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Montefiascone dog ban in Prato Giardino faces legality challenges
The municipality of Montefiascone has implemented a ban on dogs in the Prato Giardino park, citing the protection of minors. However, critics and legal experts argue the measure is illegitimate and violates recent judicial precedents.
According to legal interpretations of a TAR Lazio ruling (Sentenza n. 3487), absolute bans on dogs in municipal park areas violate the principle of proportionality. The administration is expected to use less restrictive measures, such as leash requirements and waste collection mandates, which are already established by state law.
Furthermore, legal standards suggest that if a municipality wishes to restrict dogs from specific children's play areas, those areas must be physically delimited by fences or barriers. In Prato Giardino, the playground equipment is located within the open green space without any physical separation, making the blanket ban on the entire park legally questionable.