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HomeMy WebLinkAbout831 Dog Restriction in Tully Park• CITY OF MERIDIAN ORDINANCE NO. g~ ~ AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW SECTION OF CHAPTER 7 TITLE 8, MERIDIAN CODE OF THE CITY OF MERIDIAN; RELATING TO PARK REGULATIONS; PROVIDING FOR THE PURPOSES AND AUTHORITY, DEFINITIONS, AND PROHIBITING CANINES IN TULLY PARK EXCEPT FOR HEARING, VISUALLY OR PHYSICALLY IMPAIRED PERSON OR TRAINER ACCOMPANIED BY AN ASSISTANCE DOG; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 7 of Title 8 is hereby amended by the addition thereto of a new Section to to read as follows: • PURPOSES AND AUTHORITY: This Section is for the purpose of establishing rules and regulations for the appropriate use by the public and in the furtherance of the intended usage of the City of Meridian Parlc, know and designated as Tully Park, the legal description for which is herein set forth in this Chapter; and this Chapter is enacted upon the authority derived from the Constitution of the State of Idaho Article XII § 2 and from Idaho Code §§ 50-303, 50-302, and for the health, safety and welfare of the public. DEFINITIONS: For purposes of this Section, the following words and phrases shall have the meaning ascribed to them in this Section: A. Tully Parlc: That certain Municipal Park owned and operated by the City of Meridian more particularly described as follows: The Southwest 1/4 of the Northwest 1/4, Section 1, • Tully Parlc Rules and Regulations Ordinance - 1 • Township 3 North, Range 1 West, Boise Meridian, Ada County, State of Idaho; except therefrom, a strip approximately 100 feet in width along Five Mile Creelc, more particularly described as follows: Portions of the Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; commencing at the 1/4 corner common to Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian; thence North 0 degrees 00'29" West 1001.70 feet to THE REAL POINT OF BEGINNING, thence North 0 degrees 00'32" West 331.20 feet, thence South 89 degrees 15'40" East 96.69 feet, thence South 0 degrees 26'04" West 291.98 feet, thence South 32 degrees 37'02" East 110.41 feet, thence South 57 degrees 12'23" East 139b.47 feet, thence South 0 degrees 03'37" West 118.88 feet, thence North 57 degrees 12'23" West 1482.55 feet, thence North 32 degrees 37'02" West 151.10 feet to THE REAL POINT OF BEGINNING. • ALSO EXCEPT: A portion of the Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise, Meridian, Ada County, State of Idaho, more particularly described as follows: Commencing at the 1/4 corner common to Sections 1 and 2, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho; thence along the 1/4 section line South 89 degrees 27'12" East 40.00 feet to a point on the proposed East right-of-way line of Linder Road, said point being THE REAL POINT OF BEGINNING; thence along said right-of-way line North 0 degrees 00'29" West 85.00 feet; thence leaving said right-of-way line South 89 degrees 27'12" East 120.00 feet; thence South 0 degrees 00'29" East 85.00 feet; thence • Tully Parlc Rules and Regulations Ordinance - 2 • North 89 degrees 27'12" West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPT: Any portion of Linder Road and Five Mile Creelc. B. Canine: Shall mean and include either male or female, whether neutered or spayed, whether full domesticated canine or partial wolf, partial coyote, entire wolf or entire coyote. C. Assistance Dog: Shall mean and refer to a dog that has been trained as a guide dog for a blind or visually impaired person, a hearing dog for a hearing impaired person, or a service dog for a physically disabled person, or as otherwise defined in Idaho Code Section 56-701A2, and/or any amendments or recodification of said section. D. Owner: Shall be construed to mean and include any • person owning, harboring, keeping, possessing, caring or having custodial duties over any Canine. CANINE PROHIBITED IN TULLY PARK: It shall be unlawful for an Owner to allow any Canine to be in Tully Parlc at any time except for a hearing, visually or physically impaired person accompanied by an Assistance Dog, or a person who is specially training or socializing a dog for the purpose of being an Assistance Dog in accordance with the provisions of Idaho Code Section 56-701A and any amendments or recodification of said section. SECTION 2: Due to the fact that the codifier is in the process of recodifying the Municipal City Code, the exact section number of this Ordinance shall be assigned by the codifier, and which section shall be approved at such time as the City Council approves the recodification in accordance with its authority under I.C. §§ 50- 903 and 50-905. SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. • Tully Parlc Rules and Regulations Ordinance - 3 • SECTION 4: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5: DATE OF EFFECT: This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of (,(,e , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~` day of _ ~~~ , 1999. a r Robert D. Corrie ATTEST: City Clerlc~ msg~Z:\WorlcW[\Meridian 15360M\Parlcs\Tully `i~`~`~~n~1u~~p~r ~,/ j, V+ .~ ~ ~ d~ ~ ~'~. ~ z ~ *,y( ~' s ~ ~ ~~ • Tully Parlc Rules and Regulations Ordinance - 4