Senate Bill S7136

                                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.