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Ord 21-2021 Amending Chapter 82 Parks and Recreation, Article VIII Off Leash Dog Facility in Lake Wichit 07/20/2021 Ordinance No. 21-2021 Ordinance amending Chapter 82 Parks and Recreation Article VIII Off Leash Dog Facility in Lake Wichita Park in its entirety, and providing for codification WHEREAS, the Health District and Parks Department recommends revision of the existing Off Leash Dog Facility Ordinance to promote and protect the health and safety of all citizens and dogs utilizing the off leash facility; and WHEREAS, the City Council of the City of Wichita Falls desires to adopt an ordinance that promotes and protects the health and safety of all citizens and dogs utilizing the off leash facility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Chapter 82 Parks and Recreation Article VIII Off Leash Dog facility in Lake Wichita Park is hereby amended to read as follows: Secs. 82-243-82-249. - Reserved. ARTICLE VIII. -OFF-LEASH DOG FACILITY IN LAKE WICHITA PARK Sec. 82-250. - Established. The rules and regulations in this article are established for the government and protection of the city's off-leash dog facility in Lake Wichita Park. (Code 2001, § 82-250; Ord. No. 15-2011, § 1, 3-15-2011) Sec. 82-251. -Compliance. Compliance with the rules and regulations in this article is a condition of using the city's off-leash dog facility in Lake Wichita Park. A person found by a city peace officer, animal care officer, or employee of the city's Parks and Recreation Department to have violated these rules and regulations may be issued a citation and/or ejected from the park by said city employee, and it shall be unlawful for any person so ejected to reenter on the same day. (Code 2001, § 82-251; Ord. No. 15-2011, § 1, 3-15-2011) Sec. 82-252. - Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dog means a domesticated animal that is a member of the canine family. Motorized mobility device means a device designed for transportation of a person with physical disabilities that: (1) Has three or more wheels; (2) Is propelled by a battery-powered motor; (3) Has not more than one forward gear; and (4) Is not capable of speeds exceeding eight miles per hour. Off-leash dog facility means the fenced area of Lake Wichita Park accessed by double gate entries and established for the use of owners and dogs that are not leashed. Outside obstacle means any play or training feature that is not part of the permanent off-leash dog facility, including, but not limited to, wading pools, training equipment, and portable or makeshift kennels or cages. Owner means a person who owns or has custody or control of a dog. Showing aggression means growling, barking, or snapping more than momentarily, or biting, scratching, or attacking for any period of time. (Code 2001, § 82-252; Ord. No. 15-2011, § 1, 3-15-2011) Sec. 82-253. - Hours of off-leash dog facility. (a) The off-leash dog facility shall be closed every day from dusk until dawn and during any time when signage is posted closing the off-leash dog facility for cleaning or maintenance. (b) It shall be unlawful for anyone to loiter, idle, wander, stroll or play in the off-leash dog facility during such period when it is closed. However, if anyone applies for permission to carry out an activity in the off-leash dog facility during such hours, and the director of parks and recreation determines that such activity will not create a disturbance or public nuisance, the director shall have authority to issue a special permit for such activity. (Code 2001, § 82-253; Ord. No. 15-2011, § 1, 3-15-2011) Sec. 82-254. - Use of off-leash dog facility. (a) Only dogs accompanied by an owner at least 16 years of age are permitted to be within the off- leash dog facility, whether or not the dog in question is leashed. An owner will only be considered to be accompanying a dog if both the person and the dog are within the fenced confines of the off- leash dog facility and the dog is in the visible presence of the owner at all times. (b) Dogs must wear collars or harnesses bearing a current rabies vaccination tag and a city license tag at all times while in the off-leash dog facility. (c) An owner may not accompany more than two dogs in the off-leash dog facility at any one time. Both dogs should be of the same size and be located in the same area of the dogpark. (d) No dogs under the age of 4 months of age are permitted in the park at any time. (e) It shall be unlawful for any person to bring a dog weighing 30 pounds or more into the designated small dog area of the off-leash dog facility. (f) It shall be unlawful for any person to bring a dog weighing less than 30 pounds into the designated large dog area of the off-leash dog facility. (g) It shall be unlawful for any person to host or participate in any competitive event at the off-leash dog facility unless the director of parks and recreation determines that such competitive event will not create a disturbance or public nuisance and issues a special permit