[HISTORY: Adopted by the Town Board of the Town of Rhinebeck as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 3.
Fees — See Ch. A126.
[Adopted 12-13-2010 by L.L. No. 4-2010[1]]
[1]
Editor's Note: This local law also repealed former Ch. 63, Dogs, consisting of Art. I, General Provisions, adopted 3-13-1995 by L.L. No. 1-1995, and Art. II, Adoption of Unredeemed Dogs, adopted 1-14-1980 by resolution, as amended.
The purpose of this article, shall be to preserve the public peace and good order in the Town of Rhinebeck and to contribute to the public welfare and good order of its people by enforcing certain regulations and restrictions on the licensing and activities of dogs harbored or residing within the Town and Village of Rhinebeck, that are consistent with the rights and privileges of other citizens of the Town of Rhinebeck.
As used in this article, the following terms shall have the meanings indicated:
DOG
Any member of the species Canis familiaris.
DOG WARDEN
A person, persons or agency duly appointed or designated by the Town Board of Rhinebeck and as also defined in New York State Agricultural and Markets Law § 113 for the purpose of enforcing this article and Article 7 of the New York Agriculture and Markets Law or any authorized officer, agent or employee of any incorporated humane society or similar incorporated dog protective association under contract with the Town of Rhinebeck.
CLERK
The Town Clerk of the Town of Rhinebeck.
HARBOR
To claim ownership or protective custody of a dog or to provide food or shelter to a dog during a period of at least one week.
HARBORER
A person who harbors a dog pursuant to this article.
OWNER
A person who keeps, harbors or has custody, care or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of parents, guardians, or other head of the household where the minor resides.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant to this article, except that if any license is issued upon application of a minor, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed, the owner of record shall be deemed to be the owner, provided that if the owner is also a minor, the owner of record shall be deemed to be the parent or guardian of such person.
RUN AT LARGE
To be unrestrained and out of the control of the owner or other responsible person, in a public place or on private land without the knowledge, consent and approval of the owner of such lands.
A. 
All dogs older than four months, owned or harbored in the Town and Village of Rhinebeck, must be licensed through the Town of Rhinebeck Town Clerk's office unless specifically exempted by this article or Article 7 of the New York State Agriculture and Markets Law.
B. 
All dog licenses shall be issued for a period of one year and will expire at the end of the month one year from the day of issue; provided, however, that no license shall be issued or renewed for a period expiring after the last day of the 11th month following the expiration date of the current rabies certification of such dog.
C. 
A permanent, official identification number on a tag will be issued by the Town and must be affixed to a collar on the dog at all times.
D. 
A dog owner applying for a new license shall, unless specific exception has been authorized by the Town Board, make such application in person at the Town Clerk's office.
E. 
License renewals may be made via regular mail, provided that the renewal is accompanied by a current rabies vaccination certificate or certification in lieu thereof pursuant to Subsection G below, and the appropriate fee for licensing said dog.
F. 
Prior to issuance of any license or renewal, the owner must complete an application or renewal form and provide all applicable information thereon.
G. 
Prior to issuance of any license or renewal, the owner must submit proof of current rabies vaccination or, in lieu thereof, a certified statement from a licensed veterinarian that because of old age or another reason, the life of the dog would be endangered by the administration of vaccine. If an applicant for a license presents, in lieu of rabies certificate, a statement certified by a licensed veterinarian, such statement must be renewed annually unless a rabies certificate is supplied with a subsequent license renewal application.
H. 
In the case of a spayed or neutered dog, the owner must provide a certificate, signed by a licensed veterinarian, or an affidavit signed by the owner, evidencing that the dog has been spayed or neutered. Such certificate shall not be required if same is already on file with the Town Clerk or authorized dog control officer. In lieu of a certificate of spay/neuter, the owner may submit a statement, certified by a licensed veterinarian stating that, following examination of the dog, the veterinarian finds that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the fee for such dog shall be the same as the fee for a spayed/neutered dog as set forth in § 63-4A herein.
I. 
The Town Clerk is the only authorized dog licensing authority in the Town and Village of Rhinebeck. No licenses shall be issued by a dog control officer, shelter or any other entity, on behalf of the Town or Village of Rhinebeck.
