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O-1710 CA:MT:wpfiles\laws\dogs5.mt City Council Meeting 11/9/93 Santa Monica, California ORDINANCE NUMBER 1 71 0 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY'S ANIMAL CONTROL LAWS PERMITTING LEASHED DOGS IN A PARK, SPECIFYING THE LENGTH OF LEASHES FOR DOGS, INCREASING THE FINE FOR FAILURE TO ABATE A NUISANCE BY A DOG AND PERMITTING THE DESIGNATION OF OFF-LEASH AREAS IN PUBLIC PARKS FOR DOGS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4.04.150 of the Santa Monica Municipal Code is amended to read as follows: Section 4.04.150. Animals at large. No person having control, charge or custody of any fowl, dog or other animal, shall permit the same to stray, or run, or be at large, in or upon any public street, or other public place wi thin the City and such fowl, dog or other animal found at large in any such place shall be impounded as herein provided. Dogs, which are properly licensed and tagged for the current calendar year, may be permitted on any public street, public park or other public place within the City not 1 specifically prohibited in Section 4.04.160 hereof, if the dog is in the custody and control of a competent person and restrained by a chain or leash of a fixed length of six (6) feet or less in length, attached to a collar or harness; or if confined within an automobile; or on any duly designated off- leash public park area, if the dog is duly licensed and tagged by the City of Santa Monica for the current calendar year, and if the dog is in the custody and control of a competent person. Any person violating this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding Seventy-Five ($75.00) Dollars per violation. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this Section is committed, continued or permitted by such person and shall be punished accordingly. In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of the provisions of this section shall be deemed a public nuisance and may be, by this City, summarily abated as 2 such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 2. section 4.04.160 of the Santa Monica Municipal Code is amended to read as follows: section 4.04.160. Dogs - Restricted Areas. Except as permitted by this Chapter, no person having control, charge or custody of any dog shall permit the same to go upon any school ground, recreational area or playground, or public park, including, but not limited to park buildings, tot lots, playing fields, tennis courts, basketball courts and other game courts, or upon the beach sands lying westerly of that street, commonly known as The Promenade or upon the beach sands lying northerly of the westerly prolongation of the center line of California Avenue. Any person violating this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding Seventy-Five ($75.00) Dollars per violation. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, 3 continued, or permitted by such person and shall be punished accordingly. In addition, any such dog found in any such prohibited place may be impounded as herein provided. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of the provisions of this Section shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. The provisions of this section shall not apply: (1) To dogs which are being used by disabled persons as guide or service dogs, while such dogs are being used for such purposes. (2) To dogs in any area designated by Resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with the posted. rules governing the use of the designated area. 4 SECTION 3. section 4.04.370 of the Santa Monica Municipal Code is amended to read as follows: section 4.04.370. Dogs to be controlled so as not to commit nuisances. No person having the right and ability to prevent the same, shall knowingly, carelessly, or negligently permit any dog to commit any nuisance upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters, and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto. Any person violating this section shall be guilty . of an infraction, which shall be punishable by a fine not exceeding Two Hundred ( $ 200 . 00) Do llars per violation. SECTION 4. section 4.04.380 of the Santa Monica Municipal Code is amended to read as follows: section 4.04.380. Nuisance defined. As used in section 4.04.370, "nuisance" means depositing of fecal matter by any dog upon any public property, including, but not limited to, public parks, streets, sidewalks, 5 parkways, gutters, and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto wi thout the same being removed immediately by the owner or person having control of said dog. SECTION 5. section 4.04.385 is added to the Santa Monica Municipal Code to read as follows: Section 4.04.385. Material to remove dog feces. No person shall walk, or otherwise have in his or her custody or control, any dog upon any public property, including streets, sidewalks, public parks, parkways and alleys, unless the person has in his or her possession, and in plain view, readily usable materials or implements sufficient to remove and to dispose of lawfully any fecal matter that may be deposited on the ground by the dog. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding Two Hundred ($200.00) Dollars per violation. 6 SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, 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 and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. FORM: 7 Adopted and approved this 9th day of November ,1993, ~a~6 I hereby certify that the foregoing Ordinance No, 1 71 0 was duly and regularly introduced at a meeting of the City Council on the 26th day of October 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 9th day of November ,1993 by the following vote: AYES: Councilmember Abdo, Genser, Greenberg NOES: Councilmember Holbrook, Olsen ABSTAIN: ABSENT: ATTEST: ~~ ~ . rffi~ 6- A- -- City Clerk