State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 122

* § 122. 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.    * NB Effective until January 1, 2011    * § 122. Local laws or ordinances. 1. Any  municipality  may  enact  a  local  law or ordinance upon the keeping or running at large of dogs and  the seizure  thereof,  provided  no  municipality  shall  vary,  modify,  enlarge  or  restrict  the provisions of this article relating to rabies  vaccination and euthanization.    2. Such local law or ordinance may:    (a)  impose  penalties  for  violation  of  such  restrictions  to  be  recovered in a civil action in the name of such municipality;    (b)  provide  for  enforcement  by  fine  or imprisonment for any such  violation; or    (c) provide for the issuance pursuant to the criminal procedure law of  an appearance ticket, or in lieu thereof, a uniform  appearance  ticket,  or   in  lieu  thereof,  a  uniform  appearance  ticket  and  simplified  information, as  provided  in  section  one  hundred  fourteen  of  this  article,  by  any dog control officer, peace officer, acting pursuant to  his special  duties,  or  police  officer,  who  is  authorized  by  any  municipality  to  assist in the enforcement of this article for any such  violation.    * NB Effective January 1, 2011

State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 122

* § 122. 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.    * NB Effective until January 1, 2011    * § 122. Local laws or ordinances. 1. Any  municipality  may  enact  a  local  law or ordinance upon the keeping or running at large of dogs and  the seizure  thereof,  provided  no  municipality  shall  vary,  modify,  enlarge  or  restrict  the provisions of this article relating to rabies  vaccination and euthanization.    2. Such local law or ordinance may:    (a)  impose  penalties  for  violation  of  such  restrictions  to  be  recovered in a civil action in the name of such municipality;    (b)  provide  for  enforcement  by  fine  or imprisonment for any such  violation; or    (c) provide for the issuance pursuant to the criminal procedure law of  an appearance ticket, or in lieu thereof, a uniform  appearance  ticket,  or   in  lieu  thereof,  a  uniform  appearance  ticket  and  simplified  information, as  provided  in  section  one  hundred  fourteen  of  this  article,  by  any dog control officer, peace officer, acting pursuant to  his special  duties,  or  police  officer,  who  is  authorized  by  any  municipality  to  assist in the enforcement of this article for any such  violation.    * NB Effective January 1, 2011

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 122

* § 122. 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.    * NB Effective until January 1, 2011    * § 122. Local laws or ordinances. 1. Any  municipality  may  enact  a  local  law or ordinance upon the keeping or running at large of dogs and  the seizure  thereof,  provided  no  municipality  shall  vary,  modify,  enlarge  or  restrict  the provisions of this article relating to rabies  vaccination and euthanization.    2. Such local law or ordinance may:    (a)  impose  penalties  for  violation  of  such  restrictions  to  be  recovered in a civil action in the name of such municipality;    (b)  provide  for  enforcement  by  fine  or imprisonment for any such  violation; or    (c) provide for the issuance pursuant to the criminal procedure law of  an appearance ticket, or in lieu thereof, a uniform  appearance  ticket,  or   in  lieu  thereof,  a  uniform  appearance  ticket  and  simplified  information, as  provided  in  section  one  hundred  fourteen  of  this  article,  by  any dog control officer, peace officer, acting pursuant to  his special  duties,  or  police  officer,  who  is  authorized  by  any  municipality  to  assist in the enforcement of this article for any such  violation.    * NB Effective January 1, 2011