J. 
Dog licenses issued by another agency, municipality or shelter will not be recognized by the Town of Rhinebeck. The Town does not credit unexpired terms of licenses issued by another municipality, nor does it refund licensing fees for any reason.
K. 
The Town of Rhinebeck does not issue purebred or kennel licenses.
L. 
Dog licenses are not transferrable. Upon transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.
A. 
Prior to issuance of a license for any dog, the owner must pay a license fee. Dog license fees shall be set from time to time by resolution of the Town Board. License fees, together with any New York State surcharges shall be collected by the Town Clerk prior to issuance of any license. License fees for neutered/spayed dogs shall at all times be at least $5 less than license fees for unneutered/unspayed dogs.
B. 
In addition to the license fees established by the Town Board, the Town Clerk shall also collect an additional surcharge pursuant to Article 7 of the New York State Agriculture and Markets Law in the amount of $1 for each spayed/neutered dog and $3 for each unspayed/unneutered dog for the purposes of carrying out animal population control efforts.
C. 
All license fees shall be used to administer and enforce this article and the provisions of Article 7 of the New York State Agriculture and Markets Law.
D. 
When, if ever, the Town Board determines the need for a dog enumeration, a fee of $15 shall be assessed against all dogs found unlicensed or unrenewed at the time the enumeration is conducted.
E. 
Replacement identification tags may be obtained upon payment of an additional fee, which may be set by the Town Board from time to time.
It shall be a violation, punishable as set forth in § 63-9 hereof, for any owner of, or person harboring, any dog in the Town to permit or allow such dog to:
A. 
Run at large as defined herein.
B. 
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner as to unreasonably annoy, disturb the peace, or interfere with the comfort and repose of any person other than the owner of persons harboring such dog.
C. 
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or persons harboring such dog.
D. 
Chase, jump on, bark at, bite or otherwise harass any person or animal in such a manner as to cause actual harm or reasonably cause intimidation, or to put such person in reasonable apprehension of bodily harm or injury except:
(1) 
A person trespassing upon the property of such owner or harborer;
(2) 
A person attacking or molesting the person of the owner or harborer;
(3) 
A person who provokes a dog by teasing, torturing, cruelly beating, injuring, maiming or mutilating said dog, its offspring or its owner or harborer.
E. 
Chase, run alongside of, or bark at motor vehicles, motorcycles, bicycles or pedestrians while said dog is on a public street, highway or place, or upon private property without the consent or approval of the owner of such property.
F. 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property without the consent or approval of the property owner.
G. 
Create a nuisance by defecating, urinating or digging on public property, or on private property without the consent or approval of the owner of such property.
H. 
If a female, run at large while in heat.
I. 
Kill, injure or harass domestic animals, companion animals or farm animals without the consent of the owner thereof.
J. 
Run, injure or kill deer.
K. 
Be without a license and wearing a tag as required by § 109 of the Agriculture and Markets Law of the State of New York and § 63-3C hereof.
L. 
Defecate on public roads, sidewalks, parks or any other public space without immediately removing the fecal matter.
A. 
Any person who observes a dog committing an act prohibited by § 63-5 of this article may file a written or verbal complaint with the Dog Warden or any police officer specifying the conduct of the dog, the dates thereof, any damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring the dog. If observed by someone other than the Dog Warden or police officer receiving the complaint, the Dog Warden or police officer shall investigate the complaint and determine whether it should be dismissed or whether some enforcement action is appropriate. If the Dog Warden is unable to remedy a valid complaint, and the complainant signs a supporting deposition, the Dog Warden may issue an appearance ticket to the owner of, or person harboring, the dog. The complaint shall specify the objectionable conduct of the dog; the date thereof; the damage caused, if any; a description of the dog; and the name and address of the owner or harborer of the dog, if known. Such complaint may serve as the basis for enforcing the provisions of this article. If the Dog Warden fails to act, or acts in a manner not satisfactory to the complainant, the complainant may pursue a proceeding against the owner or harborer in court.
B. 
The Dog Warden observing a violation of this article in his presence shall issue an appearance ticket for such violation.
C. 
