Dogs and Cats running/killing game

[chas0218]

So Culver creek huntclub posted a link to ny game laws. I have been reading through it and a section about dogs and cats caught my eye. I read that anyone 21 years of age or older can dispatch of a CAT that is hunting, killing or with a dead protected birds. I have watched the neighborhood feral cats kill robins and such so would that allow a person the right to kill a cat? I know for dogs running game it must be a LEO or so the law reads. Any input on this? I also watched one of the cats carrying around a dead baby rabbit last year.

 

Here is the link to the dogs/cats section 11-0529:

http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:

Edited September 20, 2016 by chas0218

[Rebel Darling]

@chas0218 - Can you provide the Code (is it ENV?) as well as the section?  The LBDC website prevents direct links.

[Uptown Redneck]

I guess the first thing would be to find out if a robin was a protected bird? Even more importantly, would one be willing to face the consequences of shooting their neighbor's dog or cat? 

[Culvercreek hunt club]

19 minutes ago, Uptown Redneck said:

I guess the first thing would be to find out if a robin was a protected bird? Even more importantly, would one be willing to face the consequences of shooting their neighbor's dog or cat? 

All song birds are under NYS ENV law

[grampy]

11 minutes ago, Uptown Redneck said:

I guess the first thing would be to find out if a robin was a protected bird? Even more importantly, would one be willing to face the consequences of shooting their neighbor's dog or cat? 

Depends on what neighbor"hood" I happen to be in.

[Culvercreek hunt club]

21 minutes ago, Rebel Darling said:

@chas0218 - Can you provide the Code (is it ENV?) as well as the section?  The LBDC website prevents direct links.

Environmental Conservation

 
  § 11-0529. Cats  hunting  birds;  dogs  pursuing  deer  or killing other
               wildlife in certain areas.
    1. Any person over the age of twenty-one years  possessing  a  hunting
  license may, and environmental conservation officers and peace officers,
  acting  pursuant  to  their  special  duties,  or  police officers shall
  humanely destroy cats at large found hunting or  killing  any  protected
  wild  bird  or  with  a  dead  bird  of  any  protected  species  in its
  possession.
    2. Every environmental conservation officer, forest ranger and  member
  of the state police may kill any dog (a) pursuing or killing deer within
  the  Adirondack  or Catskill parks, at any time; (b) pursuing or killing
  any game or wildlife on a state-owned game farm or wildlife  refuge;  or
  (c)  pursuing or killing any game or wildlife on a state-owned or leased
  wildlife management area, except a dog being legally  used  for  hunting
  small game or for dog training.
    3.  Every  park patrolman, park ranger and member of the state police,
  county police and town police may kill any dog pursuing or killing  deer
  within any state park or state park reservation at any time.
    4. At any time (a) any environmental conservation officer, dog warden,
  forest  ranger or member of the state police, anywhere in the state, (b)
  any member of any town police within the limits of  the  town  of  which
  such  member  is  an  officer,  (c) any member of the Westchester County
  Parkway police on any park, parkway or reservation owned  or  controlled
  by  the  county  of  Westchester  or (d) any member of a police force or
  department of any county, city, town or village in which such member has
  jurisdiction and is regularly employed may  kill  any  dog  pursuing  or
  killing deer and any coyote killing a domestic animal.
    5.  No  action for damages shall lie against any authorized person for
  the killing of a cat, dog or coyote as provided in this section.

[Rebel Darling]

32 minutes ago, chas0218 said:

So Culver creek huntclub posted a link to ny game laws. I have been reading through it and a section about dogs and cats caught my eye. I read that anyone 21 years of age or older can dispatch of a CAT that is hunting, killing or with a dead protected birds. I have watched the neighborhood feral cats kill robins and such so would that allow a person the right to kill a cat? I know for dogs running game it must be a LEO or so the law reads. Any input on this? I also watched one of the cats carrying around a dead baby rabbit last year.

 

Here is the link to the dogs/cats section 11-0529:

http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:

 

The way it reads to me, and I'm no lawyer (don't know if there's one on this forum, either...), but I often read the law and proposals, and while you don't have the right, anyone over the age of 21 in possession of a hunting license may lawfully dispatch a cat for killing protected birds.  Small game is not mentioned, so the rabbit scenario is out.  The term "humanely" is a vague one, however, and while subdivision 5 provides for a prevention of civil litigation, a lawyer could file suit and argue that the dispatcher acted in an "inhumane" manner, which could lead to civil litigation for damages.

Notwithstanding, all firearm discharge laws and limits would still apply.  Don't know if that comes into play in your neighborhood.

