Bill Text: NY A06244 | 2023-2024 | General Assembly | Amended


Bill Title: Authorizes the commissioner of parks, recreation and historic preservation to issue rules, regulations and programs necessary to allow the presence and behavior of dogs in state parks; requires the installation of dog waste stations; requires dogs to be under the direct supervision and control at all times by the owner or custodian of such dogs; makes related provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to tourism, parks, arts and sports development [A06244 Detail]

Download: New_York-2023-A06244-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6244--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced  by M. of A. STERN -- read once and referred to the Committee
          on  Tourism,  Parks,  Arts  and  Sports   Development   --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the parks, recreation and historic preservation law,  in
          relation to allowing the presence of dogs in state parks

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The parks, recreation  and  historic  preservation  law  is
     2  amended by adding a new section 3.27 to read as follows:
     3    §  3.27  Dogs  allowed  in  parks. 1. The commissioner shall adopt any
     4  rules, regulations and programs necessary for the presence and  behavior
     5  of  dogs  in  state  parks in a manner consistent with the provisions of
     6  this section.
     7    2. (a) Dogs shall be allowed in all New York  state  parks  under  the
     8  jurisdiction  of  the office during public hours of operation year-round
     9  except as provided in subdivision three of this section.
    10    (b) All state parks where dogs are permitted shall install  and  offer
    11  dog  waste  stations, including, but not limited to, disposable recepta-
    12  cles and disposable biodegradable waste  bags  to  ensure  a  clean  and
    13  hygienic environment for all park visitors.
    14    (c)  All  dogs  shall  be  under direct supervision and control at all
    15  times by the owner or custodian of the dog.
    16    (d) Dogs shall be leashed at all times unless a state park  designates
    17  a specific unleashed area.
    18    (e)  Waste  shall  be properly removed and disposed of by the owner or
    19  custodian of the dog.
    20    (f) Dog owners and custodians shall be liable for any damage  or  harm
    21  caused  by  their  dog on park premises and subject to penalties for any
    22  violation of this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05507-08-3

        A. 6244--B                          2

     1    3. In addition to other relevant matters, the rules, regulations,  and
     2  programs required by subdivision one of this section shall:
     3    (a)  limit  the  presence of dogs in the manner and to the extent that
     4  the  commissioner  deems  appropriate,  including  but  not  limited  to
     5  restricting the presence of dogs:
     6    (i) at certain times of day or certain times of year; and
     7    (ii) for the protection of wildlife, other aspects of the environment,
     8  the quality of the park, and the experience of other park users;
     9    (b)  include  specific  prohibitions  providing that dogs shall not be
    10  allowed in state parks:
    11    (i) during events or activities that are  specifically  designated  as
    12  "dog-free";
    13    (ii)  if  they  are  deemed  a "dangerous dog" pursuant to section one
    14  hundred eight of the agriculture and markets law;
    15    (iii) without being fully vaccinated pursuant to all laws,  rules  and
    16  regulations requiring such vaccines;
    17    (iv) within one hundred feet of any areas restricted for protection of
    18  rare,  threatened,  or  endangered species and/or nesting, or within any
    19  arboretum;
    20    (v) in buildings;
    21    (vi) in areas designated for swimming;
    22    (vii) in sunbathing areas on beaches;
    23    (viii) on golf courses;
    24    (ix) on playgrounds and spraygrounds; and
    25    (x) at such other times, places, and in such manner as the commission-
    26  er may deem appropriate; and
    27    (c) set penalties for violations of this section.
    28    4. (a) The office shall have the authority to enforce  the  provisions
    29  of this section, including, but not limited to, the power to issue cita-
    30  tions and fines for violations.
    31    (b)  The  office shall also have the authority to exclude such owner's
    32  dog or dogs from state parks for a period of time if the owner or custo-
    33  dian of the dog fails to comply with the provisions of this  section  or
    34  the rules, regulations and programs adopted by the state park system.
    35    § 2. This act shall take effect on the one hundred twentieth day after
    36  it shall have become a law.
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