Bill Text: NY A10085 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2012-05-03 - referred to agriculture [A10085 Detail]

Download: New_York-2011-A10085-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10085
                                 I N  A S S E M B L Y
                                      May 3, 2012
                                      ___________
       Introduced by M. of A. LUPARDO -- Multi-Sponsored by -- M. of A. GIGLIO,
         KELLNER, MAGEE, McENENY, REILLY, SALADINO -- read once and referred 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:
    1    Section  1.  Section 122 of the agriculture and markets law is amended
    2  by adding a new subdivision 3 to read as follows:
    3    3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
    4  SECTION  OR SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, A DOG THAT HAS
    5  BEEN RELEASED FROM ITS CONFINEMENT FOR HUNTING OR TRAINING PURPOSES,  IN
    6  ACCORDANCE  WITH  SECTION 11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW,
    7  SHALL BE DEEMED TO BE UNDER THE  REASONABLE  CONTROL  OF  ITS  OWNER  OR
    8  TRAINER,  AND  NOT BE DEEMED TO BE RUNNING AT LARGE. A DOG CONTROL OFFI-
    9  CER, PEACE OFFICER ACTING PURSUANT TO  HIS  OR  HER  SPECIAL  DUTIES  OR
   10  POLICE OFFICER, WHO IS AUTHORIZED BY A MUNICIPALITY TO ENFORCE ANY LOCAL
   11  LAW OR ORDINANCE RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS AND
   12  THE  SEIZURE  THEREOF, SHALL MAKE A FAIR AND REASONABLE EFFORT TO DETER-
   13  MINE WHETHER ANY DOG FOUND OR SUSPECTED OF RUNNING AT  LARGE  IS  A  DOG
   14  ENGAGED  IN  HUNTING,  TRAINING  OR  OTHER ACTIVITIES IN ACCORDANCE WITH
   15  SECTION 11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW, AND IF SO  DETER-
   16  MINED,  SHALL  NOT  CHARGE  THE  OWNER  OR  TRAINER OF SUCH DOG WITH ANY
   17  VIOLATION OF ANY LOCAL LAW OR ORDINANCE ENACTED PURSUANT TO THIS SECTION
   18  RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS.
   19    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