New York State Consolidated Laws
Agriculture & Markets
ARTICLE 7
LICENSING, IDENTIFICATION AND CONTROL OF DOGS
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.
122. Protection of deer.
123. Night quarantine.
124. Local laws or ordinances.
125. Indemnification for dog damage.
126. Duties and powers of commissioner.
Sec. 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.
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S 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 specif-
ic 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.
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S 108. Definitions. As used in this article, unless otherwise express-
ly 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 munici-
pality 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 munici-
pality 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, associ-
ation 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 commis-
sioner.
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 is trained to aid a person with a
disability 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.
23. "Person with a disability" means any person with a physical
impairment which is permanent and severely limits such person`s mobility
or a person who is unable to ambulate without the aid of a wheelchair or
other prosthetic device.
24. "Dangerous dog" means any dog which (a) without justification
attacks a person and causes physical injury or death, or (b) poses a
serious and unjustified imminent threat of harm to one or more persons,
or (c) without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
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.
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S 109. Licensing of dogs; rabies vaccination requirement. 1. Licensing
of dogs. (a) On the effective date of this article, the owner of any dog
then six months of age or older shall immediately make application for a
dog license. After said effective date, the owner of any dog reaching
the age of six months shall thereupon make such application. No license
shall be required for any dog which is under the age of six 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) The clerk, authorized dog control officer or authorized pound or
shelter manager shall: (i) provide a copy of the license to the owner;
(ii) send, within forty-eight hours of validation, a copy of the license
to the commissioner; and (iii) retain a copy 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.
(g) 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.
(h) 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 within
five business days after the license has been validated. 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 in which the dog is to be harbored.
2. Purebred license. (a) 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.
(b) Such application shall be made to the person specified in
paragraph (b) of subdivision one of this section.
(c) 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 six months which is harbored on the
premises; and the sex and breed of each purebred dog over the age of six
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 six months which are
harbored on the premises have been listed.
(d) 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.
(e) 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.
(f) The clerk, authorized dog control officer or authorized pound or
shelter manager shall: (i) provide a copy of the purebred license to the
owner; (ii) send, within forty-eight hours of issuance, a copy of the
purebred license to the commissioner; and (iii) retain a copy 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.
(g) 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.
(h) 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 within
five business days after the license has been validated. 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. In the event the state commissioner of health shall have issued an
order, pursuant to the provisions of paragraph (a) of subdivision one of
section twenty-one hundred forty-five of the public health law,
requiring all dogs which are six months of age or over and which are
harbored in a specified county to be vaccinated to prevent rabies, 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.
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S 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:
(a) two dollars and fifty cents for each spayed or neutered dog;
(b) seven dollars and fifty cents for each unspayed or unneutered dog.
2. The annual fee for each purebred license issued pursuant to subdi-
vision two of section one hundred nine of this article shall be:
(a) 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;
(b) 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
(c) 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 or police work
dog. Each copy of any license for such dogs shall be conspicuously
marked "Guide Dog," "Hearing Dog," "Service Dog", "Working Search Dog",
"War Dog" or "Police Work Dog," as may be appropriate, by the clerk or
authorized dog control officer.
4. a. 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.
b. 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.
c. 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 six 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 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 para-
graph 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.
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S 111. Disposition of license fees. 1. (a) 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 there-
to, 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.
(b) On or before the fifth day of each month, the authorized pound or
shelter manager shall remit to the financial officer of the county with-
in 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 preced-
ing 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 there-
to, 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. (a) 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 of agriculture and markets 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 and hearing 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 virus-
es that affect man and animals, or to study and develop a pharmaceutical
contraceptive for dogs.
(b) 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.
(c) 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. (a) On or before the fifteenth day of each month, the clerk of any
city, town or village located in Nassau county where licenses are vali-
dated 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 remit-
tance shall be accompanied by a report of license sales made during such
preceding month.
(b) 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 seven-
teen of this article, used therefor, and subsidizing public humane
education programs in responsible dog ownership.
(c) 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.
(d) 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, regu-
lation, 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 responsi-
ble dog ownership.
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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 (a) thirty-six percent
of all license fees received by such county under this article during such
year, or (b) 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.
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S 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 or
hearing 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.
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Sec. 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.
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Sec. 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 may require its dog
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, any municipality may contract
to have the same done.
