19. Infraction fine for dogs ordinanceDEPARTMENT OF PARKS AND RECREATION
CITY HALL
10300 TORRE AVENUE ~ CUPERTINO, CA 95014-3255
D U P E RT I N O TELEPHONE: (408) 777-31 10 ~ FAX: (408) 777-3366
STAFF REPORT
Agenda Item No. ~~ MEETING DATE: April 21, 2009
SUBJECT
Consider conducting the first reading of an ordinance reducing the infraction fine for a first
violation of dog off-leash in parks, dogs running at large, public nuisance, and restraint of dogs.
BACKGROUND
On April 7, 2009, City Council authorized the first reading of Ordinance No. 09-2041: An
Ordinance of the City Council of the City of Cupertino amending Sections 8.01.030 (Animals
Running at Large), 8.01.130 (Public Nuisance), and 8.03.010 (Restraint of Dogs) of the Cupertino
Municipal Code by adding the following: Any person who violates this section shall be guilty of an
infraction and upon conviction thereofslzall be punished as provided in Chapter LI2. Council
also, by motion, directed that the City's Bail Schedule be amended to reduce the fine from $100 to
$75. Vicious dog violations remain a misdemeanor.
DISCUSSION
A dog off-leash in a City park is an infraction found in Municipal Code section 13.04.130D. This
section's base fine is $100. In order to implemisnt the Council direction of a fine reduction from
$100 to $75, an ordinance must be adopted amending the Municipal Code. Per the direction of
Council from April 7, 2009, staff would like to clarify with Council the specifics of the reductions
and present the appropriate implementing ordi~iances for adoption_ The ordinance attached as
Option A reduces the fine for the first violation of dogs off- leash in parks, dogs running at large,
public nuisance and restraint of dogs. The ordinance attached as Option B reduces the fine only for
the first violation of a dog off-leash in parks.
Option A: A fine not to exceed $75 for a first violation for a dog off-leash in parks (13.04.130D),
dogs running at large (8.01.030), public nuisance (8.01.130), and restraint of dogs (8.03.310). Fines
for the second and third violations will remain as written in Chapter 1.1.2: a fine not to exceed $200
for a second violation of the same chapter of this code within one year,- and a fzne not to exceed
$SOO for a third violation of the same chapter of this code within one year. (Attachment A) is - ~
Option B: A fine not to exceed $75 for a first violation for a dog off-leash in parks (13.04.130D).
Fines for the second and third violations will remain as written in Chapter 1.i2: a Erne not to exceed
$200 for a seco~zd violation of the same chapter of this code within one year,• and a fine not to
exceed $SOO for a third violation of the same chapter of this code within one year. (Attachment B)
RECOMMENDATION
Staff is reconvnending Option A to ask City Council to conduct the first reading of Ordinance
No. 09-
"An Ordinance of the Cupertino City Council adding section F to Chapter 1.12.010 of the
Cupertino Municipal Code regarding a $75 fu•st infraction fine for dogs running at large, public
nuisance, restraint of dogs, and dogs off-leash in parks."
Further, staff recommends fines for the second and third violations will remain as written in
Chapter 1.12.
SUBMITTED BY:
~ j~~, / i L-~~'/'
li~~Ei a Lamy
Senior Recreat ion Supervi r
APPROVED FOR SUBMISSION BY:
<~~
David W. Knapp
City Manager
is-z
Attachment A
ORDINANCE NO. 09-
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
ADDING SECTION F TO CIIAPTER 1.12.010 OF THE
CUPERTINO MUNICIPAL CODE REGARDING A $75
FIRST INFRACTION FINE l?OR DOGS RUNNING AT
LARGE, PUBLIC NUISANCE, RESTRAINT OF DOGS,
AND DOGS OFF-LEASH IN PARKS
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS
FOLLOWS:
Chapter 1.12.01 O, Section F of the City's ordinance code is hereby added to read as follows:
1.12.010 Violation of Code.
F. Unless otherwise specified by this code, afzne of$75 shall be issued for the first
infraction of animals running at Large, public nuisance, and restraint of dogs as specified in Title
8, flnimals, Sections 8.01.030, 8.01.130 8.03.010, and Title 13, Section 13.04.130 D, Behavior of
Persons in Parks, of the City's ordinance code
Publication Clause
The City Clerk shall cause this ordinance Lo be published at least once in a newspaper of
general circulation, published and circulated in lthe City within 15 days after its adoption, in
accordance with Government Code Section 369'33, and shall certify to the adoption of this
ordinance and shall cause this ordinance and her certification, together with proof of publication,
to be entered in the Book of Ordinances of the Council of this City.
INTRODUCED at a regular meeting of the Cupertino City Council the 21st day of April
and ENACTED at a regular meeting of the Cupertino City Council the day of , 2009
by the following vote:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
19-3
Attachment B
ORDINANCE NO. 09-
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
ADDING SECTION F TO CHAPTER 1.12.010 OF THE
CUPERTINO MUNICIPAL CODE REGARDING A $75
FIRST INFRACTION FINE FOR DOGS OFF-LEASH
IN PARKS
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS
FOLLOWS:
Chapter 1.12.01 O, Section F of the City's ordinance code is hereby added to read as follows:
1.12.010 Violation of Code.
F. Unless otherwise specifzed by this code, a free of $75 shall lie issued for the first
infraction of dogs off leash as specified in Title 13, Section 13.04.130 D, Behavior of Persons in
Parks, of the City's ordinance code- ,411 other infractions wild be enforced as specifzed in Section
I_I2.010D.
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation, published and circulated in the City within 15 days after its adoption, in
accordance with Government Code Section 36933, and shall certify to the adoption of this
ordinance and shall cause this ordinance and her certification, together with proof of publication,
to be entered in the Book of Ordinances of the Council of this City.
INTRODUCED at a regular meeting of the Cupertino City Council the 21st day of April
and ENACTED at a regular meeting of the Cupertino City Council the day of , 2009
by the following vote:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
19-4