6314 ORDINANCE NO. 6314
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 13.14 (DOG PARKS) TO TITLE 13 (PARKS AND
BOULEVARDS) OF THE ANAHEIM MUNICIPAL CODE
RELATING TO DOG PARKS AND AMENDING SUBSECTION
.010 OF SECTION 8.08.080 OF CHAPTER 8.08 OF TITLE 8
AND SUBSECTION .010 OF SECTION 13.08.020 OF
CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM
MUNICIPAL CODE TO BE CONSISTENT WITH THE
ADDITION OF SAID NEW CHAPTER 13.14 AND BASED
UPON THE FINDING AND DETERMINATION THAT SAID
ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE
CEQA GUIDELINES.
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare �of the City of Anaheim (the "City") and its residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA"} and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because
it will not result in a direct or reasonably foreseeable indirect physical change in the environment
and is not a project as defined in Section 15378 of the CEQA Guidelines; and
WHEREAS, the City Council determines that this ordinance is in accord with the public
purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That new Chapter 13.14 be, and the same is, hereby added to Title 13 of the Anaheim
Municipal Code to read in full as follows: �
"CAAPTER 13.14 DOG PARKS
Sections:
13.14.010 Title.
13.14.020 Definitions.
1314.030 Applicability of Chapter - Use of Dog Parks.
13.14.040 Administration. �
13.14.050 Dog Park Regulations and Limitations.
13.14.060 Enforcement; Violation.
13.14.010 TITLE.
This chapter is known as the "Dog Parks Ordinance," may be cited as such, and will be
referred to herein as "this Chapter".
13.14.020 DEFINITIONS.
The definitions contained in this section shall govern the construction, meaning and
application of words and phrases used in this Chapter.
(a) "Director" means the Director of the Department of Community Services or the
person designated by the Director of the Department of Community Services as the person
responsible far administering the provisions of this Chapter.
(b) "Dog" shall mean and include any canine (Canis familiaris).
(c) "Dog Park" shall mean and include a fenced area in a"public park" (as defined in
Section 13.08.10 of this Code), or any portion of a public park, or on any other City-
owned land approved and designated exclusively for exercise and recreation for dogs by
the City Council.
(d) "Person responsible for a dog" means a person either owning or having the
charge, care, control, possession or custody of a dog.
(e} "Vicious dog" means (i) any dog that, as determined by the Director, bites or
attempts to bite any human or dog without provocation, or which has a disposition or
propensity to attack, bite or menace any human or dog without provocation and
endangers the health and safety of any person, or (ii) any dog previously declared vicious
pursuant to Section 8.08.090 of this Code, and/or any other State or local law.
13.14.030 APPLICABILITY OF CHAPTER - USE OF DOG PARKS
The prohibition set forth in subsection .010 of Section 13.08.020 of Title 13 of this Code
against bringing, leaving, turning loose or allowing to go free any dog in or upon any public park
shall not apply to dogs which are in Dog Parks designated by the City Council for the exclusive
purpose of exercise and recreation by dogs and so long as the rules and regulations with respect
to the use of Dog Parks set forth in this Chapter are followed.
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13.14.040 ADMINISTRATION.
.010 The Director is authorized to administer the provisions of this Chapter.
.020 The Director is authorized to establisb and change from time to time rules and
regulations he or she may deem necessary and advisable to effectuate the purposes of the
regulations and limitations set forth in this Chapter. The Director shall consult with the Park and
Recreation Commission regarding the adoption or amendment of rules and regulations governing
Dog Parks; provided, however, that nothing in this section is intended to limit the City Council's
ability to enact rules and regulations governing the use of Dog Parks.
.030 The hours that members of the general public and dogs may be in Dog Parks shall
be set at the discretion of the Director and posted on signage at the entrance(s) to a Dog Park.
.040 Dog Parks may be closed at any time by the Director for the purpose of
maintenance, renewal, replacement or restoration, for the conduct of such events as dog
obedience classes, or for the public health, safety and welfare of the citizens of the City by
posting on signage at the entrance(s) to a Dog Park.
13.14.050 DOG PARK REGULATIONS AND LIMITATIONS
� The following regulations and limitations apply to the use of all Dog Parks:
.010 The sole or primary purpose of a Dog Park is for the exercise and recreation by
dogs that are under the control of an adult and for no other use or purpose. No person other than
an adult person responsible for a dog(s) and any other person or child under the age of eighteen
(18) who accompanies such adult person shall enter, remain or stay in a Dog Park.
.020 Each dog must be under the control of an adult person responsible for the dog,
and not more than three (3) dogs per adult are permitted.
.030 As a condition of admission to a Dog Park, a person responsible for a dog shall use
a suitable container or instrument to immediately remove and dispose of feces and shall dispose
of it in waste containers provided for that purpose. Any person responsible for a dog in a Dog
Park shall have in his or her possession a suitable container or instrument (other than articles of
clothing) for the purpose of complying with the requirements of this paragraph. The provisions
of this paragraph shall not apply to unsighted persons being accompanied by a guide dog.
.040 Dogs shall not be left unattended.
