All dogs in the City of Port Jervis, New York, whether or not
tagged or licensed, shall be restrained by a leash while off the owner's
premises, and any dog not so restrained and found off the owner's
premises shall be seized by any peace officer, Animal Control Officer,
Dog Warden or designated representative of the Commissioner of Agriculture
and Markets and held, sold, redeemed or destroyed in accordance with
the provisions of the New York State Agriculture and Markets Law or
this article. In addition, any dog that is restrained by a leash or
other type of restraint while off the owner's premises and while in
a public area, or in a common area of a residential or commercial
property, or in the public right-of-way, must be attended and supervised
at all times by the owner of the dog or an agent of the owner, so
that such dog does not impede or affect the safe passage by or presence
of members of the public through, in or over such public area, common
area of a residential or commercial property or the public right-of-way.
No person shall permit his dog to run at large.
A "service dog" is any dog which has been or is being trained
to do work for the benefit of a person with a disability, provided
that the dog is or will be owned by that person, his or her parent,
guardian or legal representative. "Disability" is now the same definition
as used in the Executive Law as a physical, mental or medical impairment
resulting from anatomical, physiological, genetic or neurological
conditions which prevents the exercise of a normal bodily function
or is demonstrable by medically accepted clinical or laboratory techniques
or a record of such an impairment or a condition regarded by others
as such an impairment.
Detection dogs are also now exempt from license fees. This includes
dogs trained and used to detect controlled substances, explosives,
firearms, cadavers, or school or correctional facility contraband.
Search and rescue dogs are also still exempt under the working search
dog classification.
Effective January 1, 2003, any dog which is trained to aid the
emotional and physical health of patients in hospitals, nursing homes,
retirement homes and other settings and is actually used for such
purpose or any dog owned by a recognized training center located within
the state during the period such dog is being trained or bred for
such purpose is exempt from license fees. New York State recognizes
the following two institutes, Therapy Dog International, Inc., and
the Delta Society, as training centers.
[Added 8-12-2019 by L.L.
No. 7-2019]
A. Purpose. The purpose of this section is to establish and implement
policies and regulations for municipal dog parks approved by the City
of Port Jervis ("City"). This section applies to any City-owned and
-operated dog park/yard, or any portion of a multi-use park or area
of the City where an area is designated by the City as a dog park/yard
by fencing and signage.
B. Authority. This section is enacted pursuant to the provisions of
§ 122 of Article 7 of the Agriculture and Markets Law of
the State of New York.
C. Title. The title of this section shall be "Dog Parks/Yard."
D. Applicability. This section applies to municipal dog parks/yard,
and it does not supersede the obligations of dog owners or handlers
under either Chapter ___, Article ___, ___ of the City 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/yard, these other provisions of state
statute and City code, regarding animal behavior and dog owner responsibility,
are applicable to all users of dog parks/yard. 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.
E. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CITY CLERK
The City Clerk Treasurer of the City of Port Jervis.
DANGEROUS DOG
A dog that has been designated as a "dangerous dog" by a
court of competent jurisdiction pursuant to the provisions of 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 the City of Port Jervis property, that has been
designated by the City of Port Jervis 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 Port Jervis.
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 section 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/yard not included within the
fenced and secured off-leash area.
OWNER
The person in whose name any dog was last licensed as required
by any local law or the New York State Agriculture and Markets Law,
except that if any license is issued upon application of a minor,
the owner of record shall be deemed to be the parent or guardian of
such person. If it cannot be determined in whose name any dog was
last licensed, the owner of record shall be deemed to be the owner,
provided that if the owner is also a minor, the owner of record shall
be deemed to be the parent or guardian of such person.
PUPPY
A dog between birth and 12 months of age.
SHARED-USE OR MULTI-USE PARK
A park/yard that has an area that can include playground
equipment, an athletic playing field(s), or any other use that attracts
children, and which facility includes a designated dog park/yard.
