[Adopted 4-2-2020 by Ord. No. 2025]
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:
A dog over 12 months of age.
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.
Any member of the species canis familiaris.
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.
A group of three volunteers from the City of Watervliet.
A police officer or animal control officer authorized to
administer the laws of the City of Watervliet or State of New York.
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.
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 the dog park not included within the fenced
and secured off-leash area.
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.
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 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.
A.
The Council
of the City of Watervliet ("City Council") may designate, establish
and improve dog parks 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, or by the segregation and setting aside of area
for a dog park within lands devoted to other municipal uses, recreational
or otherwise.
B.
In establishing
dog parks for the exclusive use of dogs and their handlers, the City
Council 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; and
the character and proximity of neighboring uses of land.
C.
The General
Manager or his/her designee shall post signs that notify the public
of the separation between off-leash or on-leash areas for dogs.
D.
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.
E.
The General
Manager may identify an appropriate location for, and designate the
same, as a separate, fenced and secured section within a dog park
to accompany dogs that weigh 20 pounds or less, but this is not an
essential standard or goal.
F.
The General
Manager 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.
G.
The City
Council may adopt by resolution more specific rules and regulations
pertaining to the use of dog parks. The failure of the City Council
to adopt regulations shall not render ineffective the provisions of
this article.
H.
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 or other recreational activities.
I.
The maximum
hours of usage of a dog park shall from 7:00 a.m. to 7:00 p.m., unless
otherwise fixed by regulations adopted by City Council resolution.
There shall be a separate, fenced-in area for exclusive use
as a dog park in Clinton Park and known as Clinton Dog Park.
A.
The Council
of the City of Watervliet may create a Dog Park Committee to oversee
the establishment and operation of dog parks. The Dog Park Committee
is authorized and directed to:
(1)
Recommend
the configuration(s) and rules of the dog park;
(2)
Define
and communicate the responsibilities and schedules of stewards;
(3)
Plan
and coordinate projects and work parties for the development and maintenance
of the dog park;
(4)
Plan
and coordinate fund-raising activities for the improvement of the
dog park;
(5)
Plan
and coordinate publicity for the dog park;
(6)
Make
budget recommendations to the City Council;
(7)
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 Dog Park Committee shall not be authorized
to expend any funds without prior approval by the City Council; and
(8)
Such
other tasks and responsibilities as the City Council may deem appropriate
from time to time.
B.
Members
of the Dog Park Committee shall be appointed for one year by the City
Council. All Dog Park Committee meetings are to be open to the public.
C.
Approval
of a majority of the fully constituted Dog Park Committee shall be
required for said Committee to take any action.
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 City property.
B.
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.
C.
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.
D.
While
dogs are in the off-leash area, handlers shall control their dogs
by sound or voice command.
E.
Handlers
shall closely supervise minor children who accompany them to the dog
park.
F.
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. At the
time of obtaining a dog park entry tag, persons who make use of, or
register to use, dog park 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.
G.
The General
Manager shall have the right to deny any person or dog access to any
or all dog parks of the City for breach of the policies and regulations
set forth in this article, or of separate regulations adopted by resolution
of the City Council.
H.
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.
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.
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 radios, television sets, musical instruments, boom
boxes, or equipment driven by motors or engines, is prohibited in
every dog park.
B.
This section
shall not prohibit the use of law enforcement equipment, equipment
for custodial maintenance, or mobility-enhancing devices for disabled
individuals.
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
14 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, 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.
A.
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.
B.
Handlers
shall carry a leash no longer than six feet for each dog in the handler's
care in the off-leash area.
C.
A handler
shall not bring more than two dogs into the off-leash area at any
time.
D.
To prevent
injury, a handler shall remove pinch or choke collars from a dog before
entry into the off-leash area.
E.
A handler
shall not bring a puppy under the age of 16 weeks into any dog park.
F.
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.
G.
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.
H.
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.
I.
All dogs
shall have a valid dog license and dog park entry tags attached to
them.
J.
