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HomeMy WebLinkAbout731ORDINANCE NO. 731 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING SECTION 9.16.020 OF THE CITY OF IRWINDALE MUNICIPAL CODE TO PROHIBIT DOGS WITHIN FIFTEEN FEET OF DESIGNATED SCHOOL BUS ZONES DURING THE FIFTEEN MINUTES BEFORE AND AFTER DESIGNATED PICK-UP AND DROP-OFF TIMES WHEREAS, the City of Irwindale ("City") is authorized by Article XI, Section 5 and Section 7 of the Constitution of the State of California to exercise the police power of the State by adopting regulations to promote public health, welfare, safety, and general prosperity; and WHEREAS, the City has been made aware of conflicts between school students waiting to be picked up and being dropped off at designated school bus zones and dogs present in the area during pick-up and drop-off times; and WHEREAS, these conflicts between school students and dogs have given rise to public health, welfare, and safety concerns in the City; and WHEREAS, the Irwindale Municipal Code currently contains Section 9.16.020, entitled `Prohibited activities," which makes it unlawful for any person to do acts listed in the Section within the limits of any of the parks or public places of the City; and WHEREAS, on September 5, 2018, the Parks & Recreation Commission held a duly -noticed public meeting, discussed the conflicts of having dogs at areas when children are present before and after designated school bus drop-off and pick-up times and voted unanimously to recommend that the City Council adopt the restrictions imposed by this ordinance; and WHEREAS, the City Council now desires to adopt an ordinance to prohibit dogs within fifteen feet of designated school bus zones during the fifteen minutes before and after designated drop-off and pick-up times; and WHEREAS, on October 10, 2018, the City Council held a duly -noticed public meeting and to consider the recommendations of the Parks & Recreation Commission and adoption of this ordinance, considered all testimony and related documentation supporting the restrictions herein; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. Ordinance No. 731 Page 1 Section 2. Section 9.16.020 of Title 9 of the Irwindale Municipal Code is hereby amended to add Subsection T and shall now read as follows (deleted text, if any, is show in 6*�threugh; new text, if any, is shown in bold & italics): "9.16.020 — Prohibited activities. Within the limits of any of the parks or public places of the city, it is unlawful for any person to do any of the following acts: T. To lead or let loose any dog within fifteen feet of designated school bus zones during the fifteen minutes before and after pick-up and drop-off times; provided, that this shall not apply to service dogs when led by a leash or chain not more than six feet long and under full control of its owner or custodian and/or homeowners with property abutting a designated school bus zone." Section 3. City public works staff is authorized and hereby directed to prepare and post notices at designated school bus zones notifying the public that the bus zone has been designated as a school bus zone. Notices shall include the language of this ordinance and its applicability to the designated school bus zone within fifteen minutes of school bus pick-up and drop-off times. Section 4. Section 9.16.020 of Chapter 9.16 of Title 9 of the Irwindale Municipal Code, as amended, shall become operative on the first day of the first month following the effective date of this ordinance. Section 5. CEQA Exemption. The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Section 6. Severability. 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, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 7. Certification and Effective Date. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall cause a summary of this ordinance to be published in accordance with Government Code Section 36933, in a newspaper of general circulation which is hereby designated for that purpose, and this ordinance shall take effect thirty (30) days after its passage. Ordinance No. 731 Page 2 PASSED, APPROYLED, of the City of Irwindlate this 12th A. Breceda, Mayor ATTEST: Whim �ra M. Nieto, MMC Aief Deputy City Clerk State of California } County of Los Angeles } ss. City of Irwindale } D ADOPTED at a regular meeting of the City Council kof December. 2018. I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 731 was duly introduced at a regular meeting of the Irwindale City Council held on the 14th day of November, 2018, and adopted on second reading at a regular meeting held on the 12th day of December by the following vote of the Council: AYES: Councilmembers: Ambriz, Burrola, Ortiz, Mayor Breceda NOES: Councilmembers: None ABSENT: Councilmembers: Garcia ABSTAIN: Councilmembers: None Uf M. Nieto, MMC Deputy City Clerk AFFIDAVIT OF POSTING I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 731, adopted by the City Council ofthe City of Irwindale at its regular meeting held December 12, 2018, to be posted at the City Hall, Library, and Post Office on December 20, 2018. Nieto, MMC ruty City Clerk Dated: December 20, 2018 Ordinance No. 731 Page 3