Dog Restrictions in Parks

ORDINANCE NO. 2015-699
AN ORDINANCE OF THE CITY OF ST. MARIES, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING ST. MARIES CITY CODE SECTION 5-2A ANIMAL CONTROL BY THE ADDITION OF A NEW SECTION TO PROVIDE FOR REGULATIONS OF DOGS IN CITY PARKS; PROVIDING FOR THE REPEAL OF ANY CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ST. MARIES AS FOLLOWS:
SECTION 1: That St. Maries City Code Chapter 5, Section 2A entitled “Animal Control: Dogs” shall be, and the same is hereby amended to add a new section, Section 2A-8: to be entitled “Dogs in City Parks” which shall read as read as follows:
5-2A-8: DOGS IN CITY PARKS:
A. During events open to the general public at the city parks it shall be unlawful for any person to take or allow a dog whether it is on a leash or not upon the premises of the city parks.
B. The city council may specify additional times when it is unlawful for a person to take or allow a dog whether it is on a leash or not upon the premises of a particular city park.
C. The prohibition in this subsection will not apply to a service dog as defined by Title II and Title III of the ADA needed to assist an individual with a disability or to a dog used by a police officer in the line of duty.
D. Vendors or others with special circumstances may apply to the city clerk for an exemption from this subsection. The exemption may be granted upon conditions being imposed for the protection of the public. If an exemption is granted, a certificate shall be given by the city clerk stating the exemption and its conditions.
E. Whenever dogs are not allowed in a city park for a particular period, the park shall be conspicuously posted with notices that no dogs are allowed in the park and that a violation of the prohibition is an infraction.
F. City police officers are authorized to enforce this subsection and to eject from a city park any person violating this subsection.
G. Violation of this subsection shall be an infraction and shall be punishable as set forth in the general penalty section 1-4-1 of this code.
SECTION 2: Conflict. That any ordinance or part thereof in conflict with the provision of this Ordinance is hereby repealed to the extent of such conflict.
SECTION 3: Severability. The ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity.
SECTION 4: Effective Date. This ordinance shall be effective upon passage and publication as provided by law.
PASSED by the City Council upon a roll call vote as follows:
Ayes: All in favor.
Nays: None
APPROVED by the Mayor this 9th day of March, 2015.
ATTEST: CITY OF ST. MARIES, IDAHO
By: /s/ Kriss Gibson By: /s/ Harry Grubham
KRISS GIBSON, City Clerk HARRY GRUBHAM, Mayor
Publish: April 8, 2015

Posted sschiermeister 06/22/2015