2023 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.
1-a. Notwithstanding the seizure requirements provided in  subdivision
one  of  this  section,  dog  control  officer  or peace officer, acting
pursuant to his or her special duties, or police officer in  the  employ
of  or  under  contract  to  a municipality may, if there is no probable
cause to believe the dog is dangerous, return any  dog  with  a  current
license  directly  to  the  dog's  owner  or  custodian of record at the
address provided on such dog's license.
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.