§ 12-42. Dogs generally

(a) For purposes of this section, the following words and phrases shall have the meanings as set forth below:

Responsible person means any person who owns, has a proprietary interest in, harbors or has the care, charge, control, custody or possession of a dog.

Dog exercise area means any fenced area or other enclosed area of a city park designated by the city council by resolution or ordinance as an area where dogs may be off a leash.

(b) No responsible person shall permit his dog(s) to be in or upon any public street, sidewalk, park or other public place unless such dog(s) is upon a secure leash not more than six (6) feet long held continuously in the hands of a person capable of controlling the dog, or unless the dog is securely confined within an automobile, or in or upon any fully enclosed lot or premises; provided, however, that this subsection shall not apply to a person who is in the possession or operating within the terms of a valid permit from the city to conduct obedience classes or other types of trial or show of dogs in or upon any public place. This subsection shall not apply to dogs under the control of a responsible person in a dog exercise area.

(c) All responsible persons shall clean up after their dog(s) and remove all dog feces left by their dog(s) upon any public street, sidewalk, park or other public place, or any private property not owned by the responsible person, and dispose of it in a sanitary and proper manner.

(d) In addition to such other regulations that may be adopted from time to time by the parks and recreation commission, the following regulations and limitations shall apply to all dog exercise areas:

(1) No responsible person shall have more than four (4) dogs at once in a dog exercise area.

(2) Dog exercise areas will be open from dawn to posted closing time and closed one (1) day per week as posted for maintenance. The operational hours may be adjusted as conditions require and shall be posted as established by the Parks and Recreation Commission from time to time.

(3) All responsible persons shall, at all times, take all reasonable precautions to prevent their dog(s) from biting, attacking or attempting to bite or attack any person or dog. A responsible person shall immediately remove his dog from the dog exercise area if it bites, attacks or attempts to bite or attack any person or dog. A responsible person whose dog is bitten or attacked shall immediately remove his dog from the dog exercise area.

(4) Any dog over the age of four (4) months must be vaccinated and legally licensed prior to use of the any dog exercise area. Dogs under the age of four (4) months are prohibited from any dog exercise area pursuant to section 121690 of the Health and Safety Code.

(5) Female dogs in heat are not permitted in any dog exercise area.

(6) There shall be no food or food products, whether intended for human or dog consumption, in any dog exercise area.

(7) All responsible persons using a dog exercise area must have a leash in their possession or reasonably accessible at all times for each of their dog(s) in the dog exercise area, which shall be worn by the dog(s) at all times the dog(s) is not in the exercise area. All responsible persons shall maintain control over their dog(s) at all times whether leashed or unleashed.

(8) All responsible persons shall also comply with all rules governing city parks and relevant parking regulations.

(9) Use of any dog exercise area by a responsible person and his dog(s) shall constitute implied consent of the responsible person to all of the conditions set forth in this section, a waiver of liability benefiting the City of Costa Mesa, and an agreement and undertaking to protect, indemnify, defend and hold the City of Costa Mesa harmless for any injury or damage caused by a responsible person's dog during any time that the dog is in the dog exercise area.

(e) The provisions of this section shall be enforceable by any police officer, animal control officer, park ranger or other code enforcement officer of the city pursuant to section 1-33 of this Code. In addition to any other remedies, the city officer shall have the authority to eject any person who violates this section pursuant to section 12-20 of this title.

(f) Any dog which has been repeatedly aggressive or attempted to attack or bite another dog or a person, or whose responsible person fails on more than two (2) occasions to abide by the reasonable rules and regulations applicable to the exercise area may be barred from further use of the exercise area by an animal control officer or park ranger upon written notice.

(Code 1960, § 10420; Ord. No. 68-10, 3-4-68; Ord. No. 96-13, § 1, 11-18-96; Ord. No. 98-6, § 2, 3-2-98; Ord. No. 01-26, § 1, 10-15-01; Ord. No. 02-10, § 1, 5-20-02 ; Ord. No. 07-16, § 2, 8-7-07 )