(A) No person owning, having a proprietary interest in, harboring or having the care, charge, control, custody or possession of a dog, shall permit such dog to be in any public park unless such dog is upon a secure leash not more than six feet long held continuously in the hands of a responsible person capable of controlling the dog, or unless the dog is securely confined within an automobile.
(B) This section shall not apply to dogs under the control of a competent person in a designated fenced dog exercise area in a city park or portion of a city park approved and designated for that purpose by the Board of Park Commissioners.
(C) The following regulations and limitations shall apply to all dog exercise areas:
(1) Designated off-leash exercise areas will be open from 6:00 a.m. to 10:00 p.m. Owners will be required to obtain a permit and corresponding tag from the City Parks and Recreation Department. Dogs should display permit tags at all times while using the exercise areas.
(2) As a condition of admission to such dog exercise areas, the owner of such dog(s) must use a suitable container or instrument to remove dog feces from the designated area and dispose of it in provided waste containers.
(3) Aggressive dogs are not permitted in the exercise areas. Specifically, dogs with a biting history or those for whom an Indiana Animal Bite Form has been completed (as the biting dog) are not permitted in the exercise area. Owners are legally responsible for any injury caused by their dog.
(4) All dogs must be under visual and voice control by owners at all times.
(5) Dogs shall not be left unattended in the exercise area.
(6) Dogs under four months old are not permitted in the exercise areas.
(7) All dogs shall have been vaccinated (as required by law) and legally licensed prior to using the facility. Current rabies and license tags must be worn on the collar of any dog in the exercise area.
(8) Female dogs in heat are not permitted to use the facilities.
(9) Professional dog trainers may not use the facilities in the conduct of their business.
(10) An adult shall accompany children under the age of 14 years while in the exercise areas. Children will not be permitted to run, shout, scream, wave their arms or otherwise excite or antagonize dogs in the exercise area.
(11) Bicycles, roller blades, roller skates, skateboards and strollers, and the like, are not permitted in the exercise areas. Wheelchairs are permitted.
(12) Spiked collars on dogs are not permitted in the exercise area(s).
(13) The owner of any dog using the designated exercise areas must have a leash in their possession at all times. Any dog in the exercise area must be wearing their collar and current tags at all times.
(14) Owners shall otherwise comply with all rules governing the parks and relevant parking regulations.
(15) Use of dog exercise areas by any dog shall constitute implied consent of the dog's owner to all of the conditions stated in this section and shall constitute a waiver of liability to the city and an agreement and undertaking to protect, indemnify, defend and hold the city harmless for any injury or damage caused by such dog during any time the dog is not on its leash.
(Ord. G-28-04, passed 10-26-04) Penalty, see § 97.99