Provides that dogs engaged in hunting and training as authorized by the environmental conservation law, shall not be deemed to be running at large in violation of any local law or ordinance.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (3): Espaillat, Hoylman, Serrano
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
Ayes (55): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (3): Hoylman, Perkins, Serrano
Excused (3): Diaz, Espaillat, Hassell-Thomps
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to dogs engaged in hunting or training
PURPOSE: The purpose of this bill is to prevent the owner of a dog that has been separated from its owner or trainer while it is engaged in the act of legally hunting from being charged with a violation for allowing a dog to "run at large."
SUMMARY OF PROVISIONS:
Section 122 of the agriculture and markets law is amended by adding a new subdivision 3 to make it clear that an owner of a dog legally hunting is not in violation of any law related to the keeping and running at large of dogs. The bill directs a dog control officer, peace officer, acting pursuant to his or her special duties, or police officer, who is authorized by any municipality to assist in the enforcement of this article for any such violation to make a fair and reasonable effort to determine whether any dog found or suspected of running at large is a dog which is engaged in hunting or other legal activities pursuant the environmental conservation law.
JUSTIFICATION: The current laws lead to conflict when dogs that are legally hunting become separated from their owners or wander onto private property. When this does happen, it is usual fox the dog and its owner to become reconnected within a short period of time. On some occasions, however, a dog appearing to be at large is recovered by a dog control officer or other law enforcement officer. Because the dog is legally hunting with its owner, and not being allowed to run at large for the lack of caring or prudent ownership, there should be no violation of the ECL or local law.
The bill attempts to insure that a reasonable effort is made to determine if indeed a dog appearing to be at large is actually hunting with its owner. This could help to prevent the dog from unnecessarily entering the municipal animal shelter system, stressing the animal and incurring costs, fines and penalties for the owner who is actually engaging in a lawful activity.
This legislation is needed to clear cap confusion in existing law and to protect houndsmen and their hunting dogs when legally hunting in the field.
LEGISLATIVE HISTORY: 2012: S. 7136/A.10085 Advanced to Third Reading/Committed to Rules
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2688 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sens. YOUNG, O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to dogs engaged in hunting or training THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 122 of the agriculture and markets law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION OR SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, A DOG THAT HAS BEEN RELEASED FROM ITS CONFINEMENT FOR HUNTING OR TRAINING PURPOSES, IN ACCORDANCE WITH SECTION 11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE DEEMED TO BE UNDER THE REASONABLE CONTROL OF ITS OWNER OR TRAINER, AND NOT BE DEEMED TO BE RUNNING AT LARGE. A DOG CONTROL OFFI- CER, PEACE OFFICER ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES OR POLICE OFFICER, WHO IS AUTHORIZED BY A MUNICIPALITY TO ENFORCE ANY LOCAL LAW OR ORDINANCE RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS AND THE SEIZURE THEREOF, SHALL MAKE A FAIR AND REASONABLE EFFORT TO DETER- MINE WHETHER ANY DOG FOUND OR SUSPECTED OF RUNNING AT LARGE IS A DOG ENGAGED IN HUNTING, TRAINING OR OTHER ACTIVITIES IN ACCORDANCE WITH SECTION 11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW, AND IF SO DETER- MINED, SHALL NOT CHARGE THE OWNER OR TRAINER OF SUCH DOG WITH ANY VIOLATION OF ANY LOCAL LAW OR ORDINANCE ENACTED PURSUANT TO THIS SECTION RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07136-01-3