The owner of a dog who, through any act or omission, negligently
permits his or her dog to bite a person, domestic animal, service
dog, guide dog or hearing dog, causing physical injury, shall be subject
to a civil penalty not to exceed $400 in addition to any other applicable
penalties.
The owner of a dog who, through any act or omission, negligently
permits his or her dog to bite a person, domestic animal, service
dog, guide dog or hearing dog, causing serious physical injury, shall
be subject to a civil penalty not to exceed $1,500 in addition to
any other applicable penalties. Any such penalty may be reduced by
any amount which is paid as restitution by the owner of the dog to
the person or persons suffering serious physical injury as compensation
for unreimbursed medical expenses, lost earnings and other damages
resulting from such injury to such person or persons, or their domestic
animal, service dog, guide dog or hearing dog.
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 or vicious pursuant to this chapter, to bite a person, domestic
animal, service dog, guide dog or hearing dog, causing serious physical
injury, shall be guilty of a misdemeanor punishable by a fine of not
more than $3,000, 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. Any such fine may be reduced by any amount which
is paid as restitution by the owner of the dog to the person or persons
suffering serious physical injury as compensation for unreimbursed
medical expenses, lost earnings and other damages resulting from such
injury to such person or persons, or their domestic animal, service
dog, guide dog or hearing dog.
If any dog, which had previously been determined by a judge
or justice to be a dangerous or vicious dog, shall without justification
kill or cause the death of any person who is peaceably conducting
himself or herself in any place where he or she may lawfully be, regardless
of whether such dog escapes without fault of the owner, the owner
shall be guilty of a Class A misdemeanor in addition to any other
penalties.
The owner or lawful custodian of a dangerous dog shall, except in the circumstances enumerated in §§ 52-14 and 52-26 of this chapter, be strictly liable for medical costs resulting from injury caused by such dog to a person, companion animal, farm animal, service dog, guide dog, hearing dog or domestic animal.
The owner shall not be liable pursuant to § 52-21, 52-22, 52-23, 52-24 or 52-25 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 Subdivision 1 or 2 of § 130.35 of the Penal Law, criminal sexual act in the first degree as defined in Subdivision 1 or 2 of § 130.50 of the 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.
Nothing contained herein shall limit or abrogate any claim or
cause or action under common law or by statute. The provisions of
this section shall be in addition to such common law and statutory
remedies.
Nothing contained herein shall restrict the rights and powers
derived from the provisions of Article 21, Title IV, of the New York
Public Health Law relating to rabies and any rule and regulation adopted
pursuant thereto.
In addition to any penalties and fines set forth herein, the
fee for seizure and impoundment of dogs in violation of this chapter,
any provision of the Agriculture and Markets Law, or any rule or regulation
adopted or promulgated by the Department of Agriculture and Markets
are as follows:
