HomeMy WebLinkAbout03 - Dogs on Beaches-OceanCITY OF NEWPORT BEACH May 28,2002
CITY ATTORNEY'S OFFICE Agenda Item 3
TO : MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DANIEL K. OHL, DEPUTY CITY ATTORNEY
RE MODIFICATION TO SECTION 7.04.020 —DOGS
ON BEACH/OCEAN
BACKGROUND:
On March 5, 2002, Phillip and Lynne Butterfield contested two leash violation citations in
Harbor Justice Center. Their contention was their dog was dragging his leash on the wet
sand and into and out of the water. As a result, he was not on a "beach" as stated in the
section 7.04.020 of the municipal code. They also contested that their dog was in the
"ocean." Their argument is that the "ocean" is not stated in section 7.04.020.
Judge Strople concluded that the Butterfiield's dog was on the part of the beach where the
tide ebbs and flows and found the Butterfield's guilty. Judge Strople also stated section
7.04.020 does not specifically mention the "ocean" and there were many gray areas and
no precedents. The Butterfields have now filed an appeal to Judge Strople's decision.
Therefore, we are proposing modifications to Chapter 7.04 which requires dogs to be
restrained by a substantial leash or chain when present upon any beach, street, alley, or
public place without written consent of the owner or lessee of such land. The suggested
modifications includes a park, the ocean or bay waters within the City limits or any other
public place. The dog must also be restrained by a substantial leash or chain not
exceeding six feet in length and physically restrained by a person.
RECOMMENDATION:
Approve first reading and pass to a second reading at the City's next regularly scheduled
meeting. 04
Daniel K. Ohl
da
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ORDINANCE NO. 2002m
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 7.04.020, OF
TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO DOGS IN THE BEACH
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1: Section 7.04.020 of Chapter 7.04 is amended to read as follows:
Section 7.04.020 Leash Required.
No person having the care, charge or control of any dog shall cause or allow, either
willfully or throuah failure to exercise due care or control, such dog to be present upon
property or premises other than his or
lessee of such land unless such dog i s
chain not exceeding six feet in length
person competent to restrain such dog.
dogs on leashes in the areas from whic h
7.04.025, 7.04.030, and 7.04.050.
imited to, any beach, street, alley, park or the
s or any other public place, or upon any private
her own without written consent of the owner or
securely restrained by a substantial leash or
and physically restrained and controlled by a
This section shall not be construed as allowing
dogs are prohibited as designated by Sections
SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: 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 of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the day of , 2002, and adopted on the
day of 2002, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK
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