New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle I - Office of Parks, Recreation and Historic Preservation
Chapter I - Parks
Subchapter A - Statewide Rules
Part 377 - Regulated Activities
Section 377.2 - Regulated Activities - Possession of Pets
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 377.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions.
(1) The term "pet" means a dog,
cat, ferret, or other animal that is traditionally maintained in or near the
household of the owner or person who cares for it, excluding:
(i) any ungulate, poultry, species of cattle,
sheep, swine, goats, or llamas; and
(ii) any "wild animal" as that term is
defined in Environmental Conservation Law §
11-0103(6)(e);
and
(iii) a "service
animal."
(2) The term
"service animal" shall have the same meaning as that term is defined in the
Americans with Disabilities Act ("ADA"), as set forth in
28
CFR 35.104, and as interpreted by the U.S.
Department of Justice, i.e., a dog or a miniature horse individually trained to
perform a task or do work for an individual with a disability and such task or
work is specific and related to a medical, physiological, mental, or emotional
limitation associated with the individual's disability. An animal or pet that
provides emotional support, comfort, or companionship but does not perform a
specific task or work for an individual with a disability is not included in
this definition of "service animal."
(b) Purpose and scope.
(1) This regulation provides for the health,
safety, and welfare of the public at facilities under the jurisdiction,
custody, and control of the office ("facilities") affording patrons and their
pets access to recreational opportunities. This regulation balances the public
benefits from allowing pets to access facilities with the public benefits of
protecting natural resources and enhancing the park experience for all
patrons.
(2) This section
supersedes and replaces regional pet regulations in Subtitle I; it also
provides a consistent statewide regulation governing the introduction and
possession of pets in facilities.
(3) A "pet" may enter facilities subject to
the provisions of this section.
(c) Areas Where Pets Are Prohibited.
(1) Pets are prohibited at or in playgrounds,
buildings, golf courses, boardwalks, pools and guarded beaches, poolside or
deck areas, and spray pads.
(2)
Pets are prohibited at any facility or portion thereof where pets are expressly
prohibited by sign or other directive of the office.
(3) The office also reserves the right to
prohibit the introduction or possession of pets at any facility or portion
thereof at any time.
(d) Limit on the Number of Pets.
(1) No more than
two pets per owner or handler are allowed in day-use areas, for example, picnic
areas and shared-use trails.
(2) No
more than two pets are allowed at each campsite, cabin, cottage, or yurt for
which the office has issued a camping permit in accordance with section
372.7(g)
of this Subtitle I.
i. The camping permit
holder or other patron shall accompany a pet at the permitted site at all
times.
(e) Pet owners and handlers and camping permit holders shall:
(1) comply with dog licensure laws of the
state of residence.
(2) comply with
rabies inoculation laws of the state of New York for dogs, cats, and
ferrets.
(3) provide proof of
licensure and rabies inoculation upon request.
(4) keep the pet under his or her
control.
(5) keep the pet on a
leash not exceeding 6 feet in length; this length restriction applies to
retractable leashes.
(6) confine
the pet in a crate, cage, or carrying case if a leash is not practicable for
the pet type.
(7) dispose of the
pet's waste in a prompt and sanitary manner.
(8) leash or confine a pet in a manner that
does not damage any natural, historic, or cultural resource or state property
under the jurisdiction of the office.
(9) ensure the pet does not interfere with
the rights of any facility patron, or his or her quiet enjoyment thereof. This
includes, but is not limited to, ensuring the pet does not bark excessively or
continuously or otherwise create a noise nuisance.
(10) be liable for any damage, personal
injury, or nuisance caused by the pet.
(f) Designated Off-Leash Dog Areas
(1) In designated off-leash dog areas, the
owner or handler shall keep the dog within his or her unobstructed sight and
control. All other provisions of this section apply to dogs in designated
off-leash areas.
(g) Hunting
(1) In designated areas where hunting
with dogs and raptors is allowed under a valid hunting permit issued by the
office pursuant to section
372.7(q)
of this Subtitle I, dogs and raptors may be allowed off-leash or out of
confinement solely for the purpose of hunting as prescribed by Environmental
Conservation Law.
(h) Enforcement
(1) A violation of any provisions
contained in this section may result in one or more of the following actions:
i. an order by an employee of the office for
the owner, handler, or camping permit holder to remove the pet from the
facility or camping permit site;
ii. revocation of a camping permit; or
iii. issuance of a ticket for
violation of this section
377.2.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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