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

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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 conducive to the characteristics of each state park; 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: (Engrossed) 2024-06-06 - RETURNED TO ASSEMBLY [A06244 Detail]

Download: New_York-2023-A06244-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6244--C

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced  by  M.  of A. STERN, LAVINE -- 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
          --  recommitted  to  the  Committee on Tourism, Parks, Arts and Sports
          Development in accordance with Assembly Rule 3, sec.  2  --  committee
          discharged, bill amended, 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 state parks. 1. The  commissioner  shall  adopt
     4  any  rules,  regulations  and  programs  necessary  for the presence and
     5  behavior of dogs conducive to the characteristics of each state park  in
     6  a manner consistent with the provisions of 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 in an area that has been
    17  designated by a state park as an unleashed area.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05507-10-4
        A. 6244--C                          2

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