If the Dog Warden is unable to determine the ownership or custody of the dog against which the complaint is made, the Dog Warden shall seize the dog and deliver it to the agency so designated by the Town Board of the Town of Rhinebeck for keeping and custody pursuant to this article.
A. 
The Dog Warden may seize:
(1) 
All dogs running at large or reported as creating a nuisance may be seized by the Dog Warden who shall make every reasonable effort to determine ownership.
(2) 
Any dog which is not identified and which is not on the owner's premises.
(3) 
Any dog which is not licensed, on or off the owner's premises.
(4) 
Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is a probable cause that the dog is dangerous as defined by § 123 of the New York State Agriculture and Markets Law.
(5) 
Any dog found to be in violation of § 63-5.
B. 
Any seized dog shall be properly fed and cared for until disposed of as provided by law.
C. 
Upon seizure, the Dog Warden shall issue and serve an appearance ticket in the form prescribed by law before a Town of Rhinebeck Town Justice, to the owner or harborer of the dog, if same is known.
D. 
Upon seizure, the Dog Warden shall deliver or arrange for delivery of the dog to a facility designated by the Town Board for the purpose of receiving, caring for and holding dogs pursuant to this article.
A. 
Any dog impounded under the provisions of this article shall be confined in accordance with the provisions of the Agriculture and Markets Law of the State of New York and may be redeemed by the owner or haborer thereof within the five days from the day seized, or within such other time periods imposed by the Agriculture and Markets Law:
(1) 
Upon proof that the dog is licensed and identified as required; and
(2) 
Proof of rabies certification or exemption therefrom; and
(3) 
Upon payment to the Town or its designated agent of an administration fee of $25 for the first impoundment; $50 for the second impoundment within one year; and $75 for the third and each subsequent impoundment within one year.
B. 
In addition to the administrative fee, the owner or harborer shall also pay $3 for each additional twenty-four-hour period following the first 24 hours of impoundment in each and every instance, plus the cost of keeping, feeding and caring for the dog while in the custody of the dog control officer or pound.
C. 
Any dog not so redeemed shall, at the discretion of the agency designated by the Town Board to received and hold impounded dogs pursuant to this article, be sold at public or private auction, destroyed or be eligible for adoption following expiration of the redemption periods herein.
A. 
In addition to the provisions of § 63-5 above, it shall be a violation, punishable as set forth herein for:
(1) 
Any owner to fail to license any dog;
(2) 
Any owner to fail to have any dog identified as required by § 63-3 or Article 7 of the Agriculture and Markets Law of the State of New York.
(3) 
Any person to knowingly affix to any dog any false or improper identification tags, special identification tag for identifying guide, hearing or service dogs or purebred license tag.
(4) 
Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article or Article 7 of the New York State Agriculture and Markets Law.
(5) 
Any person to furnish any false or misleading information on any form required to be filed with the Town of Rhinebeck.
(6) 
The owner or custodian of any dog to fail to exercise due diligence of handling his or her dog, if the handling results in harm to another dog that is a, guide, hearing or service dog.
(7) 
Any owner of a dog to fail to notify the Town of Rhinebeck of any change of ownership or address as required by Article 7 of the New York State Agriculture and Markets Law.
(8) 
Any person to violate any other provision of this Chapter 63 of the Code of the Rhinebeck.
B. 
It shall be the duty of the Dog Warden for the Town to bring an action against any person who has committed within the Town any violation of this article or of the provisions of Article 7 of the Agriculture and Markets Law of the State of New York. The Dog Warden may elect either to prosecute such action as a violation under the Penal Law or to commence an action to recover a civil penalty.
C. 
A violation of this § 63-9 and/or of § 63-5K shall be punishable, subject to such an election, either:
(1) 
Where prosecuted pursuant to the Penal Law, by a fine of not less than $25, except that:
(a) 
Where the person was found to have violated this section or former Chapter 63 of the Code within the preceding five years, the fine may be not less than $50; and
(b) 
Where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not less than $100 or imprisonment for not more than 15 days or both; or
(2) 
Where prosecuted as an action to recover a civil penalty, by a civil penalty of not less than $25, except that:
(a) 
When the person was found to have violated this section or § 63-5K or former Chapter 63 of the Code within the preceding five years, the civil penalty may not be less than $50; and
(b) 
Where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not less than $100.
