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.