As used in this article, the following terms
shall have the meanings indicated:
AT LARGE
Any dog which is both:
A.
Off the premises of the owners; and
B.
Not under the direct control and physical custody, restraint
and control by means of leash, chain or cord of the owner or other
person responsible for a dog.
DOMESTIC ANIMAL
Includes cats, dogs and any animal listed in § 108
of the State Agriculture and Markets Law.
OWNER
Any person owning, keeping, harboring or controlling a dog
within the Town of Blooming Grove, and the parent, guardian or other
adult person with whom a minor owner resides, including persons temporarily
in possession of a dog at the owner's request.
TOWN
All public and private areas within the jurisdiction of the
Town of Blooming Grove, outside the Village of Washingtonville.
VICIOUS DOG
A.
Includes:
(1)
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals, as determined pursuant to §
77-12 herein; or
(2)
Any dog which attacks a human being or domestic animal, including dogs and cats without provocation, as determined pursuant to §
77-12 herein; or
(3)
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting, as determined pursuant to §
77-12 herein.
B.
No dog shall be automatically deemed vicious if it bites, attacks or menaces a trespasser an the property of its owner or harms or menaces anyone who has tormented or abused it, as determined pursuant to §
77-12 herein.
The owner of any dog which bites any person
while such person is on or in a public place or lawfully on or in
a private place, including the property of the owner of such dog,
shall be liable for damages suffered by the person bitten regardless
of the known or former viciousness of the dog or the owner's knowledge
of such viciousness. A person is lawfully upon private property within
the meaning of this article when he is on such property in the performance
of any duty imposed upon him by the laws of this state or by the laws
of Postal Regulations of the United States, or when he is on such
property upon the invitation, express or implied, of the owner thereof;
provided, however, that no owner of any dog shall be liable for any
damages to any person or his property when such person shall mischievously
or carelessly provoke or aggravate the dog inflicting such damage.
It shall be an affirmative defense against liability if, at the time
of any such injury, he has displayed in a prominent place on his premises
a sign easily readable including the words "Bad Dog" or words to that
effect.
In the event that a law enforcement agent of
the town has probable cause to believe that a vicious dog is being
harbored or cared for in violation of this article, the town may petition
a court of competent jurisdiction to order the seizure and impounding
of the vicious dog, and in the event that a law enforcement agent
has probable cause to believe that a vicious dog is running at large,
then the agent may seize and impound the dog without seeking prior
court order.
Whoever violates any provision of §
77-9 above shall be guilty of an offense and shall be fined up to a maximum of $1,000 or imprisoned for a term not exceeding 30 days, and any person so found guilty shall also pay any and all expenses, including shelter, food, veterinarian expenses for identification or certification or boarding and veterinarian expenses associated by the seizure of the vicious dog for the protection of the public and any other expenses as may be required for the destruction of any such dog. Any vicious dog which has bitten or attacked a human being shall be destroyed if such vicious dog represents a continuing threat of serious harm to human beings. It shall also be an offense subject to the penalties described above for any person to own or harbor or train any dog for purposes of dog fighting or encouraging said dog to unprovoked attacks upon human beings.
A determination of viciousness shall be made
substantially in accordance with the procedures of the State Agriculture
and Markets Law.