PROPOSAL Cedar City Council February 15, 2012
Dear Council Member, Thank you for your time and consideration of this proposal. We have put together a package of information based on feedback from two meetings with the Parks & Recreation Advisory Board, suggestions from the community, and the findings of our research. As residents, taxpayers, and dog owners of Iron County we need a safe, enclosed, and legal off-leash area for our canine family members. Dog parks are often the most utilized parks in a City because they appeal to a broad demographic of residents. We would like to add a dog park to the list of City amenities and attractions such as the Aquatic Center, Park Discovery, Diamond Z, the athletic fields, the skate park, the tot lots, the equestrian center, the horseshoe park, the golf course and the walking trails. The dog park will serve a larger purpose for the residents, senior citizens, and the disabled who welcome the opportunity to socialize with those who share a love of dogs. It will create a deeper sense of community among dog owners, forge new friendships, and increase the learning opportunities we as pet parents gain from sharing experiences. There are 4 proposed locations for your review, and we would appreciate your advice as to which site you believe is best. We welcome any suggestions you may have for other sites not included in this proposal. We are in the process of investigating other local non-profit organizations who may be willing to help us through their existing tax exempt status. Although we can t accept donations at this time, we have received pledges of support. Please refer to the remaining documents for specific details regarding community benefits, concerns, liability issues, structural and design requirements, and estimated costs. Should you wish to contact us, we can be reached at ccdogpark12@gmail.com. Thank you for your time and consideration. Sincerely, Friends of the Cedar City Dog Park
Community Benefits Promotes responsible dog ownership. Dog parks prevent off-leash animals from infringing on the enjoyment of other park users such as joggers, small children, and those who may be fearful of dogs. Parks also make it easier for a city to enforce its leash laws, as dog owners with access to a dog park will have no reason to allow their canine companions off-leash when outside of the park. Provides elderly and disabled owners with accessible space. Dogs provide companionship to many elderly and disabled people, and a dog park provides an excellent place for them to enjoy the outdoors and socialize with others which is important for their health and well-being as well as their dogs. Many residents have demonstrated their desire for an off-leash dog park. Friends of the Cedar City Dog Park have collected about 1,000 signatures, and there are 22 local businesses hosting our petitions. We have also received numerous letters of support. Stopping the use of the athletic fields for off-leash dog use. We believe a dog park will substantially reduce or possibly eliminate the use of athletic fields as areas to play or exercise with dogs. Owners typically break leash laws because it is difficult to exercise and play with a dog while it is leashed. A dog park will provide a large open area for dogs to do all of the things now being done in the athletic fields such as running, playing fetch, Fly Ball, Frisbee, etc. 1
Local dog trainers are willing to volunteer time for educational purposes. A dog park will provide a space for residents to meet with local dog trainers and discuss behavioral issues, exchange information and ideas, teach children dog training tips, etc. Dog owners are a substantial group of residents and park users. Dog parks are the most utilized recreational areas because they have multi-generational appeal. The U.S. Humane Society states that thirty-nine percent of U.S. households own at least one dog. On average, owners have almost two dogs (1.7) in their home. Some of the bigger dreams for the dog park. Dog parks may be rented at an hourly rate, similar to a pavilion, for agility competitions, dog shows, training classes, fly-ball and other sporting games. We believe Cedar City is a perfect place to host these attractions, especially in the summer months when St. George and Las Vegas, for instance, are too hot. Through our research, we ve found seven local hotels who welcome the furry family members. This could boost the Cedar City economy substantially because hundreds, if not thousands, attend these events year round and this fits within our Festival City. 2
