Suffolk County, NY Article III Dangerous Dogs

[Adopted 8-28-2001 by L.L. No. 13-2001 (Ch. 207, Art. III, of the 1985 Code)]

§ 299-19 Legislative intent.

A. This Legislature finds and determines that § 121 of the New York Agriculture 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 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.

§ 299-20 Definitions.

As used in this article, the following terms shall have the meanings indicated:

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.

DOMESTIC ANIMALS

Cats and/or dogs.

§ 299-21 Destruction permitted; complaints and determinations; restraints.

A. If any dog shall attack any domestic animal, as defined in § 299-20 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 of such attack under oath or affirmation to any municipal judge or justice. 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.

§ 299-22 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 person causing serious physical injury shall be subject to a civil penalty not to exceed $800 in addition to any other applicable penalties.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

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 § 299-20 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 Subsection A, B, C or D 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.

§ 299-23 Applicability; filing fee waiver.

A. This article shall apply to any actions occurring on or after the effective date of this article.[1]

[1] Editor's Note: This law provided that it shall take effect 1-1-2002.

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.

§ 299-24 Enforcement.

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.