[HISTORY: Adopted by the Town Board of the Town of LaGrange 7-14-2010 by L.L. No.
3-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 69.
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:
A dog over 12 months of age.
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.
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.
The Town's Recreation Director, a police officer or
an Animal Control Officer.
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.
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.
Any portion of the dog park not included within the fenced
and secured off-leash area.
A dog meeting any of the following standards:
An American pit bull terrier;
A Staffordshire bull terrier;
An American Staffordshire terrier;
An American bulldog; or
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.
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.
A dog between birth and 12 months of age.
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.
A.
The Town Board may designate, establish and improve dog parks as
recreational amenities. In so doing, the Town Board shall segregate
and secure a separate area as an off-leash area for dogs and their
handlers, and the Town Board may exercise that function either through
the establishment of property for exclusive use as a dog park or by
the segregation and setting aside of an area for a dog park within
lands devoted to other municipal uses, recreational or otherwise.
B.
In establishing dog parks for the exclusive use of dogs and their
handlers, the Town Board shall consider the property's size,
location and frequency of use by members of the public, the primary,
actual or designed use of each parcel of land prior to the establishment
of a dog park, and the character and proximity of neighboring uses
of land.
C.
The Recreation Director shall post signs that notify the public of
the separation between off-leash and on-leash areas for dogs.
D.
Off-leash areas shall be securely and appropriately fenced to avoid
the escaping of an unleashed dog from the control of its handler and
the exiting of the off-leash area.
E.
If practical and funds are made available, the Recreation Director
may designate a separate, fenced and secured section within a dog
park to accommodate dogs that weigh 20 pounds or less, but this is
not an essential standard or goal.
F.
The Recreation Director may designate, if feasible and funds are
available, a play and training section for the protection of puppies
that shall be segregated and secured from other areas of the dog park,
although this is not an essential standard or goal.
G.
The Town Board may adopt by resolution more specific rules and regulations
pertaining to the use of dog parks. The failure of the Town Board
to adopt regulations shall not render ineffective the provisions of
this chapter.
H.
Activities within the dog park shall be limited to the exercise of
dogs accompanied by handlers and others, and there shall be no other
allowable recreational activities such as ballplaying or other recreational
activities.
I.
The maximum hours of usage of a dog park shall be from dawn to dusk
unless otherwise fixed by regulations adopted by Town Board resolution.
A.
Handlers shall be responsible for all actions and behavior of their
dogs and shall be responsible and liable for all injuries or damage
caused by their dogs while on Town property.
B.
Handlers shall be responsible for removing any feces, vomit or other
waste material produced by their dogs and depositing such materials
in an appropriate container.
C.
Handlers shall keep their dogs on a leash no longer than six feet
in length when entering the dog park facility and before moving the
dogs into the off-leash area.
D.
While dogs are in the off-leash area, handlers shall control their
dogs by sound or voice command.
E.
Handlers shall closely supervise minor children who accompany them
to the dog park.
F.
The Town of LaGrange, and its officers and employees, shall not be
liable for any injury or harm to any person or dog incurred or caused
by any person or dog entering or remaining in the on-leash or off-leash
areas of a dog park. Persons who make use of, or register to use,
dog park facilities of the Town shall be required to sign a waiver
and release of liability on behalf of the Town for such injury or
harm. Failure to be presented, or to sign, a waiver and release shall
not in any way limit the Town's, and its officers' and employees',
exemption from liability under this subsection.
G.
The Recreation Director, or his or her designee, shall have the right
to deny any person or dog access to any or all dog parks of the Town
for breach of the policies and regulations set forth in this chapter
or of separate regulations adopted by resolution of the Town Board.
H.
The actual owner of any dog, if different than the handler, shall
be responsible and liable vicariously for the actions and conduct
of the dog or handler which results in injury or damage in cases where
the owner consented to the handler's possession and supervision
of the dog.
A.
Possession or consumption of alcohol or drugs is prohibited in dog
parks at all times. All handlers shall be free from the influence
of alcohol or drugs while escorting, transiting, training or accompanying
a dog in a dog park.
B.
No food, including dog food or treats, shall be allowed in the off-leash
area of a dog park.
A.
In order to promote the ability of each handler to keep a dog under
voice and sound control within the dog park, the use of any noise-producing
devices, including radios, television sets, musical instruments, boom
boxes, or equipment driven by motors or engines, is prohibited in
a dog park.
B.
This section shall not prohibit the use of law enforcement equipment,
equipment for custodial maintenance, or mobility-enhancing devices
for disabled individuals.
A.
Before entering a dog park, each dog shall have the current vaccinations
required by law, and each handler shall be prepared to provide documentation
to enforcement officers of the current vaccinations upon request.
