City Council Agenda Item Report
City Council Agenda Item Report July 5, 2016
Agenda Item No.
Contact – Drew Wells, City of Buda, 512-295-7170 [email protected] Subject: Deliberation and possible action regarding an Ordinance on first and final reading amending Article 18.02 of the Code of Ordinances setting forth Dog Park Rules and Regulations; providing for a penalty; providing for associated fees; providing an effective date; and providing for a severability clause and repealing conflicting ordinances or resolutions
1.
Background / History The Parks and Recreation Commission discussed and reviewed the proposed rules and regulations of the dog park facility at their regular business meeting on May 18th. Several citizens participated in the discussion of the rules as well as Animal Control Officer Jennifer Hall. The rules will need to be adopted and incorporated in our Code of Ordinances. The park is anticipated to open in mid to late July.
2.
FINDINGS/CURRENT ACTIVITY The Parks and Recreation Commission are forwarding a recommendation to amend the ordinance to establish rules and regulations for the dog park facility. Staff concurs with the recommendation to amend the ordinance. The city attorney’s office has reviewed the proposed changes and approves as to form.
3.
FINANCIAL IMPACT Minimal costs for appropriate signage.
4.
ACTION OPTIONS/CONSIDERATION Approve or deny the proposed changes to amend Ordinance Article 18.02.070.
ORDINANCE NO. _____-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUDA, HAYS COUNTY, TEXAS, AMENDING SECTION 18.02 OF THE CODE OF ORDINANCES SETTING FORTH DOG PARK RULES AND REGULATIONS; PROVIDING FOR A PENALTY; PROVIDING FOR ASSOCIATED FEES; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City Council finds the City of Buda is a Texas Home-Rule Municipality as that term is defined by Texas law; and WHEREAS, the City Council finds amending the Code of Ordinances as more specifically set forth herein with the provisions of this Ordinance will promote the health, safety, morals and the general welfare of the City of Buda and its surrounding areas; and WHEREAS, this Ordinance was adopted at a meeting held in strict compliance with the Texas Open Meetings Act; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS: Section 1: The City of Buda Code of Ordinances Article 18.02 is amended to add the following Section 18.02.070: Section 18.02.070
Dog Park Rules and Regulations
The following rules will apply to any off-leash dog recreation area and shall be posted: USE OF THE DOG PARK IS AT YOUR OWN RISK! THE CITY OF BUDA SHALL ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURIES IN THIS FACILITY. DOG OWNERS/HANDLERS ARE RESPONSIBLE FOR THE ACTIONS, BEHAVIOR, DAMAGES AND INJURIES INFLICTED BY THEIR DOG(S). PLEASE FAMILIARIZE YOURSELF WITH THE RULES BELOW SO THAT EVERYONE MAY ENJOY THE PARK. HOURS: DAWN TO DUSK, WEATHER AND CONDITIONS PERMITTING. (a) This Facility is for use by dogs, their owners/handlers, and their human guests only. No other animals or uses are permitted. (b) Leashes may be removed inside the fenced Off-Leash Areas of the Facility only.
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(c) All dogs must be under control and in view of the owner/handler at all times. Dogs must be supervised by persons seventeen (17) years of age or older. (d) No children age 12 or younger are allowed in the Dog Park. Children ages 13 through 17 must be accompanied by an adult. Permitted children must be supervised by the adult & behave appropriately: No running, shouting, chasing dogs, or petting other people’s dogs without the owner’s permission. (e) Limit of two (2) dogs per person in the Facility at any time. (f) Dog owners/handlers are liable for any injuries or damage caused by their dogs. Any bites or scratches must be reported to Buda Animal Control office. Any instance of a bite or scratch to a person must be reported to Buda Animal Control in accordance with Texas State Law, Chapter 826.021, THSC. (g) Dog owners/handlers are responsible for picking up and disposing of their dog’s waste, repairing any damage done by their dogs. (h) All dogs must wear a collar or harness with current rabies vaccination tag and registration tags displayed. Dog owners/handlers must have a current rabies vaccination certificate available and comply with current Buda Animal Control Ordinances. Owners must remove pinch, prong or spiked collars before entering the Off-Leash area to prevent injuries. (i) No person shall bring into an Off-Leash area a dog where a court has made a determination that such dog is a dangerous dog or a dog that is known, or should have been known, by its owner to display aggressive behavior towards other animals or humans. Dogs that are showing any aggressive behavior or high levels of excitement shall be leashed and removed from the Facility immediately upon first sign of aggression or over excitement. Dogs with two (2) documented incidents of aggression are banned from the park. (j) Dogs under four (4) months of age are not allowed in the Facility. (k) Female dogs using the Facility must not be in heat and all dogs must be healthy and free of parasites. (l) The small dog Off-Leash Area is for dogs less than thirty (30) pounds only. The large dog OffLeash Area is for dogs weighing thirty (30) pounds or more. Small dogs are permitted in the large dog Off-Leash Area but enter at your own risk. (m) Dog owners/handlers must carry leash (one per dog) while in the Facility. Dog Owners/Handlers may not chain or tether a dog with any restraint unless said person is holding the restraint upon City property. (n) No food (dog or human) or training treats or toys allowed in the Facility. (o) Glass containers, alcohol and tobacco of any kind are prohibited in the Facility. (p) Bicycles, skateboards, rollerblades and motorized vehicles are prohibited in the Facility. (q) Professional trainers are not allowed to use the Facility for training purposes.
