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Home My WebLink About09-293JULY 28, 2009 09 -293 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND ORDINANCE TO ALLOW DOGS AT RUSCH / SAWYER CREEK PARK INITIATED BY: PARKS DEPARTMENT ADVISORY PARKS BOARD RECOMMENDATION : Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH RENUMBERING SECTION 19- 4(D)(3) AND CREATING 19- 4(D)(3) OF THE CITY OF OSHKOSH MUNICIPAL CODE TO ALLOW DOGS AT RUSCH / SAWYER CREEK PARK The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 19- 4(D)(3) of the Oshkosh Municipal Code pertaining to Domesticated Animals within Parks is hereby renumbered 19- 4(D)(4). SECTION 2. That Section 19- 4(D)(3) of the Oshkosh Municipal Code pertaining to Domesticated Animals within Parks is hereby created to read as follows: (3) Persons will be allowed to have domesticated animals at Rusch / Sawyer Creek Park provided that such domesticated animals shall be on a leash no longer than six feet (6) and shall be under full control of their owners. SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #09 -XXX AMEND ORDINANCE TO ALLOW DOGS AT RUSCH / SAWYER CREEK PARK, on August 11, 2009. The ordinance would allow persons to have domesticated animals within Rusch / Sawyer Creek Park provided that such domesticated animals shall be on a leash no longer than six feet (6) and shall be under full control of their owners. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone 920/236-5011. City of Oshkosh Parks Department 215 Church Ave., PO Box 1130 � I Oshkosh, WI 54903 -1130 0.�KC n (920) 236 -5080 (920) 236 -5039 FAX ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Tom Stephany, Director of Parks DATE: July 23, 2009 RE: Allow Dogs at the Rusch/Sawyer Creek Park BACKGROUND Thomas Stephany Director The first discussion about allowing dogs in the Rusch/Sawyer Creek Park was held at the Advsiory Parks Board meeting on May 6, 2009. During spring of 2009, a mother of a young child who lives adjacent to Rusch/Sawyer Creek Park stated her concern about dogs, with their owners, using the park property. She asked if there was a city ordinance that stated that dogs are not allowed in parks and if so, requested that signs be posted. The mother noted that dog owners would bring their dogs to Rusch Park and her major concern had to do with the potential of those dogs creating an unsafe environment for her young child (and potentially other children). She stated that dog owners would allow their dogs to run loose within the park and that some of those loose dogs would run onto private property without being invited (perhaps to play, but there was safety concerns — the mother said that her child was "knocked down" once). She also stated that dog owners would bring their dogs to the property strictly for fecal elimination duties. Many that brought dogs onto the property did not clean -up after their dogs. Some dogs will chase wildlife on the property and the dogs ran loose at the Carl Traeger school — the playground, sport fields, etc. When this issue arose, Parks Department staff installed "no dogs allowed" signs at entrances to the property. After the installation, questions "popped -up" from neighborhood residents as to the reasons for the ordinance signs. At the June 8, 2009 Advisory Park Board meeting, more discussion took place. Parks Department Administrative Assistant Trish Wendorf reported on a survey that was mailed to property owners around the Rusch/Sawyer Creek Park area. She stated that 138 responses of 319 surveys were received. It was noted that the "overall consensus" of the survey reflected that people were in favor of allowing dogs to use the park property. Two Board members noted that they agreed that dogs should be allowed on the Rusch/Sawyer Creek property. The Parks Director stated that the issue concerning allowing dogs on the property would be on the July Board meeting for an action vote. The July 10, 2009 meeting agenda noted that action would be taken regarding dogs being allowed at the Rusch/Sawyer Creek park property. In past meetings, there was discussion by the Parks Board that consideration could be given to allow dogs in the park and that these dogs could serve as an experiment to see how dogs, overall, might work in using all city parks. There was some discussion about allowing dogs in other parks other than the Rusch/Sawyer Creek Park, but the Board voted the idea down. There was a motion by Board Member Jim Michelson to support allowing dogs to use the Rusch/Sawyer Creek Park. Bill Gogolewski seconded the motion and the motion won by a vote of 5 to 4. From what I understand, one nay vote was because a Board Member did not want to see dogs in any park properties and a couple of members were nay because they wanted to see dogs allowed in all parks (voted against allowing dogs in only the Rusch/Sawyer Creek park). Memorandum Page 2 July 23, 2009 ANALYSIS The Parks Department management staff recommended that dogs be allowed in many parks. Their reasoning includes: 1. There have been several suggestions by city residents that dogs be allowed in parks. There is a belief that dog owners would have enjoyable, positive experiences for themselves by walking along with their dog(s) in a park environment. Cynthia Rosenau, City of Oshkosh resident, explained a recent visit she had to Mt. Pleasant, Michigan, where dogs are allowed in city parks. Mrs. Rosenau stated that she had a great experience visiting the parks in Mt. Pleasant and recommended that the Parks Board support allowing dogs in City of Oshkosh parks. 2. Walking dogs on park trails and walks, as has been noted many times, would not be any different than walking dogs on city sidewalks. Dogs and owners have the same encounters on city walks as park trails and walks. The situations would include owners and dogs approaching other dogs, bike riders, joggers, in -line skaters, etc. A good example is that dogs are allowed on the WIOWASH Trail of the County Parks Department. 3. Allowing dogs in city, state and national parks is very prevalent. This has not been the cause of major problems within park settings. Allowing dogs in many parks throughout the nation is common. 4. One focal point is that dogs, with owners, are frequently seen in City of Oshkosh parks. It is very common to see dogs in Menominee and South Parks. It has been very difficult to patrol dogs in Oshkosh parks. RECOMMENDATION After the Parks Board did not support allowing dogs in all parks, the Board did vote to allow dogs on the Rusch/Sawyer Creek Park trail. The staff supported the Board's recommendation to allow dogs on that park trail. Ordinance language for the park property should state: SECTION 1. That Section 19 -4(D) (3) of the Oshkosh Municipal Code pertaining to Domesticated Animals within Parks is hereby renumbered 19- 4(D)(4). SECTION 2. That Section 19 -4(D) (3) of the Oshkosh Municipal Code pertaining to Domesticated Animals within Parks is hereby created to read as follows: (3) Persons will be allowed to have domesticated animals at Rusch/Sawyer Creek Park provided that such domesticated animals shall be on a leash no longer than six feet (6 and shall be under full control of their owners. Respectfully Submitted, ToRphan Director of Parks Approved: Mark Rohloff City Manager The Exceptional Parks Experience — Committed to Purpose and People Veit our website at http: //www. ci. oshkosh. wL us