It shall be unlawful for any person to fly, operate or make use of any remote- or radio-controlled model airplane, helicopter, or any other airborne device in, over or upon any street, park or other public or private property, except in areas specifically designated and posted for such purpose and with the consent of the property owner or lessee of the property.
[Amended 7-16-2019 by Ord. No. 2019-007]
Except as authorized by the Common Council, no person or animal under their control shall dig into the turf of any City-owned park or recreational property for any purposes whatsoever or remove any trees or flowers. Absent authorization by the Common Council, the use of metal detectors and digging for buried objects on City parks or recreational property, except beaches where no vegetation is present, is prohibited.
[Added 7-16-2019 by Ord. No. 2019-007]
A.
Specific regulations. In addition to the other provisions of this chapter, the following regulations shall apply to dog parks.
(1)
No dog is permitted to enter a dog park without its owner or the owner's authorized agent obtaining a yearly or daily dog park permit issued by the City. The owner/handler of the dog must have a valid dog park permit for that dog in their possession for the dog to be permitted access to a dog park.
(2)
No
dog which is determined to be ill or injured or is otherwise determined to be a vicious
dog pursuant to §
178-6B(1) is permitted to enter a
dog park. If a
dog is determined to be a vicious
dog after the issuance of a
dog park permit, the owner of the
dog shall surrender the permit for the
dog to the City Clerk/Treasurer or City Police Department.
(3)
No tobacco products are permitted.
(4)
No commercial or professional business may be conducted without prior approval of the Common Council.
(5)
In addition to the vaccination requirements of §
178-2A, all
dogs must be vaccinated against Bordetella.
(6)
No dog under four months of age is permitted access to the dog park.
(7)
All dogs must be accompanied by an owner/handler 16 years of age or older. All children under 16 years of age must be under the direct supervision of an adult, and such children enter the dog park at their own risk.
(8)
No child strollers or dog strollers are permitted.
(9)
Dogs must be under the voice control of their owner/handler at all times. An owner/handler must stop their dog from digging and must fill any holes created by their dog.
(10)
Dog owners/handlers must carry a leash for their dog at all times and may not leave the dog park without their dog.
(11)
All gates must be closed after entering or exiting the dog park.
(12)
Owners/handlers must exercise control over their dogs so that they do not disturb wildlife or interfere with other dog park users.
(13)
Female dogs in heat are not permitted access to the dog park. Dogs that are not spayed or neutered may enter their dog park at their owner's risk.
B.
Permit requirements.
(1)
An applicant seeking a dog park permit must provide the following:
(a)
A completed application for a dog park yearly or daily permit on forms provided by the City Clerk/Treasurer or the City Police Department.
(b)
Certification of current vaccination for rabies and Bordetella signed by a veterinarian.
(c)
Waiver of City liability form signed by the applicant.
(d)
Payment of dog park permit fee in an amount determined by resolution of the Common Council.
(2)
All required forms must be filed with and all fees paid to the Office of City Clerk/Treasurer or the City Police Department.
(3)
Yearly permits will be issued on a calendar year basis.
C.
Action on application.
(1)
The City Clerk/Treasurer or Chief of Police or their designee (approving authority) will review each application and approve or deny the application based upon the criteria of Subsection
B. Denial of a permit may be appealed in writing to the
Park Board and filed with the City Clerk/Treasurer or City Police Department within 30 days of receipt of the notice of denial.
(2)
The approving authority may condition approval of the application upon such terms and the conditions as are determined necessary to protect the public and ensure safe operation of the dog park.
(3)
Upon approval of an application, the approving authority shall issue a permit for each dog granted access to a dog park.
(4)
The dog park permit will specify all persons authorized to take the dog to a dog park. The permit holder is jointly responsible with all persons taking a dog to a dog park to ensure compliance with the requirements of all applicable ordinances.
D.
Permit revocation, suspension, or nonrenewal.
(1)
Upon receipt of a signed and written complaint filed with the City Clerk/Treasurer or the City Police Department alleging that a dog has bitten a person or another dog, is a vicious dog or that the dog park permit holder or other person authorized to use said permit is violating dog park rules, the City Clerk/Treasurer or Police Chief or their designee will send notice to the dog park permit holder suspending their dog park permit for the dog until a final determination of the complaint and of the revocation of the dog park permit in the event of a failure to appeal the suspension. Upon receipt of the notice of suspension, the dog park permit holder has 10 days to submit to the City Clerk/Treasurer or Police Chief a written request for a hearing to appeal the suspension and contest the complaint. Upon receipt of a timely appeal, the matter will be scheduled for a hearing before the Park Board. If the dog park permit holder does not timely appeal, the dog park permit will be revoked.
(2)
Following the hearing on an appeal, the Park Board may suspend or revoke the dog park permit if it finds that the facts justify suspension or revocation for the protection of other users of the dog park or to ensure continued operation of the dog park in conformity with the ordinances governing its use. If the Park Board does not so find, it will reinstate the dog park permit.