Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 120
Protection of deer
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 7
§ 120. Protection of deer. 1. Whenever the governing body of any
municipality shall determine that the deer population in the
municipality or part thereof is suffering severe depredation due to dogs
attacking, chasing or worrying deer, such governing body may by order
require that all dogs in such municipality or part thereof shall be
securely confined during the period of time designated in the order or,
if no time is designated, until the order is revoked.

2. Notice of such order shall be given by publication in a newspaper
or newspapers of general circulation in said municipality which shall be
designated by such governing body and by filing a copy of the order in
the office of each clerk in the area affected by such order. Such order
shall be in full force and effect at the expiration of twenty-four hours
following publication of such notice.

3. If any dog is not confined as required by such order, any dog
control officer, peace officer, acting pursuant to his special duties,
or police officer shall seize such dog. Any dog so seized shall be
subject to the provisions of section one hundred eighteen of this
article. A dog shall not be deemed to be in violation of such order if
accompanied by and under the full control of the owner.

4. If any dog, which is not confined as required by such order, shall
attack, chase or worry any deer, any dog control officer, peace officer,
acting pursuant to his special duties, or police officer upon witnessing
the same, shall destroy, or seize and destroy, such dog, and no
liability in damages or otherwise shall be incurred on account of such
destruction.

5. If any dog shall kill or cripple any deer, the owner shall be
subject to a civil penalty in the amount of one hundred dollars for the
first deer killed or crippled by the dog or by the pack of dogs, if any,
of which the dog was a member, and in the amount of one hundred fifty
dollars for each additional deer killed or crippled, to be recovered in
an action brought by the commissioner of environmental conservation on
behalf of the people of the state of New York.

6. This section and any order issued pursuant thereto shall not apply
to dogs in special dog training areas or shooting preserves enclosed and
licensed pursuant to the provisions of the environmental conservation
law, while such dogs are under the control of the owner or trainer.