Suitable documentation shall consist of veterinary records, vaccine
certificates and/or receipts identifying vaccinations issued by a
licensed veterinarian. Dogs shall be free of internal parasites upon
entering a dog park. Dogs shall have been treated, within the 30 days
preceding entry, for control of fleas, ticks or other external parasites.
B.
Required vaccinations shall include distemper virus, infectious canine
hepatitis, leptospirosis and parvo virus, together with any other
vaccinations required by state or county law which are not included
among the aforesaid. Unless required by state or county law, it is
recommended, but not required, that dogs have current vaccinations
for parainfluenza and bordetella.
A.
Any dog transited to or from the handler's vehicle, or outside
of a designated off-leash area, shall be on a leash no longer than
six feet.
B.
Handlers shall carry a leash no longer than six feet for each dog
in the handler's care in the off-leash area.
C.
A handler shall not bring more than two dogs into the off-leash area
at any time.
D.
To prevent injury, a handler shall remove pinch or choke collars
from a dog before entry to the off-leash area.
E.
A handler shall not bring a puppy under the age of 16 weeks into
any dog park.
F.
Female dogs in estrus (commonly referred to as "in heat") shall be
prohibited from entering any portion of a dog park, either on-leash
or off-leash areas.
G.
When the handler's dog is in the off-leash area, the handler
shall remain within the off-leash area, and the handler shall keep
dogs within view and under verbal, sound or signal control at all
times.
H.
Each handler in the off-leash area shall be at least 18 years of
age. Minor children entering the off-leash area must be accompanied
by a responsible adult. Children six years of age and under are not
allowed in the off-leash area.
I.
All dogs shall have valid dog license tags attached to them.
J.
Handlers shall comply with all other dog park rules. Rules shall
be posted by the Recreation Director in an easily visible location
of each dog park.
A.
Handlers shall insure that dogs demonstrate safe behavior and social
interaction at all times toward people and other dogs.
B.
Dogs displaying aggressive behavior toward people or other dogs shall
be immediately leashed and removed from the off-leash area, after
which they shall directly leave the Town park.
C.
Local or state regulations pertaining to dangerous dogs are applicable
to all dogs and handlers entering a dog park. Those state or local
regulations are not suspended while a dog or handler is within an
off-leash area.
D.
The Recreation Director, his or her designee, or any enforcement
officer may issue a written notice against trespass barring future
entry of any handler or dog in situations where a dog has displayed
aggressive, dangerous or vicious behavior towards any other dog or
person within a dog park. Causation of actual physical injury is not
a prerequisite to issuance of the notice. Persons receiving such a
trespass notice shall be liable to prosecution for trespass under
this state's Penal Law in the event of disobedience or violation
of that notice.
A.
Each dog entering a dog park shall have a current dog license and
tag issued pursuant to Article 7 of the state's Agriculture and
Markets Law. The dog license tag shall be attached to the dog's
collar, and such collar shall remain on the dog at all times while
in the dog park or moving to or from the dog park.
B.
Each dog entering a dog park shall wear an individual dog park entry
tag indicating that the annual dog park entry fee has been paid to
the Town. Payment of the annual dog park entry fee entitles the handler
to a single, colorized dog park entry tag applicable to the dog to
which it was issued. Entry tags shall be issued on a calendar-year
basis. The dog park entry tag shall be colored to denote the calendar
year for which it is valid. There shall be a one-month grace period
(January) during which time a dog may still have the dog park entry
tag for the previous calendar year. The dog park entry tag allows
the authorized dog to enter any Town dog park unless a handler or
owner of the dog has been issued a trespass notice relating to that
dog's behavior. Applications for an initial dog park entry tag
shall be made to the Recreation Director or such other person as designated
by the Town Board by resolution. Initial applications shall include
photographs of both side profiles of the animal's full body and
a photograph of the face of the dog facing forward. Applications shall
be accompanied by proof of the vaccinations required by this chapter.
Applications shall identify the breed, or mixed breeding, of each
dog. Any misrepresentation on the application for dog park entry tags
shall be a violation of this chapter and may additionally expose the
applicant to liability for the filing of a false instrument under
this state's Penal Law.
C.
D.
If the ownership of the dog changes, the new owner shall complete
an application, provide a new dog picture, and pay the administrative
fee to the Town to transfer ownership of the dog and its dog park
entry tag.
E.
All fees paid to the Town of LaGrange will be deposited in the general
fund of the Town of LaGrange.
F.
Fees charged in this section may be amended by resolution of the
Town Board. The Town Board may establish higher fees for dog owners
residing outside the Town.
G.
Dog park entry tags shall not be available for pit bulls as defined
in this chapter.
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.