Code of Ordinances Amendment - Title 10 - Unleashed / Prohibited Animals in Parks Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Code of Ordinances Amendment Title 10 - Parks
SUMMARY: City Manager recommending approval an amendment to City of Dubuque
Code of Ordinances 10-513-4A removing the word "unleashed" related to
prohibiting animals in parks.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use
Regulations, Section 10-513-4 Dogs, Cats and Other Domestic Animals by
correcting the Title to Subsection A
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Park Ordinance Modification-MVM Memo City Manager Memo
❑ Park Ordinance Modification-Staff Memo Staff Memo
❑ Ordinance Amendment Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Park Ordinance Modification
DATE: April 10, 2015
Leisure Services Manager Marie Ware recommends City Council approval of a
correction to City of Dubuque Ordinance 10-5B-4A prohibiting pets in parks. When the
ordinance was amended in 2014, the title to Section 10-5B-4A "Unleashed Pets
Prohibited" should have been changed to "Pets Prohibited." The attached ordinance
removes the word "Unleashed," since no animals are allowed in parks. However,
leashed animals are allowed in some designated parks and on trails. This is further
specified in the same section and in 10-5B-4B.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie Ware, Leisure Services Manager
THE CITY ODubuque II-A
U Bi
E
;111 I.mericaCi i
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie Ware, Leisure Services Manager
SUBJECT: Park Ordinance Modification
DATE: April 8, 2015
INTRODUCTION
This memorandum presents a correction to City of Dubuque Ordinance 10-513-4A,
prohibiting pets in parks.
BACKGROUND
The Leisure Services Department (Park Division), Police, and Health Services
Department are drafting an enforcement Policy and procedure for enforcing Ordinance
10-513-4, Pets in Parks. In doing so, staff identified a needed wording correction in the
ordinance.
DISCUSSION
When the ordinance was amended in 2014, the title to Section 10-513-4A "Unleashed
Pets Prohibited" should have been changed to "Pets Prohibited." The attached
ordinance removes the word "Unleashed," since no animals are allowed in parks.
However, leashed animals are allowed in some designated parks and on trails. This is
further specified in the same section and in 10-513-413.
The error has no impact on enforcement of the pet prohibition. Section titles do not
constitute any part of the law, and are intended merely to indicate, explain, supplement
or clarify the contents of a section.
RECOMMENDATION
I recommend the City Council approve the attached amended ordinance, removing the
word "Unleashed" from the section title to Section 10-513-4A.
CITY COUNCIL ACTION
Approve the attached ordinance amendment.
MRC/lh
cc Stephan Fehsal, Park Division Manager
Mary Rose Corrigan, Public Health Specialist
Mark Dalsing, Police Chief
Barry Lindahl, City Attorney
1
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 26-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE
REGULATIONS, SECTION 10-5B-4 DOGS, CATS AND OTHER DOMESTIC
ANIMALS BY CORRECTING THE TITLE TO SUBSECTION A
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-5B-4 of the City of Dubuque Code of Ordinances is
amended to read as follows:
10-5B-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS:
A. Animals Prohibited: No person shall be permitted to bring into any park, parkway,
trail, or open space, any dog, cat or other domestic animal, nor shall any person permit
such dog, cat or other domestic animal to run at large in any park, parkway, trail, or
open space. Any unattended animal shall be impounded and its owner may redeem the
same upon paying the reasonable costs of such impoundment.
Attest:
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 20th day of April, 2015.
Kevin Firnstahl, City Jerk
klek}x--4 (4
Karla A. Braig, Mayor Prod em
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: April 24, 2015, and for which the charge is $14.82.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this ce1540 day of �;; `y ,20/
otary Public in and for Dubuque County, Iowa.
.,,R 7 K.
Commission Numbs
My COMM, FAD. FEB, 1,
OFFICIAL
PUBLICATION
ORDINANCE NO. 26-15
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
10 PUBLIC WAYS AND
PROPERTY, CHAPTER
5 PARKS AND RECRE-
ATION, ARTICLE B
USE - REGULATIONS,
SECTION 10-5B-4
DOGS, CATS AND
OTHER DOMESTIC
ANIMALS ` BY COR-
RECTING THE TITLE
TO SUBSECTION A
Now, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-
5B-4 of the City of
Dubuque Code of
Ordinances is amended '!
to read as follows:
10-5B-4: DOGS, CATS
AND OTHER DOMESTIC
ANIMALS:
A. Animals Prohibited:
No person shall be
permitted to bring into
any, park, 'parkway,'
trail, or open space,
any dog, cat or other
domestic animal, .nor
shall any person
permit such dog, cat or I
other domesticanimal
to run at large in any
park, parkway, trail, or
open space. Any -i
unattended animal
shall be impounded
and its owner may,
redeem the same upon
paying the reasonable
costs of such im-
poundment. I
Section 2. This
Ordinance` takes effect
upon publication.
Passed, approved,
and adopted the 20th
day of April, 2015.
/s/Karla A. Braig,
Mayor Pro Tem
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph .Herald
newspaper on the 24th
day of April, 2015.
/s/Kevin S. Firnstahl,
City Clerk
1t4/24
EFFECT OF AMENDMENT
10-513-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS:
A. RAnimals Prohibited: No person shall be permitted to bring into any
park, parkway, trail, or open space, any dog, cat or other domestic animal, nor shall any
person permit such dog, cat or other domestic animal to run at large in any park,
parkway, trail, or open space. Any unattended animal shall be impounded and its owner
may redeem the same upon paying the reasonable costs of such impoundment.
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended. (Motion B)
Vote — Then
I move final consideration and passage of the Ordinance. (Motion A)
If Motion B does not pass:
I move to receive and file the communications and I move first (second or third)
consideration of the Ordinance. (Motion A)