The purpose of this article is to establish and implement policies
and regulations for municipal dog parks approved by the City of Watervliet
("City"). This article applies to any City-owned and -operated dog
park, or any portion of a multiuse park of the City where an area
is designated by the City 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
108 of the Code of the City of Watervliet ("City Code") or under Article 7 of the New York State 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 City 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 Chapter
108 of the City Code or 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.
As used in this article, the following terms shall have the
meanings indicated:
DANGEROUS DOG
A dog that has been designated as a "dangerous dog" by a court of competent jurisdiction pursuant to the provisions of Chapter
108 of the City Code or 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 City park, that has been designated by the
City of Watervliet 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 City of Watervliet or State of New York.
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 Chapter
108 of the City Code or the New York State Agriculture and Markets Law.
PUPPY
A dog between birth and 12 months of age.
SHARED-USE OR MULTIUSE 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.
STEWARD
A recognized dog park volunteer who is a resident of the
City of Watervliet. 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.
There shall be a separate, fenced-in area for exclusive use
as a dog park in Clinton Park and known as Clinton Dog Park.
[Amended 10-20-2022 by L.L. No. 5-2022]
The City Council hereby establishes the following rules and
regulations for use for any City-owned and/or -operated dog park,
or any portion of a multi-use park of the City where an area is designated
by the City as a dog park by fencing and signage, which shall be posted
at any City-owned and/or -operated dog park, or any portion of a multi-use
park of the City where an area is designated by the City as a dog
park by fencing and signage:
A. Handlers are responsible for all actions and behaviors of their dogs
and shall be responsible and liable for all injuries or damage caused
by their dogs while on City property.
B. Handlers are limited to no more than two dogs per visit.
C. Dog feces, vomit or other waste must be cleaned immediately.
D. Handlers must keep their dogs on a leash no longer than six feet
in length when entering the dog park and before moving the dogs into
the off-leash area.
E. Handlers must carry their leash with them at all times.
F. Handlers must be within the dog park and supervising their dogs at
all times. Handlers must keep their dog(s) within view and under verbal,
sound or signal control at all times. Unattended dogs will be immediately
removed.
G. All dog handlers must be 18 years of age or older.
H. Children seven to 17 years old must be accompanied by an adult and
have adult supervision.
I. Children six years of age and under are not allowed in the off-leash
area.
J. All dogs must have a valid dog license and dog park entry tags attached
to them and displayed at all times.
K. All dogs must have current rabies vaccinations.
L. Any dog that exhibits aggressive behavior within a dog park shall
be immediately removed by its handler.
M. No persons are permitted to enter an off-leash area unless accompanied
by a dog.
N. Handlers must fill in any holes dug by their dog(s).
O. Human or dog food, glass containers, dogs in heat, sick dogs, aggressive
or muzzled dogs, dogs under four months old, spike, chain, prong,
pinch, choke or electronic collars, possession or consumption of alcohol
or drugs, and any noise-producing devices are prohibited.
P. Animals other than dogs are not allowed.
Q. Bicycles, skateboards, rollerblades, scooters or any motorized vehicles
are prohibited.
R. Handlers must wear shoes at all times.
S. The City of Watervliet, its officers, employees and 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.
All moneys collected as fines or penalties by the City of Watervliet
as a result of any prosecution for violations of this article shall
be the property of the City of Watervliet and shall be paid to the
Clerk of the Watervliet City Court.
The City of Watervliet 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 General Manager and there was a failure or neglect within a
reasonable time after the giving of such notice to repair or remove
the defect.
If any section of this article or the application thereof to
any person, circumstance or property shall be adjudged invalid by
a court of competent jurisdiction, such order or judgment shall be
confined in its operation to the controversy in which it was rendered
and shall not affect or invalidate the remainder of any provision
of any section or the application of any part thereof to any other
person, circumstance or property, and to this end the provisions of
each section of this are declared to be severable.