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091 of 2010 - **Ordinance Vetoed** 0 10-1 T 10-5 ORDINANCE WAS VETOED SALT LAKE CITY ORDINANCE No. 91 of 2010 (Designating and authorizing dog off-leash areas in Parley's Historic Nature Park) An ordinance amending Section 8.04.390 and Section 15.08.070, Salt Lake City Code, to designate and authorize dog off-leash areas in Parley's Historic Nature Park. WHEREAS, Section 8.04.390 and Section 15.08.070 of the Salt Lake City Code prohibit animals from running at large except in certain places designated as "off-leash areas"within City parks and public spaces, and WHEREAS, on September 9, 2004 the Council adopted Resolution 52 of 2004 approving "Modified Process and Evaluation Guidelines Regarding Future Dogs Off-Leash Areas" (the "Guidelines"); and WHEREAS, pursuant to the Guidelines, a proposal to designate off-leash areas within Parley's Historic Nature Park has been favorably completed except for official designation in the City code; and WHEREAS, the Salt Lake City Council finds adoption of this ordinance reasonably furthers the health, safety, and general welfare of the citizens of Salt Lake City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Section 8.04.390 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 8.04.390: ANIMALS RUNNING AT LARGE: A. With the exception set forth in Subsection B of this section, it is unlawful for the owner or person having charge, care, custody, or control of any animal to allow such animal at any time to run at large. The owner or person charged with responsibility for an animal found running at large shall be strictly liable for a violation of this section, regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not such owner or person knows that the animal is running at large. Any person violating any provision of this section shall be deemed guilty of a civil violation and shall be penalized as provided in Section 8.04.512, "Appendix A", of this chapter. B. 1. Dogs shall be permitted to run off leash only in areas of parks and public spaces specifically authorized by City ordinance, specifically designated by the Director of Public Services as "off leash areas", and clearly identified by signage as such. Said areas shall be as follows: a. Designated areas of Memory Grove park known as the Freedom Trail section, b. The municipal ballpark, also known as Herman Franks park, except for the fenced youth baseball diamonds and playground area, c. Designated areas of Jordan park, d. Designated areas of Lindsey Gardens, and e. Designated areas of Parley's Historic Nature Park, as set forth in Chapter 15.10 of this code, or its successor. 2. While in such areas dogs shall at all times remain under control of the dog's owner or custodian. "Under control" means that a dog will respond on command to its owner or custodian. C. The foregoing notwithstanding, the Public Services Department may conduct additional experiments in other areas of the City for possible future legislative enactment establishing such areas as "off leash areas", provided such experiments are conducted in accordance with the guidelines approved by the City Council in its Resolution 52 of 2004. SECTION 2. Section 15.08.070 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.08.070: INTERFERENCE WITH ANIMALS OR FOWL: A. Unlawful Acts: No person shall annoy, injure, release from confinement, or in any manner interfere with any swan, duck, goose, bird, or animal on the property of the City. B. Unleashed Dogs: 1. Except as set forth in Subsections B2 and B3 of this subsection, no person shall suffer or permit any dog to enter or remain in a public park or playground unless it be led by a leash of suitable strength, not more than six feet (6') in length. 2. Dogs shall be permitted to run off leash only in areas of parks and public spaces specifically authorized by City ordinance, specifically designated by the Director of Public Services as "off leash areas", and clearly identified by signage as such. Said areas shall be as follows: a. Designated areas of Memory Grove park known as the Freedom Trail section, b. The municipal ballpark, also known as Herman Franks park, except for the fenced youth baseball diamonds and playground area, c. Designated areas of Jordan park, d. Designated areas of Lindsey Gardens, e. Designated areas of Parley's Historic Nature Park, as set forth in Chapter 15.10 of this code, or its successor, and f. Experimental areas referred to in Subsection 8.04.390C of this code, or its successor subsection. 3. While in such areas dogs shall at all times remain under control of the dog's owner or custodian. "Under control" means that a dog will respond on command to its owner or custodian. C. Animals To Be Controlled: No person shall ride or drive any horse or animal not well broken and under perfect control of the driver. D. Livestock And Animals: No person shall lead or let loose any cattle, horse, mule, goat, sheep, swine, dogs, or fowl of any kind. E. Tethering Animals: No person shall hitch or fasten any horse or other animal to any tree or any other place or structure not especially designated and provided for such purpose. SECTION 3. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this 14ttday of December , 2011 .w -.,.� `�- 0 C AIRPERS • Pv ITY ECORD Transmitted to Mayor on December 16, 2010 Mayor's Action: Approved Vetoed MAW i • CIT CO R �0.crTy�x ;- *s'I, APPROVED AS TO FORM (SEAL) l'. v ; ''' *' Date: l2 —`.- /l/ Bill No. 91 of 2010. So�A S , By: �� ��R A'Cti Published: