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1N THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION N0.2009-076 (2318) RESOLUTION AMENDING TITLE 7, CHAPTER 1, SECTION 7.1.205 OF THE SAN LEANDRO ADMINISTRATIVE CODE RELATING TO RULES AND REGULATIONS FOR THE USE OF PUBLIC PARKS AND RECREATIONAL FACILITIES RECITALS WHEREAS, pursuant to San Leandro Municipal Code Section 4-27-100 it is within the City Council's power to regulate and protect public property owned and administered by the City; and WHEREAS, it has come to the City Council's attention that playing fields, ball parks and the citizens that use and play on them, especially youths, are detrimentally affected by dog owners permitting their animals to deposit body waste fluid or matter upon such playing fields and ball parks, thereby creating a danger to public health, safety and welfare; and WHEREAS, the City Council, is sensitive to the needs of dogs and their owners but also aware of the legal requirements imposed upon dog owners by the City, including San Leandro Municipal Code Section 4-11-435(b), which provides that it is unlawful and a nuisance for any person owning, keeping or having in his care or custody any animal to allow, permit or suffer such animal to damage or to repeatedly deposit its excrement on public property; and WHEREAS, the City Manager recommends that to protect the public health, safety and welfare, and to provide a fair and equitable means to enforce existing law, pursuant to San Leandro Municipal Code Section 4-27-100, by this resolution the City Council adopts a regulation prohibiting dogs from entering and roaming upon certain ball parks and playing fields within the City. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: That Title 7, Chapter 1, Section 7.1.205 of the San Leandro Administrative Code is amended to add subsection (1), to read as follows: (1) Allow any animal under his or her care or custody to enter onto any ball park or playing field approved for organized play, subject to exceptions for disabled persons requiring the assistance of an animal and special events with prior approval of the City Manager. Introduced by Councilmember Prola and passed and adopted this 1 ~ day of June, 2009, by the following called vote: