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.
A. 
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, threatened or killed 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;
(3) 
Was justified because the dog was responding to pain or injury, or was protecting itself, its owner, its custodian, or a member of its household, its kennels or its offspring; or
(4) 
Was justified because the injured, threatened or killed companion animal, farm animal or domestic animal was attacking or threatening to attack the dog or its offspring.
B. 
Testimony of a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert shall be relevant to the court's determination as to whether the dog's behavior was justified pursuant to the provisions of this section.
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.