G-09-05-28-11E1 - 5/28/2009ORDINANCE NO. ' GO"k,4- RG
AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, BY
ADDING SECTION 1.1712 GOVERNING RULES AND
REGULATIONS FOR LEASH -FREE DOG PARKS AND THE ROUND
ROCK SKATE PARK, ESTABLISHING A PENALTY AND
AMENDING SECTION 2.1405 GOVERNING RESTRAINT OF DOGS;
AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 1, Code of Ordinances (1995 Edition), City of
Round Rock is hereby amended by adding Section 1.1712 which
shall read as follows:
SECTION 1.1712 RULES AND REGULATIONS FOR SPECIAL USE PARKS
(1) Round Rock Dog Depot
(a) Applicability of Section
This Section shall apply to the park known as the Round Rock Dog Depot located in
Lake Creek Park and all other locations within the City of Round Rock which have
been designated by the Parks and Recreations Department as leash -free dog parks. It
shall be unlawful for a person to fail to comply or to violate a rule or to be the owner
or handler of a dog which is in violation of a rule in Section 1.1712(1)(c).
(b) Use of Parks and Waiver of Liability
By using the leash -free dog parks such users assume all risk associated with use of the
parks and waive liability on the part of the City of Round Rock for any injury or
damage cause by dogs or humans while accessing or using the parks. Dog
owners/handlers are responsible for the actions and behavior of their dogs and are
liable for damages or injury inflicted by their dogs. The City of Round Rock has no
liability or responsibility for damage or injuries in the dog parks.
(c) Rules
In addition to the rules regarding parks as set forth in Section 1.1700 of this Code, the
following rules apply to all persons and dogs using leash -free dog parks:
(i) All dogs must be on a leash while entering and leaving the park.
(ii) Dogs are not required to be on a leash while in the fenced area of the park. All
dogs must be under the control of the owner/handler. Each owner/handler shall
have no more than two dogs in the park.
(iii) All dogs must be within view of and within voice control of the owner/handler at
all times. Dog owners/handlers must be physically capable of controlling their
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dogs and must prevent aggressive behavior, biting, fighting and aggressive
barking.
(iv) Dogs showing any aggression must be leashed and immediately removed from
the park. Dogs with a known history of aggressive or dangerous behavior are
prohibited from entering the park. Any dog that has been determined to be
aggressive by an animal control officer or police officer is prohibited from
entering any leash -free dog park at all times.
(v) Dog owners/handlers must carry one leash for each dog under their control while
in the park.
(vi) Dogs under 4 months of age are prohibited in the park.
(vii) Dogs must have current vaccinations to enter the park.
(viii) Dogs must wear a collar with a current rabies tag and current city license tag
while in the park.
(ix) Dogs must be healthy and free of contagious diseases and parasites while in the
park.
(x) Choke chains, prong, spiked and shock collars are prohibited in the park.
(xi) Dogs in heat are prohibited in the park.
(xii) Food (dog or human) is prohibited in the park.
(xiii) Glass and metal containers are prohibited in the park.
(xiv) Bicycles, skateboards, roller blades, skates, scooters, strollers and carriages are
prohibited in the park.
(xv) Smoking is prohibited in the park.
(xvi) Appropriate dogs toys are allowed in the park but toys that are edible such as
rawhides and bones are prohibited.
(xvii) Dog owners/handlers are responsible for immediately picking up and disposing
of all of their dog's waste.
(xviii) Dog owners/handlers must repair any damage caused by their dog (such as holes
dug by the dog).
(xix) Animals other than dogs are prohibited in the park.
(xx) The small dog enclosure is only for dogs weighing under 40 pounds. Dogs
weighing 40 pounds or more are prohibited in the area. The large dog enclosure
is for dogs weighing 40 pounds or more. Small dogs are permitted in the large
dog enclosure but enter at their own risk.
(xxi) All children 16 years of age and younger must be accompanied and supervised
by an adult at all times while in the park.
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(xxii) The park is subject to closure upon a determination by the City that such closure
is in the public's interest or for safety or for maintenance.