Concerns & Objections We have plenty of open space. Why not go up the mountain or outside the City limits? Dogs can be lost, particularly a small dog, in an open area and may never be found. Wildlife is unpredictable and dangerous to the owners and the dogs, particularly snakes and ticks. Some owners and/or dogs are not able to navigate the terrain due to physical limitations or health problems. There is a fair amount of trapping and illegal dumping that occurs on open land. It can be difficult to know whether you re on public land or unintentionally trespassing on private land. Foxtails and other noxious weeds can pose a serious health concern to the dog should one become lodged in their ear or burrow into their fur and may result in a costly visit to a veterinarian. A dog owner can face stiff fines should their dog harm or kill an endangered species. A dog park is a place where a large amount of dog fights, bites to humans, and attacks will happen because it s where uneducated dog owners congregate. The research shows the greatest number of dog bites occur in the home or on the owner s property and is most often from the family pet to the owner or another family member. The second largest number of bites or attacks happen close to the owners home or the home of the bitten person. You are more likely to be bitten by your neighbor s leashed dog walking down a sidewalk than by an unfamiliar dog enjoying a dog park. All dogs will bite given the right set of circumstances, however we were not able to find any statistics claiming a large amount (or any amount for that matter) of dog bites, fights, or attacks occur in a dog park. 3
Friends of the Cedar City Dog Park is in favor of posting signs within each dog enclosure to educate the owners on how to stop a dog fight without endangering themselves in the process. For more information and statistics, please visit http://dogbitelaw.com. A dog park is too much liability for the City and the taxpayers. Based on our meeting with Paul Bittmenn, the park will be insured the same as the other recreational areas in our community through Utah Risk Management Association. The City s liability lies within the structure and design of the park itself and not the behavior of the owners or the dogs. The City s liability will be covered in further detail later in this proposal. I don t want my R.A.P. tax dollars used for a dog park. The community has needs and they should be met before the wants of a special interest group. Tax dollars are tight due to the economy, and a dog park seems frivolous. It s important to remember all citizens pay taxes and support each other s interests even when there is no direct benefit to them individually. For example, all citizens contribute tax dollars to build and maintain the tot lots, the athletic fields, etc., but only those with children and those who participate in a particular sport utilize those amenities. Dog owners are not only a special interest group. We are your family members, friends, and neighbors who are not allowed to utilize the recreational areas for our purposes and interests. Many households have children AND furry family members who take their kids to the tot lot to play, yet they can t unleash their dog and enjoy a game of family Frisbee without violating the leash laws. Once Cedar City has a dog park, we won t be allowed to take our dogs to any other parks even if they are leashed. Our research team was unable to find any municipality in Utah that disallowed leashed dogs in other parks simply because they have an off-leash dog park. Does the City Council have any plans to ban leashed dogs from the City parks if a dog park was built in Cedar City? 4
Liability Issues Federal Laws grant "dangerous condition" immunity from public liability relieving the public agency of liability, especially for the acts of third parties using the public property (example: Gov't. Code section 830 et al. seq.; Jones v. Czapkay (1960) 182 Cal.App.2d 192). Nevertheless, the City should take precautions to protect itself and the taxpayers from potential liability. There are several ways to limit liability, including: Express assumption of liability and indemnification by users of the off-leash areas. The City has two options for indemnification: 1. The City can enact a permissive use ordinance such as the following: "The use of an off-leash area by a dog owner or other person having care, custody, or control of the animal shall constitute agreement and a waiver of liability of the city, and his or her agreement to protect, indemnify, defend and hold harmless the city from any claim, injury, or damage arising from or in connection with such use. (This example was taken from the City of Claremont Ordinance 11.02.125(E).) 2. A second option of indemnification can be achieved by requiring the issuance of a City dog license and an expressed indemnification agreement at the time of issuance. Signage Full and complete signage advising visitors the park is an off leash area, they use the dog enclosures at their own risk, and advising dog owners of their assumption of liability and hold harmless agreement. Friends of the CCDP are in favor of posting signs similar to Example 1. We are also in favor of signs with tips on how to break-up a dog fight, the facts about not cleaning up after your dog, and recognizing dog language and behavior. 5
