[HISTORY: Adopted by the Town Board of the Town of Red Hook 6-11-2013 by L.L. No. 5-2013. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
This chapter applies to dog parks, and it does not supersede the obligations of dog owners or handlers under either Chapter 63 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.
B.
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 chapter.
C.
The Town Board may designate by resolution any Town park or portion thereof as a dog park. The Town Board may enter into an intermunicipal agreement with the Town of Rhinebeck to permit the use of a dog park established by the Town of Rhinebeck by Town of Red Hook residents, and in such case the provisions of this chapter shall apply to such dog park.
Unless otherwise defined in this Chapter 64, terms used in this chapter have the meanings given in Chapter 63, "Dogs."
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.
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.
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.
The fenced, secured section of a dog park where the dog is allowed to exercise without a leash and under supervision of a handler.
Any portion of a shared or multi-use park containing the dog park but not included within the fenced and secured off-leash area.
A dog between birth and 12 months of age.
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.
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 park property. The owner of any dog, and the handler, if different, shall be jointly and severally liable for any injuries or damage caused by the dog or handler as a result of the use of any dog park.
B.
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. Handlers shall closely supervise minor children who accompany them to the dog park. No persons are permitted to enter any off-leash area unless accompanied by a dog.
C.
Handlers shall be responsible for removing any feces, vomit or other waste material produced by their dogs, and depositing such materials in an appropriate container.
D.
Handlers shall keep their dogs on a leash no longer than six feet in length when entering the shared-use or multi-use park and before moving the dogs into the off-leash area.
E.
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 the dog within view and under verbal, sound or signal control at all times.
F.
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.
G.
Handlers shall carry a leash no longer than six feet for each dog in the handler's care in the off-leash area. To prevent injury, a handler shall remove pinch or choke collars from a dog before entry to the off-leash area.
H.
A handler shall not bring more than two dogs into the off-leash area at any time. A handler shall not bring a puppy under the age of 16 weeks into any dog park. 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.
I.
Handlers shall comply with all other dog park rules which may be adopted by the Town of Rhinebeck and which shall be posted in a conspicuous location at each dog park. Persons or dogs who have been determined by the Town of Rhinebeck to be in violation of the regulations of the Town of Rhinebeck regarding use of the dog park may be denied access to the Town of Rhinebeck dog park in accordance with the Town of Rhinebeck's rules and regulations.
J.
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 radio, television sets, musical instruments, boom boxes, or equipment driven by motors or engines is prohibited in the dog park. This section shall not prohibit the use of law enforcement equipment, equipment for custodial maintenance, or the use of mobility-enhancing devices for disabled individuals.
K.
Any dog that exhibits aggressive behavior within a dog park shall be immediately removed by its handler.
A.
Dog park use. 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 within the dog park.
B.
Dog park hours. The maximum hours of usage of a dog park shall be dawn to dusk, unless otherwise fixed by regulations adopted by resolution of the applicable Town Board and posted at the dog park.
C.
Limitation on use. Use of the Rhinebeck dog park may be further limited by the Town of Rhinebeck pursuant to its duly adopted regulations.
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.
All dogs shall have valid dog license attached to the dog.
[Amended 8-26-2020 by L.L. No. 1-2020]
B.
Handlers shall insure that dogs demonstrate safe behavior and social interaction at all times toward people and other dogs.
C.
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 dog park and the shared-use or multi-use park.
D.
Local and state laws and regulations pertaining to dangerous dogs are applicable to all dogs and handlers entering a dog park. Those state or local laws and regulations are not suspended while a dog or handler is within an off-leash area.
E.
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 chapter 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 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 an adjudication results in a determination that the dog is a dangerous dog within the meaning of Article 7 of the Agriculture and Markets Law, the dog shall not be permitted to return to any dog park. Causation of actual physical injury is not a prerequisite to issuance of a notice of violation. Any individual who enters a dog park following receipt of a notice of violation, but prior to final adjudication of same, shall be subject to prosecution for trespass under this state's Penal Law, in addition to the enforcement provisions of this chapter and all other applicable laws.
[Amended 8-26-2020 by L.L. No. 1-2020]
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, parvo virus, together with any other vaccinations required by state or county law which are not included among the aforesaid.
[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
A.
Failure to comply with the provisions of this chapter shall constitute a violation. Each and every separate violation of the provisions of this chapter 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 chapter three times within 18 months shall be permanently prohibited from using or entering any dog park.
[Amended 8-26-2020 by L.L. No. 1-2020]
B.
In addition to the authority granted in § 64-8 of this chapter, an enforcement officer shall be authorized to issue appearance tickets for any violation of this chapter.
C.
An action or proceeding may be instituted in the name of the Town in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter or notice or order issued by an enforcement officer pursuant to any provision of this chapter. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
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.
