[Adopted by Ord. No. 29-2003 (§ 6-36
of the Revised General Ordinances)]
For the purposes of this article, the following
terms shall have the meanings indicated:
The Livingston Dog Park located in East Hills Park.
A.
Use at your own risk. Dog owners are responsible and
liable for the actions and behavior of their dogs at all times.
B.
Dog owners must certify that their homeowner's/renter's
insurance has liability coverage.
C.
All dogs must have current rabies, distemper and parvo
vaccinations. It is recommended that dogs be on a flea and heartworm
preventive medication.
D.
Do not bring a dog that is ill.
E.
All dogs must wear a valid license and a Livingston
Dog Park pass.
F.
Dog owners must contact the Livingston Health Department
to apply for a Dog Park pass.
G.
Dog Park passes are not transferable to other dogs.
H.
Limit of two dogs per adult.
I.
Dogs must be accompanied by an adult 18 years or older
at all times.
J.
Dogs must be kept on leash until inside the gated
area.
K.
No spiked, pronged or choke collars allowed on dogs
once inside the dog run.
L.
No puppies younger than four months old.
M.
No children under age 10 allowed inside the fence;
all children must be accompanied by an adult.
N.
Owners are required to clean up after their dog. Waste
bags are provided.
O.
Dogs must be removed from park at first sign of aggression.
P.
Female dogs in heat are prohibited.
Q.
No food allowed (except water in plastic bottles).
R.
The small dog park is limited to dogs weighing 25
pounds or lighter. The large dog park is open to dogs of all sizes.
S.
The park may be closed for maintenance without prior
notice.
T.
No smoking allowed.
U.
The hours of operation shall be from 8:00 a.m. to
sunset each day.
[Amended 6-21-2004 by Ord. No. 11-2004]
V.
Dog owners who fail to comply with the above rules
and regulations may receive a summons.
Fee schedule for Livingston Dog Park passes
shall be as follows:
[Added 6-20-2005 by Ord. No. 17-2005]
A.
The Committee currently operating Livingston Dog Park shall select
from its members not less than five members to serve as its Dispute
Resolution Committee. If possible, members shall have some familiarity
and training in dispute resolutions and mediation, although such training
shall not be a requirement for appointment to such Committee, in recognition
of the fact that the Committee represents volunteers dedicating their
time and effort to the operation and maintenance of the Dog Park.
B.
The Livingston Dog Park Dispute Resolution Committee shall, at a
designated time and place, as frequently as shall be necessary by
the number of written notices of violations referred to it, provide
any complainant and the person using the facilities of Livingston
Dog Park, and/or owning and/or controlling an animal on the premises
of Livingston Dog Park, when the violation occurs, or having authority
of the owner of the animal, and/or the owner of the animal himself/herself,
as the case may be, who/which has been accused of violating the rules
and regulations governing Livingston Dog Park, the opportunity to
present or defend the violation(s) complained of, in a frank and open
dialog. If requested by a party to the complaint and/or if found to
be necessary or determined to be necessary by the Committee, witnesses
shall also be allowed to appear before the Committee. Witnesses must
have actually observed the offending behavior by the animal, and/or
the owner or person authorized by the owner, and/or by the person
visiting the facility.
C.
The Committee shall issue a notice of violation against the alleged
violator, in which the alleged violation(s) is/are specified, and
to designate the date, time and place at which a hearing shall be
held to determine if such violation(s) actually took place and, after
such hearing, the Committee has the right and authority to impose
such fine(s) and penalties as are specified in Schedule A annexed
hereto,[1] as such schedule may be amended from time to time or at
any time by the Township Council by resolution.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
D.
A notice of violation may be issued by the Committee to any person
owning, authorized by the owner, or accompanying, with or without
the approval of the owner, any animal entering the grounds of the
Livingston Dog Park or the individual(s) himself, herself or themself,
who violate any of the rules and regulations governing Livingston
Dog Park, whether or not such violation occurs on the grounds of and/or
within the confines of the Livingston Dog Park, upon the submission
to the Committee of a complaint, dated and signed, and specifying
the violation(s) complained of.
E.
The Committee shall encourage and provide ample time for the complainant(s)
and alleged violator(s) to discuss the issues and open a line of communication
between the parties, in a frank and open dialog, with a view to provide
the parties the opportunity for a reasonable resolution of their dispute
or the complaint.
F.
The Committee is imbued with all authority to impose a fine and/or
revoke a pass after a finding that there has been a violation of the
rules and regulations set forth in the original ordinance, as supplemented
as provided herein below, including those specified in Schedule A
annexed hereto.
G.
The alleged violator may appeal any determination made by the Committee
to the Livingston Municipal Court by requesting a hearing.
H.
The fines and/or other relief determined by the Committee, after
the hearing, if not paid by the violator in the manner and within
the time specified when the Committee makes its final determination,
may be presented to the Livingston Municipal Court for enforcement.
Where possible, at the time the final determination is made by the
Committee, the offending party shall sign and date the annexed consent
agreement form, which document may be presented to the Livingston
Municipal Court for enforcement and/or be presented to any other court
of competent jurisdiction in which the matter may subsequently be
heard, as evidence that a hearing had been held in accordance with
this section, and specifying the violation(s) charged and the determination
made by the Committee. The consent agreement shall also be signed
by the members of the Committee hearing the offense(s) and making
the determination; or, if not signed by the offending party, the consent
agreement shall be signed by the Committee members hearing the offense(s)
and making the determination. If certified to be a true copy of the
determination, the same shall be deemed to be the uncontroverted testimony
of the Committee members holding the hearing and such Committee members
need not appear in any court unless and until ordered by the court
to which the document is presented for enforcement.
I.
Any fines collected by the Committee shall be paid by check payable
to the Township of Livingston.
J.
The Committee shall present to the Town Council a yearly tally of
the fines collected. The Town Council, at its discretion, may utilize
these funds for the betterment of the Livingston Dog Park.
[Added 6-20-2005 by Ord. No. 17-2005]
In addition to the fines and/or penalties permitted under the
original ordinance, the following fines and penalties are authorized
to be imposed by the Livingston Dog Park Dispute Resolution Committee,
all as are more particularly specified in Schedule A annexed hereto:[1]
A.
Temporary or permanent revocation of a Dog Park pass.
B.
Fines and penalties for first offenses.
C.
Enhanced fines for repeated or multiple offenses, to the maximum
amount of $1,000,000 permitted under the original ordinance.
D.
Multiple fines for multiple offenses, which may be imposed to the
maximum permitted under the original ordinance, for each determined
offense.
E.
Such other fines and penalties as may be adopted by the Committee, in its discretion, to carry out the purposes and aims of § 68-41. Any supplemental fines and penalties adopted by the Committee shall, before becoming effective, be first submitted to the Livingston Township Council for approval and amendment to §§ 68-41 and 68-42, which may be achieved by resolution.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
