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.