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316 ORDINANCE NO. 316 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, FINDING THAT THIS ORDINANCE IS EXEMPT FROM REVIEW PURSUANT TO. CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINE SECTION 15061(b) (3) AND TO AMEND TITLE 6 (ANIMALS) WITH THE ADDITION OF CHAPTER 6.32 (DOG PARK RULES AND REGULATIONS) OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO CONDUCT AT THE DOG PARK WHEREAS, the City Council of the City of Grand Terrace has the authority to adopt ordinances to promote the general welfare under Article XI, Section 7 of the California Constitution; and WHEREAS, the City of Grand Terrace recently built a Dog Park; and WHEREAS, the City Council wishes to adopt regulations for the use of the Dog Park so that the City will continue to provide safe and enjoyable usage of city parks; and WHEREAS, the City Council, pursuant to the California Environmental Quality Act (hereinafter "CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) finds that the Ordinance is 1 exempt pursuant to Section 15061(b) (3) of Title 14 the California Code of Regulations because it can be seen with certainty that this ordinance will not have a significant effect on-the environment and therefore it is not subject to CEQA; and WHEREAS, the City Council hereby finds, determines and declares that the immediate preservation of the public peace, health, safety and welfare necessitates the enactment of this ordinance as an urgency ordinance. The Dog Park is due to open on . April 14, 2018. Unless the City Council adopts an urgency ordinance effective on March 27, 2018, rules and regulations regarding the use of the Dog Park protecting the public peace, health, safety and welfare at the park will not be in place at the time of opening . using the standard process of ordinance adoption. WHEREAS, all legal prerequisites prior to the adoption of this ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that all the facts, findings, and conclusions set forth above recitals in this Ordinance are correct and are incorporated herein as findings of the City Council. t Ordinance No. 316 Page 1 of 4 March 27, 2018 SECTION 2. Amending Title 6. Title 6 (Animals) of the Grand Terrace Municipal Code is hereby amended with. the addition of Chapter 6.32 (Dog Park Rules and Regulations) to read as follows: Chapter 6.32 Dog Park Rules and Regulations 6.32.010 — Definition 6.32.020 — Rules and Regulations. ,6.32.030 — Penalty Provision 6.32.010 — Definition For purposes of this Chapter, "Dog Park" shall refer to any park facility owned and operated by the City of Grand Terrace designed specifically for the recreational use of dog owners and their dogs to exercise and play off-leash in a controlled environment under the supervision of their owners. 6.32.020 — Rules and Regulations. Those who choose to participate in the use of.the Dog Park shall adhere to the following Rules and Regulations: A. Dogs must be kept on leash until they are in the Dog Park entrance and the gate has closed behind them. Do not keep your dog on leash while inside the Dog Park B. No food of any kind.is permitted in the Dog Park. C. No firearms are permitted in the Park. D. No smoking, alcoholic beverages, glass containers, strollers or bicycles are allowed inside the Dog Park. E. Dogs in heat.are not allowed in the dog park. F. All dogs over the age of four months shall be fully vaccinated and licensed. Dogs must wear collars and tags. Puppies under the age of four months are not allowed in the Dog Park. G. No more than three dogs are allowed per person. H. Dogs only! No animals other than dogs are permitted inside the park. I. Scoop the Poop. Owners are responsible to collect and dispose their dogs waste. For park patron's convenience, the City may have disposal bags onsite, however. dog owners/guardians must be prepared to pick up and properly dispose of waste, whether or not the City disposal bags are available. J. Dog owner/handler must be physically capable of controlling their dog. All owner/handlers are required to remain inside the off-leash area and be in view of their dog(s) at all times. K. Aggressive dogs are not permitted on the premises. Dogs exhibiting rough; aggressive or dangerous behavior must be removed by owner immediately. Ordinance No. 316 Page 2 of 4 March 27, 2018 L. In the event of dog bite or injury, owner/ guardian must exchange current tag information and phone number. M. All dogs must be licensed by their respective municipality and display said license/tag while in the Dog Park. Non-City residents must have the current rabies vaccine tag as well as a dog license tag issued by the governing body where they reside. N. Only flying discs and tennis balls are allowed, to be thrown inside Dog Park. O. Children under 18 years old must be accompanied and supervised closely by an adult at all time. It is recommended that small children not be brought into the off-leash area. Children are not permitted to run with, or chase, dogs. P. All Dog owners in the Dog park area must be able to produce current vaccination records upon request by proper authorities. Q. All users must immediately obey verbal or written orders of City representatives. Please be reminded that failure to comply with park rules or to maintain the facility in a clean or orderly fashion will result in fines or temporary/permanent loss of park privileges. R. No dogs are permitted in the Dog Park area while the park is closed. 6.32.030 — Penalty Provision Violations of this Chapter are an infraction punishable by a fine and possible suspension of park privileges as follows: 1. A fine not exceeding one hundred dollars for a first violation; 2. A fine not exceeding two hundred dollars for-a second violation of the herein Chapter within one year from the date of the first violation; and 3. A fine not exceeding five hundred dollars for each additional violation of the herein Chapter within one year from the date of the first violation. In addition to the aforementioned citations, violation of this Chapter may lead to temporary or permanent loss of park privileges. SECTION 4. Inconsistencies. Any provision of the Grand Terrace Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the.provisions of this Ordinance. SECTION 5. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on'any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Grand Terrace declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid. Ordinance No. 316 Page 3 of 4 March 27, 2018 SECTION 6. Publication and Effective Date. The City Clerk shall certify to the i adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the City of Grand Terrace, pursuant to all legal requirements. This ordinance shall become effective immediately from and after its passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regularly meeting held on the 27th day of March 2018. Da cy Mc ab e May ATTEST: Debra Thomas City Clerk APPROVED AS TO FORM: Richard L. Adams, II City Attorney Ordinance No. 316 Page 4 of 4 March 27, 2018 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 316 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 27t" day of March 2018, and that the same was passed and adopted by the following vote: AYES: Council- Members Hussey, Henderson; Mayor Pro Tem Robles; Mayor McNaboe NOES: None. ABSENT: Council Member Wilson ABSTAIN: None. Executed this 28t" day of March 2018, at Grand Terrace, California. Debra L. Thomas, City Clerk [SEAL]