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File #: 2018-815    Version: 1 Name:
Type: Discussion Status: Agenda Ready
File created: 10/24/2018 In control: City Council
On agenda: 11/7/2018 Final action:
Title: CONSIDER APPROVING ORDINANCE NO. 18-1812 THAT WOULD AMEND SECTION 3301 (ADDITION TO ANIMAL CONTROL ORDINANCE) OF CHAPTER 3 (POUND REGULATIONS) OF ARTICLE III (PUBLIC SAFETY) OF THE CARSON MUNICIPAL CODE (CITY COUNCIL)
Attachments: 1. Section 21100 and 21101, 2. 2010 ADA Revised Requirements, 3. California Civeil Code section 54_1 and 54_2, 4. Section 3301, 5. Ordinance No. 18-1812
Report to Mayor and City Council
Wednesday, November 07, 2018
Consent


SUBJECT:
Title
CONSIDER APPROVING ORDINANCE NO. 18-1812 THAT WOULD AMEND SECTION 3301 (ADDITION TO ANIMAL CONTROL ORDINANCE) OF CHAPTER 3 (POUND REGULATIONS) OF ARTICLE III (PUBLIC SAFETY) OF THE CARSON MUNICIPAL CODE (CITY COUNCIL)

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I. SUMMARY

The City of Carson has always permitted service animals in its public parks pursuant to its policy against discrimination and harassment codified in Carson Municipal Code (CMC) Sections 21100-21101 (Exhibit No. 1). Title II and III of the Americans With Disabilities Act (ADA) generally states that entities must permit service animals that accompany individuals with disabilities to enter all areas where the public is permitted to go (Exhibit No. 2). State law provides a similar requirement (Exhibit No. 3). However, Section 3301 of the CMC prohibits the owner or person having custody of any dog to allow said animal to enter any public park, except for teaching uses when approved by the Director of Parks and Recreation {now Community Services Director} (Exhibit No. 4). In an effort to clarify, restate, and reaffirm the City's policy against discrimination and harassment, and to ensure public awareness of the City's compliance with the ADA and State law, staff is requesting that the City Council approve Ordinance No. 18-1812 (Exhibit No. 5).

II. RECOMMENDATION
Recommendation

APPROVE Ordinance No. 18-1812 that would amend Section 3301 (Addition to Animal Control Ordinance) of Chapter 3 (Pound Regulations) of Article III (Public Safety) of the Carson Municipal Code, by expressly permitting service animals accompanying individuals with disabilities to enter all areas of the City's parks where the public is permitted to go, subject to certain requirements and exceptions.
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III. ALTERNATIVES

1. DO NOT APPROVE the recommendation.
2. TAKE another action the City Council deems appropriate
IV. BACKGROUND

The ADA requires state and loc...

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