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Adopted Ordinance 2021
ORDINANCE No. 2021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, AMENDING GLENDORA MUNICIPAL CODE SECTION 8.08.075 ENTITLED DOGS PROHIBITED ON PUBLIC PROPERTY-EXCEPTIONS TO PROHIBIT DOGS IN CERTAIN PUBLIC PARKS TO ADD THE GLENDORA ARBORETUM AND BOTANICAL GARDEN TO THE LIST OF PARKS THAT PROHIBIT DOGS.
THE CITY COUNCIL
City of Glendora, California
THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the City of Glendora is a general law city;
WHEREAS, California Government Code Section 37100 and California Constitution Article II, Section 7 provides that a legislative body may pass Ordinances not in conflict with the Constitution and the laws of the State or the United States; and
WHEREAS, the City Council desires to update the Glendora Municipal Code to permit dogs in public parks, with specified condition and exceptions.
NOW, THEREFORE, the City Council of the City of Glendora, California, does hereby ordain as follows:
SECTION 1. Section 8.08.075 of the Glendora Municipal Code is hereby amended to read as follows:
8.08.075 Dogs prohibited on public property – Exceptions
(a) It is unlawful for any person to permit any dog owned by him or her, or then under his or her immediate control, to be in any public park, playground or recreation area or other public property upon which there is a posted sign giving notice that dogs are prohibited from use of such property, unless the dog is participating in a regularly organized pet show or animal training class approved by the public recreation director and then in progress.
(b) The provisions of subsection (a) of this section and any similar requirement contained in the city’s animal control regulations shall not apply to the following:
(1) Any dog used by a law enforcement agency;
(2) A visually impaired person accompanied by a guide dog;
(3) Dogs are allowed in all Glendora city public parks, except for Louie Pompei Memorial Sports Park, Manooshian Park, Sanburg Park and Glendora Arboretum and Botanic Garden.
(c) In order to be subject to the exception set forth in subsection (b)(3) of this section, all persons shall comply with all requirements of law and the following rules and regulations:
(1) All dogs must be securely restrained by a leash not exceeding six feet in length, of sufficient strength to prevent the escape of such dog.
(2) All dogs must be in the care, custody and control of a person at least eighteen years old. Any person under eighteen years of age must be accompanied by and be under the direct supervision of an adult to enter the park with the on-leash dog. No adult may have more than one dog in the public park at any one time. All dogs must be under the voice control of their caretakers at all times. Dogs shall not be left unattended at any time.
(3) All dogs must be at least four months of age, vaccinated for rabies, currently licensed by the city’s animal control authority and wear a collar with up-to-date tags while in the park. No dog that is sick, in heat, injured, or less than four months of age, or which displays aggressive behavior towards other dogs or humans is permitted in any public park.
(4) Any person having care, custody or control of a dog in the public park shall quiet or remove the dog if it barks and shall promptly remove and properly dispose of any waste deposited by such dog. The owner or person in custody of the dog shall carry a suitable container or instrument for the removal and disposal of dog feces.
(5) The designated hours of use for the public park shall coincide with the regular hours of the park.
(6) All persons will otherwise comply with all rules governing city parks and all relevant parking regulations.
(7) Dogs are not permitted in or around child play areas or organized sporting events.
(8) Dogs shall not interfere with, bother or harass park users, groups, or other animals or wildlife.
(9) The presence of a dog in the park shall constitute implied consent of the dog’s owner or any person having the care, custody or control of the dog, to strictly follow the rules of this section and shall constitute a waiver of liability to the city, its elected officials, officers, and employees, an assumption of all risks, and an agreement and undertaking to protect, indemnify, defend and hold harmless the city, its elected officials, officers and employees, for any injury or damage to persons or property during any time that the dog is in the park.
(d) Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b).
SECTION 2. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (GC § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.
PASSED, APPROVED and ADOPTED this 26th day of September, 2017.
City Council of Glendora, California
BY: GARY BOYER,
APPROVED AS TO FORM:
D. WAYNE LEECH, City Attorney
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 12th day of September, 2017. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 26th day of September, 2017, by the following roll call vote:
AYES: COUNCIL MEMBERS: Allawos, Davis, Nelson, Thompson and Boyer.
NOES: COUNCIL MEMBERS: None.
ABSENT: COUNCIL MEMBERS: None.
ABSTAIN:COUNCIL MEMBERS: None.
I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the 12th day of October, 2017.
Dated: September 27, 2017
KATHLEEN R. SESSMAN, City Clerk