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(r) No fundraisers can be conducted on park property without the prior approval of the Park and Recreation Department. (s) Park is subject to closure upon determination by the City that there is a reason deemed to be in the public’s interest or safety. (t) Any person who shall violate any of the provisions of this section shall be charged with a Class C misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) on a per occurrence and/or per day basis. Section 2: If any clause or provision of this Ordinance shall be deemed to be unenforceable for any reason, such unenforceable clause or provision shall be severed from the remaining portion of the Ordinance, which shall continue to have full force and effect. Section 3. repealed.
All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly
Section 4: Passage. Pursuant to Section 3.11(A) of the City Charter, if the Council determines that the first reading of this ordinance is sufficient for adequate consideration by an affirmative vote of five or more members of the City Council during the first reading and the Ordinance is passed by a the affirmative vote of four or more members of the City council, this Ordinance is adopted and enacted without further readings. In the event a second reading is necessary, this Ordinance is adopted and enacted upon the affirmative vote of four or more members of the City Council upon second reading. Section 5. Effective Date. Pursuant to Section 3.11(D) of the City Charter, this ordinance is effective upon adoption, except that every ordinance imposing any penalty, fine or forfeiture shall become effective only after having been published once in its entirety, or a caption that summarizes the purpose of the ordinance and the penalty for violating the ordinance in a newspaper designated as the official newspaper of the City. An ordinance required by the Charter to be published shall take effect when the publication requirement is satisfied. PASSED, APPROVED AND ADOPTED by the City Council of the City of Buda, on this the _____ day of _ _____, 2016. APPROVED: __________________________ Todd Ruge, Mayor ATTEST: (CITY SEAL) __________________________ City Secretary City of Buda, Texas
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Agenda Item No.
Contact – Drew Wells, City of Buda, 512-295-7170 [email protected] Subject: Deliberation and possible action regarding an Ordinance on first and final reading amending Article 18.02 of the Code of Ordinances setting forth Dog Park Rules and Regulations; providing for a penalty; providing for associated fees; providing an effective date; and providing for a severability clause and repealing conflicting ordinances or resolutions
1.
Background / History The Parks and Recreation Commission discussed and reviewed the proposed rules and regulations of the dog park facility at their regular business meeting on May 18th. Several citizens participated in the discussion of the rules as well as Animal Control Officer Jennifer Hall. The rules will need to be adopted and incorporated in our Code of Ordinances. The park is anticipated to open in mid to late July.
2.
FINDINGS/CURRENT ACTIVITY The Parks and Recreation Commission are forwarding a recommendation to amend the ordinance to establish rules and regulations for the dog park facility. Staff concurs with the recommendation to amend the ordinance. The city attorney’s office has reviewed the proposed changes and approves as to form.
3.
FINANCIAL IMPACT Minimal costs for appropriate signage.
4.
ACTION OPTIONS/CONSIDERATION Approve or deny the proposed changes to amend Ordinance Article 18.02.070.
ORDINANCE NO. _____-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUDA, HAYS COUNTY, TEXAS, AMENDING SECTION 18.02 OF THE CODE OF ORDINANCES SETTING FORTH DOG PARK RULES AND REGULATIONS; PROVIDING FOR A PENALTY; PROVIDING FOR ASSOCIATED FEES; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City Council finds the City of Buda is a Texas Home-Rule Municipality as that term is defined by Texas law; and WHEREAS, the City Council finds amending the Code of Ordinances as more specifically set forth herein with the provisions of this Ordinance will promote the health, safety, morals and the general welfare of the City of Buda and its surrounding areas; and WHEREAS, this Ordinance was adopted at a meeting held in strict compliance with the Texas Open Meetings Act; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS: Section 1: The City of Buda Code of Ordinances Article 18.02 is amended to add the following Section 18.02.070: Section 18.02.070
Dog Park Rules and Regulations
The following rules will apply to any off-leash dog recreation area and shall be posted: USE OF THE DOG PARK IS AT YOUR OWN RISK! THE CITY OF BUDA SHALL ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURIES IN THIS FACILITY. DOG OWNERS/HANDLERS ARE RESPONSIBLE FOR THE ACTIONS, BEHAVIOR, DAMAGES AND INJURIES INFLICTED BY THEIR DOG(S). PLEASE FAMILIARIZE YOURSELF WITH THE RULES BELOW SO THAT EVERYONE MAY ENJOY THE PARK. HOURS: DAWN TO DUSK, WEATHER AND CONDITIONS PERMITTING. (a) This Facility is for use by dogs, their owners/handlers, and their human guests only. No other animals or uses are permitted. (b) Leashes may be removed inside the fenced Off-Leash Areas of the Facility only.
