SUFFOLK COUNTY
"DANGEROUS DOG LAW"
New York State Agriculture & Markets Law Article 26
Suffolk County Law Article III - Dangerous Dogs - adopted
08/28/01 by L.L. 13-2001
SUFFOLK COUNTY DANGEROUS DOG LAW
§ 207-19.
Legislative intent.
§ 207-20.
Definitions.
§ 207-21.
Prohibitions; complaints; restraints.
§ 207-22.
Penalties for offenses.
§ 207-23.
Applicability.
§ 207-24.
Enforcement.
§ 207-19.
Legislative intent.
A.
This Legislature finds and determines that § 121 of the New
York Agricultural and Markets Law imposes penalties for
attacks by dogs on domestic animals such as domesticated
sheep, horses, cattle, fallow deer, red deer, sika deer,
whitetail deer raised under license from the Department of
Environmental Conservation, llamas, goats, swine, fowl,
ducks, geese, swan turkeys, confined domestic hare or
rabbits, pheasants or other birds raised in confinement
under license from the State Department of Environmental
Conservation, when such animals are lawfully in a place.
B.This Legislature also finds and determines that that such
state legislation does not address dog attacks on other
animals such as dogs and cats.
C.This Legislature further finds that the recent spate of
animal attack incidents requires action that goes beyond
present law.
D.Therefore, the purpose of this article is to impose
penalties for dog attacks on either dogs or cats and to
allow greater latitude to local animal control officers to
protect the public from vicious dogs.
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As
used in this article, the following terms shall have the
meanings indicated:
DOMESTIC ANIMAL -- Cats and/or dogs.
DANGEROUS DOG -- Any dog which without justification attacks
or bites a person who is peaceably conducting himself or
herself in any place where he or she may lawfully be; any
dog owned, harbored, or trained primarily or in part for the
purpose of dog fighting; any dog owned, harbored, or trained
primarily or in part for the purpose of attacking a human
being or domestic animal on command; or any dog which
attacks or bites another dog, cat, or animal peaceably
conducting itself in any place in which it may lawfully be
present.
DOG CONTROL OFFICER -- Any dog control officer or any animal
control officer in any town or other municipality in Suffolk
County.
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§ 207-21.
Prohibitions; complaints; restraints.
A.If
any dog shall attack any domestic animal, as defined in §
207-20 of this article, while such animal is in any place
where it may lawfully be present, the owner or caretaker of
such, or any other person witnessing such attack, may, for
the purpose of preventing the killing or injury of such
domestic animal, destroy such dog while so attacking, and no
liability in damages or otherwise shall be incurred on
account of such destruction.
B.Any person may make a complaint of an attack upon a
domestic animal to a dog control officer of the appropriate
municipality. Such officer shall immediately inform the
complainant of his right to commence a proceeding as
provided in Subsection C of this section, and, if there is
reason to believe the dog is a dangerous dog, the officer
shall forthwith commence such proceeding himself.
C.Any person may, and any dog control officer as provided in
Subsection B of this section shall, make a complaint under
oath or affirmation to any municipal judge or justice of
such attack. The judge or justice shall then 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 herein provided. Whether or not
the judge or justice finds there is probable cause for such
seizure, he or she shall, within five days and upon written
notice of not less than two days to the owner of the dog,
hold a hearing on the complaint. If satisfied that the dog
is a dangerous dog, the judge or justice shall then order
any dog control officer; peace officer, acting pursuant to
his special duties; or police officer to cause the dog to be
euthanized immediately, or shall order the owner to securely
confine such dog permanently except as provided in
Subsection E of this section. The owner shall confine the
dog indoors or in an enclosed and locked pen or structure as
provided for in the order. Such pen or enclosure shall have
a secure top and sides and shall be designed to prevent an
unauthorized entry of a person, the escape of the dog, and
to provide protection from the elements. If the owner fails
to confine the dog as required by such order, any dog
control officer; peace officer, acting pursuant to his
special duties; or police officer shall destroy such dog on
or off the premises of the owner.
D.A dog shall not be declared dangerous if the court
determines that the conduct of the dog:
(1)Was justified because the threat, injury, or damage was
sustained by a domestic animal under the dominion and
control of a person who at the time was committing a crime
or offense upon the owner or custodian or upon the property
of the owner or custodian of the dog;
(2)Was justified because the injured domestic animal was
tormenting, abusing, or assaulting the dog or has in the
past tormented, abused, or assaulted the dog; or
(3)Was responding to pain or injury, or was protecting
itself, its kennels, or its offspring.
E.Additional restraints.
(1)In addition to an order of confinement, issued pursuant
to Subsection C of this section, the judge or justice may
order the owner or custodian to securely chain and muzzle
the dog and require that the dog be under physical restraint
of a responsible person when:
(a)Confined in the presence of persons other than the owner
or custodian or other domestic animals; and
(b)Outside such enclosure for brief periods only when and
for the period necessary to urinate, defecate, or receive
medical treatment.
(2)The muzzle described in Subsection E(1) above shall be
made in a manner that will not cause injury to the dog or
interfere with its vision or respiration but shall prevent
it from biting any person or animal.
F.Nothing contained herein shall limit or abrogate any claim
or cause of action under common law or by statute. The
provisions of this section shall be in addition to such
common law and statutory remedies.
G.Nothing contained herein shall restrict the rights and
powers derived from the provisions of Title 4, Article 21 of
the New York Public Health Law relating to rabies and any
rule and regulation adopted pursuant thereto.
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§ 207-22.
Penalties for offenses.
A.The
owner of a dog who, through any act or omission, negligently
permits his or her dog to bite a domestic animal causing
physical injury shall be subject to a civil penalty not to
exceed $400 in addition to any other applicable penalties.
B.The owner of a dog who, through any act or omission,
negligently permits his or her dog to bite a domestic animal
causing serious physical injury shall be subject to a civil
penalty not to exceed $800 in addition to any other
applicable penalties.
C.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 state or local
law, to bite a domestic animal, or a person, causing serious
physical injury, shall be guilty of a misdemeanor punishable
by a fine of not more than $1,000, or by a period of
imprisonment not to exceed 90 days, or by both such fine and
imprisonment in addition to any other applicable penalties.
D.If any dog, which had previously been determined by a
judge or justice to be a dangerous dog as defined in §
207-20 of this article, shall without justification kill or
cause the death of any domestic animal, or a person, who is
peaceably conducting itself, himself, or herself in any
place where it, he, or she may lawfully be present,
regardless of whether such dog escaped without fault of the
owner, the owner shall be guilty of a Class A misdemeanor in
addition to any other penalties.
E.The owner shall not be liable pursuant to Subsections F,
G, H, or I 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 § 130.35(1) or (2) of the New
York Penal Law, sodomy in the first degree as defined in §
130.50(1) or (2) of the New York 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.
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A.This article shall apply to any actions occurring on or
after the effective date of this article. EN
B.Any municipality filing an action or proceeding in a
judicial forum to enforce any provision of this article
shall not be required to pay the filing fee for such action
or proceeding.
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The
existing contract with the Suffolk County Society for the
Prevention of Cruelty to Animals (SPCA) shall be amended to
authorize the SPCA to enforce this article, including the
establishment of a centralized computer database, with no
additional cost to the County of Suffolk, i.e., no
additional funding of said contract for such enforcement.
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