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Home My WebLink AboutItem 05 Barking Dogs, Continuous Annoyance Ordinance February 4, 2008 Regular Meeting Springfield Police Department, Animal Control Tracy Sparks d Matthew 1. Cox ~ 726-3634 (Sparks) 746-9621 (Cox) C I T Y C 0 U N C I L Estimated Time: Consent Calendar ITEM TITLE: BARKING DOGS, CONTINUOUS ANNOY ANCE ORDINANCE. Meeting Date: Meeting Type: Department: AGENDA ITEM SUMMARY SPRINGFIELD Staff Contact: Staff Phone No: ACTION REQUESTED: Conduct a Second Reading and adopt/not adopt the following ordinance: AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE (SMC) 5.402, DEFINITIONS REGARDING BARKING DOGS, AND 5.420, BARKING DOGS PROHIBITED VIOLATION. ISSUE STATEMENT: ATTACHMENTS: DISCUSSION/ FINANCIAL IMP ACT: Should the City of Springfield adopt an ordinance amending Springfield Municipal Code Sections 5.402 and 5.420 to add the new definition of continuous annoyance into the previously existing SMC definition of barking dog and to provide clearer language to City employees and the general public regarding what specifically entails the offense of allowing a dog to cause continuous annoyance. 1. Ordinance. 2. SMC 5.284 Unreasonable Use of Sound Amplification Devices. The proposed ordinance was brought to the Council for First Reading and Public Hearing on January 22, 2008. One person spoke at the public hearing neither in support or opposition to the ordinance. It is now before the Council for Second Reading and adoption under the Consent Calendar. No changes have been made following the First Reading. At the October 15,2007, work session, Councilors expressed some concern in regards to whether or not this noise ordinance was consistent with the 50-foot radius of SMC 5.284 (copy attached). Councilors wanted to know whether or not a 50-foot radius would be appropriate regarding this Barking Dogs Ordinance. Thereafter the City's Animal Control Officer and the City Attorney's office met and looked at SMC 5.284. Tracy Sparks believes that the 50-foot radius as described in 5.284 will not be appropriate for the Barking Dogs Ordinance. This is because in practicality only dogs outside of a residence cause problems which result in a citation being issued to a dog owner. Often these dogs are inside yards which are right up against a neighbor's property and the 50- foot radius language would be too limiting in those situations. Ms. Sparks explained at the First Reading why she does not believe this proposed consideration should be added to the Barking Dogs Ordinance. Another Councilor raised a concern in regards to a dog that would bark intermittently throughout the day, and whether or not there should be an infraction for a dog that barks for a certain duration, even if intermittently, within an hour's time, etc. Ms. Sparks looked at this issue and does not seek to change the draft language. Ms. Sparks would like to keep the language as proposed where a person will be cited if they unreasonably permit a dog to continuously cause annoyance, etc., for more than fifteen minutes at any time of the day or night. There should be no financial impact on the City. N:\City\ORDINANC\Barking Dogs Ordinance\AIS Barking Dogs Ordinance 020408,doc ORDINANCE NO. (General) AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE (SMC) 5.402, DEFINITIONS REGARDING BARKING ,DOG, AND 5.420, BARKING DOGS PROHIBITED VIOLATION. The Common Council of the City of Springfield finds as follows: A. It is in the public interest for the City of Springfield to amend SMC 5.402, Definitions whereby revising the City of Springfield's definition of "Barking Dog" by adding the new definition of "continuous annoyance." B. It is in the public interest for the City of Springfield to amend the above described section so as to provide clearer language to City employees and the general public regarding barking dogs and violations of SMC 5.420 due to barking dog incidents. NOW THEREFORE, based upon the foregoing findings, the City Council of the City of Springfield ordains as follows: Section 1. Springfield Municipal Code Section 5.402 is hereby amended to read as follows: "Section 5.402 Barking Dog, Continuous Annoyance. For purposes of violation of SMC Section 5.420; permitting a barking dog to cause continuous annoyance occurs when: a person unreasonably permits a dog to cause continuous annoyance, alarm or disturbance for more than 15 minutes at anytime of day or night, be it repeated barking, whining, howling or other like sounds which can be heard beyond the boundary of the owner's property." Section 