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HomeMy WebLinkAbout08/18/2015 12 Leash-Free Park Designations; YMC Addition 13.16.115 and Amendment 6.20.260nun 11,1:1141r10 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12. For Meeting of: August 18, 2015 ITEM TITLE: Ordinance amending the Municipal Code to designate Gilbert Park and Randall Park — Dog Park as leash -free parks in designated areas SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney SUMMARY EXPLANATION: The fenced Randall Dog Park has been very well received. Requests continue to be voiced for an off leash dog area at Gilbert Park. After completing some research, it has been discovered that various park systems throughout the area are designating parks as unfenced, off leash designated dog parks. The cities of Portland and Corvallis Oregon currently allow dogs to be off leash in an unfenced area. Individuals can bring their dog to the park and let them run off leash. They are still responsible for cleaning up after their pet and insuring that their dog does not injure any person or other animal. The designated area allows people to not receive a citation for having a dog off leash. This proposal was brought forth to the Public Safety Committee Meeting on July 1, 2015 and to the Parks Commission on August 12, 2015. Our recommendation is that the entire Gilbert Park property be designated as an unfenced, off leash dog park and the Yakima Municipal Code be amended to allow for this to be permissible. Many individuals already utilize Gilbert Park as an unfenced, off- leash dog park. Staff feels this amendment would be in the best interest of the City. The alternative would be to fence a large area within Gilbert Park; greatly depreciating its natural aesthetics. Signage would be placed around the park letting park users know that it is permitted to have dogs off leash, but also remind them that they are legally responsible for their dogs' actions. Staff would also need to promote public outreach and education to properly notify the public that this would be the only unfenced, off leashed area allowed within the City. All other areas will continue to be strictly enforced. This will be a 6 - month pilot project in which staff will report back to City Council to recommend either its termination or permanency. If you have any questions or concerns, please do not hesitate to contact Ken Wilkinson at 576-6416. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Approve and Adopt Ordinance. ATTACHMENTS: Description D Leash -free Ordinance D Leash -free Ordinance wstriikeouts Improve the Built Environment City Manager Upload Date 7/13/2015 7/13/2015 Type Ordinance Ordinance AN ORDINANCE ORDINANCE NO. 2015 - relating to Parks and Playgrounds; amending the City of Yakima Municipal Code Section 13.16.110 to designate Gilbert Park and Randall Park — Dog Park as leash -free parks, adding a new Section 13.16.115 to regulate how dogs may be leash -free in designated areas and amending Animal Control Section 6.20.260 to provide for leash free designated areas. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 13.16.110 of the Yakima Municipal Code is amended to read as follows: 13.16.110 Animals prohibited from running at Targe. Except as provided in Section 13.16.115, no cattle, horses, dogs or other animals shall be turned into, or allowed to run at large in, any park, playground or parkway, nor shall any dog or other animal be permitted to enter any pool or water of any park. All dogs brought into any park or playground must be held on leash. Section 2. Section 13.16.115 of the Yakima Municipal Code is hereby added as a new Section to read as follows: 13.16.115 Public areas where restraint of a doq is not required. An owner or handler may accompany a doq without a leash as otherwise required by the Chapter in the following places: A. Gilbert Park: bounded by West Lincoln Avenue, West Avalanche Avenue, and abutting private residences; B. Randall Park - Doq Park: fenced and designated area, south of Wide Hollow Creek, near South 48th Avenue; C. Any area designated by the Director of the Parks and Recreation Department. Provided that the doq has not been declared a potentially dangerous doq or a dangerous doq pursuant to Chapter 6.20 of the City of Yakima Municipal Code and is under the control of the owner or handler at all times. The owner or handler shall not allow a doq to damage park property, enter areas off limits to pets, fight with other dogs, and/or harass, threaten or injure a person or animal. Any animal in any park in violation of this Section may be impounded, at the expense of the animal's owner, on the order of any Animal Control or Police Officer. The prohibitions of this Chapter do not apply to service animals while performing their qualifying services, or to animals in the course of official police or rescue activities. CIM/ordinance/Leash-free Parks/Page 1 of 2 Section 3. Section 6.20.260 of the Yakima Municipal Code is amended to read as follows: 6.20.260 Leashes required. (1) Except as provided in Section 13.16.115 of the Yakima Municipal Code, it is unlawful for the owner or custodian of any dog to cause, permit or allow such dog to roam, run, stray or to be away from the premises of such owner or custodian and to be on any public place, or on any public property, or the private property of another in the city of Yakima, unless such dog, while away from such premises, is controlled by a leash or chain not more than eight feet in length, such control to be exercised by such owner or custodian or other competent and authorized person; and any dog roaming, running, straying or being away from such premises and not on a leash as herein provided may be impounded subject to redemption in the manner provided by ordinance.