Page 1 of 3
(c) All dogs must be under control and in view of the owner/handler at all times. Dogs must be supervised by persons seventeen (17) years of age or older. (d) No children age 12 or younger are allowed in the Dog Park. Children ages 13 through 17 must be accompanied by an adult. Permitted children must be supervised by the adult & behave appropriately: No running, shouting, chasing dogs, or petting other people’s dogs without the owner’s permission. (e) Limit of two (2) dogs per person in the Facility at any time. (f) Dog owners/handlers are liable for any injuries or damage caused by their dogs. Any bites or scratches must be reported to Buda Animal Control office. Any instance of a bite or scratch to a person must be reported to Buda Animal Control in accordance with Texas State Law, Chapter 826.021, THSC. (g) Dog owners/handlers are responsible for picking up and disposing of their dog’s waste, repairing any damage done by their dogs. (h) All dogs must wear a collar or harness with current rabies vaccination tag and registration tags displayed. Dog owners/handlers must have a current rabies vaccination certificate available and comply with current Buda Animal Control Ordinances. Owners must remove pinch, prong or spiked collars before entering the Off-Leash area to prevent injuries. (i) No person shall bring into an Off-Leash area a dog where a court has made a determination that such dog is a dangerous dog or a dog that is known, or should have been known, by its owner to display aggressive behavior towards other animals or humans. Dogs that are showing any aggressive behavior or high levels of excitement shall be leashed and removed from the Facility immediately upon first sign of aggression or over excitement. Dogs with two (2) documented incidents of aggression are banned from the park. (j) Dogs under four (4) months of age are not allowed in the Facility. (k) Female dogs using the Facility must not be in heat and all dogs must be healthy and free of parasites. (l) The small dog Off-Leash Area is for dogs less than thirty (30) pounds only. The large dog OffLeash Area is for dogs weighing thirty (30) pounds or more. Small dogs are permitted in the large dog Off-Leash Area but enter at your own risk. (m) Dog owners/handlers must carry leash (one per dog) while in the Facility. Dog Owners/Handlers may not chain or tether a dog with any restraint unless said person is holding the restraint upon City property. (n) No food (dog or human) or training treats or toys allowed in the Facility. (o) Glass containers, alcohol and tobacco of any kind are prohibited in the Facility. (p) Bicycles, skateboards, rollerblades and motorized vehicles are prohibited in the Facility. (q) Professional trainers are not allowed to use the Facility for training purposes.
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(r) No fundraisers can be conducted on park property without the prior approval of the Park and Recreation Department. (s) Park is subject to closure upon determination by the City that there is a reason deemed to be in the public’s interest or safety. (t) Any person who shall violate any of the provisions of this section shall be charged with a Class C misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) on a per occurrence and/or per day basis. Section 2: If any clause or provision of this Ordinance shall be deemed to be unenforceable for any reason, such unenforceable clause or provision shall be severed from the remaining portion of the Ordinance, which shall continue to have full force and effect. Section 3. repealed.
All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly
Section 4: Passage. Pursuant to Section 3.11(A) of the City Charter, if the Council determines that the first reading of this ordinance is sufficient for adequate consideration by an affirmative vote of five or more members of the City Council during the first reading and the Ordinance is passed by a the affirmative vote of four or more members of the City council, this Ordinance is adopted and enacted without further readings. In the event a second reading is necessary, this Ordinance is adopted and enacted upon the affirmative vote of four or more members of the City Council upon second reading. Section 5. Effective Date. Pursuant to Section 3.11(D) of the City Charter, this ordinance is effective upon adoption, except that every ordinance imposing any penalty, fine or forfeiture shall become effective only after having been published once in its entirety, or a caption that summarizes the purpose of the ordinance and the penalty for violating the ordinance in a newspaper designated as the official newspaper of the City. An ordinance required by the Charter to be published shall take effect when the publication requirement is satisfied. PASSED, APPROVED AND ADOPTED by the City Council of the City of Buda, on this the _____ day of _ _____, 2016. APPROVED: __________________________ Todd Ruge, Mayor ATTEST: (CITY SEAL) __________________________ City Secretary City of Buda, Texas
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