It shall be unlawful for the owner or any person harboring a dog,
wild animal and/or domesticated animal, as defined in § 108
of the New York State Agriculture and Markets Law, to permit of allow
such dog, wild animal or domesticated animal to be present at any
special event in either Wiles Park or Haslett Park.
For purposes of this section, a "special event" shall mean the following
activities: The Fourth or the third of July, band concerts, fairs,
carnivals or any activity at which food is being sold or served to
the general public. A special event shall also include any other specifically
approved event conducted, at least in part, in either Wiles Park or
Haslett Park which will or may involve significant public assembly
and/or which is specifically designated as a special event by the
Village Board or the Chief of Police.
The posting of signage by the Village or by the host of a special
event to the effect that dogs or wild or domesticated animals are
not permitted at the special event shall be presumptive evidence that
said event will or may involve significant public assembly.
The prohibition herein shall not apply to any dog or wild or domesticated
animal which is confined in a motor vehicle or otherwise in a crate,
cage or similar structure that prevents such dog or wild or domesticated
animal from causing personal injury or damage to personal property.
There shall be excluded from this article any dog which is defined
in § 108 of the New York Agriculture and Markets Law, as
same may be amended from time to time, as a "guide dog," "hearing
dog," "service dog," "working search dog," "detection dog" or any
other dog which may be utilized by law enforcement agencies or which
are professionally trained service animals utilized by persons with
disabilities. There shall also be excluded any animal defined as a
"service animal" under the Americans with Disabilities Act (ADA) or
any dog or wild or domesticated animal officially entered into an
event or taking part in an event; provided, however, that such dog
or wild or domesticated animal shall only be allowed to be present
one hour prior to the event, and once such dog or wild or domesticated
animal is no longer participating in such event, it shall be removed
from such park so as to comply with this provision.
Any person found to be violating these provisions shall be subject
to a fine as may be set from time to time by resolution of the Village
Board and incorporated into the Schedule of Fines.
Law enforcement officers shall have the authority to remove, or cause
to be removed, the dog or wild or domesticated animal from Wiles Park
or Haslett Park. If the owner or person otherwise harboring such dog
or animal cannot be found, the dog or animal can be removed from the
park and taken to an animal shelter or other secure location and may
be retrieved by the owner at the owner's expense.