for such competitive event. (h) It shall be unlawful for any person to keep a dog leashed in the off-leash dog facility. Dog leashes must be removed within the double gate entry, and the dog released without the leash into the off- leash pen making sure the gate closes fully after entry or exit. Upon exit,the dog should be secured with the leash in the double gate area. Only one owner at a time may utilize the double gate entry to leash and unleash a dog. (i) It is the responsibility of any person/persons having care, custody, and control of any dog(s) who uses the park to read the dog park rules before entering. (j) Shoes shall be worn inside the park at all times. (Code 2001, § 82-254; Ord. No. 15-2011, § 1, 3-15-2011) Sec. 82-255. -Care of off-leash dog facility by users. (a) Owners must immediately clean up and dispose of waste left by any accompanied dog. It shall be unlawful for an owner to leave the off-leash dog facility without first cleaning up and disposing of all waste left by an accompanied dog, whether inside or outside of the dog park per City ordinance Chapter 14 Animals Sec. 14-12 (a) and (b). (b) Owners must stop any accompanied dog from digging and must fill any holes caused by an accompanied dog. It shall be unlawful for an owner to leave the off-leash dog facility without first filling any holes caused by an accompanied dog. (Code 2001, § 82-255; Ord. No. 15-2011, § 1, 3-15-2011) Sec. 82-256. - Health rules for off-leash dog facility. (a) It shall be unlawful for any person to bring a dog that does not have current rabies vaccination into the off-leash dog facility. (b) It shall be unlawful for any person to knowingly bring a dog that has a contagious condition, disease, parasite, or open wounds into the off-leash dog facility. (c) It shall be unlawful for any person to bring a female dog in season into the off-leash dog facility. (Code 2001, § 82-256; Ord. No. 15-2011, § 1, 3-15-2011) Sec. 82-257. - Bites, scratches, and aggression in the off-leash dog facility. (a) All bites and scratches by a dog within the off-leash dog facility must be reported to the Animal Control Division of the health district. It shall be unlawful for any person to fail to report to the Animal Control Division that a dog accompanied by him in the off-leash dog facility bit or scratched a person or another dog immediately after a bite or scratch occurs. (b) Dogs showing aggression toward people or other dogs must be removed immediately. It shall be unlawful for an owner to fail to move immediately to leash and remove from the off-leash dog facility any dog showing aggression. (c) It shall be unlawful for any person to bring any dog deemed to be a vicious dog or a dangerous dog by any state or local government or agency into the off-leash dog facility. (d) It shall be unlawful for any person to bring a dog with a previous bite history or a dog known to have aggressive tendencies into the park. (Code 2001, § 82-257; Ord. No. 15-2011, § 1, 3-15-2011) Sec. 82-258. - Use of off-leash dog facility by children. (a) No child under eight years of age is permitted in the off-leash dog facility except during city-approved activities scheduled for that age group. It shall be unlawful for a parent or guardian to permit a child under eight years of age to be in the off-leash dog facility unless the child is attending a city-approved activity scheduled for that age group. (b) Every child over eight and under 16 years of age in the off-leash dog facility must be accompanied by an adult over 17 years of age who is directly supervising that child's activities. It shall be unlawful for a parent or guardian to permit a child over eight and under 16 years of age to be in the off-leash dog facility unless the child is accompanied by an adult over 17 years of age who is directly supervising the activities of that child, or unless the child is attending a city-approved activity scheduled for that age group. (Code 2001, § 82-258; Ord. No. 15-2011, § 1, 3-15-2011) Sec. 82-259. - Possession unlawful. (a) It shall be unlawful for any person to possess food for humans or dogs, tobacco products, alcoholic beverages, or glass containers in the off-leash dog facility. This section does not apply to dog training treats. (b) This facility is a tobacco free area, and possession and/or use of tobacco products, including electronic devices, shall be unlawful. (c) It shall be unlawful for any person to possess an animal other than a dog within the off-leash dog facility. (d) It shall be unlawful for any person to possess or utilize an outside obstacle in the off-leash dog facility. (e) It shall be unlawful for any person to possess a skateboard, skates, a bicycle, a scooter, or any other wheeled apparatus in the off-leash dog facility. The operation of a nonmotorized wheelchair or motorized mobility device by a person with physical disabilities is exempt from this section. (Code 2001, § 82-259; Ord. No. 15-2011, § 1, 3-15-2011) PASSED AND APPROVED this the 20th day of July 2021. MAYOR ATTEST: l'qaA — City Clerk