A. Persons owning, having control or custody of any dog or other animal shall, at all times, keep the animal on a leash (except in an authorized off-leash dog park) or secured by the other suitable means of restraint or confined by a fence on their property or the private property of another, with the permission of the owner of that property, so as to prevent the animal from being at large, biting or harassing any person engaged in a lawful act, interfering with the use of public property or with the use of another person's private property, or being in violation of any other section of this Title.
B. The provisions of paragraph A of this Section shall not apply to the following:
(1) Any dog used by a law enforcement agency.
(2) Any dog while participating in a formal dog obedience training program or any dog participating in a dog show or other program expressly permitted or sponsored by the City.
(3) Any dog within a posted off-leash area in any City park, as established by Resolution of the Mayor and Common Council; provided, however, that nothing herein shall relieve the owner or person having charge, custody, care and/or control of such dog from the responsibility to maintain proper control over the dog nor shall this paragraph be construed as relieving such person from any liability for any damages arising out of his or her use of an off-leash area.
C. In order to be subject to the exemption set forth in paragraph B(3) of this Section, all persons must comply with all requirements of law and the following rules and regulations when utilizing any off-leash area:
(1) No dog is permitted in an off-leash area except when in the care, custody, and control of a person at least (13) years old. Any person under thirteen (13) years of age must be accompanied by, and be under the direct supervision of, an adult. No person may have more than two dogs in an off-leash area at any one time. No dogs are permitted in the off-leash area except during posted hours of operation.
(2) All dogs must be at least four months of age, vaccinated for rabies, and currently licensed by the City's Animal Control Division. No dog that is sick, in heat, injured, or less than four (4) months of age, or which displays aggressive behavior towards other dogs or humans is permitted in any off-leash area.
(3) Any person having care, custody or control of a dog in an off-leash area shall quiet or remove the dog if it barks and shall promptly remove and properly dispose of any waste deposited by such dog.
(4) No animals other than dogs are permitted in any off-leash area.
(5) The designated hours of use for the off-leash area shall coincide with the regular hours of the park as designated by § 12.68.020 of this Code.
(6) As a condition of admission to an off-leash area, the owner or person in custody of the dog shall carry a suitable container or instrument for the removal and disposal of dog feces.
(7) Any person having care, custody or control of a dog in the off-leash area must have in his or her possession a leash for such dog which shall be worn by the dog at all times the dog is not in the off-leash area.
(8) All persons will otherwise comply with all rules governing City parks and all relevant parking regulations.
(9) The use of an off-leash area by any dog shall constitute consent of the dog's owner or any person having the care, custody or control of the dog, to strictly follow the rules in § 6.08.140 and shall constitute a waiver of liability to the City, its elected officials, officers and employees, an assumption of all risks, and an agreement and undertaking to protect, indemnify, defend and hold harmless the City, its elected officials, officers and employees, for any injury or damage to persons or property during any time that the dog is in the off-leash area.
D. Any person violating any provisions of this section, including, but not limited to, violation of any rules applicable to use of off-leash areas, shall be guilty of an infraction, punishable as set forth in Chapter 1.12 of this Code.
E. Civil Remedies Available. The violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
(Ord. MC-1214, 2-22-06)