State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-12 > 11-1209

§ 11-1209. Penalties.    1. Whoever shall hunt while his ability is impaired by the consumption  of alcohol shall be guilty of a violation of law.    2.  Whoever  shall hunt while in an intoxicated condition or while his  ability to hunt is impaired by the use of a drug shall be  guilty  of  a  misdemeanor, punishable by imprisonment in a penitentiary or county jail  for  not  more than one year, or by a fine of not more than five hundred  dollars, or by both such fine and imprisonment.    3. Notwithstanding any provision in section 11-1205 of this title, the  department of environmental conservation may revoke, for  a  period  not  exceeding  two years, any or all licenses, stamps, or permits to hunt of  any person who violates any  subdivision  of  section  11-1203  of  this  title.  Action  by  the  department  resulting  in such revocation shall  become effective only after a hearing held by the department upon notice  to such person, at which proof of  facts  indicating  the  violation  is  established  to  the satisfaction of the commissioner, or of the hearing  officer and concurred in by the commissioner. A person whose license  to  hunt  has been revoked as provided in this subdivision is ineligible for  such license during the period determined by the department as  provided  in  this  section. No such person shall, during such period, procure any  license for which he is ineligible. No person shall without license hunt  or trap during any period in which the  privilege  to  do  so  has  been  denied  him  by  the  department  as  provided in this section. When the  department has revoked a license,  or  has  denied  to  any  person  the  privilege  of  obtaining  a  license,  it  shall  cause the fact of such  revocation or denial, or both, as the case may be,  and  the  terms  and  extent  thereof,  to  be  entered  in the minutes of the department, and  shall forthwith send a written notice of its action as so entered in the  minutes to the person affected, at his last  known  address,  either  by  registered   or   certified   mail   or  by  delivery  personally  by  a  representative of the department. Within five days after service of such  notice, such person shall deliver  to  the  department  the  license  or  licenses revoked, together with any buttons or tags issued in connection  with  them. If the license was one entitling the holder to the privilege  of several licenses, and the revocation concerned some but  not  all  of  such  privileges,  any  license,  button  or  tag  so delivered shall be  returned by the  department  to  the  person  to  whom  it  was  issued,  appropriately  marked  or  stamped  to  show  the  extent to which it is  revoked.    4. Violation of any subdivision of section 11-1203 of this title shall  constitute grounds for forfeiture pursuant  to  the  provisions  of  and  under  the procedures prescribed in subdivisions one, two, five, six and  seven of section 71-0909 of this chapter.

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-12 > 11-1209

§ 11-1209. Penalties.    1. Whoever shall hunt while his ability is impaired by the consumption  of alcohol shall be guilty of a violation of law.    2.  Whoever  shall hunt while in an intoxicated condition or while his  ability to hunt is impaired by the use of a drug shall be  guilty  of  a  misdemeanor, punishable by imprisonment in a penitentiary or county jail  for  not  more than one year, or by a fine of not more than five hundred  dollars, or by both such fine and imprisonment.    3. Notwithstanding any provision in section 11-1205 of this title, the  department of environmental conservation may revoke, for  a  period  not  exceeding  two years, any or all licenses, stamps, or permits to hunt of  any person who violates any  subdivision  of  section  11-1203  of  this  title.  Action  by  the  department  resulting  in such revocation shall  become effective only after a hearing held by the department upon notice  to such person, at which proof of  facts  indicating  the  violation  is  established  to  the satisfaction of the commissioner, or of the hearing  officer and concurred in by the commissioner. A person whose license  to  hunt  has been revoked as provided in this subdivision is ineligible for  such license during the period determined by the department as  provided  in  this  section. No such person shall, during such period, procure any  license for which he is ineligible. No person shall without license hunt  or trap during any period in which the  privilege  to  do  so  has  been  denied  him  by  the  department  as  provided in this section. When the  department has revoked a license,  or  has  denied  to  any  person  the  privilege  of  obtaining  a  license,  it  shall  cause the fact of such  revocation or denial, or both, as the case may be,  and  the  terms  and  extent  thereof,  to  be  entered  in the minutes of the department, and  shall forthwith send a written notice of its action as so entered in the  minutes to the person affected, at his last  known  address,  either  by  registered   or   certified   mail   or  by  delivery  personally  by  a  representative of the department. Within five days after service of such  notice, such person shall deliver  to  the  department  the  license  or  licenses revoked, together with any buttons or tags issued in connection  with  them. If the license was one entitling the holder to the privilege  of several licenses, and the revocation concerned some but  not  all  of  such  privileges,  any  license,  button  or  tag  so delivered shall be  returned by the  department  to  the  person  to  whom  it  was  issued,  appropriately  marked  or  stamped  to  show  the  extent to which it is  revoked.    4. Violation of any subdivision of section 11-1203 of this title shall  constitute grounds for forfeiture pursuant  to  the  provisions  of  and  under  the procedures prescribed in subdivisions one, two, five, six and  seven of section 71-0909 of this chapter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-12 > 11-1209

§ 11-1209. Penalties.    1. Whoever shall hunt while his ability is impaired by the consumption  of alcohol shall be guilty of a violation of law.    2.  Whoever  shall hunt while in an intoxicated condition or while his  ability to hunt is impaired by the use of a drug shall be  guilty  of  a  misdemeanor, punishable by imprisonment in a penitentiary or county jail  for  not  more than one year, or by a fine of not more than five hundred  dollars, or by both such fine and imprisonment.    3. Notwithstanding any provision in section 11-1205 of this title, the  department of environmental conservation may revoke, for  a  period  not  exceeding  two years, any or all licenses, stamps, or permits to hunt of  any person who violates any  subdivision  of  section  11-1203  of  this  title.  Action  by  the  department  resulting  in such revocation shall  become effective only after a hearing held by the department upon notice  to such person, at which proof of  facts  indicating  the  violation  is  established  to  the satisfaction of the commissioner, or of the hearing  officer and concurred in by the commissioner. A person whose license  to  hunt  has been revoked as provided in this subdivision is ineligible for  such license during the period determined by the department as  provided  in  this  section. No such person shall, during such period, procure any  license for which he is ineligible. No person shall without license hunt  or trap during any period in which the  privilege  to  do  so  has  been  denied  him  by  the  department  as  provided in this section. When the  department has revoked a license,  or  has  denied  to  any  person  the  privilege  of  obtaining  a  license,  it  shall  cause the fact of such  revocation or denial, or both, as the case may be,  and  the  terms  and  extent  thereof,  to  be  entered  in the minutes of the department, and  shall forthwith send a written notice of its action as so entered in the  minutes to the person affected, at his last  known  address,  either  by  registered   or   certified   mail   or  by  delivery  personally  by  a  representative of the department. Within five days after service of such  notice, such person shall deliver  to  the  department  the  license  or  licenses revoked, together with any buttons or tags issued in connection  with  them. If the license was one entitling the holder to the privilege  of several licenses, and the revocation concerned some but  not  all  of  such  privileges,  any  license,  button  or  tag  so delivered shall be  returned by the  department  to  the  person  to  whom  it  was  issued,  appropriately  marked  or  stamped  to  show  the  extent to which it is  revoked.    4. Violation of any subdivision of section 11-1203 of this title shall  constitute grounds for forfeiture pursuant  to  the  provisions  of  and  under  the procedures prescribed in subdivisions one, two, five, six and  seven of section 71-0909 of this chapter.