D. 
Violations of the provisions of § 63-5A to J and L above shall be punishable by a fine not exceeding $100 for the first offense, $150 for the second offense and $250 for each offense thereafter or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment.
Enforcement proceedings against dangerous dogs shall be governed by the provisions of Article 7 of the Agriculture and Markets Law.
[Adopted 9-24-2012 by L.L. No. 4-2012]
The purpose of this article is to establish and implement policies and regulations for municipal dog parks approved by the Town of Rhinebeck ("Town"). This article applies to any Town-owned and -operated dog park, or any portion of a multi-use park of the Town where an area is designated by the Town as a dog park by fencing and signage.
This article is enacted pursuant to the provisions of § 122 of Article 7 of the Agriculture and Markets Law of the State of New York.
The title of this article shall be "Dog Parks."
This article applies to municipal dog parks, and it does not supersede the obligations of dog owners or handlers under either Chapter 63, Article I, 9 of the Town Code or under Article 7 of this state's Agriculture and Markets Law. With the exception of the fact that dogs are allowed to be off leash within the fenced area of a dog park, these other provisions of state statute and Town code, regarding animal behavior and dog owner responsibility, are applicable to all users of dog parks. The behavior of a dog as a dangerous dog within the meaning of Article 7 of the Agriculture and Markets Law, and the enforcement and remedies pertaining thereto, shall be equally applicable to behavior of unleashed or leashed dogs within a dog park.
A. 
As used in this article, the following terms shall have the meanings indicated:
ADULT DOG
A dog over 12 months of age.
DANGEROUS DOG
A dog that has been designated as a "dangerous dog" by a court of competent jurisdiction pursuant to the provisions of Article 7 of the New York Agriculture and Markets Law.
DOG
Any member of the species canis familiaris.
DOG PARK
A fenced and enclosed area, either existing independently or forming a part of a Rhinebeck Town park, that has been designated by the Town of Rhinebeck for use as an off-leash dog area for the exclusive use of dogs and their handlers.
ENFORCEMENT OFFICER
A police officer or animal control officer authorized to administer the laws of the Town of Rhinebeck.
HANDLER
The person who accompanies a dog for the purpose of its supervision. This may, but does not have to be, the owner of said dog. Any liability of the handler under this article shall not be forgiven or excused because the handler did not, in reality, possess the consent of the dog's owner.
OFF-LEASH AREA
The fenced, secured section of a dog park where the dog is allowed to exercise without a leash and under supervision of a handler.
ON-LEASH AREA
Any portion of the dog park not included within the fenced and secured off-leash area.
OWNER
The person in whose name any dog was last licensed as required by any local law or the New York State Agriculture and Markets Law, except that if any license is issued upon application of a minor, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed, the owner of record shall be deemed to be the owner, provided that if the owner is also a minor, the owner of record shall be deemed to be the parent or guardian of such person.
PUPPY
A dog between birth and 12 months of age.
SHARED-USE OR MULTI-USE PARK
A park that has playground equipment, an athletic playing field(s), or any other use that attracts children, and which facility includes a designated dog park.
STEERING COMMITTEE
A group of three volunteers from the Town of Rhinebeck and, if the dog park is located on Town property on Old Stone Church Road, three volunteers from the Town of Red Hook.
STEWARD
A recognized dog park volunteer who is a resident of the Town of Rhinebeck or the Town of Red Hook. The purpose of a steward is to assist in the development and maintenance of the dog park as well as to assist in keeping the dog park clean and safe.
A. 
The Town Board may designate, establish and improve dog parks as recreational amenities. In so doing, the Town Board shall segregate and secure a separate area as an off-leash area for dogs and their handlers, and the Town Board may exercise that function either through the establishment of property for exclusive use as a dog park, or by the segregation and setting aside of area for a dog park within lands devoted to other municipal uses, recreational or otherwise.
B. 
In establishing dog parks for the exclusive use of dogs and their handlers, the Town Board shall consider the property's size, location and frequency of use by members of the public; the primary, actual or designed use of each parcel of land prior to the establishment of a dog park; and the character and proximity of neighboring uses of land.
