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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2224
SPONSOR: Gunther 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 clarify the relationship between the law
regulating dogs that are legally hunting and local laws regulating dogs
"running at large."
SUMMARY OF PROVISIONS:
Section one amends Section 122 of the Agriculture and Markets Law to
define hunting dogs as a dog used for hunting or training purposes, in
accordance with section 11-0923 of the Environmental Conservation Law,
wearing a tag, collar or other device which has contact information for
the owner, and in compliance with licensing requirements. It states the
circumstances in which a hunting dog may be deemed to be under the
reasonable control of its owner. If a hunting dog is not in compliance
with this section, a dog control officer may charge the owner with a
violation.
Section two establishes an immediate effective date.
JUSTIFICATION:
Current law does not make a distinction between dogs legally engaged in
the act of hunting under Environmental Conservation Law and dogs running
at large as regulated by local laws authorized under Agriculture and
Markets Law.
When hunting dogs become separated from their owners, they often recon-
nect within a short period of time. On some occasions, however, a hunt-
ing dog appearing to be at large is recovered by a dog control or other
law enforcement officer. Owners who are lawfully hunting should not be
penalized for their dogs that may appear to be at large, but are legally
hunting. This bill would define hunting dogs, clarify that dogs are
currently legally authorized to hunt under State law, and that law offi-
cers can determine if a dog is legally hunting or is in violation of
local laws regulating loose dogs. The bill will not restrict munici-
palities' ability to regulate loose or dangerous dogs or the licensing
of dogs. This bill may help prevent the dog from unnecessarily entering
the municipal animal shelter system if an officer finds a hunting dog
and can locate the owner before taking the dog to the shelter.
LEGISLATIVE HISTORY:
2021-22: A288 referred to Agriculture
2019-20: A3730 referred to Agriculture
2017-18: A6860 referred to Agriculture/S2900 referred to Agriculture
2015: A722CA/S3440A Veto 293
2013-2014: S.2688/A.7851 Passed Senate
2012: S.7136/A.10085 Advanced to Third Reading/Committed to Rules
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2224
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. GUNTHER, BRABENEC, SMULLEN -- 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. For the purposes of this section a "hunting dog" is a dog that is
4 being used for hunting or training purposes, in accordance with section
5 11-0923 of the environmental conservation law, is wearing a tag, collar
6 or other device which includes contact information of the owner, trainer
7 or handler, and is in compliance with section one hundred nine of this
8 article. Notwithstanding the provisions of subdivisions one and two of
9 this section or section one hundred thirteen of this article, a hunting
10 dog may be deemed to be under the reasonable control of its owner,
11 trainer or handler, and not be deemed to be running at large if at the
12 time of recovery or seizure by a dog control officer, peace officer
13 acting pursuant to his or her special duties or police officer, who is
14 authorized by a municipality to enforce any local law or ordinance
15 related to the keeping and running at large of dogs and the seizure
16 thereof, (a) the hunting dog owner, trainer or handler is on property
17 where hunting is permitted, and (b) the hunting dog was released from
18 its confines by the owner, trainer or handler to hunt on property where
19 hunting is permitted, and (c) that the hunting dog owner, trainer or
20 handler can demonstrate that he or she is licensed to hunt with dogs in
21 accordance with section 11-0923 of the environmental conservation law.
22 If it can be so determined at the time of recovery or seizure of a hunt-
23 ing dog by a dog control officer, peace officer acting pursuant to his
24 or her special duties or police officer, who is authorized by a munici-
25 pality to enforce any local law or ordinance related to the keeping and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07078-01-3
A. 2224 2
1 running at large of dogs and the seizure thereof, that the owner, train-
2 er or handler and hunting dog are not in compliance with this section,
3 then the owner, trainer or handler of such hunting dog may be charged
4 with a violation of any local law or ordinance enacted pursuant to this
5 section related to the keeping and running at large of dogs.
6 § 2. This act shall take effect immediately.
