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A06244 Summary:

BILL NOA06244B
 
SAME ASSAME AS S04993-B
 
SPONSORStern
 
COSPNSRLavine
 
MLTSPNSR
 
Add 3.27, Pks & Rec L
 
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.
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A06244 Actions:

BILL NOA06244B
 
04/03/2023referred to tourism, parks, arts and sports development
05/19/2023amend and recommit to tourism, parks, arts and sports development
05/19/2023print number 6244a
06/06/2023amend and recommit to tourism, parks, arts and sports development
06/06/2023print number 6244b
01/03/2024referred to tourism, parks, arts and sports development
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A06244 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6244B
 
SPONSOR: Stern
  TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to allowing the presence of dogs in state parks   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to permit the presence of dogs in state parks with reasonable exceptions.   SUMMARY OF PROVISIONS: Section 1: the parks, recreation and historic preservation law is amended by adding a new section 3.27 that authorizes the admittance of dogs into state parks and grants the parks commissioner authority to adopt any rules, regulations and programs deemed necessary for dog access provided such rules and programs do not conflict with the provisions of this bill. This section further provides clarity on when and where dogs are permitted in state parks, the responsibilities and liabilities of the owner or custodian of the dog, and the requirement of state parks to provide dog waste stations. Section 2: sets the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION: Removes the definition of "State park and "dog" in Section 1. Adds language in Section 1 stating that dogs shall be allowed in all New York state parks under the jurisdiction of the Office of Parks, Recre- ation and Historic Preservation. Adds language in Section 1 stating that the Commissioner of Parks, Recreation and Historic Preservation shall be able to limit the presence of dogs in the manner and to the extent that the Commissioner deems appropriate, including but not limited to restricting the presence of dogs: ®at certain times of day or certain times of year ®for the protection of wildlife, other aspects of the environment, the quality of the park, and the experience of other park users ®if they are deemed "dangerous dogs" as defined pursuant to section one hundred eight of the agriculture and markets law ®within one hundred feet of any areas restricted for protection of rare, threatened, or endangered species and/or nesting *within any arboretum *in buildings *in areas designated for swimming *in sunbathing areas on beaches *on golf courses *on playgrounds or spraygrounds *at such other times, places, and in such manner as the Commissioner may deem appropriate   JUSTIFICATION: New York State Parks are sacred areas of land where residents and visi- tors can commune, exercise, and appreciate the beautiful landscapes available to us. While many people would love to share this experience with their dog(s), some parks do not currently permit them. Park visi- tors should have the option to bring their dog(s) with them to enjoy open green space, trails and the solace of nature state parks provide. This bill affords state parks with the flexibility to restrict certain areas from being accessible to dogs, which may include protected bird nesting sites. This measure encourages coexistence between park visi- tors, dogs, wildlife and the environment.   PRIOR LEGISLATIVE HISTORY: 2023: A6244-A - amended and recommitted to tourism, parks, arts and sports development 2023: A6244 - referred to tourism, parks, arts and sports development   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law.
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A06244 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6244--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced  by M. of A. STERN -- read once and referred to the Committee
          on  Tourism,  Parks,  Arts  and  Sports   Development   --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, 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.
    20    (f) Dog owners and custodians shall be liable for any damage  or  harm
    21  caused  by  their  dog on park premises and subject to penalties for any
    22  violation of this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05507-08-3

        A. 6244--B                          2
 
     1    3. In addition to other relevant matters, the rules, regulations,  and
     2  programs required by subdivision one of this section shall:
     3    (a)  limit  the  presence of dogs in the manner and to the extent that
     4  the  commissioner  deems  appropriate,  including  but  not  limited  to
     5  restricting the presence of dogs:
     6    (i) at certain times of day or certain times of year; and
     7    (ii) for the protection of wildlife, other aspects of the environment,
     8  the quality of the park, and the experience of other park users;
     9    (b)  include  specific  prohibitions  providing that dogs shall not be
    10  allowed in state parks:
    11    (i) during events or activities that are  specifically  designated  as
    12  "dog-free";
    13    (ii)  if  they  are  deemed  a "dangerous dog" pursuant to section one
    14  hundred eight of the agriculture and markets law;
    15    (iii) without being fully vaccinated pursuant to all laws,  rules  and
    16  regulations requiring such vaccines;
    17    (iv) within one hundred feet of any areas restricted for protection of
    18  rare,  threatened,  or  endangered species and/or nesting, or within any
    19  arboretum;
    20    (v) in buildings;
    21    (vi) in areas designated for swimming;
    22    (vii) in sunbathing areas on beaches;
    23    (viii) on golf courses;
    24    (ix) on playgrounds and spraygrounds; and
    25    (x) at such other times, places, and in such manner as the commission-
    26  er may deem appropriate; and
    27    (c) set penalties for violations of this section.
    28    4. (a) The office shall have the authority to enforce  the  provisions
    29  of this section, including, but not limited to, the power to issue cita-
    30  tions and fines for violations.
    31    (b)  The  office shall also have the authority to exclude such owner's
    32  dog or dogs from state parks for a period of time if the owner or custo-
    33  dian of the dog fails to comply with the provisions of this  section  or
    34  the rules, regulations and programs adopted by the state park system.
    35    § 2. This act shall take effect on the one hundred twentieth day after
    36  it shall have become a law.
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