Insurance Due to the laws providing strict liability to an owner for any biting or damage caused by their dogs, the City is not liable for any behaviors or problems created by a dog. The City should not need to purchase additional liability coverage specifically for the dog park. Sandy City does carry additional insurance but has never had a claim according to Dan Medina. It is our understanding they purchased coverage to cover their legal fees should the City be named in a lawsuit arising from a legitimate incident or from a lawsuit deemed frivolous. Link on liability information: http://www.avdogpark.org/portals/20/dog%20park%20liability%20and%20insurance%20report.pdf Possible Liability Areas occur: There are two areas where the City may be found liable should one or both of the following 1. The structure of the park fails. For instance, if a dog slipped underneath a fence and escaped an enclosure then the City may be liable for any damage, harm, or costs due to inadequate fencing. Items in the enclosures such benches, tables, or play equipment should be non-skid and free of openings which may trap a paw. Design elements of the park will be discussed in the next section. 2. Failure to enforce the rules of the park. The posted rules of the park must be enforced by Animal Control or the Police Department IF they are made aware of a dangerous situation caused by a park user not following the rules. 6
Design Elements i. A 5' to 6' chain link fence. The dog enclosures should try to avoid 90 degree angles as much as possible so dogs cannot be cornered by other dogs. All fencing should include a top bar (or possibly a roll bar) and a bottom bar. A general guideline to follow for fencing and gating: if a Great Dane could jump over the top or a Tea Cup Poodle could slip underneath, then the fencing/gating is inadequate. ii. Mow curb (concrete) underneath all fencing to prevent digging as shown in Example 2. iii. A minimum of 2 acres or more fenced into areas for large dogs, small dogs, and a single family unit area (i.e. 1 acre for large dogs,.75 acre for small dogs, and.5 acre for single use area). iv. Shade is needed for the dogs after they exercise and for the people, particularly the elderly during the Summer months. The design will try to incorporate any existing trees for shade, and the benches would be positioned in these areas. If not, structures will be needed to provide shade over benches. v. Specialized water fountains with permanent dog bowls (see Example 3) as well as a spigot for hose attachment. The design must allow for drainage, particularly around the dog fountain, in order to avoid mud. vi. A.D.A. accessible parking close to site. vii. Surface materials: Higher use areas should have a material like decomposed granite, diatomaceous earth, engineered wood fiber, gravel or K9 grass. Grass can be used as well, but it is not generally used in the high traffic zones as it tends to thin very quickly and has higher maintenance costs. SofSolutions is a rubberized tile which allows the grass to grow through and prevents thinning. Visit www.dog-on-it-parks.com and www.k9grass.com for more details. viii. Covered garbage cans with regular trash removal. ix. Bulletin board that allows users to post notices, showcase animals for adoption at our City and County shelters and rescue organizations, and the maintenance schedule of the park. 7
x. Benches are needed for the elderly and disabled, but should be relatively limited as dog owners should be encouraged to stand and interact with their dogs to keep them under control. Benches should be located away from the dog park entrance to avoid clustering. xi. xii. xiii. xiv. xv. xvi. Wheel chair access. Parking lots should be paved, and the entrance and areas leading to benches or tables and shade structures should be paved to provide handicap access. SofSolutions mentioned above are also A.D.A. compliant. We would like to incorporate a walking path (see Example 4) around the interior of each fenced area for those who want to exercise themselves while their pets run off-leash. Regular maintenance. Our volunteer group and regular users of the park can be useful in helping to keep the park clean and maintained. SUU students, 4-H, and Scout troops could be approached as volunteers. Those sentenced to community service may also be useful. A bulletin board to allow notices, showcase animals for adoption at our City and County shelter and rescue organizations, the maintenance schedule of the park, and training tips or ideas. The entry/exit must be double gated as shown in Example 5. Ideally, the entrance and the exit for each enclosure should be separate to prevent dogs from congregating in one place which can result in fighting or escaping. If there is only one entrance and exit, the inmates quickly learn where newcomers will enter and tend to cluster in that particular area. To help prevent fights between entering dogs and those inside, the dog park entrance should be far from the main center of dog activities. Pooper scooper stations and plastic bags for fecal removal with waste bins closely spaced. Friends of the CCDP can be helpful in this area, but all visitors should pick up after their dogs. If each park user picked-up after their own dog plus one that may have been unintentionally missed, the park would be clean at all times. 8
Project Cost Estimate Fencing & Gating approximate cost $22,500.00 per Robinson Fencing 2,000 linear ft. of 6 chain link fence installed @ $10.00 per linear foot 3 triple gated entrance/exits @ $833.00 each = $2,500.00 Water Fountains approximate cost $10,500.00 People (ADA compliant) & dog combo $3,500.00 each Interior perimeter (between mow curb & play area) Road Base: approximately $1,050.00 from Western Rock Chat: approximately $3,000.00 from Rocky Ridge Bulletin Board - $1,200.00 Yearly advertising costs approximately $4,000.00 Includes - website, flyers, fundraising, campaigns, etc. Signage - approximately $900.00 @ Rainbow Signs (Note: This is a discounted rate) Dog waste bag dispenser - $1,800.00 for 3 @ $600.00 each Benches (Note: benches/tables must be solid or have small perforations to avoid paw injuries.) Concrete Bench 3 @ $750.00 each = $2,250.00 Bench extra heavy 11-gauge perforated steel 3 @ $562.00 = $1,686.00 *Item 7202 from www.dog-on-it-parks.com 9
