§ 10.40

A. It shall be unlawful for the owner or person having custody of any dog to allow said animal to enter upon any public park, except as otherwise provided in this Section.

B. The provisions of this Section shall not prohibit the use of dogs on park property for teaching uses when approved by the Director of Community Services or his or her designee. Such dogs shall be leashed at all times while in public parks, except as otherwise provided in this Section.

C. The provisions of this Section do not prohibit the use of Service Dogs in any public park, to the extent such use is protected by applicable state and federal law. For purposes of this section, "Service Dog" means a dog that constitutes a service animal, as defined in Section 35.104 of Title 28 of the Code of Federal Regulations, and as amended, or a dog trained as a guide dog, signal dog, or service dog, as such terms are defined in Section 54.1 of the California Civil Code, and as amended.

D. Dogs that constitute service animals, as defined in Section 35.104 of Title 28 of the Code of Federal Regulations, and as amended, shall not be excluded from public parks except to the extent consistent with 28 C.F.R. 35.136(b)–(c), and as amended.

E. At all times while in public parks, dogs that constitute service animals, as defined in Section 35.104 of Title 28 of the Code of Federal Regulations, and as amended, shall be:

(1) under the control of their handler, and

(2) Harnessed, leashed, or tethered, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).

2. Editor's Note: Prior ordinances codified herein include Ordinance Nos. 2, 29, 72-222, 87-799, 91-933U and 91-933.

F. The provisions of this Section also do not prohibit an individual referred to in California Civil Code Section 54.2 from taking a dog into a public park for the purpose of training it as a guide dog, signal dog, or service dog, as such terms are defined in Section 54.1 of the California Civil Code, and as amended, but as provided in Civil Code Section 54.2, any such individual shall be liable for any damage done to the premises or facilities by the dog, and shall ensure the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Title 14 of the California Food and Agricultural Code.

G. The provisions of subsections (A)-(F) of this Section do not prohibit, or require leashing of, dogs in City-designated dog park or dog run areas that are identified by posted City signs. However, the provisions of subsections (A)-(F) of this Section apply fully with respect to dogs that are in other areas of public parks, even if for the purpose or in the course of accessing, entering or leaving such designated areas.

H. Nothing in this Section shall be deemed to preclude the use of a miniature horse in a public park by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability, provided the City has made a determination, as a matter of policy, practice or procedure, that the miniature horse can be allowed in the subject public park facility, based on the assessment factors set forth in Section §35.136(i) of Title 28 of the Code of Federal Regulations, and as amended.

(Ord. 24-2403 § 2; Ord. 91-943 § 1; Ord. 18-1812 § 2)