NY Agric & Mkts L § 123 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 7 - Licensing, Identification and Control of Dogs 123 - Dangerous Dogs.

§  123.  Dangerous  dogs.  1.  Any  person  who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on  behalf of  such  minor,  may make a complaint of an attack or threatened attack upon a person, companion animal as  defined  in  section  three  hundred fifty  of  this  chapter,  farm  animal as defined in such section three hundred fifty, or a domestic animal as defined in subdivision  seven  of section  one  hundred  eight of this article to a dog control officer or police officer of  the  appropriate  municipality.  Such  officer  shall immediately  inform  the  complainant  of his or her right to commence a proceeding as provided in subdivision two of this section and, if  there is  reason  to  believe  the  dog  is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself.   2. Any person who witnesses an attack or threatened attack, or in  the case  of  a minor, an adult acting on behalf of such minor, may, and any dog control officer or police officer as provided in subdivision one  of this  section  shall,  make a complaint under oath or affirmation to any municipal  judge  or  justice  of  such  attack  or  threatened  attack. Thereupon,  the judge or justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if  so,  shall issue  an  order  to  any  dog  control  officer,  peace officer, acting pursuant to his or her special duties, or police officer directing  such officer to immediately seize such dog and hold the same pending judicial determination  as  provided in this section. Whether or not the judge or justice finds there is probable cause for such seizure, he or she shall, within five days and upon written notice of not less than  two  days  to the  owner  of  the dog, hold a hearing on the complaint. The petitioner shall have the burden at such hearing to prove the dog is  a  "dangerous dog"  by  clear  and convincing evidence. If satisfied that the dog is a dangerous dog, the judge  or  justice  shall  then  order  neutering  or spaying  of  the  dog,  microchipping  of the dog and one or more of the following as deemed appropriate under the circumstances  and  as  deemed necessary for the protection of the public:  (a)  evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized  expert  in  the field   and   completion  of  training  or  other  treatment  as  deemed appropriate by such expert. The owner of the dog  shall  be  responsible for  all  costs  associated  with evaluations and training ordered under this section;  (b) secure, humane confinement of the dog for a period of time and  in a  manner  deemed  appropriate  by  the  court but in all instances in a manner designed to: (1) prevent escape  of  the  dog,  (2)  protect  the public  from  unauthorized  contact with the dog, and (3) to protect the dog from the elements pursuant to section three hundred fifty-three-b of this chapter. Such confinement shall  not  include  lengthy  periods  of tying or chaining;  (c) restraint of the dog on a leash by an adult of at least twenty-one years of age whenever the dog is on public premises;  (d)  muzzling  the  dog  whenever it is on public premises in a manner that will prevent it from biting any person or animal,  but  that  shall not injure the dog or interfere with its vision or respiration; or  (e)   maintenance  of  a  liability  insurance  policy  in  an  amount determined by the court, but in  no  event  in  excess  of  one  hundred thousand  dollars  for personal injury or death resulting from an attack by such dangerous dog.   3. Upon a finding that a dog is dangerous, the judge  or  justice  may order  humane  euthanasia  or permanent confinement of the dog if one of the following aggravating circumstances is established at  the  judicial hearing held pursuant to subdivision two of this section:  (a)  the dog, without justification, attacked a person causing serious physical injury or death; or  (b)  the dog has a known vicious propensity as evidenced by a previous unjustified attack on a person, which caused serious physical injury  or death; or  (c)  the dog, without justification, caused serious physical injury or death to a companion animal, farm animal or domestic animal, and has, in the past two years, caused unjustified physical injury  or  death  to  a companion  or  farm  animal  as  evidenced  by a "dangerous dog" finding pursuant to the provisions of this section. An order of humane euthanasia shall not be carried out until  expiration of  the  thirty  day  period  provided  for  in subdivision five of this section for filing a notice of appeal, unless the owner of the  dog  has indicated  to the judge in writing, his or her intention to waive his or her right to appeal. Upon filing of a notice of appeal, the order  shall be automatically stayed pending the outcome of the appeal.   4.  A  dog shall not be declared dangerous if the court determines the conduct of the dog (a) was  justified  because  the  threat,  injury  or damage  was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or upon  the  property of  the  owner  or  custodian  of the dog; (b) was justified because the injured, threatened or killed person was tormenting, abusing, assaulting or physically threatening the dog or its offspring, or has in  the  past tormented,  abused,  assaulted  or  physically threatened the dog or its offspring; (c) was justified because the dog was responding to  pain  or injury,  or  was protecting itself, its owner, custodian, or a member of its household, its kennels or its offspring; or  was  justified  because the  injured,  threatened  or  killed  companion  animal, farm animal or domestic animal was attacking or threatening to attack the  dog  or  its offspring.  