There is hereby established within the Town of Smithfield a dog park for the purpose of allowing the off-leash exercise of dogs, provided that such dog is under the control of an attendant who is competent and knowledgeable relative to the behavior of said dog(s).
There is hereby established a Smithfield Dog Park Committee with the powers set forth in this chapter.
The Smithfield Dog Park Committee shall consist of three members, appointed by the Town Council from among the qualified voters of the Town, each to serve a term of three years, with the terms so arranged that the term of at least one of the members shall expire each year. In the event of a vacancy on the Committee, the Town Council shall make an interim appointment for the remainder of the unexpired term. Members of the Committee shall represent the dog community in the Town of Smithfield.
The Committee shall organize annually and, by election, shall select from its membership a Chair and Vice Chair and may adopt any rules of procedure deemed necessary in discharging its duties.
Two members of the Board shall constitute a quorum.
The general duties and purposes of the Smithfield Dog Park Committee are as follows:
A. 
Volunteer and recruit additional volunteers to help maintain the condition of the park to ensure cleanliness, health and safety.
B. 
Recommend to the Town Council necessary rules and regulations for the dog park.
C. 
Promote education on dog safety.
D. 
Plan special events.
E. 
Develop fundraising strategies and solicit donations to fund improvements to the park.
The Committee shall be advisory in nature and shall not replace or duplicate the duties of the Town Council. The Committee may seek municipal assistance through the Town Manager.
A. 
The Town of Smithfield Animal Control, under the direction of the Police Department, shall have authority to control the dog park and to make reasonable rules for its operation that are consistent with this article. The dog park will be operated year round on a daily basis from sunrise to sunset, unless closed for maintenance or severe weather.
B. 
Dog park rules:
(1) 
Owners/attendants must obey all posted park rules. Anyone to be found in violation is subject to removal and may be subject to fines.
(2) 
The dog park is open from sunrise to sunset. Use is prohibited after 9:00 p.m. Owners/attendants must obey posted park hours.
(3) 
Owners/attendants must be registered and obtain a membership card from the Town Clerk's office.
(4) 
Owners/attendants must be 16 years of age to enter the park.
(5) 
Children under the age of 16 must be accompanied by an adult and be closely supervised.
(6) 
No more than two dogs per owner/attendant shall be allowed in the park.
(7) 
Owners/attendants must ensure all dogs are current on all required vaccinations.
(8) 
All dogs must be free of diseases, parasite free, and have no visible wounds or injuries.
(9) 
Owners/attendants enter the park at their own risk and are legally and financially responsible for any damage caused by their dogs to another person, dog or park property.
(10) 
Owners/attendants must have visual and voice control of their dogs and control excessive barking at all times.
(11) 
Owners/attendants must clean up after their dogs.
(12) 
Dogs with a known history of dangerous/aggressive behavior are prohibited.
(13) 
Dogs must wear collars or harnesses at all times.
(14) 
Food of any kind, toys, and glass containers are not permitted inside the park.
(15) 
Smoking and the consumption of alcohol are prohibited inside the park.
(16) 
Dogs under four months of age are prohibited.
(17) 
Dogs must be spayed or neutered.
(18) 
Leaving dogs unattended is prohibited.
(19) 
Owners/attendants must carry a leash for each dog at all times and must attach the leash to the dog(s) when outside of the park.
(20) 
Aggressive owners/attendants and dogs will be asked to leave the park and may be prohibited from future use.
(21) 
Owners/attendants must report all bites to the Smithfield Animal Control Officer immediately by calling 233-1055. Dogs who bite will be removed, and the owner/attendant shall be subject to fines.
(22) 
The use of bicycles, rollerblades/skates, skateboards and similar equipment is prohibited.
(23) 
Motorized vehicles and devices, except for wheelchairs for the disabled, are prohibited.
(24) 
Professional dog trainers are prohibited from using the park for the operation of their business.
(25) 
Camera surveillance is in use. If any known violations of park rules is witnessed, please immediately report to the Smithfield Police Department by calling 231-2500.
A. 
Each attendant using the park is responsible for reading the rules of the dog park on first entering it.
B. 
The attendants must ensure that their dogs are legally licensed and are current on all vaccinations, to include: rabies, distemper/parvovirus, and Bordetella (kennel cough), and that their dogs are spayed or neutered. Proof of current licensing, vaccinations, and spaying/neutering must be presented at registration in order to be issued a membership card to access the park. Registration sites, dates and times are subject to the discretion of the Police Department and Animal Control and may take place at annual rabies clinics and/or additional times throughout the year. Attendants are required to register and sign a liability waiver to utilize the park each year, at which time their membership cards will be issued for their dog(s). Said membership cards will expire within one year. Requirements can be checked periodically by the Smithfield Police Department and Animal Control, who may establish rules relative to the periodic renewal of membership cards.
C. 
An annual membership registration is required by all attendants for use of the dog park. A membership card will be generated electronically at the time of registration and should be available when using the park. Non-Smithfield residents will be charged $25 per household annually at the time of registration or renewal. Said fee will be deposited into the Town of Smithfield dog park fund or an alternative fund utilized specifically for annual costs of maintenance, supplies, and other costs associated with the dog park.
D. 
All dogs shall be free of contagious or infectious diseases, be parasite-free both externally and internally, and have no visible wounds or injuries. Requirements can be checked periodically by the Smithfield Police Department and Animal Control, who may establish rules relative to the periodic renewal of membership cards.
E. 
No more than two dogs per attendant shall be allowed in the dog park.
F. 
The attendant of the dog(s) shall remain inside the enclosed dog park and have visual and voice control of their dog(s) at all times. Dogs shall not be left unattended at or inside the facility.
G. 
All dogs must be wearing a collar or a harness.
H. 
The attendant of any dog(s) using the facility must have in their possession a leash that must be attached to said dog(s) when outside the facility area.
I. 
The attendant must also have in their possession at all times while inside the park the membership card issued by the Town of Smithfield.
J. 
The attendant shall control excessive barking.
K. 
Food, toys, and glass containers are not permitted in the dog park. Smoking is prohibited in the dog park.
L. 
The attendant is responsible for destruction caused by their dog, which includes the responsibility of filling in any holes the dog digs while in the park.
M. 
The attendant must remove their dog(s) when they become engaged in excessive barking or are fighting with other dogs.
N. 
The attendants of dogs using the facility must use a suitable container to promptly remove any feces deposited by their dog(s) and properly dispose of such waste material in designated receptacles.
While inside the facility, children under the age of 16 shall be accompanied by an adult attendant who shall be responsible for the child's proper behavior and safety. Such children are not permitted to excite or antagonize any dogs using the facility by any means, including, but not limited to, shouting, screaming, waving their arms, throwing objects, or running at or chasing dogs.
To ensure the safety of the dogs and attendants, the following shall not be permitted at or within the dog park facilities:
A. 
Animals that are not dogs.
B. 
Dogs under the age of four months.
C. 
Any sexually intact dog, male or female. (All dogs must be spayed or neutered and supply proof upon registration.)
D. 
Dogs deemed to be vicious, or who have a previous history of aggressive behavior toward other animals or humans.
E. 
The use of bicycles, rollerblades/skates, skateboards and similar types of exercise equipment.
F. 
Motorized vehicles and devices, except for wheelchairs for the disabled.
G. 
Glass bottles and similar breakable containers.
H. 
Alcoholic beverages.
I. 
Smoking or vaping.
J. 
Food of any type, including dog biscuits/treats.
K. 
Professional dog trainers may not use the facility in conjunction with the operation of their business.
A. 
All individuals who utilize the dog park shall comply with all rules and regulations governing the use of the facility.
B. 
The owners and/or attendants are responsible for and liable for all injuries and damages caused by their dog(s).
C. 
The use of the dog park shall constitute the implied consent of the dog owner and/or attendant to abide by all of the rules and regulations of this article and shall constitute a waiver of liability to the Town of Smithfield for any and all violations of any provisions of this article. All individuals utilizing the dog park agree and undertake to protect, indemnify, defend, and hold the Town of Smithfield harmless for any injury or damage caused by or to their dog(s) during any time that said dog(s) is (are) unleashed at the facility or for the violation of any of the provisions of this article.
Any owner or handler of a dog that has been designated as dangerous, or which he or she has reason to know is dangerous, shall not bring such a dog into a dog park or off-leash area. Violation of this provision shall be cause for termination of any privileges associated with the use of the facility and shall be subject to a fine of $100. This provision shall not negate any other penalties that may apply for harboring a dangerous dog.
A dog bite occurring in a dog park or off-leash area shall be reported to the local police or Animal Control Officer by anyone involved or anyone witnessing such event, or by a physician or veterinarian or other health service provider treating the victim of a bite. A set of rules governing the operation of the facility shall be posted at the entrance to the dog park and shall include the phone number of the Smithfield Animal Control Division and Smithfield Police Department. Each dog bite occurring at the facility shall be reported to Smithfield Animal Control, and the owner shall be subject to the following: for a first violation, a fine of $50; for a second or subsequent violations, a fine of $100. Said fines will be deposited into the Animal Control Fines and Fees Fund. The Smithfield Police Department and Smithfield Animal Control Officers shall be authorized to enforce the provisions of this article.
A. 
The Town of Smithfield may establish and maintain parkland to be designated for off-leash dog areas and dog parks.
B. 
No person shall use a dog park for any commercial purpose. Professional dog walkers, whose business is to walk dogs for private individuals, may bring no more than two registered dogs at any one time. Violation of this restriction shall be subject to a fine of $50 per incident.
C. 
The Town of Smithfield may designate hours for the use of the dog park, which shall preclude use of the park after 9:00 p.m. and before 7:00 a.m. The Town of Smithfield may specify times when the park will be closed so that the park can be cleaned, and the park authority may mow the lawn and take care of any plants or facilities inside of a dog park or off-leash area.
D. 
The Town of Smithfield may close the park for an extended time if necessary for repairs and maintenance and other necessary modifications. Notice of such closure shall be posted at the entrance of the dog park or off-leash area at least one week before the first day of such closure and shall state the reason and expected duration of the closure.
E. 
The Town of Smithfield shall provide or assure the installation of appropriate fencing, with a double-gated entrance area for each section of the dog park. Dog parks may be divided into large- and small-dog sections, with the difference between the sections determined by the weight of the dog, such weight to be 25, 30, or 35 pounds. Dog park rules may specify that individuals with both small and large dogs must use the large-dog area if one of the dogs fits in the large-dog category.
F. 
The Town of Smithfield must post a notice stating that all handlers using a dog park or off-leash area do so at their own risk, and that the Town of Smithfield shall not be liable for any injury or damage caused at the dog park. This provision does not preclude a handler from seeking damages from another user of the park under either statutory or common law.
A. 
Dog parks in the Town of Smithfield shall be no less than 5,000 square feet in area, though off-leash areas can be of any size satisfactory to the needs of the area. Parks of less space can be considered on prior approval of the Town.
B. 
A dog park shall be located on well-drained land to prevent soil erosion and shall sit at least 50 feet from surface waters that drain into any river or creek; the surface shall allow for drainage away from the site in a manner that mitigates waste management issues. Where possible, underutilized areas should be considered.
C. 
A dog park may be located near a water supply line for drinking fountains (dog and human) and for maintenance purposes.
D. 
The Smithfield Dog Park Committee and Town Council will adopt and post rules for the dog park or off-leash area in type large enough to be easily read by those entering the park.
E. 
A dog park must be ADA compliant and meet all design standards as well as laws required by ADA regulations.
A. 
A person found to be in violation of this article and/or the dog park rules is subject to removal from the facility and may be prohibited from future use of the dog park.
B. 
A person who violates any provision of this article or the dog park rules shall, for a first violation, be subject to a fine of $50. A person who violates any provision of this article or dog park rules shall, for second or subsequent violations, be subject to a fine of $100 and shall authorize the Smithfield Police Department and Animal Control the ability to immediately seize their membership card and call for immediate removal as well as all privileges associated with any future use of the dog park. Said fines will be deposited into the Animal Control Fines and Fees Fund.
C. 
Any act of aggression by a dog(s), including dog bites inflicted on another dog or a human(s), shall authorize the Smithfield Police Department and Animal Control the ability to immediately seize the membership card and call for immediate removal as well as all privileges associated with any future use of the dog park.
D. 
The attendant must have in their possession at all times while inside the park the membership card issued by the Town of Smithfield. The membership card shall be displayed in such a manner that it is plainly visible on the attendant's outer clothing.
E. 
The Dog Park Committee and designated dog park monitors shall be empowered to contact the police and the animal control authority to enforce dangerous and vicious dog rules and to arrange for the removal of abandoned dogs and dogs that should be impounded to determine the possibility of disease.
F. 
The Smithfield Police Department and Smithfield Animal Control Officers shall be authorized to enforce the provisions of this article. Law enforcement authorities and the local animal control authority may enforce all state and municipal laws under their jurisdictions that apply to dog parks, which shall include the authority to remove and impound dangerous dogs, restrain and impound dogs biting individuals or other dogs for rabies inspections, arrest individuals for violations occurring in dog parks, and all other aspects of their authority that may be exercised in the area of the dog park.