(September 8, 1997)THIS IS NOW LAW FOLKS, THANKS TO efforts of AKC, ADOA, citizens at large, dog fanciers, clubs and especially to The Greater N.Y. Rottweiler Club and Anthony DiCicco and of course to AKC and ADOA and others who have fought for this...
YES!! WE WON!!!! ALL of your efforts DO pay off!!!
AN ACT
to amend the agriculture and
markets
law, in relation to regulating
dangerous dogs
The People of the State of
New
York, represented in Senate and
Assembly, do act as follows:
01/23/97 2 07017-01-7
- Section 1. Section 107 of the agriculture
and markets law is amended
- by adding a new subdivision 5 to read as
follows:
- 5. Nothing contained in this article
shall be construed to prevent a
- municipality from adopting or enforcing
its own program for the control
- of dangerous dogs; provided, however,
that no such program shall be less
- stringent than this article, and no
such proqram shall regulate such
- dogs in a manner which is specific as
to breed.
- S 2. Section 108 of the agriculture and
markets law is amended by
- adding a new subdivision 24 to read as
follows;
- 24. "Dangerous dog" means
any dog which (a) attacks a person, domestic
- animal or domesticated dog or cat and
causes death or physical injury
- when unprovoked, or (b) poses a serious
threat of harm or endangers the
- safety of persons, domestic animals or
domesticated dogs or cats, or (c)
- is owned or harbored for the purpose of
dog fighting or is trained for
- the purpose of dog fighting or engages
in dog fighting activities as
- described in section three hundred
fifty-one of this chapter, or (d) is
- tormented, badgered, baited or
encouraged to engage in unprovoked
- attacks upon persons, domestic animals
or domesticated dogs or cats.
- S 3. Subdivision 1 of section 118 of the
agriculture and markets law
- is amended by adding a new paragraph (c)
to read as follows;
- (c) any dog which is not in the control
of its owner or not on the
- owner's premises, if there is probable
cause to believe the dog is a
- dangerous dog, as defined in
subdivision twenty-four of section one
- hundred eight of this article, and
which poses immediate threat to
- the public safety. Promptly upon
seizure the dog control officer shall
- commence a proceeding as provided for
in subdivision four of section one
- hundred twenty-one of this article.
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- S 4 . Section 121 of the agriculture and
markets law, as added by chap-
- ter 220 of the laws of 1978, subdivision 4
as amended by chapter 843 of
- the laws of 1980, is amended to read as
follows:
- S 121. Dangerous dogs. 1. If any dog shall
attack any person who is
- peaceably conducting himself in any place
where he may lawfully be, such
- person or any other person witnessing the
attack may destroy 'such dog
- while so attacking or while being pursued
thereafter, and no liability
- in damages or otherwise shall be incurred
on account of such
- destruction.
- 2. If any dog shall attack, chase or worry
any domestic animal, as
- defined in section one hundred eight of
this article or any domesticated
- dog or cat, while such animal is in
any place where it may lawfully be,
- the owner or caretaker of such domestic
animal or domesticated dog or
- cat, or any other person witnessing
such attack may, for the purpose of
- preventing the killing or injury of such
domestic animal or domesticated
- dog or cat, destroy such dog while
so attacking, chasing, worrying or
- while being pursued thereafter, and no
liability in damages or otherwise
- shall be incurred on account of such
destruction.
- 3. Any person may make a complaint of an
attack upon a person or of an
- attack, chasing or worrying of a domestic
animal or domesticated dog or
- cat to a dog control officer of the
appropriate municipality, Such
- officer shall immediately inform the
complainant of his right to
- commence a proceeding as provided in
subdivision four of this section
- and, if there is reason to believe the dog
is a dangerous dog, the offi-
- cer shall forthwith commence such
proceeding himself.
