Loading...
21-CITY ORDINANCE PROHIBITION OF ANIMALS AT CITY PARKSSubmittal Date: 02/O 1 /2011 Council Date: mi14/2011 CITY COUNCIL AGENDA ITEM BRIEFING SHEET enda Item No.: Originating Department: Presented By: ~ Police RECOMMENDED MOTION: Not an action item - first reading Chief Hundley POLICY ISSUE(S): City Ordinance Section 5-2 Amendment, Prohibition of Animals at City Parks 21. BACKGROUND: In December of 2006, an ordinance was passed prohibiting any animal running at large, leashed or unleashed at any city park with the exception of Dragon Park. The concerns at the time the ordinance was passed involved the potential of dog bites and possible city liability for allowing the animals at the parks. We have received several requests from citizens, along with the Friends of the Trail to reconsider this prohibition for the Trail De' Paris. The prohibition of allowing leashed dogs on the trail is considered a deterrent to its use. There is also an enhanced level of security for people while on the trail who are walking dogs. We think the prohibition of leashed animals at ball parks and other static city venues is fine. We think allowing leashed dogs on the trail will encourage more use along with greater security for the citizens who choose to exercise along with their companion animal. The trail now extends into the Reno city limits. The city of Reno has decided to allow leashed dogs on that portion of the trail. We don't want confusion for citizens as to which part of the trail they can or cannot walk their dogs. BOARD/ COMMISSION RECOMMENDATION: EXHIBITS: Ordinance ACTION: BUDGET INFO: $ ❑ Financial Report ❑ Minute Order Expense ~ Department Report ❑ Resolution Budgeted Amt. $ Presentation E Ordinance y'I'D Actual $ ~ Public Hearing ❑ Other Acct. Name Acct. Number FiscAL NoTES: REVIEWED AND APPROVED BY: n Administration ❑ Municipal Court ~ City Clerk ❑ Community Development ❑ EMS/IT 0 Legal ❑ Library 0 Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities Revised 2/04/08 City of Paris 157 DRAFT S:\ORDWORK\CURRENT\Amend Sec. 5-2 to include Trail 0RD 2011.docx ORDINANCE N0. AN ORDINANCE OF THE CITY COUNC[L OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 5-2, RUNNING AT LARGE OR WALKING UPON DESIGNATED WALKING TRACKS AND OTHER PUBLIC PLACES IN THE CITY OF PARIS PROHIBITED, OF CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY AMENDING SECTION 5- 2 TO DESIGNATE THE TRAIL DE PARIS AS A DESIGNATED PUBLIC PLACE WHERE THE WALKING OF DOGS ON LEASHES IS PERMITTED; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Trail de Paris is now a part of the parks of the City of Paris and therefore, fall under the same ordinances, but require clarification within certain sections of the Code of Ordinances; and WHEREAS, the City Council of the City of Paris hereby finds and determines that the changes recommended below are in the best interest of the City of Paris and its citizens and should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Sec. 5-2, Running at large or walking upon designated walking tracks and other public places in the City of Paris prohibited of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read as follows and all remaining subsections to be renumbered accordingly: "Sec. 5-2. Running at large on public property or on the private property of another person; dogs prohibited at certain public places. (a) It shall be unlawful for any person owning or keeping any animal to suffer or permit such animal to run at large upon the public streets, avenues, alleys, parks or other public property of the City, or to suffer or permit any animal to run at large or go upon any premises owned or in the possession of any other person in the City. (b) It shall also be unlawful for any person to walk, suffer, or permit any animal to walk or to run, with or without a leash, rope, chain, tether, or harness, upon any public property, public parks, ball fields, sports complexes, )5g swimming pool areas or recreation centers in the City of Paris. Provided, however, this prohibition does not bar the walking of dogs on the Trail de Paris or the Dragon Park Walking Trail as long as the dog is properly restrained on a leash or harness." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. The repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. It is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. Any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. That by a supermajority vote of ayes and nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 8. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 14th day of February, 2011. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk )5~ APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 5~ (c~