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ARTICLE 7
of the Agriculture & Markets Law
(Chapters 220 & 221, Laws of 1978)
Relating to
licensing, identification and control of dogs
and animal population control program
Article 25B - Abandoned Animals
Parts 77, 78, & 79 of Title I (care of seized dogs)
Chapter 115 of the Laws of 1894 - Sections 8, 9 & 10
State Finance Law, Section 97-XX
(animal population control program)
DIVISION OF ANIMAL INDUSTRY
Revised January 2005
Section 106. Purpose.
107. Application.
108. Definitions.
109. Licensing of dogs; rabies vaccination requirement.
110. License fees.
111. Disposition of license fees.
111-a. Special and temporary provisions for license fee;
Onondaga county.
112. Identification of dogs.
113. Change of ownership; lost or stolen dog.
114. Dog control officers.
115. Pounds and shelters.
116. Funds expended by municipality for services.
117. Spaying and neutering facilities authorized.
117-a. Animal population control program.
118. Seizure of dogs; redemption periods; impoundment fees;
adoption.
119. Violations.
120. Disposition of fines.
121. Dangerous dogs.
121-a. Exemption from civil liability.
122. Protection of deer.
123. Night quarantine.
124. Local laws or ordinances.
125. Indemnification for dog damage.
126. Duties and powers of commissioner.
106. Purpose. The purpose of this article is to provide for
the licensing and identification of dogs, the control and
protection of the dog population and the protection of
persons, property, domestic animals and deer from dog attack
and damage.
107. Application.
1. This article shall apply to all areas of the state except
any city having a population of over two million except that
the provisions in this article relating to the animal
population control program shall be applicable to the entire
state.
2. In the event that any dog owned by a resident of any city
having a population of over two million or by a non-resident
of this state is harbored within this state outside of any
such city, such dog shall be exempt from the identification
and licensing provisions of this article for a period of
thirty days provided such dog is licensed pursuant to the
provisions of law of the area of residence.
3. This article shall not apply to any dog confined to the
premises of any public or private hospital devoted solely to
the treatment of sick animals, or confined for the purposes
of research to the premises of any college or other
educational or research institution.
4. This article shall not apply to any dog confined to the
premises of any person, firm or corporation engaged in the
business of breeding or raising dogs for profit and licensed
as a class A dealer under the Federal Laboratory Animal
Welfare Act, provided that such person, firm or corporation
has obtained a certificate of exemption. Application for
such certificate shall be made annually to the commissioner
and shall be accompanied by a fee of one hundred dollars.
5. Nothing contained in this article shall prevent a
municipality from adopting 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
program shall regulate such dogs in a manner that is
specific as to breed. Notwithstanding the provisions of
subdivision one of this section, this subdivision and
section one hundred twenty-one of this article shall apply
to all municipalities including cities of two million or
more.
108. Definitions. As used in this article, unless otherwise
expressly stated or unless the context or subject matter
requires otherwise:
1. "Adoption" means the delivery to any natural person
eighteen years of age or older, for the limited purpose of
harboring a pet, of any dog, seized or surrendered, or any
cat.
3. "Clerk" means the clerk of any town, city or village
where licenses are validated or issued pursuant to this
article.
4. "Commissioner" means the state commissioner of
agriculture and markets.
5. "Dog" means any member of the species canis familiaris.
6. "Dog control officer" means any individual appointed by a
municipality to assist in the enforcement of this article or
any authorized officer, agent or employee of an incorporated
humane society or similar incorporated dog protective
association under contract with a municipality to assist in
the enforcement of this article.
7. "Domestic animal" means any domesticated sheep, horse,
cattle, fallow deer, red deer, sika deer, whitetail deer
which is raised under license from the department of
environmental conservation, llama, goat, swine, fowl, duck,
goose, swan, turkey, confined domestic hare or rabbit,
pheasant or other bird which is raised in confinement under
license from the state department of environmental
conservation before release from captivity, except that the
varieties of fowl commonly used for cock fights shall not be
considered domestic animals for the purposes of this
article.
8. "Euthanize" means to bring about death by a humane
method.
9. "Guide dog" means any dog that is trained to aid a person
who is blind and is actually used for such purpose, or any
dog owned by a recognized guide dog training center located
within the state during the period such dog is being trained
or bred for such purpose.
10. "Harbor" means to provide food or shelter to any dog.
11. "Identification tag" means a tag which sets forth an
official identification number as required by the provisions
of this article.
12. "Identified dog" means any dog carrying an
identification tag as provided in section one hundred twelve
of this article.
13. "Municipality" means any county, town, city and village.
14. "Official identification number" means a series or
combination of letters, numbers or symbols approved and
furnished by the commissioner.
15. "Owner" means any person who harbors or keeps any dog.
16. "Owner of record" means the person in whose name any dog
was last licensed pursuant to either subdivision one or
subdivision two of section one hundred nine of this article,
except that if any license is issued on application of a
person under eighteen years of age, the owner of record
shall be deemed to be the parent or guardian of such person.
If it cannot be determined in whose name any dog was last
licensed or if the owner of record has filed a statement
pursuant to the provisions of section one hundred thirteen
of this article, the owner shall be deemed to be the owner
of record of such dog, except that if the owner is under
eighteen years of age, the owner of record shall be deemed
to be the parent or guardian of such person.
17. "Person" means any individual, corporation, partnership,
association or other organized group of persons,
municipality, or other legal entity.
18. "Police work dog" means any dog owned or harbored by any
state or municipal police department or any state or federal
law enforcement agency, which has been trained to aid law
enforcement officers and is actually being used for police
work purposes.
19. "Recognized registry association" means any registry
association that operates on a nationwide basis, issues
numbered registration certificates and keeps such records as
may be required by the commissioner.
20. "War dog" means any dog which has been honorably
discharged from the United States armed services.
21. "Hearing dog" means any dog that is trained to aid a
person with a hearing impairment and is actually used for
such purpose, or any dog owned by a recognized training
center located within the state during the period such dog
is being trained or bred for such purpose.
22. "Service dog" means any dog that has been or is being
individually trained to do work or perform tasks for the
benefit of a person with a disability, provided that the dog
is or will be owned by such person or that person's parent,
guardian or other legal representative.
23. "Person with a disability" means any person with a
disability as that term is defined in subdivision twenty-one
of section two hundred ninety-two of the executive law.
24.
"Dangerous dog" means any dog which
without justification attacks a person, companion animal as
defined in subdivision five of section three hundred fifty
of this chapter, farm animal as defined in subdivision four
of section three hundred fifty of this chapter or domestic
animal as defined in subdivision seven of this section and
causes physical injury or death, or
behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious
physical injury or death to one or more persons, companion
animals, farm animals or domestic animals or (iii) without
justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
"Dangerous dog" does not include a police work dog, as
defined in subdivision eighteen of this section, which acts
in the manner described in this paragraph while such police
work dog is being used to assist one or more law enforcement
officers in the performance of their official duties.
25. "Working search dog" means any dog that is trained to
aid in the search for missing persons, is actually used for
such purpose and is registered with the department;
provided, however, that such services provided by said dog
shall be performed without charge or fee.
