Stonington — A recent incident in which one dog latched on to the head of another dog with its jaws and would not let go is being pointed to by opponents of the Town Dock dog park as a reason the park should not be allowed there.

The Aug. 13 incident comes as the borough Planning and Zoning Commission decides whether to approve a permit being sought by the town to erect a slightly less than 4-foot-tall fence in the park that would create a much smaller off-leash area than exists now and would provide a buffer for adjacent neighbors on Front Street.

The fence is among a list of improvements proposed by the town after some neighbors sued the town saying the park is illegal and poses a danger to the public.

Other neighbors have complained about incessant barking and shouting, feces strewn about and harassment by dog park users.

The commission held a lengthy public hearing on Tuesday in which some neighbors and their attorneys again opposed the park.

The commission continued the hearing to 6:30 p.m. Aug. 30 in Borough Hall, when it is expected to make a decision.

A photo of the Aug. 13 dog fight shows two worried pet owners trying to separate the dogs. Witnesses described the dogs as pit bull mixes.

Police, who received a 911 call about the fight and sent three officers to the scene and the animal control officer, said the dogs sustained minor injuries and their owners were not hurt.

Capt. Todd Olson said the two owners had attempted to avoid a problem by leashing one of the dogs but “unfortunately the scuffle happened.”

He added that police are not aware of a large number of similar incidents in the park.

But First Selectmen Rob Simmons said Thursday that if the town had been allowed to erect the fence and proceed with other improvements, the attack never would have occurred.

That’s because he said owners who want to use the park would have to register their dogs, and aggressive breeds such as pit bulls would be banned from using the off-leash area.

“People who have dogs understand that certain members of the canine community are built to fight and they shouldn’t be running around off leash,” Simmons said, adding that when he is walking his dogs and sees a pit bull, he crosses the street.

Simmons added that the town has been ready to proceed with improvements to the park in May but attorneys have “gummed up the works” and delayed them.

As for residents concerned about the liability of the town having a dog park, Simmons said state law places liability on dog owners for the actions of their pets and not the town.

In addition, he said, the town has insurance for the property.

A sign currently on the dog park requires dogs to be leashed, but late Thursday afternoon numerous dogs were running free there.

Once the fence is installed, Simmons said, dog owners would have to register their dogs with the town providing information such as breed, history of aggression and veterinary details.

Aggressive dogs would not be able to use the off-leash area.

Attorney Michael Bonnano, who represents Front Street homeowners Laura Ann Gabrysch and Frank Mastrapasqua, the couple who have sued the town over the park, said the Aug. 13 fight was “an all too common incident" at the park, which sits next to the neighbors’ backyards.

The new fenced area is designed to create a buffer between the dogs and homes.

“No dog park belongs at this location, let alone an illegal, unregulated and unmonitored open area where chaos reigns supreme,” Bonnano wrote in an email.

j.wojtas@theday.com