.050 Each dog must be under visual and voice control by the person responsible at all
times. Dogs that do not respond to voice commands are not permitted.
.060 Female dogs in estrus (heat cycle) are not permitted.
.070 A dog with a known communicable disease is not permitted.
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.080 Each dog must have current vaccinations and licenses.
.090 Dogs under four (4) months old are not permitted.
.100 Each dog must wear a flat collar with a visible, current county-registered dog tag.
Spiked collars on dogs are not pertnitted.
.101 Aggressive dogs are not permitted.
.102 Vicious dogs are not permitted. A person responsible for such a dog is legally
responsible for any injury caused by his or her dog(s).
.103 A person responsible for a dog must have in his/her possession a leash for the dog
which shall be worn by the dog at all times that the dog is ingressing/egressing the Dog Park.
.104 No one shall bring into a Dog Park dog toys of any size or shape, excluding
Frisbees and small, retrievable balls.
.105 No one shall play any team sport including, by way of example, but not limited to,
football, baseball, soccer, rugby and/or volleyball; however, the use of a frisbee or a small,
retrievable ball is permitted.
.106 Equipment, obstacles, or apparatus are not allowed (including, by way of example,
but not limited to, skateboards, scooters and/or bicycles); however, wheelchairs and other
assistive devices and aids for the disabled are permitted.
.107 Persons under the age of eighteen (18) years are not permitted in any Dog Park,
unless accompanied and supervised by an adult, and shall not run, shout, scream, wave their
arms, or otherwise excite or antagonize dogs.
.108 No food of any kind (whether human or dog) is permitted.
.109 Professional dog trainers may not use a Dog Park to conduct classes or individual
instruction unless permitted by the Director.
.110 Use of any area designated as a"Small Dog Park area" is limited to dogs weighing
25 pounds and under.
.1 ll Use of any area designated as a"Large Dog Park area" is limited to dogs weighing
over 25 pounds.
.112 Certified Service Dogs, of any size, are exempt from dog size restrictions and are
allowed in any part of a Dog Park. Certified Service Dogs, because of the training and testing
they receive, are allowed to be with and stay with their owner at all times - anywhere the person
is allowed to be.
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.113 No person shall conduct any activity while in any Dog Park which may pose an
immediate danger to the public health, safety and welfare.
.114 No person shall enter, remain, stay or use any Dog Park before or after its set hours
of operation.
.115 No animal, other than a dog, is permitted.
116 The presence of a dog in a Dog Park shall constitute implied consent of the person
responsible for the dog to all rules and regulations imposed by this Chapter, as well as those rules
and regulations posted by the Director with respect to the use of a Dog Park, and shall constitute
a waiver of liability on behalf of a person responsible for a dog to the City of Anaheim, as well
as an agreement and undertaking to protect, indemnify, defend and hold harmless the City of
Anaheim, its officials and employees for any injury or damage or any claim of injury or damage
caused by a dog or arising from or in connection with the use of any Dog Park, including but not
limited to, injuries arising from dog bites.
.117 Each person entering any Dog Park shall comply with any and all rules and/or
regulations set forth in signage posted at the entrance(s) to a Dog Park.
.118 A person responsible for a dog shall provide drinking water for their dog.
13.14.060 VIOLATION; ENFORCEMENT
Any City employee may request anyone who violates a posted rule to leave a Dog Park.
It is unlawful for any person to fail to leave a Dog Park for violating any posted rule after being
requested to do so by a City employee.
It shall be unlawful for any person to violate or fail to co�nply with the provisions of this
Chapter. Violation of or noncompliance with this Chapter shall constitute a crime punishable as
a misdemeanor or infraction in the discretion of the City Attorney, or may be punished as an
administrative matter in accordance with the civil fines and the administrative procedures for the
imposition, enforcement, collection, and administrative review of civil fines set forth in Chapter
1.20 (Civil Citations) of this Code."
The remedies and penalties provided herein are cumulative, alternative and non-
exclusive. The use of one does not prevent the use of any other criminal, civil or administrative
remedy or penalty authorized by, or set forth in, the Anaheim Municipal Code or under state
statute which may be available to enforce this Chapter or to abate a public nuisance.]
SECTION 2.
That subsection .010 of Section 8.08.080 of Chapter 8.08 of Title 8 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".010 Animal Restraint.
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(a) No person either owning or having charge, care, control, possession or
custody of any dog shall cause, permit or allow, either willfully or through failure
to exercise due care or control, such dog to be present upon or to run at large upon
any highway, street, alley, public park or playground, or other public place, or
upon any private property or premises other than his or her own (if the private
property or premises is open or accessible to the public) without the written
consent of the owner or lessee of such land, unless such dog is securely restrained
by a substantial leash, chain or other restraint not exceeding six feet in length, and
in the charge, care, control, possession or custody of a person competent to
restrain such dog. This Section shall not apply to a person either owning or
having charge, care, control, possession or custody of a dog in a Dog Park, as
defined under Chapter 13.14.