26. "Therapy dog" means any dog that is trained to aid the
emotional and physical health of patients in hospitals,
nursing homes, retirement homes and other settings and is
actually used for such purpose, or any dog owned by a
recognized training center located within the state during
the period such dog is being trained or bred for such
purpose.
27. "Detection dog" means any dog that is trained and is
actually used for such purposes or is undergoing training to
be used for the purpose of detecting controlled substances,
explosives, ignitable liquids, firearms, cadavers, or school
or correctional facility contraband.
28. "Physical injury" means impairment of physical condition
or substantial pain.
29. "Serious physical injury" means physical injury which
creates a substantial risk of death, or which causes death
or serious or protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the
function of any bodily organ.
109. Licensing of dogs; rabies vaccination requirement.
1. Licensing of dogs.
The owner of any dog reaching the age of four months shall
immediately make application for a dog license. No license
shall be required for any dog which is under the age of four
months and which is not at large. A license shall be renewed
after a period of one year beginning with the first day of
the month following the date of issuance and shall be
renewable annually thereafter prior to the expiration date,
provided that any municipality, authorized to issue licenses
pursuant to this article, which has a population not
exceeding two thousand five hundred may, upon the approval
of and pursuant to rules and regulations promulgated by the
commissioner, establish a common renewal date for all such
licenses.
Application for a dog license shall be made to the clerk of
the town or city or, in the counties of Nassau and
Westchester, incorporated village in which the dog is
harbored or to the village clerk of those villages in the
county of Rockland with a population of fifteen thousand or
more which have elected to accept applications pursuant to
the provisions of this paragraph or to the village clerk of
the village of Newark in the county of Wayne upon the
election of the village of Newark pursuant to the provisions
of this paragraph. Provided, however, that in the counties
of Nassau and Westchester, the board of trustees of any
incorporated village may by resolution provide that
applications for licenses shall no longer be made to the
village clerk, but to the clerk of the town in which the
village is situated. If such resolution is approved by the
town board of the town in which the village is situated,
such resolution shall become effective not less than six
months after a certified copy of such resolution of the
village board and of the resolution of approval of the town
board shall have been filed with the commissioner. Provided
further, however, that in the county of Rockland, the board
of trustees of any incorporated village with a population of
fifteen thousand or more may by resolution provide that
application for licenses shall be made to the village clerk.
Provided further, however, that in the county of Wayne, the
board of trustees of the village of Newark may by resolution
provide that application for licenses shall be made to the
village clerk. If such resolution is approved by the town or
towns in which the village is located, it shall become
effective not less than six months after a certified copy of
such approved resolution shall have been filed with the
commissioner. The governing body of any town or city or, in
the counties of Nassau and Westchester, incorporated village
or in the county of Rockland, those villages with a
population of fifteen thousand or more which have so elected
to accept applications or in the county of Wayne, the
village of Newark if such village has so elected to accept
applications may, on resolution of such body, authorize that
such application be made to one or more named dog control
officers of any such town, city or village. The issuance of
any license by any such officer shall be under the control
and supervision of the clerk. In the case of a seized dog
being redeemed or a dog being otherwise obtained from a
county animal shelter or pound, such application may be made
to the county dog control officer in charge of such facility
provided such officer has been authorized by the
commissioner to accept such applications. In the case of a
dog being redeemed or a dog being adopted from a shelter or
pound established, maintained or contracted for, pursuant to
section one hundred fifteen of this article, such
application may be made to the manager of such facility,
provided such manager has been authorized by the
commissioner to accept such application. Such authorization
shall be requested by the governing body of the pound or
shelter and the granting or denial of such authorization
shall be in the discretion of the commissioner.
The application shall state the sex, actual or approximate
age, breed, color, and official identification number of the
dog, and other identification marks, if any, and the name,
address, telephone number, county and town, city or village
of residence of the owner.
The application shall be accompanied by the license fee
prescribed by section one hundred ten of this article and a
certificate of rabies vaccination or statement in lieu
thereof, as required by subdivision three of this section.
In the case of a spayed or neutered dog, every application
shall also be accompanied by a certificate signed by a
licensed veterinarian or an affidavit signed by the owner,
showing that the dog has been spayed or neutered, provided
such certificate or affidavit shall not be required if the
same is already on file with the clerk or authorized dog
control officer. In lieu of the spay or neuter certificate
an owner may present a statement certified by a licensed
veterinarian stating that he has examined the dog and found
that because of old age or other reason, the life of the dog
would be endangered by spaying or neutering. In such case,
the license fee for the dog shall be the same as for a
spayed or neutered dog as set forth in paragraph (a) of
subdivision one of section one hundred ten of this article.
Upon validation by the clerk, authorized dog control officer
or authorized pound or shelter manager, the application
shall become a license for the dog described therein. Once
an application has been validated, no refund therefor shall
be made.
The clerk, authorized dog control officer or authorized
pound or shelter manager shall:
provide a copy of the license to the owner;
send, by the fifth day of the month following the month of
license issuance, a copy of the license, or a report of the
information contained therein, to the commissioner; and
retain a record of the license in the manner prescribed by
the commissioner. In addition, the authorized pound or
shelter manager shall send, within forty-eight hours of
validation, a copy of the license to the licensing
municipality within which the dog is to be harbored.
No license shall be transferable. Upon the transfer of
ownership of any dog, the new owner shall immediately make
application for a license for such dog.
Notwithstanding the provisions of any general, special or
local law, or any rule or regulation to the contrary, the
clerk, authorized dog control officer or authorized pound or
shelter manager in municipalities having a population of
less than one hundred thousand shall send to the
commissioner a copy of the validated license, or a report of
the information therein, by the fifth day of the month
following the month of license issuance. In addition, the
authorized dogcontrol officer or authorized pound or shelter
manager in such municipalities shall, within five business
days after the license has been validated, send a copy of
the validated license to the licensing municipality in which
the dog is to be harbored.
2. Purebred license.
The owner of one or more purebred dogs registered by a
recognized registry association may annually make an
application for a purebred license, in lieu of or in
addition to the individual licenses required by subdivision
one of this section. A purebred license shall be valid for a
period of one year beginning with the first day of the month
following the date of issuance and shall be renewable
annually thereafter prior to the expiration date.
Such application shall be made to the person specified in
paragraph (b) of subdivision one of this section.
The application shall state the name, address and telephone
number of the owner; the county and city, town or village
where such dogs are harbored; the sex, breed, registry name
and number of each purebred registered dog over the age of
four months which is harbored on the premises; and the sex
and breed of each purebred dog over the age of four months
which is harbored on the premises and which is eligible for
registration. The application shall also include a statement
by the owner that all purebred dogs over the age of four
months which are harbored on the premises have been listed.
The application shall be accompanied by the license fee
prescribed by section one hundred ten of this article and a
certificate of rabies vaccination or statement in lieu
thereof, as required by subdivision three of this section.
Upon receipt of the foregoing items, the clerk or authorized
dog control officer shall assign a license number, which
shall be reserved for the sole use of the named owner, and
shall issue a purebred license. Once a purebred license has
been issued, no refund therefor shall be made.
