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
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APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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