C. 
The Steering Committee shall post signs that notify the public of the separation between off-leash or on-leash areas for dogs.
D. 
Off-leash areas shall be securely and appropriately fenced to avoid an unleashed dog's escaping the control of its handler and exiting of the off-leash area.
E. 
The Steering Committee may identify an appropriate location for, and designate the same, as a separate, fenced and secured section within a dog park to accompany dogs that weigh 20 pounds or less, but this is not an essential standard or goal.
F. 
The Steering Committee may designate, if feasible and if funds are available, a play and training section for the protection of puppies that shall be segregated and secured from other areas of a dog park, although this is not an essential standard or goal.
G. 
The Town Board may adopt by resolution more specific rules and regulations pertaining to the use of dog parks. The failure of the Town Board to adopt regulations shall not render ineffective the provisions of this article.
H. 
Activities within dog parks shall be limited to exercise of dogs accompanied by handlers and others, and there shall be no other allowable recreational activities, such as ball playing or other recreational activities.
I. 
The maximum hours of usage of a dog park shall be dawn to dusk, unless otherwise fixed by regulations adopted by Town Board resolution.
The Town of Rhinebeck and the Town of Red Hook may enter into an intermunicipal cooperation agreement for the purposes of governing the funding, oversight, operation and management of a dog park on property of the Town of Rhinebeck on Old Stone Church Road.
A. 
The Town may create a Steering Committee to oversee the establishment and operation of dog parks. The Steering Committee is authorized and directed to:
(1) 
Recommend the configuration(s) and rules of the dog park;
(2) 
Define and communicate the responsibilities and schedules of stewards;
(3) 
Plan and coordinate projects and work parties for the development and maintenance of the dog park;
(4) 
Plan and coordinate fund-raising activities for the improvement of the dog park;
(5) 
Plan and coordinate publicity for the dog park;
(6) 
Make budget recommendations to the Town Board;
(7) 
Obtain the guidance of experts, including, among others, veterinarians, dog trainers or behaviorists, to assist it in performance of its duties; provided, however, that the Steering Committee shall not be authorized to expend any funds without prior approval by the Town Board; and
(8) 
Such other tasks and responsibilities as the Town Board may deem appropriate from time to time.
B. 
Members of the Steering Committee shall be appointed for one year by the Town Board. All Steering Committee meetings are to be open to the public.
C. 
Approval of a majority of the fully constituted Steering Committee shall be required for said Committee to take any action.
A. 
Handlers shall be responsible for all actions and behavior of their dogs and shall be responsible and liable for all injuries or damage caused by their dogs while on Town property.
B. 
Handlers shall be responsible for removing any feces, vomit or other waste material produced by their dogs and for depositing such materials in an appropriate container.
C. 
Handlers shall keep their dogs on a leash no longer than six feet in length when entering the dog park facility and before moving the dogs into the off-leash area.
D. 
While dogs are in the off-leash area, handlers shall control their dogs by sound or voice command.
E. 
Handlers shall closely supervise minor children who accompany them to the dog park.
F. 
The Town of Rhinebeck, and its officers and employees and recognized volunteers, shall not be liable for any injury or harm to any person or dog incurred or caused by any person or dog in connection with use of any dog park. At the time of obtaining a dog park entry tag, persons who make use of, or register to use, dog park facilities of the Town shall be required to sign a hold-harmless agreement, waiver and release of liability in favor of the Town for any injury or harm. Failure to be presented, or to sign, a waiver and release shall not in any way limit the Town's, and its officers' and employees' and recognized volunteers', exemption from liability under this subsection.
G. 
The Steering Committee shall have the right to deny any person or dog access to any or all dog parks of the Town for breach of the policies and regulations set forth in this article, or of separate regulations adopted by resolution of the Town Board. Such denials may be appealed to the Town Board.
H. 
The actual owner of any dog, and the handler, if different, shall be jointly and severally liable for any injuries or damage caused as a result of the use of any dog park.
A. 