The clerk, authorized dog control officer or authorized
pound or shelter manager shall:
provide a copy of the purebred license to the owner;
send, by the fifth day of the month following the month of
license issuance, a copy of the purebred license, or a
report of the information contained therein, to the
commissioner; and
retain a record of the purebred license in the manner
prescribed by the commissioner. In addition, the authorized
dog control officer or authorized pound or shelter manager
shall send, within forty-eight hours of validation, a copy
of the license to the licensing municipality within which
the dog is to be harbored.
No purebred license shall be transferable. Upon change of
ownership of any dog licensed under a purebred license, such
dog shall become subject to the licensing provisions of
subdivision one of this section, except when the new owner
holds a valid purebred license.
Notwithstanding the provisions of any general, special or
local law, or any rule or regulation to the contrary, the
clerk, authorized dog control officer or authorized pound or
shelter manager in municipalities having a population of
less than one hundred thousand shall send to the
commissioner a copy of the validated license, or a report of
the information contained therein, by the fifth day of the
month following the month of license issuance. In addition,
the authorized dog control officer or authorized pound or
shelter manager in such municipalities shall, within five
business days after the license has been validated, send a
copy of the validated license to the licensing municipality
within which the dog is to be harbored.
3. The clerk, authorized dog control officer or authorized
pound or shelter manager, at the time of issuing any license
pursuant to this article, shall require the applicant to
present a statement certified by a licensed veterinarian
showing that the dog or dogs have been vaccinated to prevent
rabies or, in lieu thereof, a statement certified by a
licensed veterinarian stating that because of old age or
other reason, the life of the dog or dogs would be
endangered by the administration of vaccine. The clerk,
authorized dog control officer or pound or shelter manager
shall make or cause to be made from such statement a record
of such information as may be required by the commissioner
and shall file such record with a copy of the license.
110. License fees.
1. The annual fee for each dog license issued pursuant to
subdivision one of section one hundred nine of this article
shall be:
two dollars and fifty cents for each spayed or neutered dog;
seven dollars and fifty cents for each unspayed or
unneutered dog.
2. The annual fee for each purebred license issued pursuant
to subdivision two of section one hundred nine of this
article shall be:
twenty-five dollars, if no more than ten registered purebred
dogs or purebred dogs eligible for registration over the age
of six months are harbored on the owner's premises at the
time of the application;
fifty dollars, if no more than twenty-five registered
purebred dogs or purebred dogs eligible for registration
over the age of six months are harbored on the premises at
the time of application; or
one hundred dollars, if more than twenty-five registered
purebred dogs or purebred dogs eligible for registration
over the age of six months are harbored on the premises at
the time of application.
3. There shall be no fee for any license issued for any
guide dog, hearing dog, service dog, war dog, working search
dog, detection dog, police work dog or therapy dog. Each
copy of any license for such dogs shall be conspicuously
marked "Guide Dog," "Hearing Dog," "Service Dog", "Working
Search Dog", "War Dog", "Detection Dog", "Police Work Dog,"
or "Therapy Dog", as may be appropriate, by the clerk or
authorized dog control officer.
4.
Any town or city or any village issuing licenses pursuant to
the provisions of this article may, by local law or
ordinance, set license fees in addition to those set by
subdivisions one and two of this section, provided that the
total fee for an unspayed or unneutered dog shall be at
least five dollars more than the total fee for a spayed or
neutered dog, and further provided that such additional fees
shall not exceed, in the case of subdivision one of this
section, ten dollars and, in the case of subdivision two of
this section, twenty-five dollars. Such additional fees
shall be the property of the municipality setting the same
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 seventeen of this
article used therefor, and subsidizing public humane
education programs in responsible dog ownership.
Any town, city or village enacting the provisions of
paragraph a of this subdivision may adopt a resolution
exempting from the payment of such additional fees, dogs
owned by one or more persons each of whom is sixty-five
years of age or over.
In addition to the fee charged pursuant to subdivisions one
and two of this section, any person applying for a dog or
purebred license shall pay a fee of three dollars for any
dog four months of age or older which has not been spayed or
neutered unless an owner presents with the license
application a statement certified by a licensed veterinarian
stating that he or she has examined the dog and found that
because of old age or other reason, the life of the dog
would be endangered by spaying or neutering. All fees
collected pursuant to the provisions of this paragraph shall
be forwarded by the commissioner to the state comptroller
for deposit in the animal population control fund, created
pursuant to section ninety-seven-xx of the state finance law
and section one hundred seventeen-a of this article.
In addition to any other applicable fee, any person applying
for a dog or purebred license for a dog identified as
unlicensed during an enumeration conducted pursuant to
subdivision seven of section one hundred fourteen of this
article shall pay a fee of five dollars. Such additional fee
shall be the property of the licensing municipality and
shall be used to pay the expenses incurred by the
municipality in conducting the enumeration. In the event the
additional fees collected exceed the expenses incurred by
the municipality in conducting an enumeration in any year,
such excess fees may be used by the municipality for any
other lawful purpose.
111. Disposition of license fees.
1.
On or before the fifth day of each month, the clerk or
authorized county dog control officer shall remit to the
appropriate county financial officer forty-seven percent of
all license fees, except those exempted by paragraphs a, b
and c of subdivision four of section one hundred ten of this
article, collected during the preceding month. The
remittance shall be accompanied by a report of license sales
made during said month. A copy of such report shall
simultaneously be sent to the commissioner. The balance of
such license fees shall be the property of the reporting
municipality 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 seventeen
of this article, used therefor, and subsidizing public
humane education programs in responsible dog ownership.
On or before the fifth day of each month, the authorized
pound or shelter manager shall remit to the financial
officer of the county within which the shelter is located,
forty-seven percent of all license fees, except those
exempted by paragraphs a, b and c of subdivision four of
section one hundred ten of this article, collected during
the preceding month. The remittance shall be accompanied by
a report of license sales made during said month. A copy of
such report shall simultaneously be sent to the
commissioner. The authorized pound or shelter manager shall
remit the balance of such license fees to the financial
officer of the licensing municipality within which the
shelter is located. The fees remitted to the municipality
shall be the property of that municipality 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 seventeen of this article, used therefor, and
subsidizing public humane education programs in responsible
dog ownership.
2. On the fifteenth day of each month, the county financial
officer shall remit to the commissioner thirty-six percent
of all license fees received by the county under this
article. The moneys retained by the county shall be used 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 seventeen of this article, used therefor, and
subsidizing public humane education programs in responsible
dog ownership, and may also be used for the prevention and
investigation of cruelty to animals.
3. On or before the first day of February in each year, the
county financial officer shall apportion and pay to the
appropriate financial officer of each town, city and village
in the county, ratably to the annual remittance made to the
county by such town, city or village, seventy-five percent
of any portion of the moneys not expended by the county
during the preceding calendar year for the purposes set
forth in subdivision two of this section. Such moneys shall
be used by the towns, cities and villages only for the
purposes set forth in subdivision one of this section.
4.
The moneys received by the commissioner pursuant to
subdivision two of this section shall be paid into the state
treasury, and shall, so far as necessary, be appropriated
annually by the legislature to the department to be used by
the commissioner in supervising the enforcement of and in
implementing this article and rules and regulations
promulgated pursuant thereto, including, without limitation,
the issuance of special identification tags for guide dogs,
service dogs, hearing dogs and detection dogs. In addition,
from such moneys paid into the state treasury, the
legislature shall appropriate annually to the New York State
Veterinary College at Cornell a sum equivalent to ten cents
for each dog licensed annually, to be used by the college to
conduct studies into diseases of dogs and to search for and
study viruses that affect man and animals, or to study and
develop a pharmaceutical contraceptive for dogs.