Trash containers - 3 @ $270 each = $810.00 Grass seeding, decomposed granite, engineered wood fiber and ground prep - $6,000.00 Diamond D needs a definite location to quote the cost of concrete, demolition, grading and water lines. Below are estimates taken from other park proposals. Water meter, waterlines and irrigation: $3,000 with grass; no estimate without grass. Demolition and Grading - 24 hours @ $170.00/hour = $4,080.00 Concrete / Mow Curbing 4 x 6 approximately $3.00 per foot General Overhead & Surprises = $12,474.00 Landscape Architect = $30,000.00 (Jackson Land Design, Pocatello, ID., includes 5% contingency fee.) Total Estimate = $100,000.00 *Will vary due to location & actual size of the park Estimated Yearly Maintenance Cost The maintenance of dog parks varies tremendously depending on the size of the park and the surface materials used. Trash containers should be emptied daily and waste bags restocked when needed. While owners are required to clean up after their dogs, it is inevitable some areas will be missed. Clean-up rounds should be made weekly to make sure the park is free from excessive waste which may be done through community service groups or those sentenced to community service by the Court system. It is recommended the fencing and other equipment be hosed down at least once per week to prevent urine stains and odors. Park professionals in other areas estimate $8,000.00 in annual maintenance costs. This includes about 3 hours per week in cleaning, grass cutting, emptying the trash, and refilling bag dispensers. The maintenance costs can be offset by charging a per hour rental fee (similar to renting a park pavilion) for those who wish to reserve an area for training classes, competitions, etc. 10
Proposed Locations Friends of the CCDP have located four possible locations, and we have both pros and cons for each. These sites were chosen with input from Wally Davis and Parks & Recreation Advisory Board, and we welcome any other suggestions. A. Southeast end of 800 South B. Canyon Trail on 200 South C. Bicentennial Park behind existing parking lot across from the Soccer field D. Cove Drive North of Middle School & West of the Softball complex 11
Positive Attributes Southeast end of 800 South Easy access to the walking trail Very limited residential exposure Central location and easy to find Plenty of acreage for future expansion Not a high traffic area Close to dog friendly hotels Subsidence issues may have little or no effect on the park Concerns Limited parking & street access No restrooms 12
Canyon Trail Positive Attributes Close to hiking trail Limited residential exposure 3 homes face the proposed site Central location and easy to find Plenty of land for future expansion Temperature may be cooler during the Summer Concerns Limited parking Will require costly excavation and leveling due to rough terrain & slope Limited design and entrance options due to the shape of the property created by the existing access road and the Canyon Trail May be difficult for the disabled and the senior citizens to maneuver the terrain Possible flooding and mud issues due to Spring runoff Will require a deer fence to keep the wildlife out of the park No restrooms nearby 13
Positive Attributes Bicentennial Park (Behind the parking lot across the street from the Soccer fields) Existing restroom and parking lot Tot lot nearby Close to established athletic fields making it more convenient for families to visit Conveniently located in the middle of town Cemetery & Iron Mission State Park provide landmarks for visitors trying to locate the park Concerns Very busy during Summer Games, Soccer season, and other events held at the park Site is 1.06 acres and we need a minimum of 2 acres for Phase 1 Limited or no street parking the street is very narrow; may have to park and walk making access difficult for the disabled and the senior citizens Residences with back yards facing proposed site 14
Positive Attributes Cove Drive (Across the street from the Softball Complex & North of the Middle School) High visibility & easy to locate for those visiting Cedar City Close to established family recreational areas such as the Aquatic Center, Park Discovery and the Softball complex making it more convenient for families to visit. Parcel is 10 acres allowing for future expansion Extra-wide streets allow for convenient & safe parking South end of town is a hub of shopping and restaurants Easy access for the disabled and the senior citizens Accessible from the North, East, and South Residences are distant and will not be bothered by the dogs or traffic Close to bathrooms Concerns Middle School children walk to/from school and extra precautions will be necessary High traffic during the Summer Games, Little League season, and Softball tournaments The corner of Royal Hunte Drive & Cove Drive is blind and may need a crosswalk 15
EXHIBITS Cedar City Council February 15, 2012