(xxiii) The park hours are as follows:
• April 1 through September 30: 6:00 am to 8:00 pm
• October 1 through March 31: 6:00 am to 6:00 pm
(d) Additional Penalty
In addition to any penalty set forth in Section 1.600 of this Code, any person who
violates the rules as set for above may be removed from the park and may be
prohibited from returning to or using any leash -free dog park within the City of Round
Rock.
(2) Round Rock Skate Park
(a) Applicability of Section
This Section shall apply to the area known as the Round Rock Skate Park located in
Greenslopes Park, north of the Clay Madsen Recreation Center.
(b) Use of Park and Waiver of Liability
The City of Round Rock's liability or responsibility for damage or injuries in the skate
park is limited to that imposed on it by V.T.C.A., Civil Practice & Remedies Code §
75.002, as amended.
(c) Rules
In addition to the rules regarding parks as set forth in Section 1.1700 of this Code, the
following rules apply to all persons using the Round Rock Skate Park:
(i)
It shall be unlawful for any person, firm or corporation to carry, possess, or
drink any alcoholic or intoxicating beverage in the city owned area known as
the Round Rock Skate Park.
(ii) It shall be unlawful for any person to smoke inside of and outside within five
feet (5') any entrance of the city owned area known as the Round Rock Skate
Park.
(iii) It shall be unlawful for any person to ride a bicycle or other similar device
within the city owned area known as the Round Rock Skate Park.
(d) Additional Penalty
In addition to any penalty set forth in Section 1.600 of this Code, any person who
violates the rules as set for above may be removed from the park and may be
prohibited from returning.
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II.
That Chapter 2, Section 2.1405, Code of Ordinances (1995
Edition), City of Round Rock is hereby amended to read as
follows:
2.1405 RESTRAINT OF DOGS
Any dog, while, on a street, sidewalk, public way in any park, public square, or other public
space shall be restrained and secured by a leash or chain of sufficient tensile strength to restrain
the particular dog. Said leash or chain shall not be longer than twenty-five (25) feet in a public
park and shall not be longer than six (6) feet on or in any other place. An animal that is not
restrained in compliance with this section shall be considered at large in violation of 2.1401.
This section shall not apply to a dog that is within the fenced area of a designated leash -free
dog park.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
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READ, PASSED, and ADOPTED on first reading this day
of , 2009.
Alternative 2.
READ and APPROVED on first reading this theof
i j day
, 2009.
READ, APPROVED and ADOPTED on second reading this the
2b' day of , 2009.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Gatke
SARA L. WHITE, City Secretary
5
DATE: May 21, 2009
SUBJECT: City Council Meeting — May 28, 2009
ITEM: *11E1. Consider an ordinance amending Chapters 1 and 2, Code of Ordinances, by
adding Section 1.1712 regarding rules and regulations for leash -free dog parks
and the Round Rock Skate Park, and amending Section 2.1405 regarding the
restraint of dogs. (Second Reading)
Department:
Staff Person:
Justification:
Parks and Recreation
Rick Atkins, Director of Parks and Recreation
The Skate Park opened in 2007 with a tremendous response from the public. With that success came a
few problems; one of those problems being bicycle riders using the park and disregarding park rules and
riding bikes at the same time skate boarders are using the facility. The use of bikes in the park causes
gouges in the concrete and creating an unsafe environment for the public. In addition, having bikes and
skate boarders together is a large problem. The other issue that has continued to grow as an area of
concern is smoking and adults consuming alcoholic beverages in the park. The park is becoming
overwhelmed with cigarette butts and beverage containers throughout the park which can become a
safety concern for the skate boarders who are traveling at high rates of speed. As well as a problem for
the PARD maintenance team who are working daily to keep up.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The City of Round Rock is opening its first skate park in the Spring of 2007, located off Gattis School
Road behind the City of Round Rock's Clay Madsen Recreation Center. The new 12,000 sq. ft. concrete
Skate Park features both a bowl and street elements which includes banks, ledges and rails. Shortly after
the park opened it was closed due to problems at the park including trespassing after hours, vandalism,
suspected narcotic use and criminal mischief, and excessive amounts of trash. Park rules posted at the
park specify that in the event of non-compliance of park rules, the park will be closed. By changing the
ordnance it will provide the Police Department with the authority to enforce the current park rules.
Public Comment: N/A