The commissioner shall also remit to the state treasury the
moneys received by him pursuant to the dog license law of
the city of New York (section eight-a of chapter one hundred
fifteen of the laws of eighteen hundred ninety-four, as
added by chapter one thousand two of the laws of nineteen
hundred seventy). Such moneys shall be appropriated annually
by the legislature to the veterinary college for the
purposes set forth in paragraph (a) above.
The expenditure of moneys from license fees appropriated to
support research conducted at the New York State College of
Veterinary Medicine at Cornell into canine diseases
affecting humans and animals shall not exceed the annual
revenues obtained from fees received under this section for
such purposes.
* 5.
On or before the fifteenth day of each month, the clerk of
any city, town or village located in Nassau county where
licenses are validated or issued pursuant to this article
shall remit directly to the commissioner sixteen and
ninety-two hundredths percent of all license fees collected
during the preceding month, except the fees exempted by
subdivision four of section one hundred ten of this article.
The remittance shall be accompanied by a report of license
sales made during such preceding month.
The remaining eighty-three and eight hundredths percent of
such license fees shall be the property of the reporting
municipality and shall be used only for controlling dogs and
enforcing the provisions of this article and any rule or
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 seventeen of this article, used therefor, and
subsidizing public humane education programs in responsible
dog ownership.
On or before the fifth day of each month, the authorized
pound or shelter manager of each pound or shelter located in
Nassau county shall remit directly to the commissioner
sixteen and ninety-two hundredths percent of all license
fees collected during the preceding month, except the fees
exempted by subdivision four of section one hundred ten of
this article. The remittance shall be accompanied by a
report of license sales made during such preceding month.
On or before the fifth day of the month, the authorized
pound or shelter manager shall remit to the financial
officer of the licensing municipality within which the
shelter is located, the remaining license fees collected
during the preceding month, including those collected
pursuant to subdivision four of section one hundred ten of
this chapter. Such fees shall be the property of the
municipality 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 seventeen
of this article, used therefor, and subsidizing public
humane education programs in responsible dog ownership.
* NB There are 2 sub. 5's
* 5. Notwithstanding any other provision in this article, on
or before the fifth day of each month, all clerks and
authorized county dog control officers and authorized pound
and shelter managers shall remit to the commissioner all
moneys they received during the preceding month pursuant to
paragraph c of subdivision four of section one hundred ten
of this article. The remittance shall be accompanied by a
report of license sales to persons who paid the additional
three dollar license fee. Such report shall also contain
such other information as the commissioner may require by
rule or regulation.
* NB There are 2 sub. 5's
111-a. Special and temporary provisions for license fee;
Onondaga county.
1. For the nineteen hundred eighty-six, nineteen hundred
eighty-seven and nineteen hundred eighty-eight calendar
years the aggregate amount of license fees collected by the
county of Onondaga that must be remitted to the commissioner
shall be the lesser of
thirty-six percent of all license fees received by such
county under this article during such year, or
an amount equal to the amount remitted to the commissioner
during the nineteen hundred eighty-five calendar year
pursuant to the provisions of subdivision two of section one
hundred eleven of this chapter. Monthly payments shall be
made by the county financial officer of such county to the
commissioner in accordance with the provisions of such
subdivision provided however, that whenever the aggregate
amount so remitted during any of such year equals either of
such amounts as hereinabove provided no additional
remittance shall be required for the remainder of such year.
2. The amount by which the fees which would otherwise be
remitted by such county to the commissioner pursuant to
subdivision two of section one hundred eleven of this
article exceeds the amount actually remitted pursuant to the
provisions of subdivision one of this section shall be used
by such county for controlling dogs, including subsidizing
the spaying or neutering of dogs and any facility used
therefor; subsidizing public humane education programs in
responsible dog ownership and the prevention and
investigation of cruelty to animals.
112. Identification of dogs.
1. Each dog licensed pursuant to subdivision one of section
one hundred nine of this article shall be assigned, at the
time the dog is first licensed, a permanent official
identification number. Such identification number shall be
carried by the dog on an identification tag which shall be
affixed to a collar on the dog at all times, provided that a
dog participating in a dog show shall be exempt from this
requirement during such participation.
2. The official identification number shall constitute the
official identification of the dog to which it is assigned,
regardless of changes of ownership, and the number shall not
be reassigned to any other dog during the lifetime of the
dog to which it is assigned.
3. At the time a dog is first licensed, one identification
tag shall be furnished to the owner at no charge. Any
replacement tag shall be obtained by the owner at his
expense at a fee and in a manner prescribed by the
commissioner.
4. No tag carrying an official identification number shall
be affixed to the collar of any dog other than the one to
which that number has been assigned.
5. The holder of a purebred license may procure, at his
expense, any number of tags imprinted with the same number
as the purebred license. One such tag shall be affixed to
the collar of each dog harbored pursuant to the purebred
license at all times, provided that a dog participating in a
dog show shall be exempt from this requirement during such
participation. Such a tag shall be affixed only to the
collar of a dog owned by the holder of the purebred license
and harbored on his premises.
6. The shape, size and form of imprints on identification
tags and purebred license tags shall be prescribed by the
commissioner, and any tag bearing an imprint other than that
prescribed shall not constitute valid identification for the
purposes of this article.
7. The applicant for a license for any guide dog, service
dog, hearing dog or detection dog may procure a special tag
for identifying such dog. This special tag shall be in
addition to the identification tag required by subdivision
one of this section. The commissioner shall prescribe the
shape, size, color, and form of imprint of the tag which
shall be a different color and shape than the official
identification tag. Upon application, the commissioner shall
furnish such tags without payment of a fee.
8. Fees received by the department pursuant to this section
shall be deposited in an account within the miscellaneous
special revenue fund.
113. Change of ownership; lost or stolen dog.
1. In the event of a change in the ownership of any dog
which has been assigned an official identification number or
in the address of the owner of record of any such dog, the
owner of record shall, within ten days of such change, file
with the commissioner a written report of such change. Such
owner of record shall be liable for any violation of this
article until such filing is made or until the dog is
licensed in the name of the new owner.
2. If any dog which has been assigned an official
identification number is lost or stolen, the owner of record
shall, within ten days of the discovery of such loss or
theft file with the commissioner a written report of such
loss or theft. In the case of a loss or theft, the owner of
record of any such dog shall not be liable for any violation
of this article committed after such report is filed.
3. In the case of a dog's death, the owner of record shall
so notify the commissioner either prior to renewal of
licensure or upon the time of such renewal as set forth in
subdivision one of section one hundred nine of this chapter.
Until such time that the commissioner files such information
with the central registry of official identification
numbers, said number shall not be reassigned. Failure to
notify the commissioner of the death of a dog as so required
herein shall constitute a violation and the owner of record
shall be held liable.
