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HomeMy WebLinkAboutORD 2018-085 ORDINANCE NO. 2018-085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 16, PARKS AND RECREATION, ADDING ARTICLE IV, OFF-LEASH DOG PARKS, PROVIDING REGULATIONS FOR OFF-LEASH DOG PARKS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500); DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas (the "City") is a home rule municipality having full powers of self-government and may enact ordinances relative to its citizens' health, safety, and welfare that are not inconsistent with the Constitution and laws of the State; and WHEREAS, the City Council of the City of Grapevine, Texas (the "City Council") finds and determines that the primary purpose for these regulations is to establish rules and regulations for the City's Off-Leash Dog Parks that will help make the parks safe, and well-maintained; and WHEREAS, the City Council deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the Code of Ordinances Chapter 16 shall be amended by adding Article IV, which shall read as follows: "ARTICLE IV— OFF-LEASH DOG PARKS Sec. 16-66. —Applicability (a) In this Article, "Off-Leash Dog Park" means the confines of a fenced recreation area that is owned or operated by the City of Grapevine and designated as an area for off-leash canines. (b) This Article applies to the rules and regulations of Off-Leash Dog Parks. (c) Unless otherwise provided by this article, the rules and regulations adopted in Article I of this chapter are applicable to Off-Leash Dog Parks. (d) In the event any provision of this article is found to be in conflict with another provision in Chapter 16, the provisions in this article prevail. Sec. 16-67. — Leashing, Unleashing, and Control (a) All dogs must remain on a leash outside of the Off-Leash Dog Park. (b) Upon entering the fenced in area of an Off-Leash Dog Park, persons in control of a dog: (1) must unleash the dog in the area designated for unleashing; and (2) remove any pinch, prong or spiked collars. (c) Any person who brings a dog into an Off-Leash Dog Park shall remain within the off-leash area with the dog and keep such dog under visual and voice control at all times. Sec. 16-68. — Food Food or treats, either for human or canine consumption, is prohibited within the Off-Leash Dog Park. Secs. 16-69. — Responsibility of Dog Owners (a) Any person who brings a dog to an Off-leash Dog Park shall immediately remove all fecal matter that is deposited by the dog. (b) No person shall bring a dog into an Off-Leash Dog Park unless: (1) The dog has current rabies, distemper and parvo vaccinations; (2) The dog is wearing tags showing that it is currently vaccinated for rabies in compliance with Chapter 826 of the Texas Health and Safety Code and Chapter 6 of the Grapevine Code of Ordinances; (3) The dog is free from illness, disease, and parasites; and (c) No person shall bring an animal other than a dog into an Off-Leash Dog Park. (d) No person shall bring an aggressive dog into the Off-Leash Dog Park. Ordinance No. 2018-085 2 (e) If a dog exhibits aggressive behavior toward people or other dogs inside the Off-Leash Dog Park, the person who brought such dog must remove the dog immediately. (f) No person shall bring a dog that has been banned from any other park. (g) Any person who brings a dog to an Off-Leash Dog Park is liable for damages or injury inflicted by such dog. Sec. 16-70. - General Rules (a) Any child under twelve years of age must be under close adult supervision. (b) No person shall bring a puppy under the age of six months inside the Off-Leash Dog Park. (c) No person shall bring a dog weighing less than twenty-five pounds inside the Off-Leash Dog Park area designated for large dogs. (d) No person shall bring a dog weighing twenty-five pounds or more inside the Off-Leash Dog Park area designated for small dogs. (e) No person shall bring more than two dogs inside the Off-Leash Dog Park. (f) No person shall bring a wading pool into the Off-Leash Dog Park. (g) No person shall bring strollers, carriages, bicycles, skate boards, scooters, roller blades, or motorized vehicles into the Off-Leash Dog Park, unless it is used as an assistance device. (h) No person shall bring a dog that has been determined to be a Dangerous Dog by the City of Grapevine pursuant to Chapter 6 or by any other municipality into the Off-Leash Dog Park. (i) No person shall engage in a sports activity inside the Off-Leash Dog Park. (j) Professional trainers and dog groomers shall not use the Off-Leash Dog Park to conduct business. (k) If a dog bite occurs at an Off-Leash Dog Park, it must be reported to Grapevine Animal Services within twenty-four hours. (I) No person shall bring a dog that is in heat inside the Off-Leash Dog Park. (m) No glass containers are allowed in the Off-Leash Dog Park. Ordinance No. 2018-085 3 Sec. 16-70. - Enforcement (a) Any person violating the rules of this Article may be subject to removal and suspension from the Off-Leash Dog Park. (b) Any person asked to leave the Off-Leash Dog Park shall leave immediately. (c) It is an offense to violate any provision of this Article. (d) Any person found guilty violating this Article shall be punished by fine not to exceed $500." Section 3. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed five hundred dollars ($500.00). Section 4. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of November, 2018. APPROVED: William D. Tate Mayor Ordinance No. 2018-085 4 ATTEST: RAP ���6Jam' 1609161 \0.\ Tara Brooks ( 'm City Secretary r‘\ /41 APPROVED AS TO FORM: City Attorney Ordinance No. 2018-085 5