 

 

Environmental Conservation

 
  § 11-0529. Cats  hunting  birds;  dogs  pursuing  deer  or killing other
               wildlife in certain areas.
    1. Any person over the age of twenty-one years  possessing  a  hunting
  license may, and environmental conservation officers and peace officers,
  acting  pursuant  to  their  special  duties,  or  police officers shall
  humanely destroy cats at large found hunting or  killing  any  protected
  wild  bird  or  with  a  dead  bird  of  any  protected  species  in its
  possession.
    2. Every environmental conservation officer, forest ranger and  member
  of the state police may kill any dog (a) pursuing or killing deer within
  the  Adirondack  or Catskill parks, at any time; (b) pursuing or killing
  any game or wildlife on a state-owned game farm or wildlife  refuge;  or
  (c)  pursuing or killing any game or wildlife on a state-owned or leased
  wildlife management area, except a dog being legally  used  for  hunting
  small game or for dog training.
    3.  Every  park patrolman, park ranger and member of the state police,
  county police and town police may kill any dog pursuing or killing  deer
  within any state park or state park reservation at any time.
    4. At any time (a) any environmental conservation officer, dog warden,
  forest  ranger or member of the state police, anywhere in the state, (b)
  any member of any town police within the limits of  the  town  of  which
  such  member  is  an  officer,  (c) any member of the Westchester County
  Parkway police on any park, parkway or reservation owned  or  controlled
  by  the  county  of  Westchester  or (d) any member of a police force or
  department of any county, city, town or village in which such member has
  jurisdiction and is regularly employed may  kill  any  dog  pursuing  or
  killing deer and any coyote killing a domestic animal.
    5.  No  action for damages shall lie against any authorized person for
  the killing of a cat, dog or coyote as provided in this section.

Edited September 20, 2016 by Rebel Darling
Grammar

[Rebel Darling]

Also - Upon a second and third reading, "cats at large" isn't specified in this section, and there may be case law that defines "at large" as an area other than a neighborhood.

[Culvercreek hunt club]

11 minutes ago, Rebel Darling said:

Also - Upon a second and third reading, "cats at large" isn't specified in this section, and there may be case law that defines "at large" as an area other than a neighborhood.

I would bet it would be off the owners property. 

 

And personally i can't see ever doing this anyway. Now let me find one digging and $hitting in my mulched flower beds and that certainly is a capital offense. 

Edited September 20, 2016 by Culvercreek hunt club

[turkeyfeathers]

I post on another thread yesterday. Buddy and his son catch an unimaginable amount of feral cats trapping fox and coyotes . All of which get let go . Cue Led Zeppelin "Stairway to heaven " in the background


Sent from my iPhone using Tapatalk

Edited September 20, 2016 by turkeyfeathers

[Jeremy K]

Does it say anything about the 2 cats that keep crapping in my yard and wrecking the birdhouse?

[stoneam2006]

I post on another thread yesterday. Buddy and his son catch an imaginable amount of feral cats trapping fox and coyotes . All of which get let go . Cue Led Zeppelin "Stairway to heaven " in the background


Sent from my iPhone using Tapatalk

It's an unstoppable event while trapping it will happen and as far as I know never caught a domestic cat. Always feral and always properly handled to help the song birds.

Sent from my SM-N920V using Tapatalk

[turkeyfeathers]

8 minutes ago, Jeremy K said:

Does it say anything about the 2 cats that keep crapping in my yard and wrecking the birdhouse?

 

8 minutes ago, Jeremy K said:

Does it say anything about the 2 cats that keep crapping in my yard and wrecking the birdhouse?

SSS . My daughters initials. Not sure what else I'd mean by that 

[dbHunterNY]

lol.... from local folks around here and their experiences, you can get burned legally and financially by shooting a dog or cat.  for that reason I've refrained from doing so.  I don't know any feral dogs.  always seem to have brain dead owners and collars.  lot of feral cats though.

[turkeyfeathers]

CCI quiets do have a purpose

[DirtTime]

Killing a cat for eating a robin? Cycle of life. Let it be.

Pooping on your lawn? Break out the AR! It's war. 

[turkeyfeathers]

Killing a cat for eating a robin? Cycle of life. Let it be.

Pooping on your lawn? Break out the AR! It's war. 

Poor guy. Cats are always pooping in his sand box too


Sent from my iPhone using Tapatalk

[DirtTime]

I have an electric fence, barbed and razor wire around my sandbox. Nothing getting in there. Heck, if I forget the key to the gate I can't even get in.