(2) It is unlawful for the owner or custodian of a potentially dangerous dog, as defined in this chapter, to cause, permit or allow such dog to be off the premises of such custodian or owner unless such dog is under the direct control of an adult person by means of a leash or chain not more than eight feet in length and a muzzle. (3) Penalties. Anyone violating or failing to comply with the provisions of this Section shall be punishable by civil penalties as set forth in YMC 6.20.440. Section 4. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2015. ATTEST: Micah Cawley, Mayor Sonya Claar-Tee, City Clerk Publication Date: Effective Date: CIM/ordinance/Leash-free Parks/Page 2 of 2 AN ORDINANCE ORDINANCE NO. 2015 - relating to Parks and Playgrounds; amending the City of Yakima Municipal Code Section 13.16.110 to designate Gilbert Park and Randall Park — Dog Park as leash -free parks, adding a new Section 13.16.115 to regulate how dogs may be leash -free in designated areas and amending Animal Control Section 6.20.260 to provide for leash free designated areas. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 13.16.110 of the Yakima Municipal Code is amended to read as follows: 13.16.110 Animals prohibited from running at Targe. Except as provided in Section 13.16.115, 41,1 -no cattle, horses, dogs or other animals shall be turned into, or allowed to run at large in, any park, playground or parkway, nor shall any dog or other animal be permitted to enter any pool or water of any park. All dogs brought into any park or playground must be held on leash. Section 2. Section 13.16.115 of the Yakima Municipal Code is hereby added as a new Section to read as follows: 13.16.115 Public areas where restraint of a doq is not required. An owner or handler may accompany a doq without a leash as otherwise required by the Chapter in the following places: A. Gilbert Park: bounded by West Lincoln Avenue, West Avalanche Avenue, and abutting private residences; B. Randall Park - Doq Park: fenced and designated area, south of Wide Hollow Creek, near South 48th Avenue; C. Any area designated by the Director of the Parks and Recreation Department. Provided that the doq has not been declared a potentially dangerous doq or a dangerous doq pursuant to Chapter 6.20 of the City of Yakima Municipal Code and is under the control of the owner or handler at all times. The owner or handler shall not allow a doq to damage park property, enter areas off limits to pets, fight with other dogs, and/or harass, threaten or injure a person or animal. Any animal in any park in violation of this Section may be impounded, at the expense of the animal's owner, on the order of any Animal Control or Police Officer. The prohibitions of this Chapter do not apply to service animals while performing their qualifying services, or to animals in the course of official police or rescue activities. CIM/ordinance/Leash-free Parks/Page 1 of 2 Section 3. Section 6.20.260 of the Yakima Municipal Code is amended to read as follows: 6.20.260 Leashes required. (1) Except as provided in Section 13.16.115 of the Yakima Municipal Code, 4it is unlawful for the owner or custodian of any dog to cause, permit or allow such dog to roam, run, stray or to be away from the premises of such owner or custodian and to be on any public place, or on any public property, or the private property of another in the city of Yakima, unless such dog, while away from such premises, is controlled by a leash or chain not more than eight feet in length, such control to be exercised by such owner or custodian or other competent and authorized person; and any dog roaming, running, straying or being away from such premises and not on a leash as herein provided may be impounded subject to redemption in the manner provided by ordinance. (2) It is unlawful for the owner or custodian of a potentially dangerous dog, as defined in this chapter, to cause, permit or allow such dog to be off the premises of such custodian or owner unless such dog is under the direct control of an adult person by means of a leash or chain not more than eight feet in length and a muzzle. (3) Penalties. Anyone violating or failing to comply with the provisions of this Section shall be punishable by civil penalties as set forth in YMC 6.20.440. Section 4. