N.Y. Agriculture & Markets Law § 120: Protection of deer

§ 120. Protection of deer. 1. Whenever the governing body of any

municipality shall determine that the deer population in the

municipality or part thereof is suffering severe depredation due to dogs

attacking, chasing or worrying deer, such governing body may by order

require that all dogs in such municipality or part thereof shall be

securely confined during the period of time designated in the order or,

if no time is designated, until the order is revoked.

2. Notice of such order shall be given by publication in a newspaper

or newspapers of general circulation in said municipality which shall be

designated by such governing body and by filing a copy of the order in

the office of each clerk in the area affected by such order. Such order

shall be in full force and effect at the expiration of twenty-four hours

following publication of such notice.

3. If any dog is not confined as required by such order, any dog

control officer, peace officer, acting pursuant to his special duties,

or police officer shall seize such dog. Any dog so seized shall be

subject to the provisions of section one hundred eighteen of this

article. A dog shall not be deemed to be in violation of such order if

accompanied by and under the full control of the owner.

4. If any dog, which is not confined as required by such order, shall

attack, chase or worry any deer, any dog control officer, peace officer,

acting pursuant to his special duties, or police officer upon witnessing

the same, shall destroy, or seize and destroy, such dog, and no

liability in damages or otherwise shall be incurred on account of such

destruction.

5. If any dog shall kill or cripple any deer, the owner shall be

subject to a civil penalty in the amount of one hundred dollars for the

first deer killed or crippled by the dog or by the pack of dogs, if any,

of which the dog was a member, and in the amount of one hundred fifty

dollars for each additional deer killed or crippled, to be recovered in

an action brought by the commissioner of environmental conservation on

behalf of the people of the state of New York.

6. This section and any order issued pursuant thereto shall not apply

to dogs in special dog training areas or shooting preserves enclosed and

licensed pursuant to the provisions of the environmental conservation

law, while such dogs are under the control of the owner or trainer.