STEWARD
Recreation Department assists in the development and maintenance
of the dog park as well as to assist in keeping the dog park clean
and safe.
F. Designation and regulation of dog parks.
(1)
The City Council may designate, establish and improve dog parks/yards
as recreational amenities. In so doing, the City Council shall segregate
and secure a separate area as an off-leash area for dogs and their
handlers, and the City Council may exercise that function either through
the establishment of property for exclusive use as a dog park/yard,
or by the segregation and setting aside of area for a dog park/yard
within lands devoted to other municipal uses, recreational or otherwise.
(2)
In establishing dog parks/yard for the exclusive use of dogs
and their handlers, the City shall consider the property's size,
location and frequency of use by members of the public; the primary,
actual or designed use of each parcel of land prior to the establishment
of a dog park/yard; and the character and proximity of neighboring
uses of land.
(3)
The Code Committee of the City Council shall order signs posted
that notify the public of the separation between off-leash or on-leash
areas for dogs.
(4)
Off-leash areas shall be securely and appropriately fenced to
avoid an unleashed dog's escaping the control of its handler
and exiting of the off-leash area.
(5)
The Code Committee of the Common Council may identify an appropriate
location for, and designate the same, as a separate, fenced and secured
section within a dog park/yard to accompany dogs that weigh 20 pounds
or less, but this is not an essential standard or goal.
(6)
The Code Committee of the Common Council may designate, if feasible
and if funds are available, a play and training section for the protection
of puppies that shall be segregated and secured from other areas of
a dog park, although this is not an essential standard or goal.
(7)
The City Council may adopt by resolution more specific rules
and regulations pertaining to the use of dog parks/yard. The failure
of the City Council to adopt regulations shall not render ineffective
the provisions of this section.
(8)
Activities within dog parks/yards 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 or other
recreational activities.
(9)
The maximum hours of usage of a dog park shall be dawn to dusk,
unless otherwise fixed by regulations adopted by City Council resolution.
G. Code Committee of the City Council.
(1)
The Code Committee of the City Council is authorized and directed
to:
(a)
Recommend the configuration(s) and rules of the dog park;
(b)
Define and communicate the responsibilities and schedules of
Recreation Department;
(c)
Plan and coordinate projects for the development and maintenance
of the dog park;
(d)
Plan and coordinate with the Recreation Department publicity
for the dog park;
(e)
Obtain the guidance of experts, including, among others, veterinarians,
dog trainers or behaviorists, to assist it in performance of its duties;
provided, however, that the Code Committee of the City Council shall
not be authorized to expend any funds without prior approval by the
City Council; and
(f)
Such other tasks and responsibilities as the City Council may
deem appropriate from time to time.
(2)
Approval of a majority of the fully Code Committee of the City
Council shall be required for said Committee to take any action.
H. Obligations of handler.
(1)
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 City property.
(2)
Handlers shall be responsible for removing any feces, vomit
or other waste material produced by their dogs and for depositing
such materials in an appropriate container.
(3)
Handlers shall keep their dogs on a leash no longer than six
feet in length when entering the dog park facility and before moving
the dogs into the off-leash area.
(4)
While dogs are in the off-leash area, handlers shall control
their dogs by sound or voice command.
(5)
Handlers shall closely supervise minor children who accompany
them to the dog park.
(6)
The City of Port Jervis, and its officers and employees and
recognized 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/yard. At the time of obtaining a dog park/yard
entry tag, persons who make use of, or register to use, dog park/yard
facilities of the City shall be required to sign a hold-harmless agreement,
waiver and release of liability in favor of the City for any injury
or harm. Failure to be presented, or to sign, a waiver and release
shall not in any way limit the City's, and its officers'
and employees' and recognized volunteers', exemption from
liability under this subsection.
(7)
The City Clerk's office shall have the right to deny any
person or dog access to any or all dog parks/yards of the City for
breach of the policies and regulations set forth in this section,
or of separate regulations adopted by resolution of the City Council.
