2023 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.
* NB Effective until September 1, 2024
* 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 paragraph (a) or (b) of subdivision one, paragraph (a) or (b)
of  subdivision  two  or  paragraph  (a)  or (b) of subdivision three of
section 130.35 of the penal law, rape in the first degree as defined  in
the  former  subdivision one of section 130.35 of the penal law, a crime
formerly 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.
* NB Effective September 1, 2024
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.