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HomeMy WebLinkAbout03 - Dogs on BeachesTO FROM: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.— November 23, 2010 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Recreation & Senior Services Department Laura Detweiler, Director 949 - 644 -3157, Idetweiler(ccilnewportbeachca.gov Matthew Lohr, Recreation Manager 949 - 644 -3164, mlohr(a�newportbeachca.gov SUBJECT: SECOND READING - 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 That the City Council amend Section 7.04.030 of Title 7 of the Newport Beach Municipal Code pertaining to animals prohibited on "Oceanfront Beaches," excluding "Harbor /Bay Front Beaches." RECOMMENDATION That the City Council approve the second reading to amend Section 7.04.030 of Title 7 of the Newport Beach Municipal Code pertaining to animals on beaches: a. "Oceanfront Beaches" - change the current hours that animals are prohibited on oceanfront beaches from 9:00am to 5:00pm to 10:00am to 4:30pm year - round. b. "Harbor /Bay Front Beaches" – current hours will remain prohibiting animals from 9:00am to 5:00pm c. That the City Council approves changing the term of "Community Services Department" to the current name `Recreation & Senior Services Department." d. That the City Council approves 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. At the November 9, 2010, the first reading of the attached Ordinance 2010 - _under SECTION 1: Section 7.04.030 of Chapter 7.04 read as follows: B. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any harbor /bay front beach or harbor /bay front sidewalk between the hours 9:00am to 5:00pm year - round. The words or harbor /bay front sidewalk was inadvertently added and has been deleted from the Second Reading of the Ordinance. SECOND READING - 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 DISCUSSION In March 2010, at the request from a group of local dog owners, staff from Recreation, Fire, Beach Lifeguards and Animal Control met 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 allows 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 remains of utmost importance for enforcement purposes was 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 to forward to City Council for their consideration to amend Section 7.04.030 of Title 7 of the Newport Beach Municipal Code pertaining animals on the beach being permitted before 10am and after 4:30pm. At the August 10, 2010 meeting, the City Council referred the item back to PB &R Commission for review after receiving public feedback from the community and concerns related to expanding hours animals are permitted on beaches. The City Council requested the PB &R Commission review hours that animals are prohibited from beaches and if any changes should differ for oceanfront vs. harbor /bay front beaches. At the October 5, 2010 PB &R meeting, the Commission recommended that the City Council amend Section 7.04.030 of Title 7 of the Newport Beach Municipal Code pertaining to "Oceanfront Beaches" by changing the current hours of 9:00am to 5:00pm to 10:00am to 4:30pm year -round while maintaining "Harbor /Bay Front Beach" hours of 9:00am to 5:00pm. The PB &R Commission's reasoning behind the recommended changes are as follows: • Consistent year -round hours to allow animals on the oceanfront beaches are necessary to avoid confusion of the public and to aid enforcement efforts. • Concern that irresponsible dog owners would negatively impact beach visitors with increased animal litter and dogs off leash. • The additional time animals are allowed will assist in the winter months (November — January) when daylight is limited. • Maintaining the restricted hours at Harbor /Bay Beaches was important due to overconcentration of animal waste on small beaches and related water quality concerns. The Commission also requested that staff look into adding doggie bag dispensers along the numbered streets along the beachfront which is currently being examined for solutions. SECOND READING - 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 At the November 9, 2010 City Council regular meeting, a motion was approved for a First Reading 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 or sidewalk between the hours of 10:00am to 4:30pm year -round with no change to harbor /bay front beaches or sidewalks prohibiting animals between the hours 9:00am to 5:00pm year- round. 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," 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 time of the year that animals were and were not allowed on public beaches. Of further importance considered when examining a change to the ordinance, was the winter climate with warm days pushing temperatures into the 80's during any given month. Public beach populations swelled as the ordinance allowed animals on the beach during the day in the winter and conflicts between animals and beachgoers would arise. Fights between animals also occurred. Beachgoer complaints of animal urination and 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. 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 regarding the proposed change in hours and was posted on the City's website. The agenda item was noticed according to The Brown Act (72 hours in advance of the meeting at which the City Council considers the item). SECOND READING - 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 the 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 b y: Matthew Lohr Laura Detwei Recreation Manager Recreation & Senior Services Director Attachment: Proposed Ordinance Attachment 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 between the hours 10:OOam to 4:30pm year- round. B. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any harbor /bay front beach between the hours 9:OOam to 5:OOpm year- round. C. 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, harbor /bay front beach or harbor /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. D. The provisions of this section shall not be applicable to: Any animal enrolled and participating in obedience classes offered by the Recreation & Senior Services Department of the City or in any show for which the City has issued a special event permit; 2. 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. Parks, Beaches & Recreation Commission October 5, 2010 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 MAYOR KEITH D. CURRY ATTEST: LEILANI BROWN CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By D . HlU / , CITY ATTORNEY Agenda Item 3 November 23, 2010 ORDINANCE NO. 2010-25 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 between the hours 10:OOam to 4:30pm year- round. B. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any harbor /bay front beach between the hours 9:OOam to 5:OOpm year- round. C. 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, harbor /bay front beach or harbor /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. D. The provisions of this section shall not be applicable to: Any animal enrolled and participating in obedience classes 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 9th day of November, 2010, and adopted on the 23rd day of November, 2010, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS ATTEST: LEILANI I. BROWN CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY so DAVID R. HUNT, CITY ATTORNEY KEITH D. CURRY MAYOR