Loading...
ITEM 5.2TY 0 ot 1e F 0 MINNE$0TA g DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR, MEETING DATE, Community Development City Planner Licht 22 October 2012 PRE SENTER(s): REVIEWED BY' ITEM #' Consent Agenda City Administrator Johnson 5.2 — Dog Leash Ordinance AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of an ordinance amending the City Code to require dogs to be controlled by being physically leashed or by use of an electronic collar when public or in City Parks, other than designated off -leash areas. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? No. I No. BACKGROUND/JUSTIFICATION: City staff was contacted by a resident with a concern about the City's existing City Code regarding dogs being required to be leashed or under voice command both in public, including on streets or sidewalks, and within City parks and trails. The resident had also contacted a City Council member this issue. Section 5-1-3.A of the City Code prohibits dogs to be running at large requiring that they be leashed or under the control and direction of a responsible person so as to be effectively restrained by command as by leash when upon public streets or other public areas. This requirement is repeated in Section 6-7-5.0 of the City Code regulating use of City parks and trails. A resident is requesting the City Council consider amending the City Code to remove the provision allowing dogs not to be physically leashed on the basis that an owner may believe the dog to be under control off -leash but that a reaction by the dog to a situation may cause risk to public safety. With the continued development in Otsego, there are higher residential densities, more parks and trails used by people for various recreational activities and greater use of streets and sidewalks for the same purpose. As such, amending the City Code to require that dogs be physically leashed may be an appropriate preventive measure to protect public safety when owners and their dogs are in public locations. A survey as to whether a dog is required to be physically leashed at all times as regulated by other cities in the surrounding area is included below: City Parks /Trai Is/Schoo Is Public Streets Otsego Vo ice Voice Albertville Leashed Voice Dayton Leashed Leashed Elk River Leashed Leashed Maple Grove Leashed Leashed Monticello Leashed Voice Ramsey Leashed Leashed Rogers %�I-.r Leashed Leashed St. Michael Voice Voice L— City staff brought this issue to the City Council Administrative Subcommittee for discussion and direction as to possible amendments of the City Code. The Administrative Subcommittee recommended revising the City Code to require dogs in the public, including on streets and sidewalks, be required to be physically leashed. The Administrative Subcommittee further recommended that the Parks and Recreation Commission review the issue relative to whether dogs are to be required to be physically leashed within City parks or on City trails. The Parks and Recreation Commission considered the issue at their meeting on 10 October 2012. Specific to the issue of dogs being off leashed in City parks, the Parks and Recreation Commission has identified development of a dog park as a priority. While there are issues being resolved related to the proposed site of the dog park, other parks within the City's existing system offer opportunities for off - leash dog activities. These include Prairie Park and the park at Waterfront East which have passive open areas where a dog can be off -leash without causing conflict with other park users. On the other hand, allowing dogs to be off -leash in neighborhood park facilities where there are more active play areas oriented to children may cause potential issues. The Parks and Recreation Commission therefore recommends that the City Code be modified to require dogs be leashed within City parks and trails except for those areas specifically designated as off -leash areas. The Parks and Recreation Commission further recommend that Waterfront East Park and the west portion of Prairie Park be designated as off - leash dog areas. SUPPORTING DOCUMENTS: a ATTACHED ri NONE A. Draft Ordinance B. Ordinance 2012-14 C. Waterfront East Map D. Prairie Park Map MOTION: (Please word motion as you would like it to appear in the minutes.} Motion to adopt Ordinance 2012-14 amending the City Code regarding dog leash requirements and also designation of Waterfront East Park and the west portion of Prairie Park as off -leash areas. BUDGET INFORMATION FUNDING: I BUDGETED: DYES T« TACE Ei APPROVED AS REQUESTED o DEFIED D TABLED o OTHER (List changes) COMMENTS: ORDINANCE NO.: 2012-14 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REGARDING LEASH REQUIREMENTS FOR DOGS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1, Section 5-1-3.A of the City Code is hereby amended to read as follows: A. Running at Large Prohibited. It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, or the parents or guardians of any such person under eighteen (18) years of age, to run at large. Dogs or cats physically restrained on a leash or using an electronic remote collar and accompanied by and under the control and direction of a responsible person so o -bin Intowzhi roczfrAinorl hNi no, an nc: hu-Ionch %�r %.Prt I%wFWLI shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited". Section 2. Section 6-7-5 of the City Code is hereby amended to read as follows: 6-7-5: ANIMALS: A. No person shall take or allow to be taken upon any City of Otsego park or trail any animal except as provided for by this Section. 