks as many water quality minded and
recreational water /coastal cities incorporate.
Thank you,
Randy Seton
Balboa Island
949- 675 -8483
"When the people fear the Government, that is tyranny.
When the Government fears the people, that is Liberty"
Thomas Jefferson
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Authorvcd to Publish Adverttsenrcnts of all kinds Including public notifies by
Decree of the Supenor Coun of Orange County, California. Nulnhet A 6216,
September 29, 1961. and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid: I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
July 31, 2010
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on August 3, 2010 at
Costa Mesa, California.
/ i O
� 0
RFr,P\/FD
?010 AUG —9 AM If} I I
OFFCE OF
THE CITY CLERK
CITY 0- 'im"'TriRT BEA7.xi
imaJJewraRrr�al
NOTICE IS HEREBY GAAEN
that on My 17. 1010. the
NNeewport Beach. California.
Introduced Introduced An Odaance
entitled
Okb§t#AQ NO. 1010-13
AN ORismake0 OF THE
CRY COUNCIL OF THE
(fly OE NEWPORT
REACH, CALIFORNIA
AMENDING SECTION
7.041100, OF ITTIE 7 CN
THE NEWPORT BEACH
NKNOWAL CODE, PM-
TAMM TO ANIMALS
RION@= ON PU KK
MACE
SECTION 1: Section
7.04.030 of Chapter 7.04
.a amended to read as
folio.S'
A. No person having the
tare, custody, charge Or
control of any animal
shell permit or allow
that animal to be on any
ocean front beach or
Ocean front sidewalk or
on any bay front beach
between the hours of
9:00 a.m. to 500 p.m
from May 15 through
September 15. There
shall be no time re-
functions on when the
arhmals dascnbed herain
are permitted on said
beach locations from
September 16 through
May 14.
B. 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,
ocean front sidewalk,
bay front beach V bay
front sidewalk unless
that person has. in his
of her possession. an
implement or device ca-
pable of removing any
feces deposited by the
animal.
C. The provisions of this
section shall not be ap-
plicableto:
1. Any animal enrolled
and Participating in an
obedience class Offered
by the Recreation 6
Senior Services Depart-
ment of the City. or in
any show for which the
City has Issued a special
event permit.
2 Any service dog, as
oehned by the American
with Disabilities Act
('ADA'), Or any dog be-
mg trained to be a se+
vice dog as defined by
tee ADA pil"t1ol to a
recognized program of
training, provided the
dog is on a leash and
the person in charge has
an oNicuil identification
card Issued for such
purposes.
If any section, subset
torn, sentence. clause or
phrase of this Ordinance
I is. for any reason, held
to be Invalid Or um
constitutional, such de-
,won shall not affect
the validity Or constitu
honabty of the remain'
mg pardons Of this W
dinance. The City
Council hereby declares
that at would have
passed this ordinance,
and each section, sub
section, clause or
phrase hereol, urespec- I
live of the fact that any
one or more sections.
subsections. sentences.
clauses and phrases be
declared unconstltution
at
The Mayor shall sign and
the City Clerk shall at-
test 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 shah be effective
thirty (30) days after its j
adoption
Dated this 19th day of
July. 2010.
ys/
Lillian, 1. Blown,
City Clerk
city of Newport Beach
Published Newport
Beach /Costa Mesa Daily'
Pilot July 31. 2010 Sa51r