N.Y. Comp. Codes R. & Regs. tit. 9 § 377.2

Current through Register Vol. 46, No. 17, April 24, 2024

Section 377.2 - Regulated Activities - Possession of Pets

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 377.2

Adopted New York State Register March 6, 2019/Volume XLI, Issue 10, eff. 3/6/2019