Provides that dogs engaged in hunting and training as authorized by the environmental conservation law, shall not be deemed to be running at large

1 Co-sponsor

• Thomas F. O'Mara

BILL NUMBER:S2688

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 hunt- ing 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 fox 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 deter- mine if indeed a dog appearing to be at large is actually hunting with its owner. This could help to prevent the dog from unnecessarily enter- ing the municipal animal shelter system, stressing the animal and incur- ring costs, fines and penalties for the owner who is actually engaging in a lawful activity.

This legislation is needed to clear cap confusion in existing law and to protect houndsmen and their hunting dogs when legally hunting in the field.

Legislative history

2012: S. 7136/A.10085 Advanced to Third Reading/Committed to Rules

Fiscal implications

None.

Effective date

Immediately.