[Adopted 11-20-2007 by Ord. No. 125-2007]
The Cape May City Dog Park ("Dog Park") governed by this article
shall consist of a fence-enclosed area located at 705 Lafayette Street
(the "site"), subject to the license agreement between the site owner
and the City.
As used in this article, the following terms shall have the
meanings indicated:
Any person exercising control over a dog or permitting a
dog to enter the site or permitting a dog for which he or she is responsible
to remain on site. The owner of a dog is also its keeper.
A current park pass issued by the City which allows a keeper
to admit a dog into the Dog Park.
The person or entity selected by the City to act as manager,
administrator, operator and/or caretaker of the Dog Park, to ensure
compliance with this article and the license agreement with the site
owner, and to adopt and enforce reasonable regulations concerning
the use of the Dog Park by keepers, their dogs and others. The City
has designated Cape May Dog Friendly Association, a not-for-profit
unincorporated association, whose address is 619 Hughes Street, Cape
May, New Jersey 08204, to be the initial manager upon and after execution
of a memorandum of agreement, subject to its terms and conditions.
Jersey Central Power and Light Company and its heirs, successors
and assigns while they own the site.
A.
The Dog Park will be open for use in accordance with the manager's
regulations no more than from dawn until dusk, seven days per week.
B.
A dog keeper must apply for and obtain a Dog Park pass for each dog
before entering or allowing a dog to enter or use the Dog Park.
C.
Dogs with dog passes are the only animals that keepers may bring
to the Dog Park. However, keepers, manager representatives, City representatives
and site owner representatives and their guests may enter the Dog
Park for the purposes permitted by this article, other law, the regulations,
and the various agreements governing the site. No other persons shall
enter or use the Dog Park.
D.
Dogs within the Dog Park must wear collars with valid dog licenses.
No choke collars or prong collars are permitted.
E.
Dogs must be leashed at all times within the Dog Park except when
within designated free-run areas.
F.
Aggressive dogs are prohibited in the Dog Park. Dogs that become
aggressive or uncontrollable while within or near the Dog Park must
be immediately leashed and removed from the Dog Park and its surroundings.
G.
All dog keepers, including the owner, have and assume all liability
for damages to person or property caused by the dog for which they
are responsible at and about the Dog Park, including injury suffered
by anyone who is bitten or injured by their dog.
H.
Female dogs in heat are prohibited from entering the Dog Park.
I.
No unattended dogs are permitted in or about the Dog Park at any
time. Abandoning dogs is prohibited by law.
J.
No more than two dogs per keeper then present in the Dog Park are
permitted in the Dog Park at one time.
K.
Keepers must immediately report any dog bites to the Cape May City
Police Department.
L.
Each keeper is responsible for the safety and conduct of his or her
guests while within the Dog Park. Children under the age of 16 are
prohibited in the Dog Park unless they are accompanied by an adult
keeper.
M.
Keepers must clean up after themselves and their dogs.
N.
No smoking, alcohol, food or glass containers are permitted in the
Dog Park. All personal property, debris, garbage and other wastes
brought in or created by any keeper, guest, or dog shall be promptly
removed at the end of each visit to the site.
O.
Keepers must have their park pass visible at all times.
P.
Keepers, guests and dogs must comply with this article, other laws,
the terms and conditions of their Dog Park pass, the application for
same, the acceptance of risk and release of liability waiver form
and other agreements signed by or for them or applicable to them,
the manager's regulations either posted or given to them or available
at City or manager offices or websites. Either the dog owner or other
keeper must maintain the required insurance for each of its dogs using
the Dog Park.
A.
The park pass fee shall include the cost of application as well as
use of the Dog Park for the shorter of the then-remaining term of
the license of the site by the City from site owner or one year, which
shall run, no matter the time of the application or issuance of such
park pass, from January l to December 31.
B.
The annual park pass fee shall be $20 per dog. In addition, a weekly
Dog Park pass shall be available from Sunday through the following
Saturday of each week at a fee of $10 per dog.
The site owner shall have no liability, obligations or responsibility
for the Dog Park, the condition or use thereof, the presence or entrance
of any keeper, dog, guest or other person, the repair, maintenance
or replacement of the grounds or amenities, the actions or omissions
of the City or its representatives or the manager or its representatives,
except only to the limited extent expressly provided in the license
agreement between the City and site owner. The entrance into, and
use of, and application for and issuance of all Dog Park passes for,
the Dog Park by any and all persons and animals, including keepers,
guests and dogs, are expressly subject to the full waiver and release
of any and all claims, losses, damages and liability of and against
site owner, and its agents, servants and employees, now or hereafter
existing, known or unknown, with the sole exception being solely as
provided in the license agreement between the City and site owner
to the contrary.
