Authorizes the commissioner of parks, recreation and historic preservation to issue rules, regulations and programs necessary to allow the presence and behavior of dogs conducive to the characteristics of each state park; 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6244C
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 the Commissioner of Parks,
Recreation and Historic Preservation shall adopt any rules, regulations
and programs necessary for the presence and behavior of dogs conducive
to the characteristics of each state park.
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 may 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
* in arboretums or park preserves
* 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
* in buildings
* in lifeguarded areas designated for swimming
* in lifeguarded areas designated for sunbathing
* 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 visitors 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
visitors, dogs, wildlife and the environment.
PRIOR LEGISLATIVE HISTORY:
2024: A6244-B - referred to tourism, parks, arts and sports development
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.
STATE OF NEW YORK
________________________________________________________________________
6244--C
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. STERN, LAVINE -- 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
-- recommitted to the Committee on Tourism, Parks, Arts and Sports
Development in accordance with Assembly Rule 3, sec. 2 -- 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 state parks. 1. The commissioner shall adopt
4 any rules, regulations and programs necessary for the presence and
5 behavior of dogs conducive to the characteristics of each state park in
6 a manner consistent with the provisions of 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 in an area that has been
17 designated by a state park as an unleashed area.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05507-10-4
A. 6244--C 2
1 (e) Waste shall be properly removed and disposed of by the owner or
2 custodian of the dog.
3 (f) Dog owners and custodians shall be liable for any damage or harm
4 caused by their dog on park premises and subject to penalties for any
5 violation of this section.
6 3. In addition to other relevant matters, the rules, regulations, and
7 programs set forth by the commissioner required by subdivision one of
8 this section may:
9 (a) limit the presence of dogs in the manner and to the extent that
10 the commissioner deems appropriate, including but not limited to
11 restricting the presence of dogs:
12 (i) at certain times of day or certain times of year;
13 (ii) for the protection of wildlife, other aspects of the environment,
14 the quality of the park, and the experience of other park users; and
15 (iii) in arboretums or park preserves;
16 (b) include specific prohibitions providing that dogs shall not be
17 allowed in state parks:
18 (i) during events or activities that are specifically designated as
19 "dog-free";
20 (ii) if they are deemed a "dangerous dog" pursuant to section one
21 hundred eight of the agriculture and markets law;
22 (iii) without being fully vaccinated pursuant to all laws, rules and
23 regulations requiring such vaccines;
24 (iv) within one hundred feet of any areas restricted for protection of
25 rare, threatened, or endangered species and/or nesting;
26 (v) in buildings;
27 (vi) in lifeguarded areas designated for swimming;
28 (vii) in lifeguarded areas designated for sunbathing;
29 (viii) on golf courses;
30 (ix) on playgrounds and spraygrounds; and
31 (x) at such other times, places, and in such manner as the commission-
32 er may deem appropriate; and
33 (c) set penalties for violations of this section.
34 4. (a) The office shall have the authority to enforce the provisions
35 of this section, including, but not limited to, the power to issue cita-
36 tions and fines for violations.
37 (b) The office shall also have the authority to exclude such owner's
38 dog or dogs from state parks for a period of time if the owner or custo-
39 dian of the dog fails to comply with the provisions of this section or
40 the rules, regulations and programs adopted by the state park system.
41 § 2. This act shall take effect on the one hundred twentieth day after
42 it shall have become a law.