2. Springfield Municipal Code Section 5.420 is hereby amended to read as follows: "Section 5.420 Barking Dogs/Continuous Annoyance. No person shall unreasonably permit a dog to cause continuous annoyance as defined in Section 5.402. The above offense is also punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205." Adopted by the Common Council of the City of Springfield this _ day of by a vote of in favor against. , 2008, Approved by the Mayor of the City of Springfield this day of , 2008. Mayor, Sid Leiken ATIEST: City Recorder, Amy Sowa N:\City\ORDINANC\Barking Dogs Ordinance\Barking Dogs Ordinance.doc Page 1 of 1 Springfield Municipal Code PUBLIC PARKS, BUILDINGS AND FACILITIES 5.280 Alcoholic Beverages Prohibited.' Except for OLCC or park and recreation district ap- proved events, no person shall possess or consume any intoxicating liquor upon any public park and rec- reation district faCilities open to or frequented by the public, including, but not limited to: public parks, roads, buildings and parking lots. The above offense is also punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205. [Section 5.280 amended by Ordinance No. 6169, enacted May 15, 2006.} 5.282 Swimming While Lifeguard Not Present Prohibited. No person shall swim at any public park and recreation district building or facility open to or frequented by the public when a lifeguard is not present. 5.284 Unreasonable Use of Sound Amplification Devices Prohibited. The unreasonable opera- tion or use of any device designed for sound produc- tion, amplification; or reproduction, including, but not limited to, any radio, musical instrument, phonograph, television set, tape recorder, loudspeaker, compact disc player, or other similar device, is prohibited in or upon any public park and recreation district facilities open to or frequented by the public; including, but not limited to, parks, roads, buildings and parking lots, Pursuant to this section, unreasonable sound amplifi- cation occurs when a person operates, or permits the operation of, any sound.amplification system as de- scribed above which is plainly audible outside of a 50- foot radius. This prohibition shall not apply to activi- ties sponsored or authorized by a park district. The above offense is also punishable as a violation and may include a fme not exceeding $720.00 pursuant to SMC section 1.205. [Section 5.284 amended by Ordi- nanceNo. 6169, enacted May 15, 2006.} 5.286 Possession of Loaded Hrearms Prohibited. Except as provided in ORS 166.173(2), it shall be unlawful for any person to possess any loaded: firearm, rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive powder, gas, compressed air, spring or elastic mecha- nism at any public park and recreation district facility ,',:, open to or frequented by the public, including, but not limited to, parks, roads, buildings, and parking lots. This prohibition shall not apply to activities sponsored or authorized by a park district. The above offense is punishable as a violation and subject to a fine not exceeding $720.00 pursuant to SMC section 1.205. [Section 5.286 amended by Ordinance No. 6169, enacted May 15, 2006; further amended by Ordinance No. 6173, enacted May 15,2006.] '5.288 Possession of Fireworks Prohibited. No person shall possess or ignite fireworks, as defined in ORS 480.110, as amended, in public park and recreation di strict faci Iities open to or frequented by the public, including, but not limited to,parks, roads, buildings and parking lots. This prohibition shall not apply to activities sponsored or authorized by a park district. The above offense is also punish- able as a violation and may include a fine not exceed- ing $720.00 pursuantto SMC section 1.205. (Section 5.288 amended by Ordinance No. 6169, enacted May 15,2006.J 5.290 Hunting Prohibited. No person shall hunt, trap, molest, injure or capture any wild bird or animal in public park and recreation district facili- ties open to or frequented by the p~blic, including, but not limited to, parks, roads, buildings and parking lots. This prohibition shall not apply to activities sponsored or authorized by a park district. The above offense is also punishable as a violation and may in- clude a fine not exceeding $720.00 pursuant to SMC section 1.205. (Section 5.290 amended by Ordinance No, 6J69, enacted May 15, 2006.) 5.292 0pen Fires Prohibited. No person shall ignite or maintain open fires in public park and recreation district facilities open to or frequented by the public, including, but not limited to, parks, 5:14a (Springf,eld Supp, No, 10,6-06'1