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Ord 15-2011 3/15/2011ORDINANCE NO. 15 -2011 Ordinance Amending Chapter 82 of the Code of Ordinances of the City of Wichita Falls To Adopt Rules For Use Of The Off Leash Dog Facility In Lake Wichita Park; Providing For A Penalty Not To Exceed $2,000 Per Violation; And Providing For Codification WHEREAS, the City Council desires to protect visitors to the new Off Leash Dog Facility in Lake Wichita Park by establishing these reasonable rules of behavior for use thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Chapter 82 of the Code of Ordinances of the City of Wichita Falls is amended to reserve Sections 82 -243 through 82 -249 in Article VII and add Article VIII to said Chapter, which Article VIII will read as follows: 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. Sec. 82 -251. Compliance. Compliance with the rules and regulations in this article is a condition of the use of the city's off - leash dog facility in Lake Wichita Park. Any person violating any of such article shall be guilty of a misdemeanor and shall, upon conviction, be punished as provided in section 1 -14 of this Code. Sec. 82 -252. Definitions. 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. 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. Sec. 82 -254. Use of off -leash dog facility generally. (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. An owner may not accompany more than two dogs in the off -leash dog facility at any one time. 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. (b) 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. (c) 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. (d) 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. (e) 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 dog released without the leash into the off -leash pen. Only one owner at a time may utilize the double gate entry to leash and unleash a dog. 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. (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. Sec. 82 -256. Health rules for off -leash dog facility. (a) It shall be unlawful for any person to bring a dog which does not have current rabies vaccination into the off -leash dog facility. (b) It shall be unlawful for any person to bring a dog which has a contagious condition, disease, parasites, or fresh 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, whether or not the female dog in question is leashed. 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 within twenty -four hours of the bite or scratch incident. (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. 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 8 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 the activities of that child. It shall be unlawful for a parent or guardian to permit a child over 8 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. Sec. 82 -259. Possession unlawful. (a) It shall be unlawful for any person to possess food for humans or dogs, including dog treats, tobacco products, alcoholic beverages or glass containers in the off -leash dog facility. (b) It shall be unlawful for any person to possess or unleash an animal other than a dog within the off -leash dog facility. (c) It shall be unlawful for any person to possess or utilize an outside obstacle in the off -leash dog facility. (d) 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. Sees. 82-260-82-269. Reserved. 2. This ordinance regulates public health and sanitation, and shall be punishable by a penalty of up to $2,000 per violation and as provided by Section 1 -14 of the Wichita Falls Code of Ordinances. 3. The City Council intends the provisions of this ordinance to become a part of the Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may be renumbered or relettered to accomplish such intention. PASSED AND APPROVED this the 15th day of March, 2011. ATTEST: