Rules for bringing animals into public parks

(a) Persons may bring animals into public parks as provided in this section in accordance with rules adopted by the director pursuant to HRS Chapter 91. Such rules may provide for the following: (1) Pony rides may be allowed by permit in conjunction with a carnival or fair; (2) Shows, classes, and other events for cats, dogs, and other household pets may be allowed by permit; (3) Persons having custody and control of dogs on a leash may use public parks or areas therein designated for dogs on a leash by the director in accordance with subsection (b); and (4) Persons having custody and control of unleashed dogs may use an off-leash park designated by the director in accordance with subsection (b). For the purposes of this subsection, “household pet” has the same meaning as defined in § 21-10.1 , but excludes “farm animals” and “poultry,” as those terms are defined in § 12-2.2 . (b) The director is authorized to designate areas in public parks for use by persons having custody and control of dogs on a leash and to designate public parks for use as off-leash parks for dogs. In designating parks as off-leash parks and in designating parks or areas therein for leashed dogs, the director shall consider the park’s size, location, and frequency of use by members of the public, as well as the primary actual or designed use of each park or area included in the designation. The director shall post signs that notify the public of such designation that describe or map the park or park areas so designated. Signs for areas for leashed and off-leash dogs shall further display the applicable requirements in subsection (c). Parks for off-leash dogs shall be appropriately fenced to contain the dogs. (c) The director shall adopt rules pursuant to HRS Chapter 91 to hold persons bringing permitted animals into public parks responsible for the sanitary use of the park, the protection of shrubbery, trees, turf, and other property, and the safety, health, and welfare of all park users. The rules shall address the specific responsibilities associated with bringing a type of animal into a public park. (1) Rules for persons bringing leashed dogs into designated parks or park areas shall include: (A) Requiring the person having custody and control of the dog to restrain the dog at all times on a leash, cord, chain, or other similar means of physical restraint of not more than 8 feet in length; (B) Requiring all dogs in the park or park areas designated for leashed dogs to display a valid license tag attached to the dog’s collar; (C) Requiring the person having custody and control of the dog to be 18 years of age or older; (D) Requiring the person having custody and control of the dog to carry equipment for the removal and disposal of dog feces and to clean up and dispose of feces left by the dog; and (E) Allowing, notwithstanding § 10-1.2 (a)(9), persons otherwise in compliance with this article and having custody and control of a dog otherwise in compliance with this subdivision to traverse a public beach park using the most direct route for the purpose of reaching the shoreline during either hours when the park is open or hours when it is closed. (2) Rules for persons bringing dogs off-leash into designated off-leash parks shall include: (A) Requiring the person having custody and control of the dog to maintain voice control over the dog at all times; (B) Prohibiting female dogs in estrus from entering the off-leash park; (C) Requiring all dogs to display a valid license tag attached to the dog’s collar; (D) Notifying any person entering an off-leash park that the person enters and remains in the park at the person’s own risk and the city is not liable for any injury or harm to any person or dog incurred or caused by any other person or dog entering or remaining in the off-leash park; (E) Requiring the person having custody and control of the dog to be 18 years of age or older; and (F) Requiring the person having custody and control of the dog to carry equipment for the removal and disposal of dog feces and to clean up and dispose of feces left by the dog.