The purpose of this chapter is to establish regulations for
use of municipal dog parks, including a dog park established by the
Town of Rhinebeck at Oriole Mills Road located in the Town of Red
Hook.
This chapter is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law and the Municipal
Home Rule Law of the State of New York.
Unless otherwise defined in this Chapter
64, terms used in this chapter have the meanings given in Chapter
63, "Dogs."
DOG PARK
A fenced and enclosed area either existing independently,
or forming a part of a larger shared or multi-use park, that has been
designated for use as an off-leash dog area for the exclusive use
of dogs and their handlers.
ENFORCEMENT OFFICER
A police officer or peace officer with jurisdiction including
the area of the dog park, the Red Hook Dog Control Officer, the Rhinebeck
Dog Warden to the extent authorized pursuant to an intermunicipal
agreement, and any other dog warden, dog control officer, or animal
control office with jurisdiction including the area of the dog park.
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 chapter 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 a shared or multi-use park containing the
dog park but not included within the fenced and secured off-leash
area.
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.
[Amended 8-26-2020 by L.L. No. 1-2020]
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 Markets
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. Owners and handlers by making use of the dog park agree to hold the
Town of Red Hook and its officers and employees and recognized volunteers
harmless from any liability 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
The Town of Red Hook, Dutchess County, New York, 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 dangerous
or defective 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 dangerous or defective
condition, specifying nature of the defect and the particular place
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.