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:
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
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