Such denials may be appealed to the City Council.
(8)
The actual owner of any dog, and the handler, if different,
shall be jointly and severally liable for any injuries or damage caused
as a result of the use of any dog park.
I. Prohibition of alcohol, drug use or food.
(1)
Possession or consumption of alcohol or drugs is prohibited
in dog parks/yards 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/yard.
(2)
No food, including dog food or treats, shall be allowed in the
off-leash area of a dog park/yard.
J. Prohibition of noise-producing devices.
(1)
In order to promote the ability of each handler to keep a dog
under voice and sound control within the dog park/yard, the use of
any noise-producing devices, including radios, television sets, musical
instruments, boom boxes, or equipment driven by motors or engines,
is prohibited in every dog park/yard.
(2)
This subsection shall not prohibit the use of law enforcement
equipment, equipment for custodial maintenance, or mobility-enhancing
devices for disabled individuals.
K. Dog vaccinations.
(1)
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.
(2)
Required vaccinations shall include distemper virus, infectious
canine hepatitis, leptospirosis, and parvovirus, together with any
other vaccinations required by state or county law which are not included
among the aforesaid. Unless required by state or county law, it is
recommended but not required that dogs have current vaccinations for
parainfluenza and Bordetella.
L. Responsibilities of handlers; control of dogs.
(1)
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.
(2)
Handlers shall carry a leash no longer than six feet for each
dog in the handler's care in the off-leash area.
(3)
A handler shall not bring more than two dogs into the off-leash
area at any time.
(4)
To prevent injury, a handler shall remove pinch or choke collars
from a dog before entry into the off-leash area.
(5)
A handler shall not bring a puppy under the age of 16 weeks
into any dog park/yard.
(6)
Female dogs in estrus (commonly referred to as "in heat") shall
be prohibited from entering any portion of a dog park/yard, either
on-leash or off-leash areas.
(7)
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
dog within view and under verbal, sound or signal control at all times.
(8)
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.
(9)
All dogs shall have a valid dog license and dog park/yard entry
tags attached to them.
(10)
Handlers shall comply with all other dog park/yard rules which
may be adopted by the City and which shall be posted in a conspicuous
location at each dog park/yard.
(11)
Any dog that exhibits aggressive behavior within a dog park/yard
shall be immediately removed by its handler.
(12)
No persons are permitted to enter any off-leash area unless
accompanied by a dog.
M. Dog behavior.
(1)
Handlers shall insure that dogs demonstrate safe behavior and
social interaction at all times toward people and other dogs.
(2)
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 City park/yard.
(3)
Local or state regulations pertaining to dangerous dogs are
applicable to all dogs and handlers entering a dog park/yard. Those
state or local regulations are not suspended while a dog or handler
is within an off-leash area.
(4)
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/yard and may further issue written
notices of violation against any handler who fails to act in accordance
with this section and any additional rules and regulations governing
dog parks/yards adopted by the City. Upon issuance of a notice of
violation, the dog and, in the event that such notice is issued against
a handler, the handler shall be prohibited from entering any dog park/yard
unless and until final adjudication of the matter. In the event that
adjudication results in a declaration that the dog is a dangerous
dog, the dog shall not be permitted to return to any dog park/yard,
and the owner shall immediately relinquish the dog's entry tag
to the City Clerk. Causation of actual physical injury is not a prerequisite
to issuance of the notice. Any individual who enters a dog park/yard
following receipt of a notice of violation, but prior to final adjudication
of the same, shall be subject to prosecution for trespass under this
state's Penal Law, in addition to the enforcement provisions
of this section and all other applicable laws.
N. Dog park entry requirements; fees.
(1)
Each dog entering a dog park/yard shall have a current dog license
and tag issued pursuant to Article 7 of the state's Agriculture
and Market 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/yard or moving to or from the dog park/yard.
