§ 90.38 DOG PARK.
   The city may establish areas specifically designated "dog parks" for dogs to run off leash. The following rules shall apply in such areas.
   The city’s Park Rangers, as defined in § 98.01 of this Code, shall have the authority to issue civil citations for violations which occur in the dog parks.
   (A)   Dog park rules.
      (1)   (a)   At all times any dog is outside the designated fenced off leash area, the dog must be under physical control of a responsible adult by means of a leash. Dogs off leash outside of the fenced area will be considered at large and shall be subject to a violation of § 90.08. The leash shall be removed inside the fenced staging area. One leash for each dog must be secured in the hand of the adult owner/handler. Leashes may not be attached to a dog inside the fenced dog park unless separating dogs during an altercation or to remove the dog from the park.
         (b)   Dogs may run at large in the designated fenced areas in accordance with the rules in this section.
      (2)   If a dog, person, or activity is annoying or provoking other dogs or people, the responsible adult owner/handler must remove the dog from the park. Failure to do so shall be punishable by fine or prohibited return to the park. First offense, $100.00 penalty, second offense $250.00, penalty, third offense, prohibited from use of park with same dog. Any person or dog exhibiting aggressive behavior will be prohibited from using the park.
      (3)   Adult owners/handlers must immediately remove their dog's defecation and place in the appropriate trash receptacle.
      (4)   Dogs are the only animals permitted in the fenced areas. Only dogs under 25 pounds are permitted in the small dog area.
      (5)   Adult owners/handlers must remain in the fenced area with their dog(s) and must maintain constant attention to their dog's behavior. Dogs must be closely supervised and within immediate sight and voice control of their handler at all times.
      (6)   A maximum of three dogs per responsible adult owner/handlers is allowed. When circumstances dictate, the Animal Control Officer may limit the number of dogs for that day or permanently for a particular patron.
      (7)   Children must be accompanied and monitored closely by a responsible adult. No infants, toddlers, or strollers are allowed in the dog park. No smoking, skates, skateboard, or bicycles are permitted.
      (8)   Dogs wearing a spiked, choke, electric, shock and/or pronged collar are prohibited. Dog leashes of a maximum length of six feet are required and no retractable leashes are allowed.
      (9)   All dogs must have both a current rabies tag and personalized ID tag affixed to the collar and should be healthy and free from contagious disease and parasites. Dogs with a skin condition will require veterinarian certification that the dog is not contagious. Animal Control Officers maintain the right to exclude any dog from the park that appears to have a health condition which would compromise the health of other dogs in the park.
      (10)   Puppies under four months of age are not permitted in the park for their health and safety.
      (11)   Small bite-sized training treats are permitted. No dog toys which cause a dog or its owner or handler to exhibit possessive tendencies or aggression toward other dogs or people in the park may be used. No glass receptacles, food or alcohol are permitted at any time.
      (12)   Dogs in heat are prohibited.
      (13)   Adult owners/handlers must prevent dogs from digging or causing other damage. Owners are required to fill holes and/or repair damage caused by their dog.
      (14)   All dog bites and injuries must be reported to the Animal Control Division or BSO before leaving the park.
      (15)   The dog park is closed sunset to sunrise.
      (16)   Animal Control and the Broward Sheriff's Office reserve the right to set a time limit and a maximum capacity for use of the park. At peak times, use of the park is limited to one-half hour for each visitor.
      (17)   No selling of any animals including, but not limited to, puppies, is permitted in the park. No pet adoptions shall be permitted unless authorized pursuant to subsection (E) below.
   (B)   Violations of any of the above-listed rules shall result in a violation with penalties conforming with § 90.99 unless otherwise noted in any section.
   (C)   Any animal control officer or law enforcement officer is authorized to prohibit patrons or dogs from using the park or to require the use of a cage-style muzzle when the behavior of the patron or their dog(s) is disruptive or hazardous to others utilizing the park facility. The officer may also issue a notice to prohibit future use of the park in the following circumstances:
      (1)   When a dog’s behavior in the park results in aggression towards other dogs including dominating, pinning, attacking or otherwise harassing without inflicting bite wounds and the dog’s owner or person in control of the animal does not or cannot control the dog. The owner of the dog must complete a basic obedience or dog etiquette class before returning to use the park. The owner must furnish proof of completion to the Animal Control Division prior to using the park again. If the dog’s behavior as described above continues, the dog shall be prohibited from future use of the park unless any additional protective measures required under the procedures in subsection (D)(2) below have been taken and approved by the Animal Control Division.
      (2)   When a dog’s unprovoked behavior results in injuries or bite wounds inflicted to other dogs or people, that dog shall be prohibited from future use of the park, unless the prohibition is modified and any protective measures required under the procedures in subsection (D)(2) below have been taken by the dog’s owner and approved by the Animal Control Division.
      (3)   When a park patron exhibits aggressive behavior or uses profane language toward other park patrons, which shall result in termination of park privileges by an Animal Control Officer for the remainder of that day. A second offense shall result in prohibited use of the park by that person for 30 days. A third offense shall result in prohibited future use of the park by said person for one year.
      (4)   When a dog owner or any person who has custody or control of a dog in the park fails to report to city personnel any incident involving a bite wound or injury to any person or animal caused by their dog prior to leaving the park. Said person shall be prohibited from use of the park for 30 days. Any additional similar incidents will result in prohibited future use of the park for one year.
   (D)   (1)   It shall constitute a violation for any person who has been suspended or prohibited from use of the dog park to be present in the park during any such prohibited period, or for any person to bring any dog into the park when an Animal Control Officer has determined that the animal’s use of the park is prohibited. A citation for a violation of this provision may be issued by an Animal Control Officer or law enforcement officer. $250.00 penalty for a first violation, $500.00 penalty for a second or subsequent violation. In addition, all park patrons are subject to the provisions governing city parks as set forth in Chapter 98 of this Code and alternatively, may be cited by a law enforcement officer for violations of any regulations contained therein.
      (2)   When a person or dog has been prohibited from use of the park by and through the issuance of a written notice from an Animal Control Officer, or the dog is required to wear a muzzle, the person or owner of the dog may file a written request for a hearing to appeal the decision to the Public Works Director. The request must be made within seven calendar days from the date of the notice to contest the prohibition. If requested, the hearing shall be held by a Code Enforcement Special Magistrate as soon as possible but no more than 21 calendar days and no sooner than five days after receipt of the request for a hearing. The Special Magistrate is authorized to uphold, overturn or modify the Animal Control Officer’s determination and may require certain reasonable protective actions be taken to resume use of the park based on the testimony and evidence presented during the hearing. The prohibited person or animal may not use the park until resolution of the hearing. Failure to request a hearing within the time allowed will result in prohibited future use of the park as indicated in the notice issued.
   (E)   No person, company, group, organization or other entity shall set up any display, provide any services or park or locate any vehicle for such purposes in the park, within 50 feet of the park or in the surrounding parking area. Non-profit organizations may promote and provide low cost spay/neuter/vaccination services and pet adoptions at the dog park, provided their activities in the park have first been approved through a Special Event Permit or a license agreement, as required by the city. The Animal Control Division is authorized to exhibit dogs available for adoption, to facilitate adoptions, and to organize volunteers to assist in such activities. Temporary signs or banners visible only within the park and signs physically held by a person outside the park announcing the activity may be utilized during any such events.
(Ord. 2009-19, passed 1-27-09; Am. Ord. 2011-40, passed 4-12-11; Am. Ord. 2019-02, passed 10-9-18) Penalty, see § 90.99