NY Agric & Mkts L § 117 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 7 - Licensing, Identification and Control of Dogs 117 - Seizure of Dogs; Redemption Periods; Impoundment Fees; Adoption.

§ 117. Seizure   of   dogs;   redemption  periods;  impoundment  fees; adoption. 1. Any dog control officer or peace officer,  acting  pursuant to  his  special  duties,  or  police  officer in the employ of or under contract to a municipality shall seize:  (a) any dog which is not identified and which is not  on  the  owner's premises;  (b)  any  dog  which  is  not  licensed, whether on or off the owner's premises;  (c) any licensed dog which is not in  the  control  of  its  owner  or custodian  or  not  on  the premises of the dog's owner or custodian, if there is probable cause to believe the dog is dangerous; and  (d) any dog which poses an immediate threat to the public safety.   Promptly upon  seizure  the  dog  control  officer  shall  commence  a proceeding  as  provided  for  in subdivision two of section one hundred twenty-three of this article.   2. Any dog control officer or peace officer, acting  pursuant  to  his special  duties, or police officer in the employ of or under contract to a municipality may seize any dog  in  violation  of  any  local  law  or ordinance  relating  to the control of dogs, adopted by any municipality pursuant to the provisions of this article.   3. Each dog seized in accordance with the provisions of  this  article shall  be  properly sheltered, fed and watered for the redemption period as hereinafter provided.   4. Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized during  which  period the  dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article and further provided that the owner  pays the following impoundment fees:  (a)  not  less  than  ten dollars for the first impoundment of any dog owned by that person;  (b) not less than twenty dollars for the first  twenty-four  hours  or part  thereof and three dollars for each additional twenty-four hours or part thereof for the second impoundment, within one year  of  the  first impoundment, of any dog owned by that person; or  (c)  not  less  than thirty dollars for the first twenty-four hours or part thereof and three dollars for each additional twenty-four hours  or part  thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.   The impoundment fees set forth in paragraphs (a), (b) and (c) of  this subdivision  notwithstanding,  any  municipality may set by local law or ordinance such fees in any amount.   5. All impoundment fees shall be the property of the  municipality  to which  they  are  paid  and  shall be used only for controlling dogs and enforcing this article  and  any  rule,  regulation,  or  local  law  or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering  of  dogs  and  any  facility  as authorized under section one hundred sixteen of this article used therefor,  and  subsidizing  public humane education programs in responsible dog ownership.   6. Promptly upon seizure of any identified dog, the owner of record of such  dog  shall  be  notified  personally  or by certified mail, return receipt requested, of  the  facts  of  seizure  and  the  procedure  for redemption.  If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period  the dog  may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period  of  nine  days  from  the  date  of mailing,  during  which  period the dog may be redeemed by the owner. In either case,  the  owner  may  redeem  such  dog  upon  payment  of  the  impoundment  fees  prescribed by subdivision four of this section and by producing proof that the dog has been licensed.   7.  An  owner  shall  forfeit  title  to  any  dog  unredeemed  at the expiration of the appropriate redemption period, and the dog shall  then be  made  available  for  adoption or euthanized subject to subdivisions six, eight and nine of this section and subject  to  the  provisions  of section three hundred seventy-four of this chapter. Any municipality may by  local  law or ordinance establish additional conditions for adoption including the requirement that adopted dogs shall be spayed or  neutered before  or  after release from custody upon such terms and conditions as the municipality may establish.   7-a. Any animal in the custody of a pound or  shelter  shall  be  made available  for adoption or euthanized subject to subdivisions six, eight and nine of this section and subject to the provisions of section  three hundred  seventy-four  of this chapter after the time for redemption has expired; provided, however, that such release may  be  made  to  another such  pound,  duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or  duly  incorporated  animal protective association for the sole purpose of placing such animal in an adoptive  home,  when  such action is reasonably believed to improve the opportunity for adoption.   8.  The  redemption  periods  set  forth   above   in   this   section notwithstanding,  any  municipality  may  establish the duration of such periods by local law or ordinance, provided that no such period shall be less than three days, except that where notice to the owner is given  by mail, no such period shall be less than seven days.   9.  Any  dog,  owned  by a resident of any city having a population of over two million  or  by  a  non-resident  of  this  state,  seized  and impounded  pursuant  to  the provisions of this article, and whose owner can be identified, shall be subject to subdivision six of this  section. If  the dog is licensed pursuant to the provisions of law of the area of the owner's residence, the licensing requirements of this article  shall not  apply  provided  such dog is not harbored within this state outside any city having a population of over two million for a period  exceeding thirty days.   10.  The  seizure  of  any  dog  shall not relieve any person from any violation provided for by section one hundred eighteen of this article.   11. No liability in damages or otherwise shall be incurred on  account of  the  seizure,  euthanization  or adoption of any dog pursuant to the provisions of this article.