(2)
Each dog entering a dog park/yard shall wear an individual dog
park entry tag indicating that the annual dog park entry fee has been
paid to the City, provided that if the dog park/yard entry tag is
issued after January 31 of any year, the fee shall be prorated for
the remainder of the year. Payment of the annual dog park/yard entry
fee entitles the handler to a single, colorized dog park/yard entry
tag applicable to the dog for which it was issued. Entry tags shall
be issued on a calendar-year basis. The dog park/yard entry tag shall
be colored to denote the calendar year for which it is valid. There
shall be a one-month grace period (January) during which time a dog
may still have the dog park/yard entry tag for the previous calendar
year. The dog park/yard entry tag allows the authorized dog to enter
any City dog park/yard unless a handler or owner of the dog has been
issued a notice of violation relating to either that dog or the handler.
Applications for an initial dog park/yard entry tag shall be made
to the City Clerk or such other person as designated by the City Council
by resolution. Initial applications shall include photographs of both
side profiles of the animal's full body and a photograph of the
face of the dog facing forward. Applications shall be accompanied
by proof of the vaccinations required by this section. Applications
shall identify the breed, or mixed breeding, of each dog. Any misrepresentation
on the application for dog park/yard entry tags shall be a violation
of this section and may additionally expose the applicant to liability
for filing of a false instrument under this state's Penal Law.
(3)
A limited number of dog park/yard entry tags may be authorized
by the City in any given year. If the Code Committee of the Common
Council determines to set such a limit, it shall consider the number,
size and location of dog parks/yards within the City, as well as available
maintenance funds and such other factors it deems appropriate, when
determining the number of dog park entry tags to make available in
a given year.
(4)
Residents of other municipalities must pay a surcharge to be
entitled to entry to a dog park/yard owned and operated by the City
of Port Jervis.
(5)
The City Council may, by resolution, from time to time amend
dog park entry tag fees.
(6)
If the ownership of a dog for which a dog park/yard entry tag
has been issued changes, prior to bringing the dog to any City of
Port Jervis dog park/yard, the new owner shall complete an application,
provide a new dog picture, and pay a new dog park entry fee to the
City in order to transfer the dog park entry tag.
(7)
All fees shall be paid to the City of Port Jervis City Clerk
and shall be deposited in a separate fund for City of Port Jervis
park upgrades. No portion of any fee paid pursuant to this section
shall be refundable.
(8)
Fees charged in this subsection may be amended by resolution
of the City Council. The City Council may establish higher fees for
dog owners residing outside the City.
(9)
Dog park/yard entry tags shall not be available for any dog
that has been designated as a dangerous dog. The owner of a dog that
is deemed a dangerous dog after issuance of a dog park/yard entry
tag shall immediately relinquish said entry tag to the City Clerk
following such designation.
O. Violation of regulations; penalties for offenses.
(1)
Failure to comply with the provisions of this section shall
constitute a violation. Each and every separate violation of the provisions
of this section 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 section three times within 18 months shall be permanently prohibited
from using or entering any Port Jervis dog park and shall not be entitled
to obtain a dog park entry tag.
(2)
In addition to the authority granted §
215-7.1M(4) of this section, an enforcement officer shall be authorized to issue appearance tickets for any violation of this section.
(3)
An action or proceeding may be instituted in the name of the
City of Port Jervis, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of this section or any notice or order issued by an
enforcement officer pursuant to any provision of this section. No
action or proceeding described in this subsection shall be commenced
without the appropriate authorization from the City Council.
P. Prior written notification required. The City of Port Jervis, Orange
County, New York, 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 City Clerk
and there was a failure or neglect within a reasonable time after
the giving of such notice to repair or remove the defect.
Upon probable cause that any provision of this article has been
or is being violated, any law enforcement officer or the Animal Control
Officer of the City of Port Jervis is hereby authorized to issue an
appearance ticket, on a form prescribed by the Animal Control Officer,
directing the alleged violator to appear to answer such charge in
the Port Jervis City Court.