2023 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.