(A) General. The Board of Commissioners for the town hereby authorizes within the municipal limits of the town dog park(s) for the purpose of allowing the off-leash exercise of dogs. The Board further directs and authorizes the Director of the Parks and Recreation Department to establish and operate said dog park(s) within existing town parks as authorized by the Board and he or she shall have the authority to control the dog park(s) and to make rules and regulations for its operation that are consistent with this chapter.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ATTENDANT. A person 18 years or older who brings a dog to the dog park(s). Such person is expected to be competent and knowledgeable relative to the behavior of, and have control over, said dog(s) at all times while at or inside the dog park(s).
DOG PARK(S). An enclosed fenced facility designated by the Board for the purpose of allowing dogs, under the control of their attendants, to exercise and socialize off-leash.
FACILITY. See DOG PARK(S).
OWNER. Person having legal ownership of any dog using the dog park(s).
VICIOUS DOG. A dog that has, without provocation, killed or inflicted a life-threatening injury upon a human being.
VISUAL CONTROL. The attendant can see the dog(s) and at all times.
VOICE CONTROL. The attendant is able to control and recall the dog(s) at all times, and is not allowing the dog(s) to fight with other dogs. A dog under VOICE CONTROL must immediately come to the attendant when so commanded.
(C) Dog park operations. Established dog park(s) will be operated year-round on a daily basis from dawn to dusk, unless closed by the Director for maintenance, special events, health and safety, or severe weather. Any park personnel, law enforcement officer with competent jurisdiction, or any authorized employ of County Animal Control has the authority to close the dog park(s) at any time for health and safety or to investigate a violation of this section or other criminal offense.
(D) Dog park general regulations.
(1) To ensure the safety of the dogs, their attendants and others, the following are not permitted in the dog park(s):
(a) Animals other than dogs;
(b) Aggressive dogs, those dogs deemed vicious or dogs who have a previous history of aggressive behavior toward other animals or humans;
(c) Female dogs in heat;
(d) Dogs less than four months old;
(e) Sick or injured dogs;
(f) Bicycles, roller blades, skates, skateboards, exercise equipment, radio controlled devices, strollers, children’s riding toys or any other item(s) deemed unsafe or disruptive by the town’s parks and recreation staff or law enforcement with competent jurisdiction;
(g) Motorized vehicles and devices, except wheelchairs for the disabled;
(h) Glass containers;
(i) Alcoholic beverages or controlled substances;
(j) Tobacco products or electronic cigarettes;
(k) Drink or food of any type for human consumption; and
(l) Dog food, dog biscuits, dog bones, dog chews, dog treats, except training treats administered by the dog’s attendant.
(2) No more than three dogs per attendant are allowed in the dog park(s).
(3) No dog may be permitted in the dog park(s) without wearing a collar.
(a) The collar must have attached the dog’s valid license and rabies tag(s). Town Parks and Recreation staff, any law enforcement officer with competent jurisdiction and authorized employees of County Animal Control may inspect dogs within the park for valid and required tags at any time.
(b) Spiked collars, choke collars, prong collars and electronic collars are prohibited.
(4) An attendant must immediately remove their dog(s) from the dog park(s) at any time the dog(s) become engaged in excessive barking or exhibits aggressive behavior toward any human or other dog.
(5) An attendant must use a suitable container to promptly remove any feces deposited by their dog(s) and properly dispose of such waste material in designated receptacles.
(6) Children under the age of ten are prohibited from entering the dog park and all children in the dog park(s) must be under the supervision, care and control of an attendant or other adult that is 18 years of age or older. The attendant or adult supervising the child is solely responsible for the child’s proper behavior and safety. Children who are engaged in exciting or antagonizing any dog within the dog park(s) by any means; but not limited to, shouting, screaming, waving their arms, throwing objects, running at or chasing dogs must be removed from the dog park(s) immediately.
(7) An attendant must have a leash in-hand at all times while inside the dog park(s) and must have the dog(s) on said leash when outside the dog park(s).
(8) An attendant must fill in any hole dug at the dog park(s) by any dog(s) under his or her control.
(9) Commercial dog trainers are prohibited from using the dog park(s) to conduct business unless prior written approval is provided by the Director.
(E) Enforcement.
(1) A violation of any of the provisions of this section shall constitute a misdemeanor, punishable as provided in G.S. § 14-4 and/or § 131.99 of this chapter.
(2) Any person in violation of any of the provisions of this section or any violation of posted dog park rules is subject to removal from the dog park(s) and may be prohibited from future use of the dog park(s). Any park personnel or law enforcement officer, with competent jurisdiction, has the authority to immediately remove any person in violation of this section or any posted rules and regulations.
(F) Liability.
(1) Any person using the dog park(s) shall comply with all rules and regulations governing the use of the facility.
(2) The attendant of any dog(s) utilizing the dog park(s) is responsible for and liable for any and all injuries and damages caused by any dog(s) under his or her control to any property, other dogs or other people.
(3) The attendant of any dog(s) utilizing the dog park(s) is assumed to have the full permission of the dog(s) owner(s) to have possession of said dog(s) and to allow said dog(s) to utilize the facility.
(4) Use of the dog park(s) shall constitute the implied consent of the dog owner and/or attendant to all conditions of this section and shall constitute a waiver of liability to the town. As such, users of the dog park(s) agree and undertake to protect, indemnify, defend and hold the town harmless for any injury or damage caused by or to their dog(s) to any property, other dogs or other people during any time that said dog(s) is unleashed at the facility.