Bill Text: NY A01754 | 2013-2014 | General Assembly | Introduced
Bill Title: Prohibits the use of body-gripping traps within 100 feet of a public highway, public road, dwelling, school, playground, day care facility, place of worship, athletic field, or public bike paths, walking paths or hiking trails; prohibits the use of such traps within 500 feet of such facilities without the permission of the owner thereof; authorizes landowners to set traps within 100 feet of their own dwellings; requires that public lands where trapping is permitted to be posted with signs warning of such trapping; makes the violation of laws relating to trapping a misdemeanor; establishes enhanced criminal penalties for use of body-gripping traps too close to certain facilities or dwellings; defines "body-gripping traps".
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A01754 Detail]
Download: New_York-2013-A01754-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1754
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, CLARK, ORTIZ -- Multi-Sponsored by
-- M. of A. COLTON, DINOWITZ, GALEF, HEASTIE, HOOPER, MILLMAN, WEISEN-
BERG -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law, in relation to the
regulation of trapping; and to repeal subdivision 10 of section
71-0923 of such law relating to the penalty for trapping near certain
buildings or facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 11-0103 of the environmental conservation law is
2 amended by adding a new subdivision 33 to read as follows:
3 33. "BODY-GRIPPING TRAP" SHALL MEAN A TRAP THAT GRIPS A MAMMAL'S BODY
4 OR BODY PART INCLUDING, BUT NOT LIMITED TO, STEEL-JAWED LEGHOLD TRAPS,
5 PADDED LEGHOLD TRAPS AND CONIBEAR TRAPS. CAGE AND BOX TRAPS, NETS,
6 SUITCASE-TYPE LIVE BEAVER TRAPS, AND COMMON MOUSE AND RAT TRAPS SHALL
7 NOT BE CONSIDERED BODY-GRIPPING TRAPS.
8 S 2. Subdivisions 10 and 12 of section 11-1101 of the environmental
9 conservation law, subdivision 12 as added by chapter 586 of the laws of
10 1991, are amended to read as follows:
11 10. [Traps] BODY-GRIPPING TRAPS shall not be set or placed on a public
12 highway OR PUBLIC ROAD, OR WITHIN ONE HUNDRED FEET OF A PUBLIC HIGHWAY,
13 PUBLIC ROAD, DWELLING, SCHOOL BUILDING, SCHOOL PLAYGROUND, DAY CARE
14 FACILITY, PLACE OF WORSHIP, ATHLETIC FIELD, OR A PAVED OR MARKED BICYCLE
15 PATH, WALKING PATH OR HIKING TRAIL MAINTAINED BY THE STATE, OR ANY CITY,
16 TOWN, VILLAGE OR COUNTY.
17 12. [No person shall trap wildlife] (A) BODY-GRIPPING TRAPS SHALL NOT
18 BE SET within [one] FIVE hundred feet of a dwelling, school building,
19 school playground [or church], DAY CARE FACILITY, PLACE OF WORSHIP,
20 ATHLETIC FIELD, OR A PAVED OR MARKED BICYCLE PATH, WALKING PATH OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05732-01-3
A. 1754 2
1 HIKING TRAIL MAINTAINED BY THE STATE, OR ANY CITY, TOWN, VILLAGE OR
2 COUNTY, without the written consent of the owner or lessee of the prop-
3 erty where the trap is set.
4 (B) NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE OWNER
5 OF PROPERTY FROM SETTING TRAPS ON HIS OR HER LAND WITHIN ONE HUNDRED
6 FEET OF HIS OR HER DWELLING, PROVIDED THAT SUCH SETTING OF TRAPS DOES
7 NOT OTHERWISE VIOLATE THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION.
8 S 3. Section 11-1101 of the environmental conservation law is amended
9 by adding three new subdivisions 13, 14 and 15 to read as follows:
10 13. (A) THE DEPARTMENT AND ANY CITY, TOWN, VILLAGE OR COUNTY WHICH
11 PERMITS TRAPPING USING BODY-GRIPPING TRAPS ON PUBLIC LAND OVER WHICH IT
12 HAS JURISDICTION, SHALL POST SIGNS AT ALL MAJOR POINTS OF ENTRY TO SUCH
13 LAND. THE SIGNS SHALL CLEARLY STATE THAT TRAPPING USING BODY-GRIPPING
14 TRAPS IS PERMITTED ON THE LAND, THE DATES OF THE OPEN TRAPPING SEASON
15 AND THE TELEPHONE NUMBERS OF THE NEAREST REGIONAL OFFICE OF THE DEPART-
16 MENT AND THE LOCAL POLICE. SUCH SIGNS SHALL BE POSTED ON A PERMANENT
17 BASIS WHERE TRAPPING USING BODY-GRIPPING TRAPS IS PERMITTED.
18 (B) THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS ESTABLISHING
19 FURTHER SPECIFICATIONS FOR THE REQUIREMENTS SET FORTH IN PARAGRAPH (A)
20 OF THIS SUBDIVISION.
21 14. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE
22 DEPARTMENT FROM PROMULGATING RULES AND REGULATIONS REQUIRING MORE
23 RESTRICTIVE PROVISIONS IN AREAS OF THE STATE WHERE THEY ARE DEEMED
24 NECESSARY FOR THE PROTECTION AND WELL-BEING OF THE PUBLIC.
25 15. EACH VIOLATION OF THIS SECTION SHALL CONSTITUTE A MISDEMEANOR.
26 S 4. Section 71-0921 of the environmental conservation law is amended
27 by adding a new subdivision 14 to read as follows:
28 14. FOR A FIRST CONVICTION OF A VIOLATION OF SUBDIVISION TEN, TWELVE
29 OR THIRTEEN OF SECTION 11-1101 OF THIS CHAPTER, BY IMPRISONMENT OF NOT
30 MORE THAN THIRTY DAYS, A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS
31 NOR MORE THAN FIVE HUNDRED DOLLARS, OR BY BOTH SUCH IMPRISONMENT AND
32 FINE; FOR A SECOND CONVICTION, BY IMPRISONMENT OF NOT MORE THAN SIXTY
33 DAYS, A FINE OF NOT LESS THAN FIVE HUNDRED NOR MORE THAN ONE THOUSAND
34 DOLLARS, OR BY BOTH SUCH IMPRISONMENT AND FINE; FOR A THIRD OR SUBSE-
35 QUENT CONVICTION, BY IMPRISONMENT OF NOT MORE THAN ONE HUNDRED EIGHTY
36 DAYS, A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE
37 THOUSAND DOLLARS, OR BY BOTH SUCH IMPRISONMENT AND FINE.
38 S 5. Subdivision 10 of section 71-0923 of the environmental conserva-
39 tion law is REPEALED.
40 S 6. This act shall take effect on the first of November next succeed-
41 ing the date on which it shall have become a law.
