DISCLAIMER

RECREATION, LIBRARIES AND AUTHORITIES COMMITTEE


08-0341R                                                           AS AMENDED


RESOLUTION DESIGNATING CERTAIN TRAILS AND AREAS FOR USE AS OFF-LEASH DOG TRAILS AND AREAS.

BY COUNCILORS ANDERSON, GARDNER AND STAUBER:

     The city council finds:

     (a)  Ordinance 08-035 and Section 6-36.2 of the Duluth City Code, 1959, as amended, provide for the designation of off-leash trails and areas on public property under certain conditions. Dogs having a current off-leash license may use said trails and areas without being restrained by chain or leash; and

     (b)  The Duluth parks and recreation commission, after conducting a public hearing and deliberating on the issue, recommends that the following three trails and areas abutting these trails and a fourth area be designated for use by the public as off-leash trails and areas for dogs having a current off-leash license:

           (1)  Birchwood Park area;

           (2)  Central Park area;

           (3)  Amity/Maxwell Road area; and

           (4)  Howtz Street and Rice Lake Road, said designation to be effective only after fencing of the entire perimeter has been erected as determined by the city’s chief administrative officer.

     NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council, under authority of Ordinance 08-035 and Section 6-36.2 of the Duluth City Code, 1959, as amended, hereby establishes the above trails and areas, substantially as shown on Public Document No. __________, on file in the office of the city clerk, as off-leash for the purpose of allowing dogs having a current off-leash license to use said trails and areas without being restrained by chain or leash, except that the designation of the Howtz Street and Rice Lake Road area shall not be effective until fencing of the entire perimeter has been erected as determined by the city’s chief administrative officer.

     BE IT FURTHER RESOLVED, that this resolution shall not take effect until all of the following have occurred:

      (a)  Ordinance 08-035 becomes effective;
      (b)  A resolution establishing fees for off-leash licenses has been adopted; and
      (c)  A resolution establishing rules for off-leash trails and areas has been adopted;
      (d)  The parks and recreation commission has adopted a resolution identifying a responsible incorporated entity to operate the dog trails with no in-kind or monetary contribution from the city; and
      (e)  A memorandum of understanding has been executed
.

 


COUNCIL REQ/ATTY


STATEMENT OF PURPOSE:  On December 17, 2007, the Duluth City Council approved the concept of off-leash trails and areas for dogs under certain conditions as set forth in the predecessor ordinance to Ordinance 08-035, which was Ordinance 07-085. The council, however, referred the issue back to the parks and recreation commission to include the trails committee to recommend which trails or areas would be used for this purpose.


After several meetings regarding the selection of appropriate trails not currently designated for any use, GIS mapping of the specific areas, and a public hearing by the parks commission, the three trails and abutting areas set forth above are recommended to the city council for approval for off-leash designation. The fourth area, the old police shooting range on Howtz Street and Rice Lake Road, is recommended for approval for off-leash designation when fencing has been put around the entire perimeter. The designation of the trails/areas will not take effect until Ordinance 08-035 becomes effective, a resolution establishing fees for off-leash license has been adopted and a resolution establishing rules for off-leash trails and areas has been adopted. The resolution regarding fees and the resolution regarding rules will be considered separately by the council in the near future.