§ 120. Protection of deer.
1.Whenever the governing body of any\nmunicipality shall determine that the deer population in the\nmunicipality or part thereof is suffering severe depredation due to dogs\nattacking, chasing or worrying deer, such governing body may by order\nrequire that all dogs in such municipality or part thereof shall be\nsecurely confined during the period of time designated in the order or,\nif no time is designated, until the order is revoked.\n 2. Notice of such order shall be given by publication in a newspaper\nor newspapers of general circulation in said municipality which shall be\ndesignated by such governing body and by filing a copy of the order in\nthe office of each clerk in the area affected by such order. Such order\nshall be in full force and effect at
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§ 120. Protection of deer. 1. Whenever the governing body of any\nmunicipality shall determine that the deer population in the\nmunicipality or part thereof is suffering severe depredation due to dogs\nattacking, chasing or worrying deer, such governing body may by order\nrequire that all dogs in such municipality or part thereof shall be\nsecurely confined during the period of time designated in the order or,\nif no time is designated, until the order is revoked.\n 2. Notice of such order shall be given by publication in a newspaper\nor newspapers of general circulation in said municipality which shall be\ndesignated by such governing body and by filing a copy of the order in\nthe office of each clerk in the area affected by such order. Such order\nshall be in full force and effect at the expiration of twenty-four hours\nfollowing publication of such notice.\n 3. If any dog is not confined as required by such order, any dog\ncontrol officer, peace officer, acting pursuant to his special duties,\nor police officer shall seize such dog. Any dog so seized shall be\nsubject to the provisions of section one hundred eighteen of this\narticle. A dog shall not be deemed to be in violation of such order if\naccompanied by and under the full control of the owner.\n 4. If any dog, which is not confined as required by such order, shall\nattack, chase or worry any deer, any dog control officer, peace officer,\nacting pursuant to his special duties, or police officer upon witnessing\nthe same, shall destroy, or seize and destroy, such dog, and no\nliability in damages or otherwise shall be incurred on account of such\ndestruction.\n 5. If any dog shall kill or cripple any deer, the owner shall be\nsubject to a civil penalty in the amount of one hundred dollars for the\nfirst deer killed or crippled by the dog or by the pack of dogs, if any,\nof which the dog was a member, and in the amount of one hundred fifty\ndollars for each additional deer killed or crippled, to be recovered in\nan action brought by the commissioner of environmental conservation on\nbehalf of the people of the state of New York.\n 6. This section and any order issued pursuant thereto shall not apply\nto dogs in special dog training areas or shooting preserves enclosed and\nlicensed pursuant to the provisions of the environmental conservation\nlaw, while such dogs are under the control of the owner or trainer.\n