A.   For purposes of this section, the term DOG PARK shall mean and include a ‘park’ as defined in § 12.00.020.B of this chapter that is designated by signage as a DOG PARK, and is a fenced in area where dogs are permitted off-leash for exercise and other recreational purposes.  In addition to the rules and regulations governing use of city parks, trails and recreational facilities set forth in this Chapter 12.00, any and all use of and/or presence within any dog park is subject to the following rules and regulations:
      1.   The City of Brea does not actively or regularly provide police or other protection, or monitor activities of persons present in any dog park and, therefore, the city disclaims any and all duty of care to prevent injuries by dogs within any dog park, to the maximum extent permitted by law.  Dog owners (‘owners’) assume all liability and risk related to their use of the dog park.  The city shall not be liable for any injury or damage caused by any dog brought into the dog park.
      2.   Owners must clean up after their dogs.  Owners must remove and properly dispose of all dog waste in the provided receptacles.
      3.   Owners may never leave their dog unattended.
      4.   Female dogs in heat and dogs with communicable illnesses are prohibited in all areas.
      5.   Dogs required by law must have current licenses and required vaccinations, and be wearing a flat collar with visible county-registered dog tag.
      6.   Dogs showing aggression toward people or other animals shall be immediately removed from the park by the handler.  Dogs known to exhibit aggressive behavior are not permitted.
      7.   Puppies under four (4) months of age are prohibited.
      8.   Owners must carry a six (6) foot or shorter leash at all times and keep their dogs on leashes going to and from any enclosed area of the dog park.
      9.   No person may bring more than three (3) dogs at one (1) time into a dog park, or have more than three (3) dogs in their possession or under their control or attempted control, at any time while in a dog park.
      10.   Toys of any size or shape are prohibited in the dog park, excluding frisbees and balls.
      11.   Children under sixteen (16) years of age must be accompanied and supervised by an adult at all times in all areas.
      12.   Owners are responsible for damages caused by any unprovoked injuries to other dogs and/or persons present in a dog park caused by their dogs or by a failure of the owner to comply with any of the provisions of this § 12.00.095.  Owners are also responsible for all damages caused by any unprovoked injuries to other dogs and/or persons present in a dog park, attributable to a failure of any minor child of such owner to control their dog, or to comply with any of the provisions of this § 12.00.095, to the maximum extent permitted by law.
      13.   Smoking is prohibited in the dog park.
      14.   No human or dog food or treats of any kind are permitted.
      15.   Commercial/professional dog activities are not permitted.
      16.   Use of any area designated as a ‘small dog park area’ is limited to dogs weighing twenty-five (25) pounds and under.
      17.   Use of any area designated as a ‘large dog park area’ is limited to dogs weighing over twenty-five (25) pounds.
      18.   Certified service dogs, of any size, are exempt from dog size restrictions and are allowed in any part of the park.  Certified service dogs, because of the training and testing they receive, are allowed to be with and stay with their owner at all times - anywhere the person is allowed to be.
   B.   Rattlesnakes, coyotes and/or other potentially dangerous wildlife may be present in any dog park located next to areas of open space.  The city shall have no obligation to provide any further warning, including posting of signs, concerning such dangers.  Owners must exercise caution, and are deemed to assume all risks inherent as a result of the presence of such animals.
   C.   Each person entering a dog park must review and thereafter comply with any and all additional rules and/or regulations set forth in signage posted at entrances to the dog park.
   D.   Any person violating any provision of this § 12.00.095 is guilty of an infraction and shall be punishable as provided in Chapter 1.04 of this code.  Alternatively, violators may be punished by issuance of an administrative citation.  Notwithstanding the foregoing, the rights of any person to enter or use any dog park, after such person is convicted of violating any provision of this chapter more than three (3) times in any thirty (30) day period, may be suspended temporarily or permanently, following written notice to the violator and a hearing opportunity.  No person who, after a final decision following a hearing, is denied access to any dog park shall thereafter enter a dog park during the period such right of access is suspended.
(Ord. 1170, passed 10-15-13)