Testimony  of  a  certified  applied  behaviorist,  a  board certified veterinary behaviorist, or another recognized expert shall  be relevant  to  the court's determination as to whether the dog's behavior was justified pursuant to the provisions of this subdivision.   5. (a) The owner of a dog found to be a "dangerous  dog"  pursuant  to this  section  may  appeal  such determination, and/or the court's order concerning disposition of the dog to the court  having  jurisdiction  to hear  civil  appeals in the county where the "dangerous dog" finding was made. The owner shall commence such appeal by filing a notice of  appeal with  the  appropriate  court  within  thirty  days  of  the final order pursuant to this section. Court rules governing  civil  appeals  in  the appropriate  jurisdiction  shall  govern  the  appeal of a determination under this section.  (b) Upon filing a notice of appeal from an order of humane  euthanasia pursuant  to  this  section,  such  order  shall be automatically stayed pending final determination of any appeal. In all  other  circumstances, the  owner  of the dog may make application to the court to issue a stay of disposition pending determination of the appeal.   6. The owner of a dog who, through any act  or  omission,  negligently permits  his  or  her  dog  to  bite a person, service dog, guide dog or hearing dog causing physical injury shall be subject to a civil  penalty not  to  exceed four hundred dollars in addition to any other applicable penalties.   7. The owner of a dog who, through any act  or  omission,  negligently permits  his or her dog to bite a person causing serious physical injury shall be subject to a civil penalty not  to  exceed  one  thousand  five hundred  dollars in addition to any other applicable penalties. Any such penalty may be reduced by any amount which is paid as restitution by the owner of the dog to the person or  persons  suffering  serious  physical  injury  as compensation for unreimbursed medical expenses, lost earnings and other damages resulting from such injury.   8.  The  owner  of a dog who, through any act or omission, negligently permits his or her dog, which  had  previously  been  determined  to  be dangerous  pursuant  to  this  article, to bite a person causing serious physical injury, shall be guilty of a misdemeanor punishable by  a  fine of  not more than three thousand dollars, or by a period of imprisonment not to exceed ninety days, or by both  such  fine  and  imprisonment  in addition to any other applicable penalties. Any such fine may be reduced by  any  amount  which is paid as restitution by the owner of the dog to the person or persons suffering serious physical injury as  compensation for  unreimbursed  medical  expenses,  lost  earnings  and other damages resulting from such injury.   9. If any dog, which had previously been  determined  by  a  judge  or justice  to  be a dangerous dog, as defined in section one hundred eight of this article, shall without justification kill or cause the death  of any  person  who is peaceably conducting himself or herself in any place where he or she may lawfully be, regardless of whether such dog  escapes without  fault  of  the  owner,  the  owner shall be guilty of a class A misdemeanor in addition to any other penalties.   10. The owner or lawful custodian of a dangerous dog shall, except  in the  circumstances  enumerated  in  subdivisions four and eleven of this section, be strictly liable for  medical  costs  resulting  from  injury caused  by  such  dog  to  a  person,  companion  animal, farm animal or domestic animal.   11. The owner shall not be liable pursuant to subdivision six,  seven, eight,  nine  or ten of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission  of  a murder, robbery, burglary, arson, rape in the first degree as defined in subdivision  one  or  two  of  section 130.35 of the penal law, criminal sexual act in the first degree as defined in subdivision one or  two  of section  130.50  of  the  penal law or kidnapping within the dwelling or upon the real property of the owner of the dog and the  dog  injured  or killed the person committing such criminal activity.   12.  Nothing  contained  in  this  section shall limit or abrogate any claim or cause of action any person who is  injured  by  a  dog  with  a vicious disposition or a vicious propensity may have under common law or by  statute. The provisions of this section shall be in addition to such common law and statutory remedies.   13. Nothing contained in this section shall restrict  the  rights  and powers  derived  from the provisions of title four of article twenty-one of the public health law relating to rabies and any rule and  regulation adopted pursuant thereto.   14.  Persons  owning,  possessing  or  harboring  dangerous dogs shall report the presence of such  dangerous  dogs  pursuant  to  section  two hundred nine-cc of the general municipal law.