HomeMy WebLinkAboutEGD-019-11REPORT
Leading the Way
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday May 9, 2011
Report #: EGD -019-11 File #:6M -366.1) By-law #: oZ//- 06-7
Subject: CLARINGTON LEASH FREE PARK
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT the Port Darlington Boat Launch site be approved as the location for
the Leash Free Park;
2. THAT the Rules of Use as set out in Attachment 2 to Report EGD -019-11 be
approved; and
3. THAT the by-law amending By-law 2006-227 (Attachment 3 to Report
EGD -019-11) be approved.
i
Submitted by: Reviewed b
T.
of.F-Jigiaeerinq Services
Submitted by:
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
PAGE 2
1.0 BACKGROUND
Over the past years the Municipality has received many requests from residents to
establish designated areas where dogs can roam off -leash. In November 2009
Clarington's Animal Advisory Committee also recommended the development of
one or more'dog parks. Many jurisdictions across North America are providing
public dog parks either within existing parks or as standalone facilities.
The Municipality's existing By-law 2006-227 regarding Animals at Large includes a
provision to allow dogs off -leash in designated areas only. Currently there are no
public areas designated to allow dogs off leash.
In 2006 the Newcastle Lions Club made a presentation to Council recommending
two projects, a Memorial Forest and a Leash Free dog park. The Newcastle
Memorial Forest is nearing completion at the Samuel Wilmot Nature Area and the
Lions remain interested in a dog park in Newcastle but no location, budget, or
schedule has been established.
At the January 10, 2011 GPA meeting Sharon Barclay appeared as a delegation
and presented a petition to Council with approx. 2,100 signatures requesting that
the Municipality construct a Leash Free Dog park located in Bowmanville. At the
January 17 meeting of Council the following resolution was approved:
"THAT the delegation of Sharon Barclay, regarding a request for an off -leash dog
park, be forwarded to the Director of Engineering Services."
Since that time Council approved funds in the 2011 Capital Budget to construct a
Leash Free Park with the location to be determined at a later date.
PAGE 3
2.0 COMMENTS
Following her delegation at GPA, staff from Engineering, Operations and Municipal
Clerks Departments met with Sharon Barclay and Dave Boyd, the two main
proponents behind the petition, as well as Terry and Jean Graham of the Newcastle
Lions to form a steering committee that would review possible locations, park
features, and to discuss the rules of use for a Clarington Leash Free Park.
The steering committee agreed that a fenced Leash Free Park was preferred rather
than an unfenced municipal site designated as an off -leash zone. A fenced park will
ensure that dogs are kept away from traffic, wildlife and other park users, while
allowing dogs to run free and interact. In other municipalities these types of dog
parks are typically 2 to 5 acres in size with a double gated entry system to prevent
escape. They sometimes contain a separate fenced area for small dogs. Amenities
can include water stations, benches, shade structures and bag dispensers.
2.1 Proposed Location (Attachment 1)
A Leash Free Park requires at least 2 acres of land for the dog park and additional
land for parking. Most of Clarington's existing Neighbourhood Parks are 4-5 acres in
size and have active recreation facilities such as sports fields, playgrounds and
trails. Neighbourhood Parks are also typically surrounded by houses and streets.
Therefore, retrofitting a Leash Free Park into an existing Neighbourhood Park is not
recommended.
The steering committee agreed that the Leash Free Park should be easily
accessible by car from Clarington's urban areas and also in a location that would
not adversely impact neighbourhoods. The availability of parking, or the potential to
construct a parking lot, was also an important consideration since most users drive
to dog parks. Based on those criteria, the committee discussed and evaluated
several potential sites including the south end of the Valleys 2000 site, the
Newcastle Community Park site, Soper Creek Park, and the municipal land just east
of the Bowmanville Rona development.
REPORT NO.: EGD -019-11
PAGE 4
The committee unanimously agreed that the 3 acre site just north of the Port
Darlington Boat Launch best fit the criteria for the Leash Free Park. The attributes of
the site include:
-easy to reach location by car
-central to the urban areas of the municipality
-no residential homes adjacent to the site
-site is large enough to create a fenced park including a separate area for small
dogs.
