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

BILL NUMBER:S3440A

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 by adding a new subdivision three 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 reconnect within a short period of time. On some occasions, however, a hunting 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 officers can determine if a dog is legally hunting or is in violation of local laws regulating loose dogs. The bill will not restrict municipalities' 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

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.