HomeMy WebLinkAbout01-30-17 CC Mtg - C4. Resolution 4767, Leash-Free Area at Bozeman Pond ParkCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carolyn Poissant – Manager of Trails, Open Space, and Park Development
Mitch Overton – Director of Parks and Recreation
SUBJECT: Resolution 4767 - Pursuant to 8.02.080.H, Bozeman Municipal Code, Designating an Additional
Dog Restraint-Free Area at Bozeman Pond Park
MEETING DATE: January 30, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution 4767 in order to include the enclosed dog restraint-free area in
the Bozeman Pond Park expansion, as stipulated in Chapter 8. Article 2 Section 8.02.080 (G.) of the Bozeman
Municipal Code
BACKGROUND: Resolution No. 4494 approved the allocation of Trails, Open Space and Parks (TOP) bond
funding in an amount not to exceed $1,045,000 for the acquisition of park land and development of the
Bozeman Pond Park Expansion Project (“Project”). Resolution 4494 states the primary goals of the Project are
to include: 1) a 5-acre natural park between the existing Bozeman Pond Park and Ravalli Road; 2) a 3.5 –acre
off-leash dog exercise area; 3) a paved, shared-use path paralleling Fowler and natural surface trails that offer
recreational opportunities, provide access to park amenities, and create alternative transportation routes to
community facilities; and 4) a restroom and 5) a 50-car parking lot to serve the park, playground, and dog
restraint-free (off-leash) area. Commission approved the master plan for the Bozeman Park Expansion on July
27, 2015 and the site plan on December 7, 2015, which included the additional dog restraint-free area. Approval
of Resolution 4767 will allow park patrons to legally utilize the “Lewis and Bark Park” as dog restraint-free
area and it will be added to city mapping as such.
UNRESOLVED ISSUES: None
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: Run Dog Run has assisted with dog waste removal due to Park Operations capacity
constraints.
ATTACHMENTS: Resolution 4767
Report compiled on: January 20, 2017
52
COMMISSION RESOLUTION NO. 4767
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PURSUANT TO 8.02.080.H, BOZEMAN MUNICIPAL CODE
DESIGNATING AN ADDITIONAL DOG RESTRAINT-FREE AREA AT BOZEMAN
POND PARK
WHEREAS, Ordinance No. 1764 declares the intent of the City Commission to “provide
adequate, safe, and identifiable locations for citizens to allow accompanied dogs to exercise without
restraint without infringing on the rights of other community residents and visitors;” and
WHEREAS, 8.02.080.A of the Bozeman Municipal Code (BMC) provides “it is unlawful for the
owner of any animal to fail or keep such animal under restrain or to permit such animal to run at
large upon the streets and public ways of the city”; and
WHEREAS, 8.02.080.B, BMC, provides, “Any dog, while on a street, sidewalk, public
way, or in a park or other public space, other than areas as designated pursuant to subsection G of
this section, or upon any private property without the consent of the property owner, shall be
secured by a leash or chain of sufficient tensile strength to restrain the particular dog, such leash or
chain not to exceed six feet in length. However, while actually participating in instructional
obedience training, dogs may be temporarily restrained by a leash of greater length”; and
WHEREAS, 8.02.080.H, BMC, states, “the city commission may, by resolution,
designate [] areas within the city which shall be exempt from subsections A and B of this section
8.02.080]…;” and
WHEREAS, the city commission approved the master plan for the Bozeman Park
Expansion on July 27, 2015 and the site plan on December 7, 2015; and
53
WHEREAS, the master plan and site plan include a fenced enclosure for restraint-free
exercise of dogs.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
A. The location within Bozeman Pond Park, legally described as Lot 4A Van Horn
Subdivision, 511, T02 S, R05 E, Lot 4A, ACRES 3.43, PLAT E-39-C, and which area is
shown on Exhibit A is declared a restraint-free area and therefore shall not be subject to
the requirements of 8.02.080.A and B, BMC.
B. Any person using any other location in Bozeman Pond Park not subject to this Resolution
shall continue to be subject to the restrain and confinement provisions of 8.020.080, BMC
and all other applicable state and city laws.
C. The City Manager must take all steps necessary to implement this Resolution.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 30th
day of January, 2017.
___________________________________
CARSON TAYLOR
Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
54
56