114. Dog control officers.
1. Each town and city, and each village in which licenses
are issued, shall appoint, and any other village and any
county may appoint, one or more dog control officers for the
purpose of assisting, within the appointing municipality,
with the control of dogs and the enforcement of this article
and rules and regulations promulgated pursuant thereto.
2. In lieu of or in addition to the appointment of a dog
control officer or officers, any town or city, or any
village in which licenses are issued shall, and any other
village and any county may, contract for dog control officer
services with any other municipality or with any
incorporated humane society or similar incorporated dog
protective association, or shall appoint, jointly with one
or more other municipalities, one or more dog control
officers having jurisdiction in each of the cooperating
municipalities.
3. The commissioner may appoint as many state dog control
officers as he deems necessary to supervise the provisions
of this article and any rules and regulations adopted
pursuant thereto.
4. Every dog control officer shall have the power to issue
an appearance ticket pursuant to section 150.20 of the
criminal procedure law, to serve a summons and to serve and
execute any other order or process in the execution of the
provisions of this article. In addition, any dog control
officer or any peace officer, when acting pursuant to his
special duties, or police officer, who is authorized by a
municipality to assist in the enforcement of this article
may serve any process, including an appearance ticket, a
uniform appearance ticket and a uniform appearance ticket
and simplified information, related to any proceeding,
whether criminal or civil in nature undertaken in accord
with the provisions of this article or any local law or
ordinance promulgated pursuant thereto.
5. Every dog control officer, peace officer, when acting
pursuant to his special duties or police officer shall
promptly make and maintain a complete record of any seizure
and subsequent disposition of any dog. Such record shall
include, but not be limited to, a description of the dog,
the date and hour of seizure, the official identification
number of such dog, if any, the location where seized, the
reason for seizure, and the owner's name and address, if
known.
6. Every dog control officer shall file and maintain, in the
manner prescribed by the commissioner, such records as may
be required by this article or rules and regulations
promulgated pursuant thereto, and shall make such reports to
the commissioner as may be required thereby.
7. The governing body of any municipality in which licenses
are issued, may, either individually or in cooperation with
other municipal entities, require its dog control officer or
animal control officer or any other authorized agent to
ascertain and list the names of all persons in the
municipality owning or harboring dogs, or in lieu thereof,
such municipality may contract to have the same done.
115. Pounds and shelters.
1. Each town and city, and each village in which licenses
are issued shall, and any other village and any county may,
establish and maintain a pound or shelter for dogs.
2. In lieu of or in addition to establishing and maintaining
such pound or shelter, any town or city, or any village in
which licenses are issued shall, and any other village and
any county may, contract for pound or shelter services with
any other municipality or with any incorporated humane
society or similar incorporated dog protective association,
or shall establish and maintain, jointly or with one or more
other municipalities, a pound or shelter.
116. Funds expended by municipality for services.
No municipality shall be required to expend in any calendar
year for dog control officer and pound or shelter services
undertaken pursuant to this article, an amount of money
greater than it receives during such year pursuant to this
article and any local law or ordinance enacted pursuant
thereto.
117. Spaying and neutering facilities authorized.
1. Any municipality may, by local law or ordinance, provide
for the establishment and operation of a facility to provide
services for the alteration of the reproductive capacity
through spaying or neutering of dogs and cats owned by the
residents thereof.
2. Any animal which is presented at such facility for
alteration must be accompanied by a notarized authorization
signed by the owner thereof consenting to such alteration
and agreeing to hold the municipality, its agents, servants
and employees harmless for any damages arising therefrom or
incidental thereto.
3. Any municipality enacting a local law or ordinance as
authorized by this section shall further provide for the
regulation of such facility with respect to the terms and
conditions, including compensation, under which any animal
will be maintained while the animal remains in the custody
of the facility.
4. In no event shall any of the moneys or fees derived from,
or collected pursuant to, the provisions of this article
except as provided in paragraph c of subdivision four of
section one hundred ten of this article and section one
hundred seventeen-a of this article be used to subsidize the
spaying or neutering of cats.
117-a. Animal population control program.
1. The department shall establish and implement an animal
population control program. The purpose of this program
shall be to reduce the population of unwanted and stray dogs
and cats thereby reducing potential threats to public health
and safety posed by the large population of these animals.
This program shall seek to accomplish its purpose by
encouraging residents of New York state who are the owners
of dogs and cats to have them spayed or neutered by
providing low-cost spaying and neutering services to such
owners meeting the criteria enumerated in subdivision two of
this section. The department shall use its best efforts to
encourage every adoption facility that qualifies for
participation in the low-cost spay-neuter program to do so
to the maximum possible extent.
2. In order to be eligible to participate in the animal
population control program, and therefore, be entitled to
the low-cost spay/neuter services provided for herein, an
owner of a dog or cat shall be a resident of New York state
and shall submit proof to a veterinarian participating in
the program in the form of an adoption agreement that their
dog or cat was adopted from a pound, shelter, duly
incorporated society for the prevention of cruelty to
animals, humane society or dog or cat protective
association.
2-a. Notwithstanding the provisions of subdivision two of
this section, no resident shall be entitled to participate
in the low cost spay/neuter program implemented by this
section if the animal to be spayed or neutered:
was imported or caused to be imported from outside the
state;
was adopted from an otherwise qualifying pound, shelter,
duly incorporated society for the prevention of cruelty to
animals, humane society or dog or cat protective association
which included the cost of a spaying or neutering procedure
in the cost of the adoption;
was spayed or neutered by an otherwise eligible veterinarian
who is employed by otherwise qualifying pounds, shelters,
duly incorporated societies for the prevention of cruelty to
animals, humane societies or dog or cat protective
associations except to the extent that they shall have
performed spay/neuter procedures in excess of the number of
such procedures done upon animals adopted from such facility
during nineteen hundred ninety-four; or
was adopted from any facility that as a condition of
adoption, required or encouraged the utilization of a
specific veterinarian or veterinary facility to perform such
spay or neuter procedure. The establishment of such
conditions by a facility shall constitute grounds for the
disqualification of such facility to participate in the
program. Nothing contained in this section shall be
construed as precluding a facility from informing a person
adopting an animal of the identity of those participating
veterinarians in the vicinity of such facility in addition
to providing them with the voucher provided under this
section and any accompanying materials.
3. Any person submitting a dog or cat for spaying or
neutering pursuant to the provisions of this section shall:
Furnish any licensed veterinarian of this state
participating in the program with proof that the owner meets
the eligibility criteria pursuant to the provisions of
subdivisions two and two-a of this section;
Sign a consent form certifying that the person is the owner
of the dog or cat or is authorized by the owner to present
the dog or cat for the procedure;
Pay a fee of thirty dollars to the veterinarian
participating in the program.
4.