Possession or consumption of alcohol or drugs is prohibited in dog parks at all times. All handlers shall be free from the influence of alcohol or drugs while escorting, transiting, training or accompanying a dog in a dog park.
B. 
No food, including dog food or treats, shall be allowed in the off-leash area of a dog park.
A. 
In order to promote the ability of each handler to keep a dog under voice and sound control within the dog park, the use of any noise-producing devices, including radios, television sets, musical instruments, boom boxes, or equipment driven by motors or engines, is prohibited in every dog park.
B. 
This section shall not prohibit the use of law enforcement equipment, equipment for custodial maintenance, or mobility-enhancing devices for disabled individuals.
A. 
Before entering a dog park, each dog shall have current vaccinations required by law, and each handler shall be prepared to provide documentation to enforcement officers of the current vaccinations upon request. Suitable documentation shall consist of veterinary records, vaccine certificates and/or receipts identifying vaccinations issued by a licensed veterinarian. Dogs shall be free of internal parasites upon entering a dog park. Dogs shall have been treated within the preceding 30 days of the first entry for control of fleas, ticks or other external parasites.
B. 
Required vaccinations shall include distemper virus, infectious canine hepatitis, leptospirosis, and parvovirus, together with any other vaccinations required by state or county law which are not included among the aforesaid. Unless required by state or county law, it is recommended but not required that dogs have current vaccinations for parainfluenza and Bordetella.
A. 
Any dog transited to or from the handler's vehicle, or outside of a designated off-leash area, shall be on a leash no longer than six feet.
B. 
Handlers shall carry a leash no longer than six feet for each dog in the handler's care in the off-leash area.
C. 
A handler shall not bring more than two dogs into the off-leash area at any time.
D. 
To prevent injury, a handler shall remove pinch or choke collars from a dog before entry into the off-leash area.
E. 
A handler shall not bring a puppy under the age of 16 weeks into any dog park.
F. 
Female dogs in estrus (commonly referred to as "in heat") shall be prohibited from entering any portion of a dog park, either on-leash or off-leash areas.
G. 
When the handler's dog is in the off-leash area, the handler shall remain within the off-leash area, and the handler shall keep dog within view and under verbal, sound or signal control at all times.
H. 
Each handler in the off-leash area shall be at least 18 years of age. Minor children entering the off-leash area must be accompanied by a responsible adult. Children six years of age and under are not allowed in the off-leash area.
I. 
All dogs shall have a valid dog license and dog park entry tags attached to them.
J. 
Handlers shall comply with all other dog park rules which may be adopted by the Town and which shall be posted in a conspicuous location at each dog park.
K. 
Any dog that exhibits aggressive behavior within a dog park shall be immediately removed by its handler.
L. 
No persons are permitted to enter any off-leash area unless accompanied by a dog.
A. 
Handlers shall insure that dogs demonstrate safe behavior and social interaction at all times toward people and other dogs.
B. 
Dogs displaying aggressive behavior of any kind shall be immediately leashed and removed from the off-leash area, after which they shall immediately leave the Town park.
C. 
Local or state regulations pertaining to dangerous dogs are applicable to all dogs and handlers entering a dog park. Those state or local regulations are not suspended while a dog or handler is within an off-leash area.
D. 
Any enforcement officer may issue a written notice of violation against the handler of a dog that exhibits aggressive, dangerous or vicious behavior within a dog park and may further issue written notices of violation against any handler who fails to act in accordance with this article and any additional rules and regulations governing dog parks adopted by the Town. Upon issuance of a notice of violation, the dog and, in the event that such notice is issued against a handler, the handler shall be prohibited from entering any dog park unless and until final adjudication of the matter. In the event that adjudication results in a declaration that the dog is a dangerous dog, the dog shall not be permitted to return to any dog park, and the owner shall immediately relinquish the dog's entry tag to the Town Clerk. Causation of actual physical injury is not a prerequisite to issuance of the notice. Any individual who enters a dog park following receipt of a notice of violation, but prior to final adjudication of the same, shall be subject to prosecution for trespass under this state's Penal Law, in addition to the enforcement provisions of this article and all other applicable laws.
A. 
