§ 12.20.080. Dog park rules.

A.

Definitions. For purposes of this section the words and phrases set forth below shall mean the following:

1.

"Dog park" means the city of Arroyo Grande Dog Park located at the Elm Street Park.

2.

"Handler" means the dog owner's friend, relative, agent, or employee having custody or control over the dog while at the dog park.

3.

"Aggressive dog" means any dog that engages in aggressive behavior and poses a threat to dogs or people by virtue of a single incident or history of unprovoked acts of aggression against people or animals. Aggressive behavior includes, but is not limited to, unprovoked snapping, biting, lunging or otherwise threatening other dogs or people that causes a person observing or subject to that behavior to be in a reasonable fear for his or her safety or the safety of his or her dog.

B.

Rules and Prohibited Activities at Dog Park. The following rules and prohibited activities shall apply at the dog park:

1.

Dog owners and handlers are legally responsible for their dogs and any injuries or related medical costs caused by them or their dogs.

2.

Users of the dog park assume the risk of injury or damage to themselves, their dogs and their property.

3.

If a dog bites another dog or human, contact information must be exchanged.

4.

Aggressive dogs are not allowed in the dog park. Owners/handlers must remain with their dogs at all times. Any dog exhibiting aggressive behavior must be removed from the park immediately.

5.

Dogs shall not dig or engage in excessive barking.

6.

No food or dog treats may be brought into the dog park.

7.

All dogs must be collared, licensed, vaccinated and wear I.D. tags.

8.

No dogs in heat or puppies under four months of age are permitted in the dog park.

9.

Owners/handlers must pick up all pet waste.

10.

Children under twelve (12) years of age must be supervised by an adult at all times.

11.

Use of the dog park is limited to use by handlers/owners and domesticated dogs only.

12.

Male dogs over twelve (12) months of age must be neutered.

13.

Only water may be used to defend or break up dog fights. No chemicals, including but not limited to: canister sprays, citronella sprays, mace, or pepper sprays, are allowed to be used in the dog park.

C.

Exclusion from Dog Park. In addition to, or as an alternative to a criminal citation for a violation of this section, a dog owner or handler and his or her dog is subject to the following exclusion process.

1.

General Provision. A dog owner or handler and his or her dog is subject to exclusion from the dog park if he or she violates any of the dog park rules contained in this section.

2.

Persons Authorized to Issue Warning or Exclusion Notices. The director of recreation services shall designate those city employees and dog park volunteers who are authorized to issue warning and exclusion notices.

3.

Violations—Issuance of warning or exclusion notices.

a.

Warning Notice. A designated employee or volunteer may give a dog owner or handler a verbal warning for a violation of the dog park rules set forth in this section. A verbal warning is not required and is provided only as a courtesy. Whether or not a verbal warning is given, a written warning notice may be issued for a violation of the dog park rules. The written warning notice may specify that the recipient and his or her dog must leave the dog park for the remainder of the day, and that in the event that a second violation of the rules occurs within ninety (90) days of issuance of the warning notice, that person may be subject to exclusion from the dog park for a period of time that the designated employee or volunteer may determine to be appropriate.

b.

Exclusion Notice. If a dog owner or handler has received a warning notice and again violates a dog park rule within ninety (90) days of the date of issuance of the warning notice, he or she may be issued a written exclusion notice excluding the person and his or her dog from the dog park for a period of time that the designated employee or volunteer may determine to be appropriate. Exclusion for violations other than aggressive dogs shall be for a period of no less than one month and no more than twelve (12) months. The exclusion notice shall include information concerning the right to appeal the exclusion notice to the recreation services director as provided in subsection 4 herein.

c.

Exclusion of Aggressive Dogs. A warning notice is not required for exclusion of an aggressive dog whose behavior creates a reasonable fear in any other person using the dog park for his or her safety, or the safety of his or her dog. In such case, the designated employee or volunteer shall issue a written exclusion notice providing for the immediate exclusion of the dog from the dog park. The exclusion notice may also provide for the permanent exclusion of the dog from the dog park. The exclusion notice shall also include information concerning the right to appeal the exclusion notice to the recreation services director as provided in subsection 4 herein.

4.

Appeals. Any person issued an exclusion notice shall have the right to an appeal from the issuance of the notice. The following procedures shall apply to all appeals:

a.

A notice of appeal of an exclusion notice must be filed, in writing, with the recreation services director within five calendar days of the issuance of the exclusion notice. The notice of appeal shall state the following:

i.

The appellant's name;

ii.

The appellant's address and a telephone number where he or she can be reached;

iii.

A concise statement as to why the appellant believes that the issuance of the exclusion notice was invalid or unjustified; and

iv.

A copy of the exclusion notice shall be attached.

b.

A hearing on the appeal shall be held no more than fifteen (15) calendar days after the filing of the appeal, except the recreation services director may postpone the hearing date at the request of the appellant or city staff for good cause. The appellant shall be provided notice of the hearing date, time, and location at least five calendar days prior to the hearing date. The hearing shall afford a reasonable opportunity for the appellant to be present and present evidence that the exclusion notice is invalid or unjustified. The appellant shall have the right to cross-examine witnesses.

c.

At the hearing, the city shall have the burden to show by substantial evidence that the exclusion notice was based on and justified by violations of the dog park rules. The decision of the recreation services director shall be final and in writing.

D.

Penalty. Remaining in the dog park after having been issued an exclusion notice shall be punishable as a misdemeanor. All other violations of this section shall be punishable as infractions and otherwise as provided in AGMC Section 1.16.010 et. seq.

(Ord. No. 672, § 1, 10-13-2015; Ord. No. 683, § 1, 3-14-2017)