- 4. Any person may, and any dog control
officer as provided in subdivi-
- sion three hereof shall, make a complaint
under oath or affirmation to
- any municipal judge or justice of such
attack, chasing or worrying. Any
01/23/97 4 07017-01-7
- dog control officer acting pursuant to
paragraph ( c ) of subdivision one
- of section one hundred eighteen of this
article shall commence a
- proceeding to determine if such is a
dangerous dog. 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
- special duties, or police officer
directing such officer to immediately
- seize such dog and hold the same pending
judicial determination as here-
- in provided. whether or not the judge or
justice finds there is probable
- cause for such seizure, he 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. If satisfied that the
dog is a dangerous dog, the
- judge or justice shall then order the
owner or any dog control officer,
- peace officer, acting pursuant to his
special duties, or police officer
- to [destroy the dog] cause the dog to
be euthanized immediately, or
- shall order the owner to confine securely
such dog permanently or [at
- such time as otherwise specified in the]
order the owner to securely
- confine the dog indoors or in an
enclosed or locked pen or structure
- permanently or at such time as
otherwise specified in the order. Such
- pen or enclosure shall have a top and
sides and shall be designed
- to prevent both the entry of young
children and the escape of the dog.
- and provide protection from the
elements. If the owner fails to destroy
- or to confine the dog as required by such
order, any dog control offi-
- cer, peace officer, acting pursuant to his
special duties, or police
- officer shall destroy such dog on or off
the premises of the owner.
- 5 A dog shall not be declared dangerous
if the threat, injury or
- damage was sustained by a person who,
at the time was committing an
- offense upon the property of the owner
of the dog, or was tormenting,
01//23/97 5 07017-0l
- abusing or assaulting the dog or has in
the past been observed or
- reported to have tormented, abused or
assaulted the dog.
- 6. In addition to an order of
confinement, issued pursuant to subdivi-
- sion four of this section7 the
judge or justice shall order the owner to
- securely leash or chain and
muzzle the dog and require that the dog be
- under phhsica1restraint of a
responsible person when not confined. The
- muzzle shall be made in a manner that
will not cause injury to the dog
- or interfere with its vision or
respiration but shall prevent it from
- biting any person or animal.
- 7. The owner of a dog who through any
act or omission, negligenty
- permits his or her dog to bite a
person, domestic animal or domesticated
- dog or cat, shall be subject to a civil
penalty not to exceed five
- hundred dollars.
- 8. The owner of a dog who, through any
act or omission, neqligently
- permits his or her dog, which had
previously been determined to be
- dangerous pursuant to this article, to
bite a person, domestic animal or
- domesticated dog or cat, shall be
guilty of a misdemeanor and shall be
- punished by a fine of not more than
five hundred dollars, or by a period
- of imprisonment not to exceed ninety
days, or by both such fine and
- imprisonment.
- 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 kill or cause
injury to any person who is peace-
- ablv conducting himself in any place
where he may lawfully be, regard-
- less of whether such dog was on or off
the owner's premises, and reguard-less
- of whether such dog was on or off a
leash or securely chained, or
- regardless of whether such dog escapes
without fault of the owner, the
- owner shall be liable to the person
aggrieved as atoresaid, for all
01/23/97 6 07017-01-7
- damages sustained, to be recovered in a
civil action with costs and
- attorney fees.
- 10. The owner shall not be liable
pursuant to subdivision six, seven
- or eight of this section if the dog was
coming to the aid or defense of
- a person not engaged in illegal or
criminal activity and who was not
- using the dog as a of carrying out such
activity.
- 11. Nothing contained herein 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.
- 5 5. The agriculture and markets law is
amended by adding a new
- section 352 to read as follows:
- S 352 Training a dog for unprovoked
attacks upon human beings 1. No
- person shall train, torment, badger,
bait or use any dog for the purpose
- of causing or encouraging said dog to
unprovoked attacks upon human
- beings. A person found to be in
violation of this section shall be guil-
- ty of a misdemeanor and shall be
punished by a fine of not more than
- one thousand dollars, or by a period of
imprisonment not to exceed one
- year or by both such fine and
imprisonment provided however that this
- prohibition shall not apply to the
training of police work dogs, as that
- term is defined in subdivision eighteen
of section one hundred eight of
- this chater.
- 2. Any dog control officer, peace
officer, acting pursuant to their
- special duties or police officer who
has probable cause to believe that
- a dog is being owned or harbored for
such purpose shall immediately
- seize such dog and commence a
proceeding pursuant to subdivision four of
- section one hundred twenty-one of this
chapter.
01//23/97 7 07017-01-7
- s 6. This act shall take effect on the
first day of September next
- succeeding the date on which it shall have
become a law.