§ 6-1-2.2. Same—dog exercise areas; designation by city manager; prohibited conduct.

(a)

As used in this section:

(1)

Commercial dog handler shall mean any person who boards, keeps, handles or walks dogs owned by another person for compensation.

(2)

Dog exercise area shall mean an area of open space, owned or controlled by the city and fenced or unfenced, which has been designated and posted as a dog exercise area by the city manager, pursuant to this section.

(3)

Owner shall mean any person having a right of property in a dog, and any person who keeps or harbors a dog or has it in his care or control, or who acts as its custodian, including, but not limited to, a commercial dog handler, and any person who permits a dog to remain on or about any premises occupied by him.

(4)

Aggressive dog shall mean a dog which is capable of inflicting death or serious injury on a person or another animal and which:

(i)

has, without provocation, attacked or bitten a person engaged in a lawful activity;

(ii)

has, while off the property of its owner and without provocation, killed or seriously injured another animal;

(iii)

has, without provocation, chased, confronted or approached a person on a street, side walk or other public property in a menacing fashion such as would put an average person in fear of attack;

(iv)

has exhibited a propensity, tendency or disposition to attack, cause injury or threaten the safety of persons or other animals without provocation; or

(v)

has acted in a manner that causes or should cause its owner to know that it is potentially vicious.

(b)

The city manager may designate and post dog exercise areas in the city, in accordance with the provisions of this section and of the "Dog Exercise Areas and Fenced Dog Parks Master Plan," adopted by city council on September 27, 2000, as such provisions may be amended by the council from time to time.

(c)

Within a dog exercise area, dogs under the care, custody and control of an owner are permitted to run free, without a leash, lead or other restraint, but subject to the provisions of this section, and to any rules or regulations promulgated by the city manager pursuant to this section, and applicable within such dog exercise area.

(d)

No such owner shall have in a dog exercise area:

(1)

more than three dogs;

(2)

a dog that is not in such owner's view and under his or her voice control;

(3)

a dangerous dog as defined in section 5-7-31(c);

(4)

a vicious dog as defined in section 5-7-31(m);

(4.1)

an aggressive dog as defined in subsection (a) of this section;

(5)

a female dog in season;

(6)

a dog that is less than four months old;

(7)

if such owner is a resident of the city, a dog that is not inoculated and licensed in accordance with sections 5-7-38 and 5-7-47 of this code;

(8)

if such owner is not a resident of the city, a dog that has not been inoculated with an anti-rabic vaccine that is in accordance with the latest edition of the "Compendium of Animal Rabies Control" issued by the National Association of State Public Health Veterinarians, Inc., and evidence that such dog has been inoculated.

(9)

The prohibitions established by paragraphs (3), (4) and (4.1) of this subsection shall apply to any dog which meets the respective definition, without regard to the jurisdictional residence of the dog's owner or of the dog, or to whether the dog has been declared to be a vicious, dangerous or aggressive dog under Virginia law, or the similar laws of any other jurisdiction. The director of recreation, parks and cultural activities, with the concurrence of the chief animal control officer, may notify, in writing, the owner or custodian of any such dog found in a dog exercise area that such dog is subject to the prohibitions of this subsection.

(e)

No child less than 16 years of age shall be permitted in a dog exercise area which is fully enclosed by a fence unless accompanied by an adult.

(f)

The city manager may promulgate such additional rules and regulations, not inconsistent with the provisions of this section and of the "Dog Exercise Areas and Fenced Dog Parks Master Plan," as he deems necessary and appropriate to implement or enforce the provisions of this section.

(g)

The director of recreation, parks and cultural activities shall cause one or more signs to be posted in a visible location in any dog exercise area. Such signs shall inform the public of the existence of the dog exercise area, the geographic limits of the area, the limitations imposed by subsection (d), subsection (e) if applicable, and such other rules and regulations promulgated by the city manager as may be applicable.

(h)

Any person who violates any provision of this section shall be liable for a class four civil penalty, as prescribed in section 1-1-11 of this code. (Ord. No. 4162, 9/27/00, Sec. 1; Ord. No. 4520, 2/23/08, Sec. 2)