Any licensed veterinarian of this state including, but not
limited to, licensed veterinarians working at municipal
facilities which provide dog and cat spaying and neutering
services, other than with respect to animals who would not
be eligible pursuant to subdivision two-a of this section
may participate in the program upon filing with the
commissioner an application therefor, on forms prescribed by
the commissioner, which application shall certify, in
addition to any other information requested by the
commissioner, an animal sterilization fee schedule listing
the fees charged for spaying and neutering in the normal
course of business and for the presurgical immunization of
dogs against distemper, hepatitis, leptospirosis, parvovirus
and rabies, or if deemed necessary for the presurgical
immunization of cats against feline panleukopenia, calici,
pneumonitis, rhinotracheitis and rabies, as the case may be
on the first day of January two thousand one and the first
day of January each third year thereafter and the number of
spay/neuter procedures done by such facility during such
period. Additionally, such licensed veterinarian shall
certify that the fees charged for procedures and
vaccinations for which reimbursement is sought are equal to
or less than the lowest fees charged to a private client for
such procedures during the previous year. The veterinarian
shall also provide the name of the veterinarian, animal
hospital, veterinary clinic or other entity to which such
reimbursement is to be made. These fees may vary with the
animal's weight, sex and species. The commissioner may,
however, disqualify from participation in the program any
veterinarian whose fees are deemed unreasonable. Nothing
contained in this subdivision shall limit the right of the
state education department to undertake such actions as it
may deem necessary to enforce the provisions of article one
hundred thirty-five of the education law.
Licensed veterinarians of this state participating in the
program shall provide, if deemed necessary, for the
presurgical immunization of dogs against distemper,
hepatitis, leptospirosis, parvovirus and rabies, or if
deemed necessary, for the presurgical immunization of cats
against feline panleukopenia, calici, pneumonitis,
rhinotracheitis and rabies, as the case may be. Charges for
such services to the owner or person submitting the dog or
cat for spaying or neutering shall be no more than fifty
percent of the amount certified pursuant to paragraph (a) of
this subdivision. In addition to other reimbursement to
which a licensed veterinarian may be entitled under this
section, a veterinarian may seek reimbursement for expenses
incurred as a direct result of extraordinary circumstances
which occurred during the course of a spay/neuter procedure
up to an amount approved by the department which shall not
exceed twenty percent of such veterinarian's fee for
performing such procedure.
The state comptroller upon the submission of vouchers by the
commissioner shall, to the extent that monies are available
from the animal population control fund, reimburse
participating veterinarians for eighty percent of the
balance of the fee charged pursuant to paragraph (a) of this
subdivision, and after deducting that portion of the fee
already paid to the veterinarian by those persons
participating in the program pursuant to paragraph (c) of
subdivision three of this section, for each animal spaying
and neutering procedure administered after the submission to
the commissioner of an animal sterilization certificate,
prescribed by the commissioner, signed by the veterinarian
and the owner of the animal or person authorized by the
owner, for each spaying and neutering procedure performed in
conjunction with the animal population control program.
Notwithstanding the foregoing provisions, the state
comptroller shall not reimburse veterinarians for any
voucher which shall have been issued by the commissioner
more than one year prior to the date upon which it is
submitted to the commissioner unless the commissioner shall
indicate good cause for the payment of such voucher. If the
moneys are not immediately available from such fund, the
commissioner shall give priority to approving reimbursement
to participating veterinarians from counties from which the
amount of fees deposited in such fund, after taking into
consideration the administrative expenses to which the
department is entitled, exceeds the money paid out to
participating veterinarians in such counties. The
participating veterinarian shall submit to the commissioner
within sixty days of each animal spaying and neutering
procedure an animal sterilization certificate for the
purposes of reimbursement. Notwithstanding the provisions of
this paragraph, the commissioner shall not approve
reimbursement to municipal facilities, not-for-profit
organizations, pounds, shelters, duly incorporated societies
for the prevention of cruelty to animals, humane societies
or dog or cat protective associations except to the extent
that they shall have performed spay/neuter procedures in
excess of the number of such procedures done by it during
nineteen hundred ninety-four.
5. The commissioner may solicit and accept funds from any
public or private source to help carry out the provisions of
this section.
6. All fees collected pursuant to this section and paragraph
c of subdivision four of section one hundred ten of this
article shall be deposited in a miscellaneous special
revenue fund known as the animal population control fund. An
amount not to exceed fifteen percent of the balance of the
fund at the beginning of each fiscal year, following
appropriation by the legislature and allocation by the
director of the budget, shall be available for the purposes
of implementation and promotion of the program. Such
promotion shall include educating the public about the
benefits associated with spaying and neutering. The
remaining monies shall be used exclusively for the
reimbursement to participating veterinarians pursuant to
paragraph (b) of subdivision four of this section.
7. The commissioner shall, in consultation with such
professional organizations as the commissioner deems
appropriate, develop a list of veterinarians approved by the
commissioner to participate in the low-cost spay/neuter
program who provide care, including, but not limited to,
spay/neuter procedures, to dogs and cats. Any otherwise
qualifying pound, shelter, duly incorporated society for the
prevention of cruelty to animals, humane society, or dog or
cat protective association shall distribute such list of
approved veterinarians to persons adopting a dog or a cat as
a precondition to reimbursement under the low-cost
spay/neuter program established in this section. In addition
to such distribution, such pound, shelter, duly incorporated
society for the prevention of cruelty to animals, humane
society or dog or cat protective association shall not
discriminate against any veterinarian on such list or
directly or indirectly require, direct or recommend the
utilization or non-utilization of any such veterinarian for
any procedure for which reimbursement is to be sought under
this program. Such discrimination may, in the discretion of
the commissioner, constitute grounds for the revocation of
the right of such facility to participate in the program.
118. 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:
any dog which is not identified and which is not on the
owner's premises; and
any dog which is not licensed, whether on or off the owner's
premises.
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
a dangerous dog.
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-one of this article.
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:
ten dollars for the first impoundment of any dog owned by
that person;
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
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 seventeen 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 the provisions of subdivisions two-a, two-b,
two-c, two-d, and two-e of section three hundred
seventy-four of this chapter. Provided that no dog in the
custody of a pound or shelter shall be delivered for
adoption unless it has been licensed pursuant to the
provisions of this article prior to its release from the
custody of a pound or shelter. 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 dog or cat in the custody of a pound or shelter
shall be made available for adoption or euthanized subject
to the provisions of subdivisions two-a, two-b, two-c,
two-d, and two-e of section three hundred seventy-four of
this chapter after the time for redemption has expired.
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 nineteen
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.
119. Violations.
1. It shall be a violation, punishable as provided in
subdivision two of this section, for:
any owner to fail to license any dog;
any owner to fail to have any dog identified as required by
this article;
any person to knowingly affix to any dog any false or
improper identification tag, special identification tag for
identifying guide, service or hearing dogs or purebred
license tag;
any owner or custodian of any dog to fail to confine,
restrain or present such dog for any lawful purpose pursuant
to this article;
any person to furnish any false or misleading information on
any form required to be filed with any municipality or the
commissioner pursuant to the provisions of this article or
rules and regulations promulgated pursuant thereto;
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.
