(a) Authority to Designate.
(1) The Parks Director shall have the authority to designate any area within the City Park System as an off-leash area.
(2) City Council shall have the authority to designate any area within the City as an off-leash area.
(3) City Council shall have the authority to revoke any off-leash area designation by ordinance.
(b) Definitions and Rules.
(1) Definitions.
A. "Attendant" means the owner and/or custodian of any dog who, while the dog is in the park(s) or designated off-leash area, is charged with or who exercises the care, custody, and control of the dog.
B. "Voice Control" means the dog must be within a distance that it responds to its attendants commands; the attendant must be 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.
(2) Rules and Regulations. In order for an animal to be off-leash in a specifically designated area, all persons must comport with the following rules and regulations:
A. Areas designated as off-leash areas shall be clearly marked as such.
B. No dog is permitted in an off-leash area except when in the care, custody and control of its attendant who must be at least fifteen (15) years old.
C. Any person under fifteen (15) years of age must be accompanied by and be under the direct supervision of an adult to enter and remain in the off-leash area.
D. Bicycles, tricycles, rollerblades/skates, skateboards, or any similar type of equipment is prohibited from entering an off-leash area.
E. Motor vehicles and devices, except for wheelchairs or motor-assisted vehicles designed to help people with mobility issues, are prohibited from the off-leash area.
F. No person may have more than two (2) dogs per attendant in an off-leash area at any one time.
G. All dogs must be under the voice control of their caretakers at all times.
H. All dogs must be at least four (4) months of age, vaccinated for rabies, and have a current dog license.
I. 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.
J. No dog may be left unattended in an off-leash area.
K. Food or treats for dogs may not be brought in to any off-leash area except for training purposes and then only if there are no other dogs present. If other dogs arrive, the person who is in possession of the food or treats must remove the food or treats from the off-leash area.
L. Any person having care, custody or control of a dog in an off-leash area shall quiet or remove the dog if it is barking excessively.
M. Any person having care, custody or control of a dog in an off-leash area shall promptly remove and properly dispose of any waste deposited by such dog.
N. 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.
O. No animals other than dogs are permitted in any off-leash area.
P. Dog obedience classes conducted by for-profit or non-profit organizations may not be conducted in the off-leash area. However, individual dog owners may utilize the off-leash area to train their dog(s).
Q. The designated hours of use for the off-leash area shall coincide with the regular hours of the park as designated by Vienna Municipal Code 951.02.
R. The owner or person in custody/control of the dog shall fill in any holes made by their dog(s) while in the off-leash area. The owner or person in custody/control of the dog shall exercise due care to prevent their dog from digging.
S. 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.
T. All persons will otherwise comply with all rules governing City parks and all relevant park regulations.
U. The use of an off-leash area by any dog shall constitute implied consent of the dog's owner or any person having the care, custody or control of the dog, to strictly follow the rules in this Section and shall constitute a waiver of liability to the City, it's 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. Use of any designated off-leash area is at the users own risk.
V. The Parks Director is authorized to make any reasonable additions to these rules. However, the Parks Director may not revoke, nullify, repeal or amend any of these original rules without the approval of City Council who must make such change by ordinance.
W. Entry into the off leash area shall be through a set of double gates. No dog may be unleashed until it is past the first gate. The dog must be unleashed before it enters the park through the second gate. No dog may exit the park unless and until it is leashed. Dog(s) shall be leashed or unleashed between the first and second gate.
(c) Civil Remedies Available. The violation of any of the provisions of this section 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.
(d) Penalty.
(1) Any person violating any provision of this section including, but not limited to, violation of any rules applicable to use of off-leash areas, may be immediately removed from the designated off-leash area and shall be guilty of an infraction, punishable as set forth in Section 951.99 of this Code.
(2) Any regulation or violation of this section shall be executed by the parks director or his designee or any municipal Police Officer.
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