[stoneam2006]

Poor guy. Cats are always pooping in his sand box too


Sent from my iPhone using Tapatalk

Lmao it's why my kids don't get a sandbox....maybe Realtc will share

Sent from my SM-N920V using Tapatalk

[Jeremy K]

1 hour ago, ....rob said:

Killing a cat for eating a robin? Cycle of life. Let it be.

Pooping on your lawn? Break out the AR! It's war. 

They can eat all the Robin's they want to, when I step in their crap though, it's personal.

[mattypotpie8S]

Used to have horseshoe pits... damn feral cats

[chas0218]

I just used Robins for an example but yes all song birds are protected in NYS. The neighbor lady feeds them after posting this and seeing the replies I counted 12 different cats at her local food shelter. Now I know of 2 cats that are peoples pets but the rest have been around longer than most the neighbors. The local shelters/dog warden wont do crap about them and I am sick of them crapping in our son's sandbox and destroying the wife's flowerbeds.  I guess I will have to talk to the neighbors about it and see what they are going to do. 

 

I obviously don't want to shoot the cats but relocating them into someone's backyard isn't a solution to the problem. Long ride off a short pier?

Edited September 21, 2016 by chas0218

[chas0218]

17 hours ago, Rebel Darling said:

 

The way it reads to me, and I'm no lawyer (don't know if there's one on this forum, either...), but I often read the law and proposals, and while you don't have the right, anyone over the age of 21 in possession of a hunting license may lawfully dispatch a cat for killing protected birds.  Small game is not mentioned, so the rabbit scenario is out.  The term "humanely" is a vague one, however, and while subdivision 5 provides for a prevention of civil litigation, a lawyer could file suit and argue that the dispatcher acted in an "inhumane" manner, which could lead to civil litigation for damages.

Notwithstanding, all firearm discharge laws and limits would still apply.  Don't know if that comes into play in your neighborhood.

 

 

Environmental Conservation

 
  § 11-0529. Cats  hunting  birds;  dogs  pursuing  deer  or killing other
               wildlife in certain areas.
    1. Any person over the age of twenty-one years  possessing  a  hunting
  license may, and environmental conservation officers and peace officers,
  acting  pursuant  to  their  special  duties,  or  police officers shall
  humanely destroy cats at large found hunting or  killing  any  protected
  wild  bird  or  with  a  dead  bird  of  any  protected  species  in its
  possession.
    2. Every environmental conservation officer, forest ranger and  member
  of the state police may kill any dog (a) pursuing or killing deer within
  the  Adirondack  or Catskill parks, at any time; (b) pursuing or killing
  any game or wildlife on a state-owned game farm or wildlife  refuge;  or
  (c)  pursuing or killing any game or wildlife on a state-owned or leased
  wildlife management area, except a dog being legally  used  for  hunting
  small game or for dog training.
    3.  Every  park patrolman, park ranger and member of the state police,
  county police and town police may kill any dog pursuing or killing  deer
  within any state park or state park reservation at any time.
    4. At any time (a) any environmental conservation officer, dog warden,
  forest  ranger or member of the state police, anywhere in the state, (b)
  any member of any town police within the limits of  the  town  of  which
  such  member  is  an  officer,  (c) any member of the Westchester County
  Parkway police on any park, parkway or reservation owned  or  controlled
  by  the  county  of  Westchester  or (d) any member of a police force or
  department of any county, city, town or village in which such member has
  jurisdiction and is regularly employed may  kill  any  dog  pursuing  or
  killing deer and any coyote killing a domestic animal.
    5.  No  action for damages shall lie against any authorized person for
  the killing of a cat, dog or coyote as provided in this section.

I understand the small game, but isn't the law basically giving the person permission to kill the cat if the above requirement is met? In other words the right? Then the last section of "no action or damages lie against any authorized person". Firearm wise it is legal for me to use a pellet gun within my town limits. Once again I'm not looking to kill the cats but I could based on the law one could. 

 

17 hours ago, Jeremy K said:

Does it say anything about the 2 cats that keep crapping in my yard and wrecking the birdhouse?

The bird house thing I would imagine warrant it being they are "hunting" song birds.

Edited September 21, 2016 by chas0218

[The_Real_TCIII]

Lmao it's why my kids don't get a sandbox....maybe Realtc will share

Sent from my SM-N920V using Tapatalk

Actually the sandbox was 8x8 and had a canopy, I even built a hose spigot into one of the posts so the kids could have water in it. I built it with the idea of re purposing it into a gazebo when they outgrew it. Everyone is correct, it was a giant cat toilet and I finally took it down last Summer

[growalot]

didn't think to make a tarp cover for it?...we had those plastic turtle sand boxes for the kids..