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:
where prosecuted pursuant to the penal law, by a fine of not
more than twenty-five dollars, except that
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 more than fifty dollars, and
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 more than one hundred dollars or
imprisonment for not more than fifteen days, or both; or
where prosecuted as an action to recover a civil penalty, by
a civil penalty of not more than twenty-five dollars, except
that
when the person was found to have violated this section or
former article seven of this chapter within the preceding
five years, the civil penalty may be not more than fifty
dollars, and
where the person was found to have committed two or more
such violations within the preceding five years, the civil
penalty may be not more 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 himself plead guilty to the charge in
open court. He may also submit to the magistrate having
jurisdiction, in person, by duly authorized agent, or by
registered mail, a statement
that he waives arraignment in open court and the aid of
counsel,
that he pleads guilty to the offense charged,
that he elects and requests that the charge be disposed of
and the fine or penalty fixed by the court,
of any explanation that he desires to make concerning the
offense charged, and
that he 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 shall thereupon notify the defendant of this
fact, and that he 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 shall violate any other provision of this
article or rules and regulations promulgated pursuant
thereto shall be subject to the penalty provisions of
sections thirty-nine and forty of this chapter, but not
section forty-one of this chapter. Such violations shall
include, but not be limited to, the following:
failure of any owner of record to notify the commissioner of
any change of ownership or address as required by section
one hundred thirteen of this article;
failure of any person to perform any other duty or carry out
any other requirement imposed pursuant to the provisions of
this article or the rules and regulations promulgated
pursuant thereto. Each day that failure continues shall
constitute a separate violation.
5. For the purpose of participating in the "animal
population control program" established under section one
hundred seventeen-a of this article, it shall be a violation
punishable as provided in subdivision six of this section,
for:
any person to falsify proof of adoption from a pound,
shelter, duly incorporated society for the prevention of
cruelty to animals, humane society or dog or cat protective
association;
any person to 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;
any licensed veterinarian to furnish the commissioner with
false information concerning an animal sterilization fee
schedule or an animal sterilization certificate submitted
pursuant to subdivision four of section one hundred
seventeen-a of this article.
6. Any person or veterinarian who violates the provisions of
subdivision five of this section or any rule or regulation
promulgated by the commissioner to carry out the provisions
of section one hundred seventeen-a of this article shall be
subject to a fine of not more 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.
7. Any person who intentionally refuses, withholds, or
denies a person, because they are 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.
120. Disposition of fines. Notwithstanding any other
provision of law, all moneys collected as fines or penalties
by any municipality as a result of any prosecution for
violations of the provisions of this article or any local
law or ordinance and all bail forfeitures by persons charged
with such violations shall be the property of the
municipality and shall be paid to the financial officer of
such municipality. Such moneys 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 seventeen of this article used therefor, and
subsidizing public humane education programs in responsible
dog ownership.
121. 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, farm animal as
defined in subdivision twenty-four of section one hundred
eight of this article, 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 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.
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 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 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:
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;
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:
prevent escape of the dog,
protect the public from unauthorized contact with the dog,
and
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;
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;
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
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:
the dog, without justification, attacked a person causing
serious physical injury or death; or
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
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
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;
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;
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.
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.
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 eight hundred dollars in addition to any other
applicable penalties.
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 one 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.
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.
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.
15.
In the department, there shall be a dangerous dog advisory
board consisting of the commissioner, or his or her
designee, and four members, two of whom shall be appointed
by the speaker of the assembly and two of whom shall be
appointed by the senate majority leader. The membership of
such board shall include one veterinarian, a certified
animal trainer in possession of a valid permit and
certificate, a representative of a recognized humane
society, such as the American Society for the Prevention of
Cruelty to Animals, or similar organization, and a member of
the public.
Each member of the advisory board, other than the
commissioner, or his or her designee, shall serve for a term
of three years, without compensation.
The board shall be appointed and meet within one month of
the effective date of this section.
The board shall make recommendations to the commissioner on
regulations necessary to carry out the provisions of this
section and to promote the health, safety and welfare of the
public, and of dangerous dogs.
The board shall meet at least once every four months to
assess the regulations promulgated by the commissioner and
to make further recommendations on regulations necessary to
carry out the provisions of this section. A written report
describing its activities and plans shall be issued to the
commissioner by the board one year after the effective date
of this section and each year thereafter.
121-a. Exemption from civil liability.
1. If any dog shall, without justification, attack a person,
or behaves in a manner which a reasonable person would
believe poses a serious and unjustified imminent threat of
serious physical injury to a person, when such person is
peaceably conducting himself in a place where he may
lawfully be, such person or any other person witnessing the
attack or threatened attack may destroy such dog while so
attacking, and no liability in damages or otherwise shall be
incurred on account of such destruction.
2. If any dog shall, without justification, attack a
companion animal, farm animal or domestic animal, or shall
behave in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious
physical injury or death to a companion animal, farm animal
or domestic animal, where such animal is in any place where
it may lawfully be, the owner or caretaker of such animal,
or any other person witnessing the attack, may destroy such
dog, and no liability in damages or otherwise shall be
incurred on account of such destruction.
122. Protection of deer.
1. Whenever the governing body of any municipality shall
determine that the deer population in the municipality or
part thereof is suffering severe depredation due to dogs
attacking, chasing or worrying deer, such governing body may
by order require that all dogs in such municipality or part
thereof shall be securely confined during the period of time
designated in the order or, if no time is designated, until
the order is revoked.
2. Notice of such order shall be given by publication in a
newspaper or newspapers of general circulation in said
municipality which shall be designated by such governing
body and by filing a copy of the order in the office of each
clerk in the area affected by such order. Such order shall
be in full force and effect at the expiration of twenty-four
hours following publication of such notice.
3. If any dog is not confined as required by such order, any
dog control officer, peace officer, acting pursuant to his
special duties, or police officer shall seize such dog. Any
dog so seized shall be subject to the provisions of section
one hundred eighteen of this article. A dog shall not be
deemed to be in violation of such order if accompanied by
and under the full control of the owner.
4. If any dog, which is not confined as required by such
order, shall attack, chase or worry any deer, any dog
control officer, peace officer, acting pursuant to his
special duties, or police officer upon witnessing the same,
shall destroy, or seize and destroy, such dog, and no
liability in damages or otherwise shall be incurred on
account of such destruction.
5. If any dog shall kill or cripple any deer, the owner
shall be subject to a civil penalty in the amount of one
hundred dollars for the first deer killed or crippled by the
dog or by the pack of dogs, if any, of which the dog was a
member, and in the amount of one hundred fifty dollars for
each additional deer killed or crippled, to be recovered in
an action brought by the commissioner of environmental
conservation on behalf of the people of the state of New
York.
6. This section and any order issued pursuant thereto shall
not apply to dogs in special dog training areas or shooting
preserves enclosed and licensed pursuant to the provisions
of the environmental conservation law, while such dogs are
under the control of the owner or trainer.
123. Night quarantine.
1. The governing body of any municipality may at any time by
order require that all dogs in such municipality shall be
securely confined between sunset and one hour after sunrise
during the period of time designated in the order, or, if no
time is so designated, until the order is revoked.
2. Notice of such order shall be given by publication in a
newspaper or newspapers of general circulation in said
municipality which shall be designated by such governing
body and by filing a copy of the order in the office of each
clerk in the area affected by such order.
3. Any dog control officer, peace officer, acting pursuant
to his special duties, or police officer shall destroy or
seize any dog not confined as required by such order, and no
liability in damages or otherwise shall be incurred on
account of such destruction or seizure. Any dog so seized
shall be subject to the provisions of section one hundred
eighteen of this article. A dog shall not be deemed to be in
violation of such order if accompanied by and under the full
control of the owner.