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2015. ATTEST: Micah Cawley, Mayor Sonya Claar-Tee, City Clerk Publication Date: Effective Date: CIM/ordinance/Leash-free Parks/Page 2 of 2 Distribute ;they/. Meeting Price, CaIIy From: web@yakimawa.gov Sent: Monday, July 06, 2015 11:19 AM To: City Council Subject: Council Contact Web Submission Name RON KRUEGER Address 822 N 51ST AVE, Washington YAKIMA United States Map It Email KRUEGER53RON(c�YAHOO.COM Subject IRRESPONSIBLE DOG OWNERS Message I understand that Gilbert park is to become an off leash park with no fences In my experience with no fence off leash parks is that they do not work unless the dog owners are responsible with keeping their dogs under control I had a heart transplant 1 5 years ago and before that for almost two years I had a heart pump implanted to keep me alive until a heart was found During this time I took my dog for a walk at Gilbert Park when an off leash dog ran to me and knocked me down and started a fight with my dog Had this dog become tangled in the wires that exited my abdomen and connected to batteries that ran my pump and broke them I would have been dead within minutes I told the owner that was why tha; e is a leash law Another time at the same park a group of people with a number of off leash dogs ranging in size from a St Bernard to a small terrier type dog were walking when one of the dogs took off chasing something and several of the people were yelling at the dogs trying to stop it. Again I said if they were on a leash this would not happen. This caused one of the men to argue with me and call me a crazy guy I told him I would talk with the police and we would see who was crazy I a! (ways ask them if they were aware of the leash law and without exception the always say yes but my dog is a good dog and does not have bad behavior I would tell them I am sure the lady that had her leg broken at Gilbert park by a Newfoundland dog when it knocked her over would disagree with that as would the man that was attacked by a black lab that he had to shot and kill. I later found out when I talked with animal control that this group of people had been warned several times about not having their dogs on leashes. I asked why they do not ticket them because all they are now doing is thumbing their nose at animal control knowing nothing will happen All dogs are capable of misbehavior if their owners do not keep them under control at all times. This sort of thing has happened to me at Randall Chesterley And Franklin parks I spoke with a worker at Chesterly park and he told me that there was a woman with a large dog that was off leash and would always chase him and he had to run and jump into his truck to get away from the dog He said when he told the woman that her dog was supposed to be on a leash she put a leash on the dogs collar and then dropped the leash on the ground and told the man there my dog is on a leash and went on her way These are just some of the attitudes that I have run into while walking my dog, and I am not the only person that has had problems like this, I admit I am probably in the minority that will take the owners of the dogs to task because they have endangered my life as well as broke the law The following happened yesterday at Gilbert Park. It was approx 8 30 pm and I had just taken my dog out of my car when four husky type dogs, these were friends of the group that had been warned several times, ran towards my car as I was trying to get my dog back in my car These dogs all had their teeth bared, heads lowered and hair standing up, all which are signs of aggression I ask the man and woman to please call their dogs off and they tried to but the dogs did not respond very quickly I had my dog's ramp in my hands so I pushed it at the dogs to try and get them to leave The woman did get two of the dogs on leash and took them to the car The man, however, started to argue with me when I asked why his dogs were off leash He said oh I know who you are you are that crazy guy Yes if reminding people of the leash law makes me crazy then I am guilty I told him about the dog that knocked me over and almost broke my heart pump wires which would have killed me! and his response was, "Maybe next time the dogs wills do a better job" meaning he hoped the dogs would kill me What a great person to have walking dogs off leash and living in Yakima and thinking he is the cream of society and does nothing wrong I told him that if his dogs ever attacked me they would be dead and I had already talked with the police about my right to protect myself if this happened and was told I was within my rights to kill the dog if it was going to harm me Now if you think I hate animals, I do not. I love all animals and go out of my way to save baby birds, injured dogs and cats and other animals I happen to find I even stopped to try and help a lady deliver a calf that was still born I spent several hours in a 1 field off the highway with my arms inside this cow trying to tie a rope around the calf in order to pull it out and save the cow, unfortunately we were not successful It is the irresponsible dog owners that I have a problem with and wish that Yakima police and or animal control would get serious about enforcing the law If you think it would cost too much to patrol the parks, at one park within an hour's time I counted 10 dogs off leash, at $250 per dog the money adds up I have also watched animal control drive through a parks parking lot and spend maybe one or two minutes at the most, not enough time to do anything. I sincerely hope that you reconsider making Gilbert park an off leash park with no fences What you will be doing is giving the park over to a few who leave dog crap every where do not always maintain control of their dogs and cause a danger to other dogs and people, especially the small kids Sincerely, Ron Krueger, Yakima 2