This chapter applies to municipal dog parks, and it does not supersede the obligations of dog owners or handlers under either Chapter
69 of the Town Code or under Article 7 of this state's Agriculture and Markets Law. With the exception of the fact that dogs are allowed to be off leash within the fenced area of a dog park, these other provisions of state statute and Town Code regarding animal behavior and dog owner responsibility are applicable to all users of dog parks. The behavior of a dog as a dangerous dog within the meaning of Article 7 of the Agriculture and Markets Law, and the enforcement and remedies pertaining thereto, shall be equally applicable to the behavior of unleashed or leashed dogs within a dog park.
As used in this chapter, the following terms shall have the
meanings indicated:
DANGEROUS DOG
A dog which, without justification, attacks a person, companion
animal or farm animal and causes physical injury or death or behaves
in a manner which a reasonable person would believe poses a serious
and unjustified imminent threat of serious physical injury or death
to one or more persons, companion animals, farm animals or domestic
animals or, without justification, attacks a service dog, guide dog
or hearing dog and causes physical injury or death. It is the intent
of this definition that a dangerous dog for purposes of this chapter
shall be the same as defined within Article 7 of this state's
Agriculture and Markets Law, and that the terms "physical injury"
or "serious physical injury" shall have the same meaning as set forth
in that statute.
DOG PARK
A fenced and enclosed area, either existing independently
or forming a part of a Town park, that has been designated by the
Town for use as an off-leash dog area for the exclusive use of dogs
and their handlers.
ENFORCEMENT OFFICER
The Town's Recreation Director, a police officer or
an Animal Control Officer.
HANDLER
The person who accompanies a dog for the purpose of its supervision.
The handler shall either be the owner of the dog or a responsible
person permitted by the owner to bring the dog to the dog park. Any
liability of the handler under this chapter shall not be forgiven
or excused because the handler did not, in reality, possess the consent
of the dog's owner.
OFF-LEASH AREA
The fenced, secured section of a dog park where the dog is
allowed to exercise without a leash and under the supervision of a
handler.
ON-LEASH AREA
Any portion of the dog park not included within the fenced
and secured off-leash area.
PIT BULL
A.
A dog meeting any of the following standards:
(1)
An American pit bull terrier;
(2)
A Staffordshire bull terrier;
(3)
An American Staffordshire terrier;
(5)
Any other purebred or mixed-breed dog whose appearance and physical
characteristics are predominately those of any of the dogs listed
above or is a combination of any of the dogs listed above.
B.
Inclusion of this definition is not equivalent to a breed-specific
designation of pit bulls as a "dangerous dog" within the meaning of
Article 7 of the Agriculture and Markets Law. Instead, this definition
is provided merely in connection with the regulation of access of
certain dogs to an off-leash area of an enclosed dog park where human
anxiety and fear of an unleashed type of breed can be expected to
discourage and chill the use and enjoyment of the facility by many
residents and contribute to heightened and more frequent incidents
of unstable behavior among dogs and handlers within a confined area
where incidents of instability involving this particular breed may
engage the significant strength and destructive power characterizing
the breed's anatomy.
PUPPY
A dog between birth and 12 months of age.
SHARED-USE OR MULTI-USE PARK
A park that has playground equipment, an athletic playing
field(s) or any other use that attracts children and which facility
includes a designated dog park.
Each separate violation of the provisions of this chapter is
a violation and, upon conviction, shall, for a first offense, be punished
by a fine not to exceed $500 or imprisonment not to exceed 15 days.
Maximum fines shall be $750 for a second offense and $1,500 for a
third or greater offense.
If any provision of this chapter is held invalid for any reason
by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining provisions of this chapter.