The Common Council finds that dogs defined in §
250-9, when uncontrolled, can pose a substantial threat to public safety and welfare. This year news accounts across the country, and incidents in the City of Peekskill, of vicious attacks by dogs against people and other animals have increased dramatically, with children and elderly persons being the most frequent victims. In response to the accounts of numerous deaths and serious injury from such attacks, the American Society for the Prevention of Cruelty to Animals (ASPCA) has called for a formal study to determine more effective measures to control pit bulls, which along with rottweilers, are the breeds most involved in such incidents in the City of Peekskill. These dogs are often bred or raised to promote aggressive and vicious traits to make them more suitable for fighting or guarding. These traits have led to vicious and unpredictable attacks against other animals and people. Strict controls on the handling of such animals are necessary to help eliminate the likelihood of such attacks in the City of Peekskill.
As used in this article, the following words and terms have the following meanings:
DANGEROUS DOG A. Any dog:
(1) Ordered confined pursuant to the provisions of § 121 of the Agriculture and Markets Law; or
(2) Which, when unprovoked, approaches any person upon the streets, sidewalks or on any public grounds or places in a vicious or terrorizing manner or in any apparent attitude of attack; or
(3) With a known tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
(4) Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or
(5) Owned, harbored or trained primarily or in part for the purpose of dog fighting; or
(6) Owned, harbored or trained primarily or in part for the purpose of attacking a human being or domestic animal upon command.
B. Because of their characteristics and disproportionate involvement in dog fighting, and incidents resulting in injury to humans and other domestic animals in the City of Peekskill, there will be a presumption, which may be rebutted only by substantial evidence, that the following dogs are dangerous:
(1) Identifiable as a whole or part of a breed commonly known as a "pit bull," including dogs which are any of the following breeds or which have an element of its breeding in any of the following breeds: bull terrier, Staffordshire bull terrier, American pit bull terrier or American Staffordshire terrier; or
(2) Identifiable as a whole or part of a breed commonly known as a "rottweiler."
DOMESTIC ANIMAL A domestic animal under this chapter means a "domestic animal" as defined in § 108 of the Agriculture and Markets Law of the State of New York or a "companion animal" and "pet" as defined in § 350 of the Agriculture and Markets Law of the State of New York, including any dog or cat or any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal.
[Added 12-10-2007 by L.L. No. 10-2007]
KEEPER Any person other than the owner of a dangerous dog who possesses, harbors, manages, controls or cares for a dangerous dog.
MENACING The display of a dog of a disposition, determination or intent to attack or inflict injury or harm to a human being or other domestic animal.
OWNER Any person or legal entity having a possessory property right in a dangerous dog or who harbors, cares for or exercises control over a dangerous dog, or knowingly permits a dangerous dog to remain on premises occupied by him or her.
SEVERE INJURY Any physical injury that results in broken bones or disfiguring lacerations requiring either multiple stitches or cosmetic surgery.
UNPROVOKED That the dog was not hit, kicked or struck by a person with any object or part of a person's body, nor was any part of the dog's body pulled, pinched or squeezed by a person.
No dog will be declared dangerous pursuant to §
250-10 if the threat, injury or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the keeper or the owner of the dog or was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime, nor will any dog be declared dangerous if it was responding to pain or injury or was protecting itself or its offspring.
No person shall own or harbor, sell, offer for sale, breed, buy or attempt to buy any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to attack human beings or domestic animals when not provoked.
The Judge may order the humane destruction of any dog which is found to be a dangerous dog after a hearing and which is proven to have killed or caused severe injury to a human being when unprovoked.
If any provision of this article is adjudged invalid, the adjudication will apply to only the provision adjudged invalid, and the balance of this article will remain valid and effective.