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Sec. 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.
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Sec. 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.
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S 117. Spaying and neutering facilities authorized. 1. Any munici-
pality 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 there-
from 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.
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S 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 resi-
dent of New York state and shall submit proof to a veterinarian partic-
ipating 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:
(a) was imported or caused to be imported from outside the state;
(b) 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;
(c) 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
(d) 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 estab-
lishment 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 pursu-
ant to the provisions of this section shall:
(a) 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;
(b) 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;
(c) Pay a fee of thirty dollars to the veterinarian participating in
the program.
4. (a) 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. Addi-
tionally, 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 veterina-
rian 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.
(b) 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 proce-
dure up to an amount approved by the department which shall not exceed
twenty percent of such veterinarian`s fee for performing such procedure.
(c) 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 para-
graph (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 partic-
ipating veterinarians from counties from which the amount of fees depos-
ited 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 certif-
icate 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 protec-
tive association shall not discriminate against any veterinarian on such
list or directly or indirectly require, direct or recommend the utiliza-
tion or non-utilization of any such veterinarian for any procedure for
which reimbursement is to be sought under this program. Such discrimi-
nation may, in the discretion of the commissioner, constitute grounds
for the revocation of the right of such facility to participate in the
program.
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S 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:
(a) any dog which is not identified and which is not on the owner`s
premises; and
(b) any dog which is not licensed, whether on or off the owner`s prem-
ises.
(c) 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.
(d) 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 four 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 ordi-
nance 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:
(a) ten dollars for the first impoundment of any dog owned by that
person;
(b) 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
(c) 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 notwithstand-
ing, 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 ordi-
nance 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 redemp-
tion. 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 expira-
tion 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 custo-
dy 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 subdi-
visions 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 notwith-
standing, 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 impound-
ed 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.
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S 119. Violations. 1. It shall be a violation, punishable as provided
in subdivision two of this section, for:
(a) any owner to fail to license any dog;
(b) any owner to fail to have any dog identified as required by this
article;
(c) 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;
(d) any owner of any dangerous dog to fail to confine or destroy such
dog upon order of any judge or justice as provided in section one
hundred twenty-one of this article;
(e) any owner to fail to securely confine any dog as required by an
order issued pursuant to section one hundred twenty-two or one hundred
twenty-three of this article;
(f) any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this article;
(g) 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;
(h) the owner or custodian of any dog to fail to exercise due dili-
gence 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:
(a) where prosecuted pursuant to the penal law, by a fine of not more
than twenty-five dollars, except that (i) where the person was found to
have violated this section or former article seven of this chapter with-
in the preceding five years, the fine may be not more than fifty
dollars, and (ii) 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 imprison-
ment for not more than fifteen days, or both; or
(b) where prosecuted as an action to recover a civil penalty, by a
civil penalty of not more than twenty-five dollars, except that (i) 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 (ii) 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 arti-
cle 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 (a) that he waives arraignment in
open court and the aid of counsel, (b) that he pleads guilty to the
offense charged, (c) that he elects and requests that the charge be
disposed of and the fine or penalty fixed by the court, (d) of any
explanation that he desires to make concerning the offense charged, and
(e) 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 appli-
cable 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 chap-
ter, but not section forty-one of this chapter. Such violations shall
include, but not be limited to, the following:
(a) failure of any owner of record to notify the commissioner of any
change of ownership or address as required by section one hundred thir-
teen of this article;
(b) 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 arti-
cle, it shall be a violation punishable as provided in subdivision six
of this section, for:
(a) 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;
(b) 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 spay-
ing or neutering procedure pursuant to section one hundred seventeen-a
of this article;
(c) 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 subdivi-
sion five of this section or any rule or regulation promulgated by the
commissioner to carry out the provisions of section one hundred seven-
teen-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.
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Sec. 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.
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S 121. Dangerous dogs. 1. If any dog shall attack any person who is
peaceably conducting himself in any place where he may lawfully be, such
person or any other person witnessing the attack may destroy such dog
while so attacking or while being pursued thereafter, and no liability
in damages or otherwise shall be incurred on account of such
destruction.
2. (a) If any dog shall attack, chase or worry any domestic animal, as
defined in section one hundred eight of this article, while such animal
is in any place where it may lawfully be, the owner or caretaker of such
domestic animal, 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, chasing, worrying or while being
pursued thereafter, and no liability in damages or otherwise shall be
incurred on account of such destruction.
