A. 
Any person who witnesses or is otherwise in possession of tangible evidence of an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal, farm animal or a domestic animal to a police officer or Animal Control Officer. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in the Subsection B of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself.
B. 
Any person who witnesses or is otherwise in possession of tangible evidence of an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may, and any police officer or Animal Control Officer as provided in § 82-5A of this chapter shall make a complaint under oath or affirmation to a justice of the Village Court or of the Fourth District Court of Nassau County of such attack or threatened attack. Thereupon, the 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 Animal 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 determination as provided in this section. Whether or not the justice finds there is probable cause for such seizure, he shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. The petitioner shall have the burden at such hearing to prove the dog is a dangerous dog by clear and convincing evidence. If satisfied that the dog is a dangerous dog, the justice shall then order neutering or spaying of the dog, microchipping of the dog and one or more of the following as deemed appropriate under the circumstances and as deemed necessary for the protection of the public:
(1) 
Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by such expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this section;
(2) 
Secure, humane confinement of the dog for a period of time and in a manner deemed appropriate by the court but in all instances in a manner designed to:
(a) 
Prevent escape of the dog;
(b) 
Protect the public from unauthorized contact with the dog; and
(c) 
To protect the dog from the elements. Such confinement shall not include lengthy periods of tying or chaining;
(3) 
Restraint of the dog on a leash by an adult of at least 21 years of age whenever the dog is on public premises;
(4) 
Muzzling the dog whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration;
(5) 
Maintenance of a liability insurance policy in an amount determined by the court, but in no event in excess of $100,000 for personal injury or death resulting from an attack by such dangerous dog.
C. 
Upon a finding that a dog is dangerous, the justice may order humane euthanasia or permanent confinement of the dog if one of the following aggravating circumstances is established at the judicial hearing held pursuant to Subsection B of this section:
(1) 
The dog, without justification, attacked a person causing physical injury; or
(2) 
The dog has a known vicious propensity as evidenced by a previous unjustified attack on a person which caused physical injury; or
(3) 
The dog, without justification, caused serious physical injury or death to a companion animal, farm animal or domestic animal, and has, in the past two years, caused unjustified physical injury or death to a companion animal, farm animal or domestic animal as evidenced by a "dangerous dog" finding pursuant to the provisions of this section.
D. 
A dog shall not be declared dangerous if the court determines the conduct of the dog:
(1) 
Was justified because the threat, injury or damage was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or upon the property of the owner or custodian of the dog;
(2) 
Was justified because the injured or threatened person was tormenting, abusing, assaulting or physically threatening the dog or its offspring, or has in the past tormented, abused, assaulted or physically threatened the dog or its offspring; or
(3) 
Was justified because the dog was responding to pain or injury, or was protecting itself, its owner, custodian or a member of its household, its kennels or its offspring.