(b} No person either owning or having the charge, care, control, possession or
custody of any dog shall cause, permit or allow, either willfully or through failure
to exercise due care or control, such dog to be present on or in any public school
property. This section, however, does not prohibit the use of dogs on school
property for teaching or other school uses when approved by the school officials.
The prohibition contained in this section shall not be applicable to any guide dog
while being used by a blind person provided that the dog is on a leash, carries
clearly visible identification, and the person in charge has an official identification
card issued for such purposes."
SECTION 3.
That subsection .010 of Section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".010 To bring, leave, hitch, fasten, lead, drive, turn loose or allow to go free any animal or
fowl of any kind; provided that this shall not apply to dogs held on a leash, chain or other
restraint not more than six feet long, nor to dogs within a Dog Park as further defined under
Chapter 13.14 hereof, nor to any horse when hitched, fastened or led within any City of Anaheim
park that links with the County of Orange EMA Harbors, Beaches and Parks Master Plan of Trail
Systems ("Special Use Parks");"
SECTION 4 . SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
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clause or phrase had been declared invalid or unconstitutional.
SECTION 5. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 6 . EFFECTNE DATE
This ordinance shall take effect and be in full force thirty {30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 27thday of Januarv , 2015, and thereafter
passed and adopted at a regular meeting of said City Council held on the 3rd day of
February , 2015, by the following roll call vote:
AYES: MaYor Tait, Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST•
CITY CLERK OF HE CITY OF ANAHEIM
106828-v3/TJR
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6314 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 27th day of January, 2015, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 3rd day of February, 2015, by the following
vote of the members thereof:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of February, 2015.
4_CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6314 and was published in the Anaheim Bulletin on the 12th day of
February, 2015.
illill0 ,
4101011111
CITY CLERK OF HE CITY OF ANAHEIM
- ff
ao
(SEAL)
2
0AFFIDAVIT OF PUBLICATION
PROOF OF PUBLICATION
STATE OF CALIFORNIA, ) n
) ss.
County of Orange
I am a citizen of the United States and a resident Proof of Publication of
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above-entitled matter. I am the principal Paste Clipping of
clerk of the Anaheim Bulletin, a newspaper that Notice
SECURELY
has been adjudged to be a newspaper of general In This Space
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California; SU CIT OFANAHEIMoN
ORDINANCE NO.6314
that the notice, of which the annexed is a true AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAP-
TER 13.14 (DOG PARKS)TO TITLE 13 (PARKS AND BOULE-
VARDS) THE ANAHEIM MUNICIPAL CODE RELATING TO
printed copy, has been published in each regular RKAND AMENDING SUBSECTION.010 OF SECTION
8.08.080 OF CHAPTER 8.08 OF TITLE 6 AND SUBSECTION
.010 13.08.020 OF CHAPTEROF TITLE 13
and entire issue of said newspaper and not in any OF TOHESECTION ANAHEIM MUNICIPAL CODE TOIBEBCONSISTENT
WITH THE ADDITION OF SAID NEW CHAPTER 13.14.
supplement thereof on the following dates, to This ordinance adds Chapter 13.14(Dog Parks)to Title 13(Parks and Boulevards)of the
Anaheim Municipal Code for the purpose of establishing rules and regulations for the use
wit: of areas within the City of Anaheim approved and designated by the City Council for exer-
cise and recreation for dogs.
This ordinance also includes the amendment of Subsection.010 of Section 8.08.080(Ani-
February 12,2015 mats at Large(Restraints)and Public Nuisance)of Chapter 8.08(Animal Control Welfare
and License Requirements)of Title 8(Animals)and Subsection.010 of Section 13.08.020
(Prohibited Conduct Generally)of Chapter 13.08(Public Parks)of Title 13(Parks and Bou-
levards)of the Anaheim Municipal Code to be consistent with the provisions of new Chap-
"I certify (or declare) under the penalty of ter 13.14(Dog Parks)to Title 13(Parks and Boulevards).
I,Linda N.Andel,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a
summary of Ordinance No.6314 which ordinance was introduced at a regular meeting of
perjury under the laws of the State of California the City Council of the City of Anaheim on the 27th day of January,2015 and was duly
passed and adopted at a regular meeting of said Council on the 3rd day of February,2015
by the following roll call vote of the members thereof:
that the foregoing is true and correct":
AYES: Mayor Tait,Council Members Kring,Murray,Brandman and Vanderbilt
NOES: None
Executed at Santa Ana, Orange County, ABSENT: None
California,on ABSTAIN:None
•
The above summary is a brief description of the subject matter contained in the text of Or-
dinance No.6314,which has been prepared pursuant to Section 512 of the Charter of the
Date:February 12,2015 City of Anaheim. This summary dbes not include or describe every provision of the ordi-
nance and should not be relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City
charge
(714)ot 765-5166,between 8:00 AM and 5:00 PM,Monday through Friday-There is no
charge for the copy.
"'"---2/11dtati,61 Publish:Anaheim Bulletin February 12,2015 10016261
t4,1
a
Signature
Anaheim Bulletin
625 N.Grand Ave.
Santa Ana,CA 92701 _
(714)796-2209 =