Many dog owners believe the best place for their pup is right by their side, and this remains true when they decide to go out for a nice meal. Restaurant patios are a great place to spend time with friends and family, but is your dog allowed there? This is a question many dog owners ask and unfortunately, the answer isn’t as straightforward as you’d think.
A total of 17 states permit dogs on restaurant patios by state law or through administrative regulation. They include:
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In this article, we’ll discuss the tricky laws surrounding dogs being allowed on restaurant patios. You’ll learn what states legally permit this and how its rules can vary substantially depending on where you live and the restaurant you go to. We’ll also cover what dogs are exceptions to these rules and are always legally permitted on restaurant patios.
When Are Dogs Allowed on Restaurant Patios?
Bringing your dog to a restaurant patio is a fantastic luxury that allows you to get out of the house and socialize without keeping your furry friend cooped up at home. Unfortunately, if you ask the internet whether dogs are allowed on restaurant patios, you’ll find that there isn’t a clear answer. This is because there is a wide range of factors at play here that lead to a great deal of confusion for both dog owners and restaurant employees.
There are two overarching forces that determine whether dogs are permitted on restaurant patios, the state and the restaurant owner. Firstly, you must live in a state that legally permits dogs to be on restaurant property, and then, the restaurant itself must permit it.
It is important to know the rules and regulations connected to both of these parties before you leash up your pup and head to your favorite eatery.
State Laws and Regulations on Dogs on Restaurant Patios
One of the easiest ways to determine whether your dog is allowed on restaurant patios is to search for state laws and regulations on the matter.
As listed previously, there are a total of 17 states in the country that have laws or regulations permitting dogs in this area. These are listed in the chart below.
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If you live in any of these states, odds are you can go to nearly any restaurant with an outdoor patio and be legally allowed to bring your dog with you.
However, there are a series of rules and regulations both the restaurant and you as an owner need to follow in order for your dog to stay on the restaurant patio. Some examples are:
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Staff are not permitted to pet dogs in an outdoor area
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All dogs must enter the outdoor patio directly from an outdoor entrance
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No dogs are permitted in an indoor restaurant space
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Barriers must be present along the outdoor patio space to separate dogs from passersby
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Rules regarding dogs in an outdoor space must be posted for the public on the outdoor entrance
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Owners must maintain control of their dogs when in an outdoor restaurant space
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All dog bites must also be reported to the Health Department within 24 hours
These may vary by state, but for the most part, all 17 states will have some form of regulations in place to ensure the safety of restaurant staff and patrons as well as protecting the owner and their dog’s rights.
Restaurant Regulations on Dogs on Restaurant Patios
An important thing to know about this topic is that while your state might legally permit you to bring your dog to a restaurant patio, the restaurant itself is within its rights to refuse your dog in their patio space for any reason.
This could be something as simple as them not having a dog-friendly space or as difficult as them claiming your dog is not well-behaved enough to be there. Whatever the reason, they are allowed to refuse your dog entrance to their restaurant patio.
The restaurant is also allowed to create its own rules pertaining to your dog while it is on its property, such as keeping it leashed at all times to ensure you always have control and all restaurant parties are safe.
If you do not comply with their rules, the restaurant is within its rights to ask you to leave the premises. That being said, restaurants usually have very reasonable rules about allowing dogs on their patios that owners have no issues respecting and complying with.
Are There Exceptions to This?
Another source of confusion many dog owners have with the rules prohibiting dogs from entering restaurant patios is if this applies to all dogs.
If a state or restaurant does not legally permit dogs in their outdoor patio space, the only legal exceptions are service animals.
A specially trained and certified service dog is legally permitted to enter any public space, restaurants included, for the sake of its owner’s well-being. These dogs accompany and assist owners with a disability, which might be physical, sensory, psychiatric, intellectual, or mental, by performing trained tasks. These dogs and their rights should not be confused with Emotional Support Animals (ETA).
While service animals are legally allowed in a restaurant patio, even if the state’s laws or restaurant policies prohibit it, an ETA is not provided the same courtesy. The reason for this is that ETA are still legally considered pets, not service animals.
Final Thoughts
So, the next time you decide you want to take your dog to that nice restaurant down the street, check the list of states above to see if it’s legal where you live. If so, great! Odds are the restaurant will allow it but it never hurts to check their dog policies in advance.
It’s also important to take an objective look at your dog’s personality and ask yourself if they’re going to be comfortable and safe in this space, for everyone’s sake. If you have a service animal, remember you legally have the right to have your dog accompany you to any outdoor restaurant patio as long as they are certified.
Also read: Are Cats Allowed in Restaurants? The Facts Explained
Sources:
https://www1.nyc.gov/assets/doh/downloads/pdf/rii/dog-dining-factsheet.pdf
https://www.animallaw.info/article/faq-dogs-restaurants
https://www.akc.org/expert-advice/news/everything-about-emotional-support-animals/
https://www.akc.org/expert-advice/news/everything-about-emotional-support-animals/