(a) In this section:
(1) OFF-LEASH SITE means an enclosed area designated by the park board in which dogs are allowed to run at large without being secured by a leash or other restraint.
(2) DANGEROUS DOG has the meaning given that term in Section 822.041 of the Texas Health and Safety Code, as amended.
(b) The park board is authorized to establish off- leash sites for dogs within designated areas of the city’s parks and recreational areas. Signs designating an area as an off-leash site must be conspicuously posted at each entrance to the site.
(c) The park board may promulgate regulations, not inconsistent with this section, that govern off-leash sites for dogs. Such regulations must be conspicuously posted at each entrance to an off-leash site. The regulations must include, but are not limited to, the following:
(1) No person may bring into an off-leash site:
(A) a dangerous dog;
(B) a female dog in heat;
(C) more than three dogs at one time; or
(D) a dog that is not wearing tags showing that it is currently registered and vaccinated in compliance with Chapter 7 of this code.
(2) Any person who brings a dog into an off- leash site shall:
(A) carry materials and implements for removing and disposing of dog excreta and remove all excreta deposited by the dog in the off-leash site, in compliance with Section 7-21.2 of this code;
(B) lead the dog on a leash and retain the dog in custody when entering and exiting an off-leash site;
(C) keep the dog under visual and voice control at all times while in the off-leash site;
(D) fill any hole that the dog digs in the off-leash site; and
(E) remove the dog from the off-leash site at the first sign of aggression by the dog.
(3) Any person who brings a child under 12 years of age into an off-leash site shall keep the child under strict supervision.
(d) A person commits an offense, punishable by a fine of up to $2,000, if he fails to comply with any regulation:
(1) set forth in Subsection (c) of this section; or
(2) promulgated by the park board pursuant to Subsection (c) and posted at the off-leash site.
(e) Use of an off-leash site by any dog constitutes:
(1) implied consent of the owner, harborer, or person having care, custody, or control of the dog to comply with all conditions and regulations stated in this section or promulgated by the park board and posted at the off-leash site; and
(2) a waiver of liability to the city by the owner, harborer, or person having care, custody, or control of the dog, and an agreement and undertaking to protect, indemnify, defend, and hold the city harmless, for any injury or damage caused by the dog during any time that the dog is in the off-leash site. (Ord. 24482)