Notice of Public Hearing- Ordinance 2021-15: An Ordinance Establishing Rules for Leash-Free Dog Parks Within the Town of Churubusco

NOTICE TO TAXPAYERS AND INTERESTED PARTIES OF HEARING ON PROPOSED RULES AND REGULATIONS OF A LEASH FREE DOG PARK

Notice is hereby given to the taxpayers and other interested parties of the Town of Churubusco, Whitley County, Indiana, that Ordinance 2021-15: An Ordinance Establishing Rules for Leash-Free Dog Parks Within the Town of Churubusco was introduced at a meeting of the Town Council held on October 7, 2021. The Churubusco Town Council will consider at Churubusco Park Scout Building, 501 N. John Krieger Drive, Churubusco, IN 46723 at 6:00 pm on Wednesday, November 3, 2021, At such public hearing and prior to final adoption of said Ordinance, all interested parties may appear and be heard. While the public hearing will be broadcast via Zoom, comments will only be heard in person or via email sent to madalyn@townofchurubusco.com prior to 4:30 on November 3, 2021. A copy of Ordinance No. 2021-15 may be examined at the office of the Clerk-Treasurer, 204 N. Line Street, Churubusco, IN 46723; on the Town’s website; or by email.

Following adoption of the Ordinance, all parts of the Ordinance will be in effect including the implementation of penalties and fines.

Dated this 8th day of October, 2021.

Churubusco Town Council

ORDINANCE 2021-15
AN ORDINANCE ESTABLISHING RULES FOR LEASH-FREE DOG PARKS WITHIN THE TOWN OF CHURUBUSCO

WHEREAS, the Town of Churubusco has identified constructing a dog park as a priority to assist in increasing tourism and provide another quality-of-life amenity for our residents; and,

WHEREAS, the Town of Churubusco’s goals are to foster a safe area where dogs are socialized to have good manners and visitors feel comfortable while using the facility; and,

WHEREAS, present ordinances and regulations of the Town of Churubusco are inadequate to properly safeguard the health, safety, peace, and general welfare of the inhabitants of the Town of Churubusco; and,

WHEREAS, the Town Council finds it is imperative to establish rules and regulations to meet these goals.

NOW, THEREFORE, by the powers vested in the Town Council of the Town of Churubusco, Whitley County, Indiana, it is hereby ordered and ordained:

A. RULES AND REGULATIONS

1. The Town of Churubusco does not supervise visitors at the dog park, and therefore dog park patrons are individually responsible for guarding against the risks posed by unleashed dogs.
2. The dog park is for dogs and their owners/handlers only. Other types of animals are prohibited.
3. Maximum two dogs per individual.
4. Owners/handlers must carry a leash for their dog(s) at all times.
5. Children under 12 years of age must be accompanied by an adult.
6. Owners/handlers must remain in control and in sight of their dog(s) at all times. Dogs may not be left unattended.
7. The following are not allowed in the dog park: rawhides, food (dog or human), glass containers, alcoholic beverages, or smoking. Small training treats only are allowed. Tennis balls are the only allowable toys.
8. Dog owners/handlers are legally responsible for the actions of their dog(s). Any damages resulting from any dog’s behavior at the dog park are attributable to the dog’s individual owner/handler.
9. Owners/handlers are expected to comply with all applicable local, state, and national ordinances, regulations, and laws governing dogs.
10. Owners/handlers are expected to remove any waste and fix any damage they or their dogs may produce including but not limited to filling in holes dug by dogs, pick up and disposal of feces, disposal of trash, etc. Bodily fluids must be disposed of in a bag and placed in the provided receptacles.
11. Puppies under four months of age may not use the park.
12. Dogs must be spayed/neutered to use the dog park.
13. Aggressive dogs are not allowed. If your dog displays an aggressive temperament, please keep him or her at home. Any dog declared Potentially Dangerous or Vicious by either the Town of Churubusco or Whitley County Humane Shelter is prohibited from using the dog park.
14. Dogs must be up to date on all required vaccinations, which include rabies, Bordetella, and distemper/parvovirus combo vaccines. Documentation must be produced if asked.
15. A sign notifying visitors of the rules will be placed on the entrance of the dog park.
a. Included on these rules will be the number for the Churubusco Police Department in the occurrence a dog fight or bite occurs to report the incident.
B. ENFORCEMENT
1. Any person violating the rules of this Ordinance may be subject to removal and suspension from the dog park.
2. Enforcement of these rules shall be done by one or more of the following:
A. Churubusco Community Park Employees
B. Churubusco Police Department and/or other law enforcement agencies who have jurisdiction within the Town of Churubusco
C. Designees of the Churubusco Town Council
3. Any person asked to leave the dog park shall leave immediately.
4. It is an offense to violate any provision of this Ordinance.
5. Any person found guilty violating this Article shall be punished by fine not to exceed $500.00 per offense.
6. Any person violating any of the provisions of this ordinance may be subject to prosecution.
7. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance.
C. EFFECTIVE DATE
This ordinance shall be in full force and effective upon the Ordinance’s passage.

DULY ADOPTED by the Town Council at its regular meeting held on the ______ day of ___________, 2021, at which meeting a quorum was present.

_______________________________ ATTEST:
Mark Pepple

________________________________ _____________________________
Devin Keener Madalyn Sade-Bartl, Clerk-Treasurer

________________________________
Nathan Van Horn, Town Council President

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