(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:

 

 

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  1. Section 1. Section 107 of the agriculture and markets law is amended
  2. by adding a new subdivision 5 to read as follows:
  3. 5. Nothing contained in this article shall be construed to prevent a
  4. municipality from adopting or enforcing its own program for the control
  5. of dangerous dogs; provided, however, that no such program shall be less
  6. stringent than this article, and no such proqram shall regulate such
  7. dogs in a manner which is specific as to breed.
  8. S 2. Section 108 of the agriculture and markets law is amended by
  9. adding a new subdivision 24 to read as follows;
  10. 24. "Dangerous dog" means any dog which (a) attacks a person, domestic
  11. animal or domesticated dog or cat and causes death or physical injury
  12. when unprovoked, or (b) poses a serious threat of harm or endangers the
  13. safety of persons, domestic animals or domesticated dogs or cats, or (c)
  14. is owned or harbored for the purpose of dog fighting or is trained for
  15. the purpose of dog fighting or engages in dog fighting activities as
  16. described in section three hundred fifty-one of this chapter, or (d) is
  17. tormented, badgered, baited or encouraged to engage in unprovoked
  18. attacks upon persons, domestic animals or domesticated dogs or cats.
  19. S 3. Subdivision 1 of section 118 of the agriculture and markets law
  20. is amended by adding a new paragraph (c) to read as follows;
  21. (c) any dog which is not in the control of its owner or not on the
  22. owner's premises, if there is probable cause to believe the dog is a
  23. dangerous dog, as defined in subdivision twenty-four of section one
  24. hundred eight of this article, and which poses immediate threat to
  25. the public safety. Promptly upon seizure the dog control officer shall
  26. commence a proceeding as provided for in subdivision four of section one
  27. hundred twenty-one of this article.

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  1. S 4 . Section 121 of the agriculture and markets law, as added by chap-
  2. ter 220 of the laws of 1978, subdivision 4 as amended by chapter 843 of
  3. the laws of 1980, is amended to read as follows:
  4. S 121. Dangerous dogs. 1. If any dog shall attack any person who is
  5. peaceably conducting himself in any place where he may lawfully be, such
  6. person or any other person witnessing the attack may destroy 'such dog
  7. while so attacking or while being pursued thereafter, and no liability
  8. in damages or otherwise shall be incurred on account of such
  9. destruction.
  10. 2. If any dog shall attack, chase or worry any domestic animal, as
  11. defined in section one hundred eight of this article or any domesticated
  12. dog or cat, while such animal is in any place where it may lawfully be,
  13. the owner or caretaker of such domestic animal or domesticated dog or
  14. cat, or any other person witnessing such attack may, for the purpose of
  15. preventing the killing or injury of such domestic animal or domesticated
  16. dog or cat, destroy such dog while so attacking, chasing, worrying or
  17. while being pursued thereafter, and no liability in damages or otherwise
  18. shall be incurred on account of such destruction.
  19. 3. Any person may make a complaint of an attack upon a person or of an
  20. attack, chasing or worrying of a domestic animal or domesticated dog or
  21. cat to a dog control officer of the appropriate municipality, Such
  22. officer shall immediately inform the complainant of his right to
  23. commence a proceeding as provided in subdivision four of this section
  24. and, if there is reason to believe the dog is a dangerous dog, the offi-
  25. cer shall forthwith commence such proceeding himself.
  26. 4. Any person may, and any dog control officer as provided in subdivi-
  27. sion three hereof shall, make a complaint under oath or affirmation to
  28. any municipal judge or justice of such attack, chasing or worrying. Any