-there is an existing parking lot with the potential to create more parking
-site is less than 1 km from the Animal Services Centre on Lake Road
-site is next to the Waterfront Trail
-site is currently not designated for any other use
2.2 Open House
An Open House was held on April 18, 2011 to obtain feedback from the public on
the proposed location and also on the proposed rules of use, and the features to
include in the park. The meeting was advertised in the local newspapers beginning
two weeks prior to the Open House. Forty residents signed in at the Open House.
Eight comment sheets were submitted at the Open House and six were submitted
via e-mail, but most attendees provided their comments verbally to staff.
All of the comments supported the establishment of a Leash Free Park except for
one resident who didn't agree with constructing a park that not all residents would
use. There were also several requests to consider future Leash Free Parks in
Courtice and Newcastle. Most of the comments were related to the rules of use and
the features to include in the park. Some modifications to the park design and rules
of use are being recommended based on the public comments.
REPORT NO.: EGD -019-11
2.3 Leash Free Area Rules
PAGE 5
Clarington's Responsible Pet Owner By-law prohibits animals from being "At Large"
within the Municipality (ie.not under the control of the owner while in any place other
than the property of the owner ). The by-law further specifically prohibits dogs from
being At Large in any park except within designated areas. This particular section
of the By-law was included in the By-law in contemplation of future leash free parks.
To grant permission for owners of dogs to allow their dogs to be at large in a public
place is a step Animal Services staff have researched and considered very
carefully. Based on the many years of experience of our Animal Services Officers
and on the experiences of other municipalities who have worked with leash free
areas, staff developed a set of proposed Rules of Use for the designated leash free
areas. The intent, of course, for these rules was to create an environment that
would allow dogs to run free and socialize with other dogs while minimizing risk to
owners and their dogs.
The proposed Rules of Use were considered by the Steering Committee and then
presented at the Open House for public comment. The two main issues identified
by the comments received were in regards to the number of dogs an owner may
bring into the leash free area and the prohibition of unaltered male dogs. Upon
further review of the these two particular issues, the proposed Rules of Use have
been modified to increase the limit of dogs from two to three to coincide with the
number of dogs a person may keep (section 6.2 of the By-law), and to remove the
prohibition of unaltered male dogs. Note, all other proposed rules, including but not
limited to, age restrictions on persons permitted in the leash free area, prohibition of
female dogs in heat and dogs with muzzle orders, and the requirements for licences
and vaccinations remain unchanged and are detailed in Attachment 2 to this Report;
being a conceptual sign which will be posted at the park.
REPORT NO.: EGD -019-11
PAGE 6
To implement these proposed Rules of Use, an amendment to our Responsible Pet
Owner By-law is required. Based on input from the Animal Services Officers, input
from other municipalities across the country who have implemented leash free
areas, and input from our residents, staff recommend that Council approve the
proposed Rules of Use and adopt the necessary amending by-law, Attachment 3 to
this Report, to effect these rules.
3.0 CONCLUSION
The Port Darlington Boat Launch site proposed for Clarington's Leash Free Park
was identified in the advertisements for the Open House and was presented in
greater detail at the April 18th Open House. Most of comments received at the
Open House were supportive of establishing a Leash Free Park but did not indicate
any particular preference for the location of the park. Some comment sheets did
suggest other locations but most did not reference the proposed location at all.
Based on both the verbal and written comments it is recommended that Council
approve the Port Darlington Boat Launch site for the Leash Free Park.
Should Council approve the proposed location work can begin immediately to grade
and seed the site. The opening date for the Leash free Park will depend on how
quickly the turf becomes established at the site.
The proposed amending By-law establishes rules of use for the leash free area to
provide users with a park facility that protects both the dogs and their owners, and
which, for the most part have been tried, tested and proven in other municipalities.
It is recommended that the amending by-law (Attachment 2 to this Report) be
enacted by Council.
