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.