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Ordinance No. 294 ORDINANCE NO. 294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING CHINO HILLS MUNICIPAL CODE CHAPTERS 6.08 AND 12.40 TO REVISE THE DOG LEASH REQUIREMENT AND AUTHORIZE AND REGULATE OFF-LEASH DOG AREAS AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council Does Hereby Make The Following Findings Of Fact: A. In light of the City's goal to be a community that cares about animal welfare, the City Council finds that providing areas for dogs to engage in off-leash play is important to promote animal welfare and foster a more humane environment within the Chino Hills community. B. The State of California has encouraged public entities to own and operate off- leash dog parks by providing that certain public entities, including the City of Chino Hills, shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in the dog par as provided in Government Code, § 831.7.5. C. The City Council finds and determines that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) in that it is not a "project" for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378 • . - because this ordinance will not have a substantial adverse impact on the environment. In addition to the foregoing general exemptions, the following categorical- exemption apply: Sections 15308 (actions taken to assure protection of the environment) and 15321 (action by agency for enforcement of a law, general rule, standard, or objective administered or adopted by the agency). SECTION 2. The City Council of the City of Chino Hills does hereby amend Chapter 6.08 of the Chino Hills Municipal Code by replacing Sections 6.08.130 to read as follows: 1 of 7 6.08.130 - Leashes No person owning, having an interest in, harboring or having charge, care, control, custody or possession of any dog shall cause or permit such dog to be in or upon any public street, alley or other public place or in or upon any unenclosed lot or premises, unless such dog is securely confined by a strong cord, chain or leash, not exceeding 6 feet, securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog, or unless such dog is confined within an automobile or in an off-leash dog area established by ordinance and posted in accord with Section 6.01.170 in this code. SECTION 3. The City Council of the City of Chino Hills does hereby add Section 6.08.170 to Chapter 6.08 of the Chino Hills Municipal Code to read as follows: 6.08.170 —Off-leash dog areas A. Designation of Off-Leash Dog Area. The City Council shall designate off-leash dog areas by Resolution. B. Posting of Off-Leash Dog Areas. Off-leash dog areas shall be fenced and posted as off-leash dog areas with prominent signage in a form approved by the Community Services Director. C. Regulations Applied to Off-Leash Dog Areas. The following regulations shall apply to off-leash dog areas: 1. The use of an off-leash dog area is a privilege, not a right, and every person shall follow all regulations established for the safety of humans and animals in order to be allowed this privilege. 2. Persons shall use a suitable container or instrument to remove their dog's feces and shall dispose of it in a sanitary manner in designated waste containers. 3. No person shall harass, tease or incite any dog in any way in any off-leash dog area, including, but not limited to, verbal or physical gestures or throwing of objects. 4. No person shall leave or abandon any dog or other animal unsupervised in any off-leash dog area. 5. Dogs exhibiting aggressive behavior towards any person or another animal shall be immediately leashed and removed from the off-leash dog area by the person responsible for the dog. 6. Persons entering the off-leash dog area do so at their own risk. 2 of 7 7. The City is not liable for the injury or death of a person or animal resulting solely from the actions of a dog in any off-leash dog areas owned or operated by the City. 8. If a dog injures a person or another animal, the person responsible for the dog shall immediately provide the dog owner's name and address, as well as any insurance information requested by or on behalf of the injured person, or by any city employee and shall file a report with the city within five (5) days on a form approved by the Community Services Director. 9. A person shall not release more than three (3) dogs at any one time into an off- leash dog area. 10. No person under the age of fourteen (14) shall release any dog in the off-leash dog area. 11. Aggressive dogs, dogs in heat, and puppies younger than four (4) months are not permitted with an off-leash dog area. 12. Dogs barking excessively or aggressively shall be immediately leashed and removed from the off-leash dog area by the person responsible for the dog. 13. Persons responsible for dogs in the off-leash dog area shall actively discourage the dogs under their supervision from digging. All holes shall be promptly filled by the person responsible for the dog that dug the hole. 14. Food of any kind (including dog treats), and glass containers are not permitted in the off-leash dog area. 15. Dog obedience classes and other events are not permitted, unless written permission is obtained from the Community Services Director or designee. D. The Community Services Director may authorize a fenced area to be temporarily designated as an off-leash dog area in connection with an event or activity. Such applications shall be made using a form approved by the Community Services Director. Any private persons or groups which formally request such a designation for an event or activity are responsible for providing proof of insurance, any necessary fencing, and postings in compliance with subsection C of this section. E. Private persons or entities may apply to have parks, or portions thereof, which are under their management and control designated as off-leash dog areas. Such applications shall be made using a form approved by the Community Services Director. Any private persons or entities which own or operate an off-leash dog area are responsible for providing necessary fencing and postings in compliance with subsection C of this section. 