The use of a Dog Recreation Space shall be subject to the following conditions:
(1) No dog may enter a DRS or recreate within a DRS unless it is licensed and vaccinated for rabies. No dog may enter a DRS or recreate within a DRS unless it is wearing a collar with the license, the vaccination tag, and a tag with the dog's name, Owner's name, and Owner's telephone number secured to the collar at all times.
(2) No dog may enter a DRS unless it is more than four (4) months old.
(3) No person may enter a DRS unless he/she is eighteen (18) years of age or older unless he/she is accompanied by an adult which shall be responsible for the actions of the minor and any dog supervised by such minor.
(4) Except under exigent circumstances, no person in or near a DRS shall run, shout, scream, wave, or engage in any behavior that excites or antagonizes a dog in or near the DRS or in any way violate the cruelty laws, including but not limited to M.G.L. c. 272, s. 77 and all persons shall note the liability restrictions in M.G.L. c. 140, s. 155.
(5) No female dog in heat may enter a DRS.
(6) No dog shall enter or exit the DRS unless restrained by a Dog Keeper on a leash complying with the requirements of the City of Boston Code and each and every Dog Keeper must have a leash for each and every dog so handled on his/her person at all times.
(7) Each and every Dog Keeper must vigilantly supervise his/her dog(s), including but not limited to, (i) remaining within the DRS at all times during which his/her dog(s) is within the DRS, (ii) keeping his/her dog(s) within sight, (iii) maintaining adequate behavioral control over his/her dog(s) within and around a DRS, (iv) immediately filling any hole created by his/her dog(s) within and around a DRS and disciplining his/her dog from digging within and around a DRS, and (v) immediately removing and properly disposing of any and all dog waste from within and around a DRS.
(8) Each and every Dog Keeper must remove his/her dog from a DRS at the first sign of aggression from his/her dog(s) even if the aggression is defensive, retaliatory, or provoked. Dog Keepers and dogs within a DRS remain subject to the requirements, provisions, and penalties of CBC 16-1.9B and M.G.L. c. 140, s. 157.
(9) No Dog Keeper may bring more than three (3) dogs into or around a DRS at one time.
(10) In no event may bicycles, roller blades, roller skates, scooters, skateboards, strollers, or other similar items enter a DRS. Wheelchairs are expressly permitted within a DRS.
(11) In no event may a Dog Keeper or dog enter a DRS after 11:00 p.m. or before 6:00 a.m.
(12) Use of a DRS shall constitute (i) the consent of the user, Dog Keeper, and/or Owner to all of the laws, ordinances, orders, rules, regulations, and policies governing the operation and use of a DRS, (ii) a waiver of the user, Dog Keeper, and/or Owner of any liability of the City of Boston for any injury or damage arising as a result of the use of a DRS, and (iii) the agreement of the user, Dog Keeper, and/or Owner to protect, indemnify, defend, and hold harmless the City of Boston for any injury or damage arising as a result of the use of a DRS.
Nothing in these sections shall prohibit the development and employment of a specific program to regulate the use of Dog Recreation Spaces which may require licenses and/or fees.
(Ord. 2004 c. 13 § 1)