[Amended 12-14-2010 by L.L. No. 6-2010]
For the purpose of this article, unless otherwise expressly
stated or unless the context or subject matter requires otherwise:
DANGEROUS DOG
Any dog which attacks or bites another domestic animal, peaceably
conducting itself in any place where it 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 in part for the purpose
of attacking a human being or domestic animal on command.
DOMESTIC ANIMAL
A dog or any animal defined as a domesticated animal pursuant
to § 108(7) of the New York Agriculture and Markets Law.
[Amended 3-7-2023 by L.L. No. 4-2023]
A. The owner of a dog who, through any act or omission, negligently
permits his or her dog to bite a domestic animal causing physical
injury shall be subject to a civil penalty not to exceed $400 in addition
to any other applicable penalties.
B. The owner of a dog who, through any act or omission, negligently
permits his or her dog to bite a domestic animal causing serious physical
injury shall be subject to a civil penalty not to exceed $800 in addition
to any other applicable penalties.
C. The owner of a dog who, through any act or omission, negligently
permits his or her dog, which had previously been determined to be
dangerous pursuant to state or local law, to bite a domestic animal
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 §
103-14 of this article, shall, without justification, kill or cause the death of any domestic animal, who is peaceably conducting itself in any place where it 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.
F. Monetary penalty.
(1) Any person found by the Bureau of Administrative Adjudication to have violated the provisions of §
103-16A is likewise subject to a monetary penalty not to exceed $400.
(2) Any person found by the Bureau of Administrative Adjudication to have violated the provisions of §
103-16B is likewise subject to a monetary penalty not to exceed $800.
(3) Any person found by the Bureau of Administrative Adjudication to have violated the provisions of §
103-16C is likewise subject to a monetary penalty not to exceed $ 400.
This article shall apply to any actions occurring on or after
the effective date of this article.
If a clause, sentence, paragraph, subdivision, section, or part
of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.