Any person, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or a threatened attack upon a domestic animal to the Animal Control Officer. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in §
52-12, and, if there is reason to believe the dog is a dangerous or vicious dog, the officer shall forthwith commence such proceeding himself.
Any person, or in the case of a minor, an adult acting on behalf
of such minor, may, and the Animal Control Officer shall, make a complaint
under oath or affirmation to any municipal judge or justice of such
attack or threatened attack. The judge or justice shall then immediately
determine if there is probable cause to believe the dog is a dangerous
or vicious dog and, if so, shall issue an order to the Animal Control
Officer, peace officer acting pursuant to his or her special duties,
or police officer or sheriff, 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. The petitioner shall have
the burden at such hearing to prove the dog is a dangerous or vicious
dog by clear and convincing evidence. If satisfied that the dog is
a dangerous dog, the judge or 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:
A. 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;
B. 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: 1) prevent escape of the dog, 2) protect the public
from unauthorized contact with the dog, and 3) to protect the dog
from the elements pursuant to § 353-b of Chapter 69 of the
Agriculture and Markets Law. Such confinement shall not include lengthy
periods of tying or chaining;
C. Restraint of the dog on a leash by an adult of at least 21 years
of age whenever the dog is on public premises;
D. 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; or
E. 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.
Upon a finding that a dog is dangerous, the judge or 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 §
52-12 of this article:
A. The dog, without justification, attacked a person causing serious
physical injury or death;
B. The dog has a known vicious propensity as evidenced by a previous
unjustified attack on a person, which caused serious physical injury
or death; or
C. 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 or farm animal as evidenced by a "dangerous dog" finding pursuant to the provisions of this section. An order of humane euthanasia shall not be carried out until expiration of the thirty-day period provided for in §
52-15 of this article for filing a notice of appeal, unless the owner of the dog has indicated to the judge, in writing, his or her intention to waive his or her right to appeal. Upon filing of a notice of appeal, the order shall be automatically stayed pending the outcome of the appeal.
The owner of a dog found to be a dangerous or vicious dog pursuant
to this chapter may appeal such determination and/or the court's
order concerning disposition of the dog to the court having jurisdiction
to hear civil appeals in the county where the dangerous or vicious
dog finding was made. The owner shall commence such appeal by filing
a notice of appeal with the appropriate court within 30 days of the
final order pursuant to this section. Court rules governing civil
appeals in the appropriate jurisdiction shall govern the appeal of
a determination under this section. Upon filing a notice of appeal
from an order of humane euthanasia pursuant to this section, such
order shall be automatically stayed pending final determination of
any appeal. In all other circumstances, the owner of the dog may make
application to the court to issue a stay of disposition pending determination
of the appeal.
In the event confinement is ordered pursuant to this chapter,
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 and the escape of the dog, and provide
protection from the elements. If the owner fails to confine the dog
as required by such order, the Animal Control Officer, peace officer
acting pursuant to his or her special duties, or police officer or
sheriff shall destroy such dog on or off the premises of the owner.