(g) Camping. Camping at authorized sites, cabins or other structures.

(17) Pets. The regulations governing pets at authorized camping sites, cabins, or other structures are set forth in section 377.2 of this Subtitle I.

[No more than two pets (dogs, cats or other domesticated animals normally maintained in or near the household of the owner or person who cares for them) shall be present at any campsite, cabin or cottage in a park that allows these animals to be there. Persons at the campsite, cabin or cottage shall directly control and supervise the pets and crate or restrain them on leashes that are not more than six feet in length. Proof of licensure for dogs and proof of rabies inoculation for dogs, cats and domesticated ferrets shall be produced if requested by staff. If any provision of this paragraph is violated the pet shall be removed from the park by either the pet owner or the person who cares for the pet or the permit holder. This paragraph does not apply to a person with a disability or his or her companion service animal.]

9 NYCRR Part 377.2 is added as follows:

(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.”

(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.

(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.

(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.

(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.

(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.

Section 397.6 is repealed.

Section 398.6 is repealed.

Section 399.6 is repealed.

Section 400.5 is repealed.

Section 401.4 is repealed.

Section 402.4 is repealed.

Section 415.2 is repealed.

Section 416.5 is repealed.

Section 417.5 is repealed.

Section 418.2 is repealed.

The Office of Parks, Recreation and Historic Preservation (“OPRHP” or “Agency”) is proposing a statewide regulation governing pets in OPRHP’s facilities. This regulation adds a new section 9 NYCRR 377.2, amends section 9 NYCRR 372.2(g)(17), and repeals the following regional pet regulations in sections 397.6 (Niagara), 398.6 (Allegany), 399.6 (Genesee), 400.5 (Finger Lakes), 401.4 (Central), 402.4 (Taconic), 415.2 (Long Island), 416.5 (Thousand Islands), 417.5 (Saratoga Capital), and 418.2 (New York City). The new regulation will supersede and replace regional regulations governing pets, except 410.1(m) (Palisades Interstate Park Commission).

Statutory authority: Section 3.02 of the Parks, Recreation and Historic Preservation Law (“PRHPL”) directs OPRHP to provide for the public enjoyment of and access to the State’s resources. In addition, sections 3.09(5) and 3.09(8) authorize OPRHP to provide for the health, safety, and welfare of the public using facilities under its jurisdiction and to adopt regulations necessary to carry out the functions of the office.

Legislative objectives: This proposed rule making satisfies OPRHP’s legislative objectives to enhance public enjoyment of and access to the State’s bountiful natural resources and parks, to protect these resources, and to ensure the health and safety of patrons. By establishing a consistent and statewide rule on the number of pets allowed in OPRHP’s facilities, the net result allows more patrons to visit facilities with their pets. By incorporating responsible pet ownership standards into the regulation, OPRHP simultaneously protects natural resources and the health and safety of patrons. In addition, promulgating a consistent regulation for pets across the various regions simplifies compliance for patrons and enforcement for OPRHP staff.

Needs and benefits: A need has been expressed to replace the regional pet regulations with one statewide pet regulation. Promulgating one regulation for statewide applicability simplifies compliance for patrons and enforcement for OPRHP staff. This need and resulting benefit will be met by the proposed regulation, which generally provides that two pets per owner/handler are allowed in designated day-use areas and camping/overnight sites. The regulation also applies the same definition of allowable pets throughout the entire state.

In promulgating this new pet regulation, the Agency’s guiding principle is to enhance public enjoyment of OPRHP facilities by those patrons who seek the companionship of their pets. The existing pet regulations are more restrictive than necessary in certain circumstances and lack clarity in regulatory details.

Currently, the regional pet rules vary widely on the number and type of pets allowed, and on locations within parks where pets are allowed. This has created enforcement issues that staff would like to resolve. For example, the only type of pet allowed in the Niagara region is a dog and the limit is one dog per owner. In Allegany region, the regulations allow more than one dog, but do not specify an allowable limit. In the Genesee region, pets are prohibited entirely from cabin/overnight areas. In the Finger Lakes region, pets are allowed in parks but no more than one pet can stay in an overnight camping site or cabin. In the Thousand Islands region, pets are entirely prohibited in all picnic areas, yet the region seeks to ease this restriction in certain designated areas. Finally, pets are entirely prohibited in the New York City region, except by an individual permit to be issued by the region. The proposed statewide regulation resolves many of enforcement issues resulting from the existing regulatory patchwork.

In this proposal, the Agency also sets forth clear standards of conduct for which pet owners shall abide, for example, guidance on length of leashes, confinement, and immunization. Providing public recreational opportunities in a safe environment is central to OPRHP’s statutory mission. In addition to regulating pets, the Agency regulates a broad range of activities under Part 377 (Regulated Activities), including, for example, the riding or use of saddle horses, golfing, use or operation of a snowmobile, and bicycling. For this reason, the Agency needs the flexibility and discretion to regulate pets in relation to other regulated park uses and activities. The proposed regulation provides OPRHP with the necessary discretion and flexibility to determine when and if the presence of pets may conflict with another regulated use and to take appropriate steps to mitigate risk and ensure safety.

Moreover, there was an expressed need to distinguish the definition of “pet” from “service animal” as the latter term is defined pursuant to the Americans with Disabilities Act. The proposed regulation, which governs pets only, provides needed clarity.

Costs: The costs to the agency to implement the rule are estimated to be minimal. Easing restrictions on the presence of pets in facilities and campsites will likely result in an increase in revenue from more patrons visiting the state parks system.

Local government mandates: The proposed rule does not affect local governments.

Paperwork: There are no new reporting requirements created by this regulation.

Duplication: None.

Alternatives: OPRHP could have chosen to keep the status quo and, for example, continue to prohibit pets in all parks in the New York City region, or to prohibit pets other than dogs in the Niagara Region. OPRHP could have also continued to prohibit pets in overnight camping and cabin facilities in some regions but not others. However, these options are not viable because OPRHP seeks to enhance public enjoyment of its facilities by responsible pet-owning patrons on a statewide basis following consistent regulations. In sum, keeping the status quo would prevent the achievement of needs expressed by OPRHP management and enforcement staff as well as by patrons.

Federal standards: None.

Compliance schedule: The rule will take in effect on the date the Notice of Adoption is published in the State Register.

A regulatory flexibility analysis is not required for this proposal since it will not impose any adverse economic impact or reporting, record keeping or other compliance requirements on small businesses or local governments. The rule replaces outdated and conflicting sets of regional pet regulations with an updated statewide regulation that conforms to current regulating practices. Therefore, the rule does not impose any additional burden on small business or local governments and a Regulatory Flexibility Analysis is not required.

This rulemaking does not impact any rural areas as defined in New York State Administrative Procedure Act section 102(10). The rule replaces outdated and conflicting sets of regional pet regulations with an updated statewide regulation that conforms to current regulating practices. Therefore, the rule does not impose any additional regulatory burden and a Rural Area Flexibility Analysis is not required.

A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities. The rule replaces outdated and conflicting sets of regional pet regulations with an updated statewide regulation that conforms to current regulatory practices.