124. Local laws or ordinances.
1. Any municipality may enact a local law or ordinance upon
the keeping or running at large of dogs and the seizure
thereof, provided no municipality shall vary, modify,
enlarge or restrict the provisions of this article relating
to identification, licensing, rabies vaccination and
euthanization.
2. Such local law or ordinance may:
impose penalties for violation of such restrictions to be
recovered in a civil action in the name of such
municipality;
provide for enforcement by fine or imprisonment for any such
violation; or
provide for the issuance pursuant to the criminal procedure
law of an appearance ticket, or in lieu thereof, a uniform
appearance ticket, or in lieu thereof, a uniform appearance
ticket and simplified information, as provided in section
one hundred fourteen of this article, by any dog control
officer, peace officer, acting pursuant to his special
duties, or police officer, who is authorized by any
municipality to assist in the enforcement of this article
for any such violation.
125. Indemnification for dog damage.
1. Each county shall be liable for damage done within the
county by dogs to domestic animals, including such
veterinary fees and costs as may arise from such damage or
injury. Indemnification therefor shall be made in the manner
provided by this section. Such indemnification shall not
exceed the actual damage. In no event shall indemnification
exceed:
eight hundred dollars for each animal, in the case of horses
or cattle;
fifteen dollars for each domesticated fowl, duck, goose,
swan, turkey, pheasant or other bird which is raised in
confinement under license from the state department of
environmental conservation before release from captivity,
and confined domestic hare or rabbit;
one hundred dollars for any other domestic animal as defined
in this article;
twelve hundred dollars for each animal, in the case of
registered purebred dairy and beef cattle or of purebred
dairy and beef cattle eligible for registration and less
than one year of age;
two hundred fifty dollars for each animal, in the case of
each registered purebred sheep, goat or swine, or of
purebred sheep, goat or swine eligible for registration and
less than one year of age;
three hundred fifty dollars for each fallow deer, red deer,
sika deer, whitetail deer which is raised under license from
the department of environmental conservation or each llama.
2. No indemnification shall be paid for fowl of the
varieties commonly used for cock fights.
3. The name of the owner of the dog causing the damage, if
known, shall be reported to the financial officer of the
county and such owner shall be liable to the county in
reimbursement for any amounts paid by the county for such
indemnification, in an action to be brought in the name of
the county by the financial officer of the county or the
county dog control officer in a court of competent
jurisdiction.
4. The owner of a domestic animal injured or killed as a
result of being attacked, chased or worried by any dog
shall, immediately upon the discovery of such injury or
death, notify the nearest assessor of the city or town where
the damage was done of the fact of such injury or death, and
that the owner claims indemnity therefor and requires that
the damage be determined. The assessor or any other
individual designated in writing by the governing body of
the city or town shall immediately inquire into the matter
and shall examine the animal injured or killed and, if he
deems it necessary, shall examine witnesses in relation
thereto. If the assessor or designated individual is
satisfied that the injuring or killing of the animal was
caused by a dog, and that the owner of the animal had taken
reasonable precautions to prevent the damage done, the
assessor or designated individual shall determine the amount
of the damage apparent at the time and make a report of the
amount of damages. Provided, however, that if the amount of
damage is determined by the assessor or designated
individual to be more than four hundred dollars, the
assessor or designated individual shall immediately give
notice of the claim to all the other assessors or designated
individuals, if any, of the city or town, or a majority of
them, who shall, within three days, inquire into the matter
and make a report in the manner provided above. The report
shall be promptly filed with the financial officer of the
county and the commissioner, and a copy provided to the
claimant.
5. The governing body of any county may establish by local
law a procedure for reviewing the decision of the assessor
or designated individual. If a procedure has been
established, the claimant or financial officer of the county
may, within twenty days after the receipt of the report of
any assessor or designated individual, if dissatisfied with
the amount of the damages stated therein, request a review
pursuant to the procedure established by the governing body
of the county. The decision after review shall be in writing
and copies thereof shall be mailed to the financial officer
of the county, the claimant and the commissioner.
6. In the event that the county shall not have established a
procedure for review of the decision such review shall be
made by the commissioner. Upon receipt of such request, the
commissioner shall cause an investigation to be made of the
alleged attack upon the claimant's domestic animal, the
facts surrounding such attack, and the amount of damage
incurred thereby for which indemnification should be made in
accordance with the intent of this section. The claimant
shall permit the commissioner or his authorized
representative to enter the premises on which the attack is
alleged to have been made and shall furnish to the
commissioner or his representative whatever information and
proof may be available to the claimant and may be deemed
necessary by the commissioner or his representative to
complete the investigation. Upon completion of the
investigation, the commissioner shall decide whether the
attack was in fact made by a dog upon a domestic animal, as
defined in section one hundred eight of this article, and
whether the owner had taken reasonable precautions to
prevent the damage done and, if he so finds, shall either
confirm or deny the determination of the assessor or
designated individual, or modify it as may appear proper and
adequate in view of the facts. The decision of the
commissioner shall be in writing, and copies thereof shall
be mailed to the financial officer of the county and the
claimant.
7. After the expiration of twenty days from the filing of
the assessor's or designated individual's report with the
financial officer of the county, such officer shall mail to
the claimant a certificate of indemnity due to the claimant,
provided however, that in those counties where a review
procedure has been established and a request for a review
has been presented, such certificate shall be mailed to the
claimant upon the filing of a copy of the decision, after
review, with the county financial officer. The financial
officer shall retain a copy of the certificate and shall
mail a copy to the commissioner.
8. If, subsequent to the determination of damage, it
develops that damage, which was not apparent at the time of
determination, was caused to any domestic animal, a
supplemental notice of claim for such damage shall be
promptly given by the claimant upon discovery thereof to the
assessor at any time within six months after the discovery
of the original damage. Such notice shall set forth the
facts upon which the additional claim was based. The same
proceedings shall thereupon be had as upon the original
claim.
9. The amount of the damage determined as hereinbefore
provided shall be paid by the financial officer of the
county to the claimant, upon presentation of the aforesaid
certificate, from the funds received by such officer
pursuant to section one hundred eleven of this article, and
if such funds shall be insufficient therefor, then from such
other funds as shall be raised by the county governing body,
in the manner that funds are raised to pay other county
charges.
126. Duties and powers of commissioner.
1. The commissioner shall:
supervise the enforcement of this article;
maintain a central registry of official identification
numbers;
prescribe the form of all notices, reports and other papers
and documents required by this article and the rules and
regulations promulgated pursuant thereto; and
prescribe the manner in which all reports required by this
article and the rules or regulations promulgated thereto are
to be filed and maintained, and all licenses issued or
validated; and
furnish all forms and other supplies, including
identification tags and preprinted license applications,
necessary for the implementation and enforcement of this
article and the rules and regulations promulgated pursuant
thereto; and
supply, for identification purposes, names and addresses of
owners of record of identified dogs immediately upon
request; and
furnish such information and assistance to dog control
officers as he deems necessary for enforcement purposes.
2. The commissioner is hereby authorized to:
promulgate, after public hearing, such rules and regulations
as are necessary to supplement and give full effect to the
provisions of this article; and
exercise all other powers and functions as are necessary to
carry out the duties and purposes set forth in this article.
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