Each dog entering a dog park shall have a current dog license and tag issued pursuant to Article 7 of the state's Agriculture and Market Law. The dog license tag shall be attached to the dog's collar, and such collar shall remain on the dog at all times while in the dog park or moving to or from the dog park.
B. 
Each dog entering a dog park shall wear an individual dog park entry tag indicating that the annual dog park entry fee has been paid to the Town, provided that if the dog park entry tag is issued after January 31 of any year, the fee shall be prorated for the remainder of the year. Payment of the annual dog park entry fee entitles the handler to a single, colorized dog park entry tag applicable to the dog for which it was issued. Entry tags shall be issued on a calendar-year basis. The dog park entry tag shall be colored to denote the calendar year for which it is valid. There shall be a one-month grace period (January) during which time a dog may still have the dog park entry tag for the previous calendar year. The dog park entry tag allows the authorized dog to enter any Town dog park unless a handler or owner of the dog has been issued a notice of violation relating to either that dog or the handler. Applications for an initial dog park entry tag shall be made to the Town Clerk or such other person as designated by the Town Board by resolution. Initial applications shall include photographs of both side profiles of the animal's full body and a photograph of the face of the dog facing forward. Applications shall be accompanied by proof of the vaccinations required by this article. Applications shall identify the breed, or mixed breeding, of each dog. Any misrepresentation on the application for dog park entry tags shall be a violation of this article and may additionally expose the applicant to liability for filing of a false instrument under this state's Penal Law.
C. 
A limited number of dog park entry tags may be authorized by the Town in any given year. If the Steering Committee determines to set such a limit, it shall consider the number, size and location of dog parks within the Town, as well as available maintenance funds and such other factors it deems appropriate, when determining the number of dog park entry tags to make available in a given year.
D. 
Residents of municipalities other than those listed above shall not be entitled to entry to a dog park, based on the resource limitations of the Town with respect to such facilities.
E. 
The Town Board may, by resolution, from time to time amend dog park entry tag fees.
F. 
If the ownership of a dog for which a dog park entry tag has been issued changes, prior to bringing the dog to any Rhinebeck dog park, the new owner shall complete an application, provide a new dog picture, and pay a new dog park entry fee to the Town in order to transfer the dog park entry tag.
G. 
All fees shall be paid to the Town of Rhinebeck Town Clerk and shall be deposited in the general fund of the Town of Rhinebeck. No portion of any fee paid pursuant to this article shall be refundable.
H. 
Fees charged in this subsection may be amended by resolution of the Town Board. The Town Board may establish higher fees for dog owners residing outside the Town.
I. 
Dog park entry tags shall not be available for any dog that has been designated as a dangerous dog. The owner of a dog that is deemed a dangerous dog after issuance of a dog park entry tag shall immediately relinquish said entry tag to the Town Clerk following such designation.
A. 
Failure to comply with the provisions of this article shall constitute a violation. Each and every separate violation of the provisions of this article is a violation and, upon conviction, shall be punished by a fine not to exceed $500 or imprisonment not to exceed 15 days for a first offense. Maximum fines shall be $750 or imprisonment not to exceed 30 days for a second offense and $1,500 or imprisonment not to exceed 30 days for a third or greater offense occurring, in all events, within 18 months. In addition, and notwithstanding the foregoing, any dog, owner or handler that is found to have violated this article three times within 18 months shall be permanently prohibited from using or entering any Rhinebeck dog park and shall not be entitled to obtain a dog park entry tag.
B. 
In addition to the authority granted § 63-24D of this article, an enforcement officer shall be authorized to issue appearance tickets for any violation of this article.
C. 
An action or proceeding may be instituted in the name of the Town of Rhinebeck, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this article or any notice or order issued by an enforcement officer pursuant to any provision of this article. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
The Town of Rhinebeck, Dutchess County, New York, and its officers, employees, volunteers and representatives, shall not be liable for, nor shall any civil action be maintained against any of them for, damages or injuries to person or property sustained by reason of any defect in the condition, maintenance or repair of any physical structure or condition at any dog park, including, without limitation, fencing, locks, ground surface, lighting, insect and animal nests, and sitting areas, unless prior written notice of such defective condition specifying the nature of the defect and the particular place it was found was actually given to the Town Clerk and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect.