Ord 703ORDINANCE NO. 703
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AMENDING CHAPTER 9.48.180 OF THE POWAY MUNICIPAL
CODE REGARDING THE PRESENCE OF ANIMALS WITHIN
COMMUNITY SERVICES FACILITIES OCCUPIED BY THE
POWAY SENIOR CENTER
WHEREAS, existing Municipal Code limits animals permitted within Community
Services Facilities to assistance dogs; and
WHEREAS, research shows that therapy pets generate a feeling of wellbeing
with patients and healthy individuals; and
WHEREAS, the Poway Valley Senior Citizens Corporation would like to institute
a therapy pet program at the Poway Senior Center; and
WHEREAS, minor changes to Chapter 9.48.180 will permit the presence of
therapy pets within Community Services Facilities occupied by the Poway Senior Center
while managing the health, safety, and welfare of the public when animals are present.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: Chapter 9.48.180 of the Poway Municipal Code is hereby repealed
in its entirety.
SECTION 2: A new Chapter 9.48.180 is hereby enacted to read as follows:
CHAPTER 9.48
COMMUNITY SERVICES FACILITY - RULES AND REGULATIONS
9.48.180 Animals - presence
A. Subject to the conditions set out in this section, animals are permitted in City
parks and outdoor areas during the hours that such areas are open to the public.
B. Notwithstanding the provisions of subsection (A) of this section, no person
shall bring a dog into, permit a dog to enter into or remain in, or possess a dog in any
City Community Services facility without first having obtained a valid license for such
dog. Evidence of such valid license shall be presented by the person responsible for
such dog when required by a Community Services site staff employee.
C. Except in an area specifically set aside and designated by the Director of
Community Services as a "dog park," all animals in City Community Services facilities
shall be physically restrained at all times, either by being attached to a substantial leash
no more than six feet in length, or by being confined in a tent, trailer, or other
appropriate structure.
Ordinance No. 703
Page 2
D. No dogs, horses, or other animals are allowed within one hundred feet of
Lake Poway.
E. Controlled and supervised animal shows may be allowed with prior written
approval of the Director of Community Services and are subject to all conditions and
fees stated in the City's Facility Rules and Regulation Policy.
F. Except as provided in subsections (C) and (E) of this section, no person shall
bring an animal into or permit an animal to enter and /or remain within, or possess an
animal within any structure in a City Community Services facility other than the Lake
Poway Animal Facility.
This subsection shall not apply to an assistance dog accompanying or assisting
an unsighted or disabled person there present, or therapy pets when present in facilities
occupied by the Poway Senior Center during such times permitted by an existing
Facilities Use Agreement. For purposes of this section, "assistance dog" is one that has
been specially trained as a guide dog, signal dog, or service dog, and "therapy pet" is
one that is trained along with its handler(s) to achieve specific physical, social,
cognitive, and emotional goals with patients and individuals.
G. No person shall keep or permit within a City Community Services facility, a
noisy, vicious or dangerous animal, or an animal which disturbs other persons within the
boundaries of a City Community Services facility after having been directed by a
Community Services site employee to remove such animal.
H. Any person bringing an animal into a City Community Services facility is
solely responsible for the actions of such animal. Any injury inflicted by such animal
upon any person or any damage caused by such animal to any real or personal
property shall be reported to a Community Services site employee.
I. The Director may further regulate animals in, or may exclude animals from,
any City Community Services facility or section of a City Community Services facility
where the Director finds that the presence of animals substantially conflicts with the
general use and enjoyment of such Community Services facilities.
SECTION 3: If any portion of this Ordinance is determined to be unconstitutional
or otherwise contrary to law, that portion will be severed, and the remainder will
continue in full force and effect.
SECTION 4: This Ordinance shall be codified.
Ordinance No. 703
Page 3
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names of members voting for and against
the same in the Poway News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 16` day of March 2010, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 6` day of April 2010.
Don Higginson, May r
ATTEST:
MMC, City Clerk
Ordinance No. 703
Page 4
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 703, was duly adopted by the City Council at a meeting of said
City Council held on the 6` day of April, 2010, and that it was so adopted by the
following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
F-Al ON III kg re a
DISQUALIFIED: None
aty
royan, MMC, City Clerk