The area where we see the most legal activity concerns the creation of dog parks. Encounters on leash, on streets and roads, are often cut short or prevented at all, so that for many busy dog-owners with limited time to enjoy their pets, a dog park may be the best place to assure some frequency of socialization activity. Indeed, one of the values of a dog park is that it provides a place where a dog owner can socialize a dog that might not otherwise be meeting many members of its own species. It appears that people with aggressive dogs are not prone to bring them to dog parks. The number of legal decisions and orders, either formally reported or published in Westlaw or Lexis-Nexis, that concern disputes that arose between visitors of dog parks has also not been very significant in our opinion. There is also the goodwill of the dog-owning users, who see the benefits of such parks for their dogs and themselves and who make an extra effort to reduce both human and canine aggression. Indeed, we suspect that many dog parks, often created by committees of citizens in many rounds of discussions, are well thought out to avoid such problems and the frequency of personal injuries appears to be very low. There have been some lawsuits in tort regarding unsafe conditions for visitors to dog parks, but it does not seem to us that the number of such suits is disproportionate to the amount of land involved. Relatively few states have seen the need to assure any specific level of immunity to those who own the land on which a dog park is created. When we first wrote this article five years ago, we expected we would be seeing more legislative and judicial activity concerning dog parks than has been the case. Thus there is no single proposed law, but rather a collection of suggested modifications of statutes and regulations, some of which may be appropriately contained in a statute in one jurisdiction but a regulation in another, depending on where related issues are addressed in the codes and rules issued by a state, county, municipality, or other park-regulating entity. The model law provisions are somewhat unusual in contemplating the adoption of provisions at a number of legislative levels. Finally, the model laws and rules are contained in the last section. It then reviews the rules that often apply to the users of dog parks around the United States. The article begins with our views on how dog park law has evolved in recent years, then discusses the laws and regulations that apply to dog parks and similar spaces. Also, those committees and groups that must decide on rules for use of a dog park to be posted at an entrance gate can understand what we think is appropriate and reasonable for a list of requirements, given that users will not want to spend large amounts of time reading a legal text before getting a dog inside the park.
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We will from now update the article periodically in this location so that those readers who are involved in creating dog parks, and legislators and their staff involved in modifying laws and regulations to take into account the significance of dog parks in the legal and governmental systems of states, counties, and municipalities, can have what benefit our analysis may provide concerning developments relevant to their interests. This article was originally posted by the Animal Legal & Historical Center five years ago and the authors feel it has been in need of revision for some time.
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