111 ROME & NJII PW �AL (k �4m�ommomm JkwrA E K�Iwj= K�A� A w� L%wAwl �!wAb"AM&oo� II �bPAL-A N L-A 0 �V.B -LWARI I X-5 L�IPW I IIJ 1111LOE11111110- A% ift—Iii Effe"YAQ ad dt 's an in P A "Na am m ilp Re. 0 ae C—M a LIELli ii AL4WL1KlELqF ffn Ln W Ldffi� 0 0 LWA W LRI K �Rlt 10 0 FAVwXll� 9P WA niv�o a 0 4 EAM-1SAF-$=K--MT'Tjb Kd� I E I M K -W3 MUMAW�= lit TR qV1 iIijjjr P3LdF.LwjjK'MLWJLM!3LWjXZLW IK 21WA 0 0 KWWWA jhk PILWlm "Aali@E LV&wA �q Kim! jijj� GB. The domestic animal shall be under phvsical restraint on a leash or using -an, electronic remote collar and accompanied by and under the control and direction of a responsible person - and not permitted to run at large at any time within any City of Otsego park or trail unless within an area specifically designated by the City Council for off -leash activities. .A. al an Ir ni %eW Ws t 1i nW %al In i Imb I %al 11 1i s %A, tn rl a r r a cz f r::z 'n t i A i h sa n a f kne-al 21 -A-E IL � N L-A W 0 IL-X-X-X-X-ALdr. 10 1 & MFA E WAL—A IL -111t I Lw-WwJL11 OLw—U I C. Any female domestic animal in heat or season shall be prohibited from any City of Otsego park or trail. E- D. Any person having custody of the domestic animal shall have in their immediate physical possession a means to collect and sanitarily dispose of and shall immediately collect and remove any and all feces deposited by the domestic animal within any City of Otsego park or trail. F- E. Horses shall only be allowed upon City of Otsego parks and trails specifically designated for such use by the City Council. Any person having custody of the domestic animal shall have in their immediate physical possession a means to collect and sanitarily dispose of any and all animal fecal matter and shall immediately collect and remove any and all feces deposited by the horse within any City of Otsego park or trail. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22 d day of October, 2012. ATTEST: Tami Loff, City Clerk 2 CITY OF OTSEGO Jessica L. Stockamp, Mayor ORDINANCE NO.: 2012-14 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REGARDING LEASH REQUIREMENTS FOR DOGS, THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1, Section 5-1-3.A of the City Code is hereby amended to read as follows: A. Running at Large Prohibited. It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, or the parents or guardians of any such person under eighteen (18) years of age, to run at large. Dogs or cats physically restrained on a leash or using an electronic remote collar and accompanied by and under the control and direction of a responsible person shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited'. Section 2. Section 6-7-5 of the City Code is hereby amended to read as follows: 6-7-5: ANIMALS: A. No person shall take or allow to be taken upon any City of Otsego park or trail any animal except as provided for by this Section. B. The domestic animal shall be under physical restraint on a leash or using an electronic remote collar and accompanied by and under the control and direction of a responsible person and not permitted to run at large at any time within any City of Otsego park or trail unless within an area specifically designated by the City Council for off -leash activities. C. Any female domestic animal in heat or season shall be prohibited from any City of Otsego park or trail. D. Any person having custody of the domestic animal shall have in their immediate physical possession a means to collect and sanitarily dispose of and shall 1 immediately collect and remove any and all feces deposited by the domestic animal within any City of Otsego park or trail. E. Horses shall only be allowed upon City of Otsego parks and trails specifically designated for such use by the City Council. Any person having custody of the domestic animal shall have in their immediate physical possession a means to collect and sanitarily dispose of any and all animal fecal matter and shall immediately collect and remove any and all feces deposited by the horse within any City of Otsego park or trail. Section 3. This Ordinance shall become effective immediately upon its passage and publication. LM WN M Z SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22nd day of October, 2012. ATTEST: Tami Loll, City Clerk 0 CITY OF OTSE-00 0 WYA Jessica L. Stockamp, Mayor Wafieri`ron East- Dog Area OF N rpL :fir Date Created: 10/15/2012