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.

---

S7136-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• May 21, 2012: ADVANCED TO THIRD READING
• May 16, 2012: 2ND REPORT CAL.
• May 15, 2012: 1ST REPORT CAL.751
• May 1, 2012: REFERRED TO AGRICULTURE

S7136-2011 Meetings

Agriculture: May 15, 2012

S7136-2011 Calendars

Active List: May 22, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S7136-2011 Votes

S7136-2011 Memo

BILL NUMBER:S7136                REVISED 05/02/12

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 for 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 up confusion in existing law and
to protect houndsmen and their hunting dogs when legally hunting in
the field.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S7136-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7136

                              I N  SENATE

                                 May 1, 2012
                                 ___________

  Introduced  by  Sen.  YOUNG  -- 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.
                                                             LBD15548-01-2