NY Agric & Mkts L § 118 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 7 - Licensing, Identification and Control of Dogs 118 - Violations.

§ 118. Violations.  1. It shall be a violation, punishable as provided in subdivision two of this section, for:  (a) any owner to fail to license any dog;  (b) any owner to fail to have any dog identified as required  by  this article;  (c)  any  person  to  knowingly affix to any dog any false or improper identification tag, special identification tag  for  identifying  guide, service, therapy or hearing dogs or purebred license tag;  (d)  any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article;  (e) any person to furnish any false or misleading information  on  any form  required  to  be  filed  with  any  municipality  pursuant  to the provisions of this article or rules and regulations promulgated pursuant thereto;  (f) the owner or  custodian  of  any  dog  to  fail  to  exercise  due diligence  in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog;  (g) any owner of a dog to fail to notify the municipality in which his or her dog is licensed of any change of ownership or address as required by section one hundred twelve of this article.   2. It shall be the duty of the dog control officer of any municipality to bring an action against any person  who  has  committed  within  such municipality any violation set forth in subdivision one of this section. Any  municipality  may  elect  either  to  prosecute  such  action  as a violation under the penal law or to commence  an  action  to  recover  a civil penalty.   A  violation  of  this section shall be punishable, subject to such an election, either:  (a) where prosecuted pursuant to the penal law, by a fine of not  less than  twenty-five dollars, except that (i) where the person was found to have violated this section or  former  article  seven  of  this  chapter within  the  preceding  five  years, the fine may be not less than fifty dollars, and (ii) where the person was found to have  committed  two  or more  such  violations  within  the  preceding  five  years, it shall be punishable  by  a  fine  of  not  less  than  one  hundred  dollars   or imprisonment for not more than fifteen days, or both; or  (b)  where  prosecuted  as  an action to recover a civil penalty, by a civil penalty of not less than twenty-five dollars, except that (i) when the person was found to have  violated  this  section  or  this  article within  the preceding five years, the civil penalty may be not less than fifty dollars, and (ii) where the person was found to have committed two or more such violations within  the  preceding  five  years,  the  civil penalty may be not less than one hundred dollars.   3.  A  defendant  charged  with  a  violation of any provision of this article or any local law or ordinance promulgated pursuant  thereto  may plead  guilty  to the charge in open court. He or she may also submit to the magistrate having jurisdiction, in person, by duly authorized agent, or by registered mail, a statement (a) that he or she waives arraignment in open court and the aid of counsel, (b) that he or she  pleads  guilty to  the offense charged, (c) that he or she elects and requests that the charge be disposed of and the fine or penalty fixed by the court, (d) of any explanation that he or she desires to make  concerning  the  offense charged,  and  (e)  that he or she makes all statements under penalty of perjury. Thereupon the magistrate may proceed as  though  the  defendant had  been  convicted  upon  a  plea  of  guilty  in open court, provided however, that any imposition of  fine  or  penalty  hereunder  shall  be deemed  tentative  until  such  fine or penalty shall have been paid and discharged in full. If upon  receipt  of  the  aforesaid  statement  the  magistrate  shall  deny  the  same, he or she shall thereupon notify the defendant of this fact, and that he or she is required to appear  before the  said  magistrate  at  a  stated time and place to answer the charge which  shall  thereafter  be  disposed  of  pursuant  to  the applicable provisions of law.   4. Any person  who  intentionally  refuses,  withholds,  or  denies  a person,  because he or she is accompanied by an on-duty police work dog, working search, war, or detection dog as defined in section one  hundred eight  of  this  article,  any accommodations, facilities, or privileges thereof shall be subject to a civil penalty of up to two hundred dollars for the first  violation  and  up  to  four  hundred  dollars  for  each subsequent violation.   5.  Any  person  who  for  the  purpose of participating in the animal population control program shall falsify proof of adoption from a pound, shelter, duly incorporated society for  the  prevention  of  cruelty  to animals,  duly  incorporated  humane society or duly incorporated dog or cat  protective  association  or  who   shall   furnish   any   licensed veterinarian of this state with inaccurate information concerning his or her  residency  or the ownership of an animal or such person's authority to submit an animal for a spaying or  neutering  procedure  pursuant  to section  one  hundred  seventeen-a of this article, and any veterinarian who shall furnish false information concerning animal sterilization fees shall be guilty of a violation punishable by a fine of not less than two hundred fifty dollars where prosecuted pursuant to  the  penal  law,  or where  prosecuted  as  an  action to recover a civil penalty of not more than two hundred fifty dollars.