3 of 7 F. Other Regulations. The City Manager may approve additional administrative regulations relating to the use of any off-leash dog area not inconsistent with this chapter, and shall cause those regulations to be posted prominently within the off- leash dog area. G. Administrative Remedies. In addition to other penalties prescribed by this code, violation of any of the regulations established by subsections C of this section may be subject to the administrative procedures set forth in Section 1.18 of this code, including, but without limitation, civil penalties, administrative fees and other related charges. SECTION 4. The City Council of the City of Chino Hills does hereby replace Section 12.40.210 of Chapter 12.40 of the Chino Hills Municipal Code to read as follows: 12.40.210— Prohibition of animals in park A. No person shall cause, permit, or allow any animal owned or possessed by him or her, or any animal in his or her care, custody, or control to be present in any park except: 1. Equine animals being led or ridden under reasonable control upon any bridle path or trail provided for such purpose; 2. Equine or other animals which are hitched or fastened at a place expressly designated for such purpose; 3. Dogs or cats when led by a cord or chain not more than six feet long, or when confined within the interior of a vehicle; 4. Dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements; 5. Small pets which are kept on the person of the possessor at all times; 6. Dogs confined in off-leash dog areas, as set forth in Section 6.08.170 of this code; 7. In connection with activities authorized in writing by the Council; 8. Fowls or animals turned loose at the direction of the Council. B. It shall be the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat, or an equine animal in a park to promptly collect, pick up, and remove all fecal matter left behind by such animal in or upon any park; provided, however, that this subsection shall not apply to guide dogs for blind or disabled persons or to equine animals on bridle paths. 4 of 7 SECTION 5. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinance Nos. 91-01 and 92-02. SECTION 6. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Repeal of any provision of the CHMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the CHMC or other City Ordinance by this Ordinance will be rendered void and cause such previous CHMC provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 9. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 11. This Ordinance shall take effect on the 30th day following its final passage and adoption. 5 of 7 PASSED, APPROVED, AND ADOPTED this 8th day of December , 2015. ART BENNETT, MAYOR ATTEST: i/a1 CHERYL BA CItY CLE K APPROVED AS TO FORM: (tib MARK D. HENSLEY, CITY ATTORNrY 6 of 7 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 294 was duly introduced at a regular meeting held November 24, 2015; and adopted at a regular meeting of the City Council held on the 8th day of December 8, 2015 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: BENNETT, MARQUEZ, GRAHAM MORAN, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ohmattforal, CHERYL BALZ, CITY CLE1qK (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 294 duly passed and adopted by the Chino Hills City Council at their regular meeting held on December 8, 2015 and that Summaries of the Ordinance were published on November 26, 2015 and December 12, 2015 in the Chino Hills Champion newspaper. SS '-- __ . , , CHERYL BALZ, CITY CLERK (SEAL) 7 of 7 AFFIDAVIT OF POSTING STATE OF CALIFORNIA CITY OF CHINO HILLS ) §. COUNTY OF SAN BERNARDINO ) Cheryl Balz, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of proposed Ordinance No. 294, being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING CHINO HILLS MUNICIPAL CODE CHAPTERS 6.08 AND 12.40 TO REVISE THE DOG LEASH REQUIREMENT AND AUTHORIZE AND REGULATE OFF-LEASH DOG AREAS AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 9th day of December, 2015. Ir 4J2t# l CHERYL BACK; rrY CLERK (SEAL) PROOF OF PUBLICATION STATE OF CALIFORNIA County of San Bernardino I am citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled mat- ter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, print- ed and published weekly in the City of Chino, County of San Bernardino, and which newspaper has been adjudged a newspaper of general circulation by the Su- perior Court of the County of San Bernardino, State of California, under the date of August 5, 1952, Case Number 73453; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: December 12 all in the year 2015 I certifiy (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chino, California, this 12th day of December Signature Lorraine Morales JAN 1 1 2016 ACCO1_' 0%,F PAYABLE i� Champion Serving the Chino Valley and Chino Hills 9th & D Streets • P.O. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453 This space is f�_ he County Clerk's Filing Stamp PUBLIC NOTICE OF PROPOSED ADOPTION OF CITY OF CHINO HILLS ORDINANCE NO, 294 NOTICE IS HEREBY GIVEN that on December 8, 2095, the City Council of the City of. Chino Hills adopted Ordinance No. 294 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS MUNICPAL CODE, CHAPTERS 6.08 AND 12.40 TO AUTHORIZE AND REGULATE OFF -LEASH DOG AREAS. The Ordinance amends Chapters 6.08 and 12.40 of the Chino Hills Municipal Code, to authorize and regulate off -leash dog area(s) within the City limits of Chino Hills. Ordinance No. 294 was adopted by the City Council by the following vote: Ayes:Bennett, Marquez, Graham, Moran, Rogers Noes: None A certified copy of the €uil text of Ordinance No. 294 is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive, Chino Hills. DATED: December 9, 2015 s/CHERYL BALZ, CITY CLERK PUBLISH: Chino Hills Champion December 12, 2015 970-15