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HomeMy WebLinkAboutOrd 1358-2005 ORDINANCE NO. 1358-2005 AN ORDINANCE ADDING THREE NEW SECTIONS TO CHAPTER 36 OF TITLE 10 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, PROHIBITING THE PRESENCE OF BOTH LEASHED AND UNLEASHED DOGS IN CITY PARKS ON DAYS WHEN PARKS OR PARK FACILITIES HA VE SCHEDULED SPECIAL EVENTS, AND PROVIDING FOR PENALTIES FOR VIOLATION AND IMPOUNDMENT OF OFFENDING ANIMALS RECIT ALS WHEREAS, section 10.36.090 of the South San Francisco Municipal Code currently requires that owners of dogs Inay not suffer or pennit a dog within a City park unless the dog is led by a leash of suitable strength not Inore than six feet in length; and WHEREAS, City parks serve as the site for a nUlnber of specially pennitted events throughout the year, with large nUlnbers of attendees and high nUlnbers of park visitors; and WHEREAS, Staff has reported a nUlnber of disruptive and potentially dangerous incidents and encounters involving both leashed and unleashed dogs during special events, with dogs growling and lunging at both people and other leashed and unleashed anilnals; and WHEREAS, in order to ensure the safety and welfare of park users, participants in special park events, dog owners, and the anilnals thelnselves, the City Council has detennined that no dogs should be allowed in City parks on those days when the park is host to a specially pennitted event. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. Three new sections 10.36.095 "DOGS PROHIBITED IN PARKS DURING SPECIAL EVENTS," 1 0.36.096 "PENALTY FOR VIOLATION" and 1 0.36.097 "IMPOUNDMENT" are hereby added to Chapter 36 of Title 10 of the South San Francisco Municipal Code, to read as follows: 10.36.095 Dogs Prohibited in Parks during Special Events Notwithstanding section 10.36.090, no dog, whether leashed or unleashed, shall be pennitted within a City park on any day on which the park is host to a special event pennitted under section 10.36.210, unless the terms of the pennit issued expressly allow for the presence of dogs. This prohibition shall not apply to any service anitnals, guide dogs, or seeing-eye dogs used by a visually or Inobility-itnpaired park visitor. 10.36.090 Penalty for Violation Any person violating 10.36.096 of the South San Francisco Municipal Code shall be guilty of a Inisdemeanor and upon conviction; such person shall be punished as set forth in Chapter 1.24 of the South San Francisco Municipal Code. 10.36.097 Impoundment of Animals In addition to the penalty provided for by section 10.36.96, any dog in a City park in violation of section 10.36.95 of the South San Francisco Municipal Code shall be subject to ilnpoundment under the procedures provided for in Chapter 4.140-210 of Title 9 of the South San Francisco Municipal Code if its owner refuses a police directive to relnove the animal from the event. SECTION 2. SEVERABILITY. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3. PUBLICATION & EFFECTIVE DATE This Ordinance shall be published once, with the nmnes of those City Councihnembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall becOlne effective thirty (30) days frOln and after its adoption. * * * * * Introduced at a regular lneeting of the City Council of the City of South San Francisco, held the 22ncl day of June 2005. Adopted as an Ordinance of the City of South San Francisco at a regular lneeting of the City Council held the 13th day of July 2005, by the following vote: AYES: Councihnelnbers Pedro Gonzalez and Karvl Matsumoto, Mayor Pro Teln Joseph A. F emekes and Mayor RaYlnond L. Green NOES: ABSTAIN: ABSENT: Councihnelnber Richard A. Garbarino ATTEST: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 13th day of July 2005.