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  1. dog control officer acting pursuant to paragraph ( c ) of subdivision one
  2. of section one hundred eighteen of this article shall commence a
  3. proceeding to determine if such is a dangerous dog. Thereupon, the
  4. judge or justice shall immediately determine if there is probable cause
  5. to believe the dog is a dangerous dog and, if so, shall issue an order
  6. to any dog control officer, peace officer, acting pursuant to his
  7. special duties, or police officer directing such officer to immediately
  8. seize such dog and hold the same pending judicial determination as here-
  9. in provided. whether or not the judge or justice finds there is probable
  10. cause for such seizure, he shall, within five days and upon written
  11. notice of not less than two days to the owner of the dog, hold a hearing
  12. on the complaint. If satisfied that the dog is a dangerous dog, the
  13. judge or justice shall then order the owner or any dog control officer,
  14. peace officer, acting pursuant to his special duties, or police officer
  15. to [destroy the dog] cause the dog to be euthanized immediately, or
  16. shall order the owner to confine securely such dog permanently or [at
  17. such time as otherwise specified in the] order the owner to securely
  18. confine the dog indoors or in an enclosed or locked pen or structure
  19. permanently or at such time as otherwise specified in the order. Such
  20. pen or enclosure shall have a top and sides and shall be designed
  21. to prevent both the entry of young children and the escape of the dog.
  22. and provide protection from the elements. If the owner fails to destroy
  23. or to confine the dog as required by such order, any dog control offi-
  24. cer, peace officer, acting pursuant to his special duties, or police
  25. officer shall destroy such dog on or off the premises of the owner.
  26. 5 A dog shall not be declared dangerous if the threat, injury or
  27. damage was sustained by a person who, at the time was committing an
  28. offense upon the property of the owner of the dog, or was tormenting,

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  1. abusing or assaulting the dog or has in the past been observed or
  2. reported to have tormented, abused or assaulted the dog.
  3. 6. In addition to an order of confinement, issued pursuant to subdivi-
  4. sion four of this section7 the judge or justice shall order the owner to
  5. securely leash or chain and muzzle the dog and require that the dog be
  6. under phhsica1restraint of a responsible person when not confined. The
  7. muzzle shall be made in a manner that will not cause injury to the dog
  8. or interfere with its vision or respiration but shall prevent it from
  9. biting any person or animal.
  10. 7. The owner of a dog who through any act or omission, negligenty
  11. permits his or her dog to bite a person, domestic animal or domesticated
  12. dog or cat, shall be subject to a civil penalty not to exceed five
  13. hundred dollars.
  14. 8. The owner of a dog who, through any act or omission, neqligently
  15. permits his or her dog, which had previously been determined to be
  16. dangerous pursuant to this article, to bite a person, domestic animal or
  17. domesticated dog or cat, shall be guilty of a misdemeanor and shall be
  18. punished by a fine of not more than five hundred dollars, or by a period
  19. of imprisonment not to exceed ninety days, or by both such fine and
  20. imprisonment.
  21. 9. If any dog, which had previously; been determined by a judge or
  22. justice to be a dangerous dog, as defined in section one hundred eight
  23. of this article, shall kill or cause injury to any person who is peace-
  24. ablv conducting himself in any place where he may lawfully be, regard-
  25. less of whether such dog was on or off the owner's premises, and reguard-less
  26. of whether such dog was on or off a leash or securely chained, or
  27. regardless of whether such dog escapes without fault of the owner, the
  28. owner shall be liable to the person aggrieved as atoresaid, for all

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  1. damages sustained, to be recovered in a civil action with costs and
  2. attorney fees.
  3. 10. The owner shall not be liable pursuant to subdivision six, seven
  4. or eight of this section if the dog was coming to the aid or defense of
  5. a person not engaged in illegal or criminal activity and who was not
  6. using the dog as a of carrying out such activity.
  7. 11. Nothing contained herein shall restrict the rights and powers
  8. derived from the provisions of title four of article twenty-one of the
  9. public health law relating to rabies and any rule and regulation adopted
  10. pursuant thereto.
  11. 5 5. The agriculture and markets law is amended by adding a new
  12. section 352 to read as follows:
  13. S 352 Training a dog for unprovoked attacks upon human beings 1. No
  14. person shall train, torment, badger, bait or use any dog for the purpose
  15. of causing or encouraging said dog to unprovoked attacks upon human
  16. beings. A person found to be in violation of this section shall be guil-
  17. ty of a misdemeanor and shall be punished by a fine of not more than
  18. one thousand dollars, or by a period of imprisonment not to exceed one
  19. year or by both such fine and imprisonment provided however that this
  20. prohibition shall not apply to the training of police work dogs, as that
  21. term is defined in subdivision eighteen of section one hundred eight of
  22. this chater.
  23. 2. Any dog control officer, peace officer, acting pursuant to their
  24. special duties or police officer who has probable cause to believe that
  25. a dog is being owned or harbored for such purpose shall immediately
  26. seize such dog and commence a proceeding pursuant to subdivision four of
  27. section one hundred twenty-one of this chapter.

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  1. s 6. This act shall take effect on the first day of September next
  2. succeeding the date on which it shall have become a law.