As used in this article, the following terms
shall have the meanings indicated:
DANGEROUS DOG
Any dog which menaces, threatens, attacks or bites a person
who is peaceably conducting himself or herself in any place where
he or she may lawfully be; any dog owned, harbored or trained primarily
or in part for the purpose of dog fighting; any dog owned, harbored
or trained primarily or in part for the purpose of attacking a human
being or domestic animal on command; or any dog which menaces, threatens,
attacks or bites another dog, cat or animal peaceably conducting itself
in any place in which it may lawfully be present.
[Amended 4-27-2022 by L.L. No. 10-2022]
A. The owner of a dog who, through any act or omission,
negligently permits his or her dog to bite a domestic animal causing
physical injury shall be subject to a fine of not less than $100 nor
more than $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 domestic animal causing
serious physical injury shall be subject to a fine of not less than
$200 nor more than $800 in addition to any other applicable penalties.
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 state or local law, to bite a domestic
animal, or a person, causing serious physical injury, shall be guilty
of a misdemeanor punishable by a fine of not less than $500 nor more
than $1,500, 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.
[Amended 12-20-2023 by L.L. No. 25-2023]
D. If any dog, which had previously been determined by a judge or justice to be a dangerous dog as defined in §
106-32 of this article, shall, without justification, kill or cause the death of any domestic animal, or a person, who is peaceably conducting itself, himself or herself in any place where it, he or she may lawfully be present, regardless of whether such dog escaped without fault of the owner, the owner shall be guilty of a Class A Misdemeanor, in addition to any other penalties.
E. Any dog owner found by the Bureau of Administrative Adjudication to have violated Subsection
A,
B,
C or
D shall likewise be subject to a monetary penalty in an amount within the range of fines authorized in such subsections.
F. The owner shall not be liable pursuant to Subsections
A,
B,
C or
D of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission or a murder, robbery, burglary, arson, rape in the first degree as defined in § 130.35, Subdivision 1 or 2, of the New York Penal Law, sodomy in the first degree as defined in § 130.50, Subdivision 1 or 2, of the New York 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.
This article shall apply to any actions occurring
on or after the effective date of this article.
If any clause, sentence, paragraph, subdivision,
section or part of this article or the application thereof to any
person, individual, corporation, firm, partnership, entity or circumstance
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgement shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section
or part of this article, or in its application to the person, individual,
corporation, firm, partnership, entity or circumstance directly involved
in the controversy in which such order or judgement shall be rendered.
This article shall take effect on September
1, 2001.