CHAPTER 21B
DOG PARKS

Sections:

21B.1    Purpose.

21B.2    Definitions.

21B.3    Applicability of chapter—Use of dog park.

21B.4    Administration.

21B.5    Dog park use and regulations.

21B.6    Violation—Enforcement.

21B.1 Purpose.

This chapter is intended to establish rules and regulations with respect to dog parks in a manner that is consistent with state law. (Ord. No. 2303, § 1, 2016.)

21B.2 Definitions.

As used in this chapter:

(a)    “Director” means the community services director or their designee as the person responsible for administering the provisions of this chapter.

(b)    “Dog” shall mean and include any canine (Canis familiaris).

(c)    “Dog park” shall mean and include a fenced area of any city park, or any portion of a city park or any other city-owned land approved and designated by the city council for the exercise and recreation of dogs, including areas designated off-leash by city signage.

(d)    “Owner” means a person either owning or having the charge, care, control, possession or custody of a dog.

(e)    “Vicious dog” means (i) any dog that bites or attempts to bite any human or dog without provocation, or which has a disposition or propensity to attack, bite or menace any human or dog without provocation and endangers the health and safety of any person, or (ii) any dog previously declared vicious pursuant to SPMC 5.48, and/or any other state or local law. (Ord. No. 2303, § 1, 2016.)

21B.3 Applicability of chapter—Use of dog park.

The prohibition set forth in SPMC 21.23 against having a dog in any city park shall not apply to dogs which are in a dog park designated by the city council for the exclusive purpose of exercise and recreation by dogs and so long as the rules and regulations with respect to the use of the dog park set forth in this chapter are followed. (Ord. No. 2303, § 1, 2016.)

21B.4 Administration.

The prohibition set forth in SPMC 21.23 against having a dog in any city park shall not apply to dogs which are in a dog park designated by the city council for the exclusive purpose of exercise and recreation by dogs and so long as the rules and regulations with respect to the use of the dog park set forth in this chapter are followed. (Ord. No. 2303, § 1, 2016.)

21B.5 Dog park rules and regulations.

The following rules and regulations apply to the use of any dog park:

(a)    The hours of operation shall be from 6:00 a.m. to 10:00 p.m.

(b)    Owners must be in attendance at all times within the dog park while their dogs are present.

(c)    Owners must have a visible leash at all times.

(d)    Owners are required to immediately pick up and dispose of their dog’s waste in the provided waste receptacles.

(e)    Owners are personally liable for any damage and/or injury caused by their dogs.

(f)    Owners must be in the park, within view of, and be able to maintain voice and/or physical control of their dog(s).

(g)    Owners must deter their dog(s) from digging any holes.

(h)    No aggressive dog behavior is allowed at any time such as growling, snarling, snapping, lunging, biting, humping, or hysterical barking.

(i)    Vicious dogs are not permitted.

(j)    No animals other than dogs are permitted in the dog park.

(k)    No more than three dogs per owner are permitted.

(l)    No female dogs in heat are allowed in off-leash areas.

(m)    No person shall enter the dog park other than during hours of operation.

(n)    No food of any kind is allowed in the dog park.

(o)    All dogs must wear a collar with a valid license tag.

(p)    All dogs must be maintained on a leash while entering and exiting the designated off-leash area.

(q)    Dogs must never be left unattended.

(r)    Puppies under four months of age are not permitted in the dog park.

(s)    Professional dog trainers/handlers are not permitted to use the facility for instruction unless authorized by the community services department.

(t)    Children 14 and under must be supervised by an adult at all times. Parents and/or guardian of children shall not be permitted to run, shout, scream, or wave their arms or otherwise excite or antagonize dogs.

(u)    Any person or canine using the dog park must do so at their own risk. Pursuant to Government Code Section 831.7.5 the city is immune from liability for an injury or death of a person or a pet resulting from the actions of a dog in the dog park.

(v)    Owners must ensure that the dog park gates are closed and latched upon entering or exiting the area.

(w)    Smoking and alcohol are prohibited within the dog park.

(x)    The city reserves the right to refuse patron access.

(y)    The off-leash area is subject to closure without notice for maintenance. (Ord. No. 2303, § 1, 2016.)

21B.6 Violation—Enforcement.

Any city employee may request anyone who violates a posted rule to leave the dog park. It is unlawful for any person to fail to leave the dog park for violating any posted rule after being requested to do so by a city representative. It shall be unlawful for any person to violate or fail to comply with the provisions of this chapter. Violation of or noncompliance with this chapter shall constitute a crime punishable as a misdemeanor or infraction in the discretion of the city attorney, or may be punished as an administrative matter in accordance with the civil fines and the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines set forth in Chapter 1A SPMC. The remedies and penalties provided herein are cumulative, alternative, and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the South Pasadena Municipal Code or under state statute which may be available to enforce this chapter or to abate a public nuisance. (Ord. No. 2303, § 1, 2016.)