Handlers
shall comply with all other dog park rules which may be adopted by
the City and which shall be posted in a conspicuous location at each
dog park.
K.
Any dog
that exhibits aggressive behavior within a dog park shall be immediately
removed by its handler.
L.
No persons
are permitted to enter any off-leash area unless accompanied by a
dog.
[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.
A.
Handlers
shall insure that dogs demonstrate safe behavior and social interaction
at all times toward people and other dogs.
B.
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.
C.
Local
or state regulations pertaining to dangerous dogs are applicable to
all dogs and handlers entering a dog park. Those state or local regulations
are not suspended while a dog or handler is within an off-leash area.
D.
Any enforcement officer shall have the power to issue an appearance ticket pursuant to Chapter 276 of the City Code and § 150.20 of the Criminal Procedure Law, to serve a summons and to serve and execute any other order or process in the execution of the provisions of this article against the handler of a dog that exhibits aggressive, dangerous or vicious behavior within a dog park or against any handler who fails to act in accordance with this article and any additional rules and regulations governing dog parks adopted by the City. In addition, any enforcement officer may serve any process, including an appearance ticket, a uniform appearance ticket and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature, undertaken in accord with the provisions of this article. Upon issuance of an appearance ticket or service of any process, the dog and, in the event that such appearance ticket or service of any process 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 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, and the owner shall immediately relinquish the dog's entry tag to the City Clerk. Any individual who enters a dog park following receipt of an appearance ticket or service of any process, 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 article and all other applicable laws.
A.
Each dog entering a dog park shall have a current dog license and tag issued pursuant Chapter 108 of the City Code or 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.
The City
Council hereby establishes the annual fee for a dog park entry tag
issued pursuant to this article at $ 30. Each dog entering a dog park
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 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 entry fee entitles the handler to a single, colorized dog
park entry tag applicable to the dog for which it was issued. Entry
tags shall be issued on a calendar-year basis. The dog park 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 entry tag for the previous calendar
year. The dog park entry tag allows the authorized dog to enter any
City dog park unless a handler or owner of the dog has been issued
an appearance ticket or served with any process relating to either
that dog or the handler. Applications for an initial dog park 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 article.
Applications shall identify the breed, or mixed breeding, of each
dog. Any misrepresentation on the application for dog park entry tags
shall be a violation of this article and may additionally expose the
applicant to liability for filing of a false instrument under this
state's Penal Law.
C.
A limited
number of dog park entry tags may be authorized by the City in any
given year. If the General Manager determines to set such a limit,
it shall consider the number, size and location of dog parks 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.
D.
Nonresidents
shall not be entitled to entry to a dog park, based on the resource
limitations of the City with respect to such facilities.
E.
The City
Council may, by resolution, from time to time, amend dog park entry
tag fees.
F.
If the
ownership of a dog for which a dog park entry tag has been issued
changes, prior to bringing the dog to any City dog park, the new owner
shall complete an application, provide a new dog picture, provide
proof of current vaccinations as required by law, and pay a new dog
park entry fee to the City in order to transfer the dog park entry
tag.
G.
All fees
shall be paid to the Watervliet City Clerk ("City Clerk") and shall
be deposited in the general fund of the City. No portion of any fee
paid pursuant to this article shall be refundable.
H.
Fees charged
in this subsection may be amended by resolution of the City Council.
I.
Dog park
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 entry tag shall immediately relinquish
said entry tag to the City Clerk following such designation. No refunds
shall be given for payment of the dog park entry tag.
A.
Failure
to comply with the provisions of this article shall constitute a violation.
Each and every separate violation of the provisions of this article
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 article shall result
in the immediate revocation of the dog park entry tag, shall be permanently
prohibited from using or entering any City dog park and shall not
be entitled to obtain a dog park entry tag.
B.
An action
or proceeding may be instituted in the name of the City of Watervliet,
in a court of competent jurisdiction, to enforce any provision of
this article.
C.
Any enforcement
officer shall have authority to bring an action again any person or
legal entity that has committed a violation of this article.
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.
