[Adopted 12-17-2002 by L.L. No. 2-2002; amended in its entirety 5-13-2019 by L.L. No. 1-2019]
This article is adopted pursuant to the authority of § 10 of the Municipal Home Rule Law and shall be known as the "A local law of the Town of Walton amending Local Law No. 2 of the year 2002 relating to Dangerous Dog Regulation and Protection."
This article shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by dangerous dogs.
A. 
Any person who witnesses an attack or threatened attack, or, in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in § 350 of the New York State Agriculture and Markets Law (AGM), farm animal as defined in such § 350, or a domestic animal as defined in Subdivision 7 of § 108 of AGM to the Walton Dog Control Officer. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in Subsection B below and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself.
B. 
Any person who witnesses an attack or threatened attack, or, in the case of a minor, an adult acting on behalf of such minor, may, and any dog control officer or police officer as provided in Subsection A of this section shall, make a complaint under oath or affirmation to any municipal Judge or Justice of such attack or threatened attack. Thereupon, the Judge or Justice shall 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 or her special duties, or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as provided in this section. 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 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:
(1) 
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;
(2) 
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 prevent escape of the dog, protect the public from unauthorized contact with the dog, and protect the dog from the elements pursuant to § 353-b of AGM. Such confinement shall not include lengthy periods of tying or chaining;
(3) 
Restraint of the dog on a leash by an adult of at least 21 years of age whenever the dog is on public premises;
(4) 
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
(5) 
Maintenance of a liability insurance policy in an amount determined by the court, but in no event in excess of $100 for personal injury or death resulting from an attack by such dangerous dog.
A. 
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 § 75-16B of this article:
(1) 
The dog, without justification, attacked a person, causing serious physical injury or death; or
(2) 
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
(3) 
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 § 75-18 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.
B. 
Justification of behavior.
(1) 
A dog shall not be declared dangerous if the court determines the conduct of the dog:
(a) 
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;
(b) 
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;
(c) 
Was justified because the dog was responding to pain or injury, or was protecting itself, its owner, custodian, or a member of its household, its kennels or its offspring; or 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.
(2) 
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 subsection.
A. 
The owner of a dog found to be a dangerous dog pursuant to this article 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 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 article. Court rules governing civil appeals in the appropriate jurisdiction shall govern the appeal of a determination under this article.
B. 
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.
A. 
The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, 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.
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 $105 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.
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 this article, to bite a person, causing serious physical injury, shall be guilty of a misdemeanor, punishable by a fine of not more than $300, 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.
D. 
If any dog, which had previously been determined by a Judge or Justice to be a dangerous dog, as defined in § 108 of AGM, 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.
E. 
The owner or lawful custodian of a dangerous dog shall, except in the circumstances enumerated in Subdivisions 4 and 11 of § 123 of the Agriculture and Markets Law, be strictly liable for medical costs resulting from injury caused by such dog to a person, companion animal, farm animal or domestic animal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The owner shall not be liable pursuant to § 75-19 of this article 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 in this section shall limit or abrogate any claim or cause of action any person who is injured by a dog with a vicious disposition or a vicious propensity may have under common law or by statute. The provisions of this section shall be in addition to such common law and statutory remedies.
Nothing contained in this section shall restrict the rights and powers derived from the provisions of Title 4 of Article 21 of the Public Health Law relating to rabies and any rule and regulation adopted pursuant thereto.
Persons owning, possessing or harboring dangerous dogs shall report the presence of such dangerous dogs pursuant to § 209-cc of the General Municipal Law.
All ordinances, local laws and parts thereof inconsistent with this article are hereby repealed.
This article shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.