(b) If any dog shall attack and injure any service dog, guide dog or
hearing dog, any person witnessing the attack may for the purpose of
preventing the killing or injury of such service dog, guide dog or hear-
ing dog, destroy such attacking dog and no liability in damages or
otherwise shall be incurred on account of such destruction.
3. Any person may make a complaint of an attack upon a person or of an
attack, chasing or worrying of a domestic animal to a dog control offi-
cer of the appropriate municipality. Such officer shall immediately
inform the complainant of his right to commence a proceeding as provided
in subdivision four of this section and, if there is reason to believe
the dog is a dangerous dog, the officer shall forthwith commence such
proceeding himself.
4. Any person may, and any dog control officer as provided in subdivi-
sion three hereof shall, make a complaint under oath or affirmation to
any municipal judge or justice of such attack, chasing or worrying.
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 pursu-
ant to his special duties, or police officer directing such officer to
immediately seize such dog and hold the same pending judicial determi-
nation as herein provided. Whether or not the judge or justice finds
there is probable cause for such seizure, he shall, within five days and
upon written notice of not less than two days to the owner of the dog,
hold a hearing on the complaint. If satisfied that the dog is a danger-
ous 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 confine securely such dog permanently except as provided in subdivi-
sion six 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.
5. A dog shall not be declared dangerous if the court determines the
conduct of the dog (a) was justified because the threat, injury or
damage was sustained by a person who at the time was committing a crime
or offense upon the owner or custodian or upon the property of the owner
or custodian of the dog, or (b) was justified because the injured person
was tormenting, abusing or assaulting the dog or has in the past
tormented, abused or assaulted the dog; or (c) was responding to pain or
injury, or was protecting itself, its kennels or its offspring.
6. (a) In addition to an order of confinement, issued pursuant to
subdivision four 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 (i)
confined in the presence of persons other than the owner or custodian,
and (ii) outside such enclosure for brief periods only when and for the
period necessary to urinate, defecate or receive medical treatment.
(b) The muzzle described in paragraph (a) of this subdivision shall be
made in a manner that will not cause injury to the dog or interfere with
its vision or respiration but shall prevent it from biting any person or
animal.
7. The owner of a dog who, through any act or omission, negligently
permits his or her dog to bite a person, service dog, guide dog or hear-
ing dog causing physical injury shall be subject to a civil penalty not
to exceed four 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 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.
9. 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.
10. 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.
11. The owner shall not be liable pursuant to subdivision 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, sodomy 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 proper-
ty of the owner of the dog and the dog injured or killed the person
committing such criminal activity.
12. Nothing contained herein shall limit or abrogate any claim or
cause of action any person who is injured by a dog with a vicious dispo-
sition 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 herein shall restrict the rights and powers
derived from the provisions of title four of article twenty-one of the
public health law relating to rabies and any rule and regulation adopted
pursuant thereto.
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Sec. 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.
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Sec. 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.
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Sec. 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:
(a) impose penalties for violation of such restrictions to be
recovered in a civil action in the name of such municipality;
(b) provide for enforcement by fine or imprisonment for any
such violation; or
(c) 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.
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S 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:
(a) eight hundred dollars for each animal, in the case of horses or
cattle;
(b) 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;
(c) one hundred dollars for any other domestic animal as defined in
this article;
(d) 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;
(e) 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;
(f) 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.
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Sec. 126. Duties and powers of commissioner. 1. The commissioner
shall:
(a) supervise the enforcement of this article;
(b) maintain a central registry of official identification numbers;
(c) 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
(d) 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
(e) 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
(f) supply, for identification purposes, names and addresses of owners
of record of identified dogs immediately upon request; and
(g) furnish such information and assistance to dog control officers as
he deems necessary for enforcement purposes.
2. The commissioner is hereby authorized to:
(a) promulgate, after public hearing, such rules and regulations as
are necessary to supplement and give full effect to the provisions of
this article; and
(b) exercise all other powers and functions as are necessary to carry
out the duties and purposes set forth in this article.
Taken from http://assembly.state.ny.us/cgi-bin/claws?law=4&art=18 on March 12, 2001. Markup into HTML done locally. Please consult the original for authoritative text.