Bill Text: NY S04993 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes the commissioner of parks, recreation and historic preservation to issue rules, regulations and programs necessary to allow the presence and behavior of dogs in state parks; requires the installation of dog waste stations; requires dogs to be under the direct supervision and control at all times by the owner or custodian of such dogs; makes related provisions.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2024-01-03 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S04993 Detail]

Download: New_York-2023-S04993-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4993--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 21, 2023
                                       ___________

        Introduced  by Sens. MARTINEZ, STAVISKY -- read twice and ordered print-
          ed, and when printed to be committed  to  the  Committee  on  Cultural
          Affairs,  Tourism,  Parks and Recreation -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee

        AN ACT to amend the parks, recreation and historic preservation law,  in
          relation to allowing the presence of dogs in state parks

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The parks, recreation  and  historic  preservation  law  is
     2  amended by adding a new section 3.27 to read as follows:
     3    §  3.27  Dogs  allowed  in  parks. 1. The commissioner shall adopt any
     4  rules, regulations and programs necessary for the presence and  behavior
     5  of  dogs  in  state  parks in a manner consistent with the provisions of
     6  this section.
     7    2. (a) Dogs shall be allowed in all New York  state  parks  under  the
     8  jurisdiction  of  the office during public hours of operation year-round
     9  except as provided in subdivision three of this section.
    10    (b) All state parks where dogs are permitted shall install  and  offer
    11  dog  waste  stations, including, but not limited to, disposable recepta-
    12  cles and disposable biodegradable waste  bags  to  ensure  a  clean  and
    13  hygienic environment for all park visitors.
    14    (c)  All  dogs  shall  be  under direct supervision and control at all
    15  times by the owner or custodian of the dog.
    16    (d) Dogs shall be leashed at all times unless a state park  designates
    17  a specific unleashed area.
    18    (e)  Waste  shall  be properly removed and disposed of by the owner or
    19  custodian of the dog.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05507-07-3
        S. 4993--B                          2

     1    (f) Dog owners and custodians shall be liable for any damage  or  harm
     2  caused  by  their  dog on park premises and subject to penalties for any
     3  violation of this section.
     4    3.  In addition to other relevant matters, the rules, regulations, and
     5  programs required by subdivision one of this section shall:
     6    (a) limit the presence of dogs in the manner and to  the  extent  that
     7  the  commissioner  deems  appropriate,  including  but  not  limited  to
     8  restricting the presence of dogs:
     9    (i) at certain times of day or certain times of year; and
    10    (ii) for the protection of wildlife, other aspects of the environment,
    11  the quality of the park, and the experience of other park users;
    12    (b) include specific prohibitions providing that  dogs  shall  not  be
    13  allowed in state parks:
    14    (i)  during  events  or activities that are specifically designated as
    15  "dog-free";
    16    (ii) if they are deemed a "dangerous  dog"  pursuant  to  section  one
    17  hundred eight of the agriculture and markets law;
    18    (iii)  without  being fully vaccinated pursuant to all laws, rules and
    19  regulations requiring such vaccines;
    20    (iv) within one hundred feet of any areas restricted for protection of
    21  rare, threatened, or endangered species and/or nesting,  or  within  any
    22  arboretum;
    23    (v) in buildings;
    24    (vi) in areas designated for swimming;
    25    (vii) in sunbathing areas on beaches;
    26    (viii) on golf courses;
    27    (ix) on playgrounds and spraygrounds; and
    28    (x) at such other times, places, and in such manner as the commission-
    29  er may deem appropriate; and
    30    (c) set penalties for violations of this section.
    31    4.  (a)  The office shall have the authority to enforce the provisions
    32  of this section, including, but not limited to, the power to issue cita-
    33  tions and fines for violations.
    34    (b) The office shall also have the authority to exclude  such  owner's
    35  dog or dogs from state parks for a period of time if the owner or custo-
    36  dian  of  the dog fails to comply with the provisions of this section or
    37  the rules, regulations and programs adopted by the state park system.
    38    § 2. This act shall take effect on the one hundred twentieth day after
    39  it shall have become a law.