Section 122. 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.