Attachments:
1. Leash Free Park Conceptual Plan
2. Conceptual Leash Free Park Sign
3. Amending By-law
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011 -XXX
Being a By-law to amend By-law 2006-227, a by-law to licence,
regulate and prohibit certain animals or classes thereof within the
limits of the Municipality of Clarington
WHEREAS Sections 9 to 11 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended ("Municipal Act"), confer the power to pass by-laws regulating or
prohibiting animals to lower -tier municipality;
AND WHEREAS the Dog Owners' Liability Act., R.S.O. 1990, c.D.16, as
amended, provides for controls on pit bulls and other dog breeds as defined in
the Act;
RATTPAOR MINT # t
AND WHEREAS the Municipality of Clarington is committed to Responsible Pet
Ownership;
NOW THEREFORE BE IT ENACTED
THAT By-law 2006-227 be amended as follows:
1.1 That the following definitions be added to Section 1.2:
LEASH FREE AREA — shall mean an area designated by the
Municipality where Dogs are not required to be on a leash but must be
under verbal control of an Owner.
UNDER VERBAL CONTROL — shall mean a dog in a leash free
area that is adhering to the verbal commands of an owner or person that
is verbally capable of controlling the dog to prevent the dog from lunging,
attacking, biting or interfering with a person or another domestic animal.
1.2 That the words "except in a designated area" in section 4.1.4 (b) be
deleted and replaced with the words "except in a Leash Free Area".
1.3 That the following section be added to Section 4 — ANIMALS AT
LARGE:
4.1.5 Notwithstanding Section 4.1.1, an Owner of a Dog may
permit the Dog to be off leash in any Leash Free Area subject to the
following:
(a) No Owner shall bring into any Leash Free Area:
i) a Restricted Pit Bull
ii) a Dog that must be muzzled or leashed in accordance
with an Order to Restrain issued by the Municipality of
Clarington or any other Municipality or under the Dog
Owner's Liability Act (DOLA)
iii) a Female Dog in heat
iv) a Dog without up-to-date vaccinations
v) a Dog wearing a spike, chain or pinch collar
vi) Any other animal other than a Dog
(b) In a Leash Free Area, every Owner of a Dog, shall
i) be least 16 years of age and capable of controlling
the Dog
ii) ensure that their Dog is Under Verbal Control and
within sight at all times
iii) immediately leash and remove their Dog from the
Leash Free Area if it creates a nuisance or shows
aggressive behaviour towards any person or other
domestic animal
iv) immediately leash and remove their Dog from the
Leash Free Area at the request of an Animal Services
Officer, if, in the opinion of the Animal Services
Officer, the Dog is showing signs of aggressive
behaviour towards any person or other domestic
animal or is creating a nuisance, or if the Owner fails
to comply with any provision of this By-law;
v) upon entering the Leash Free Area keep their Dog on
leash until they are inside the double gate, to prevent
escapes;
vi) upon exiting the Leash Free Area keep their Dog on
leash before exiting the double gate, to prevent
escapes;
vii) carry a suitable leash at all times for each of their
Dog(s);
a. limit the number of dogs they are bringing into the
Leash Free Area to a maximum of three (3)
b. not leave their Dog unattended
4.1.6 Children under 6 years of age are prohibited from entering
any Leash Free Area.
4.1.7 Children between 6 and 12 years of age must be strictly
supervised by an adult attendant while in any Leash Free Area.
4.1.8 No person shall bring in to or possess while in any Leash
Free Area:
i) any bottles, containers or any other articles equipment, or
utensils, made of glass, china, ceramic or other breakable
substance capable of causing injury to a Dog;
ii) any food, including but not limited to human or canine
variety.
4.1.9 No person shall conduct classes or professional training
within any Leash Free Area.
4. 1.10 Every Owner or any person attending a Leash Free Area is
legally responsible for their own dog(s) and any injuries or damage caused
by their dog(s). Persons who choose to use any Leash Free Area do so at
their own risk.
BY-LAW passed in open session this X day of XXXX.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk