9:40 A.M.--2 on Peninsula Meadow
10:40 A.M.--1 in Rose Garden
11:10 A.M.--at least 10 on Nethermead
2. The following disturbing email was sent to one of our correspondents last week:
Good Morning,
My dog was attacked by a pit-bull last night in the parking lot of the Brooklyn Museum.
I tried to file a report with the police and the "helpful" Officer Gonzalez(sp?) of the 77th Precinct would not make a report and kept telling me to hire a lawyer.
I am having a difficult time finding any substantive info, ie. official NYS or NYC website information about dog-on-dog violence.
There was an article in the times about a pit that was euthanized by the state for attacking another dog.
http://www.nytimes.com/2007/04/12/nyregion/12dog.html?scp=2&sq=dog-on-dog+law
quote "based on a law that took effect on Jan. 1, 2004, two weeks after the attack, making dog-on-dog attacks subject to serious punishment."
Do you have any information about the law so that I may cite it in my next attempt to file a police report so that the owner of the attacking pit-bull is liable for the $750 vet bill I received last night from Animal Kind?
The answer is not pretty. According to our correspondent, who answered the dog owner, in mid-2004 the New York State Agriculture and Markets law was amended to, among other things, permit anyone who witnesses an attack on a companion animal to complain to the police, who must act. It also explicitly permits the owner of a companion animal to destroy a dog that attacks or threatens to attack the companion animal without fear of civil liability. BUT: this doesn't apply in New York City. In the city, (1) the police have no power to intervene, (2) it's a problem solely for the health commissioner, and (3) if you go after the attacking dog, you're on your own. Following is the law:
Additions are indicated by Text; deletions by
Text. Changes in tables are made but not highlighted.
CHAPTER 392
A. 6635-C
AGRICULTURE--CONTROL--DANGEROUS DOGS
Approved August 17, 2004, effective as provided in section 8
AN ACT to amend the agriculture and markets law and the general municipal law, in relation to dangerous dogs and the regulation thereof and repealing certain provisions of the agriculture and markets law relating thereto
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
§ 1. Subdivision 24 of section 108 of the agriculture and markets law, as amended by chapter 263 of the laws of 2000, is amended to read as follows:
24. (a) "Dangerous dog" means any dog which (a) (i) without justification attacks a person, companion animal as defined in subdivision five of section three hundred fifty of this chapter, farm animal as defined in subdivision four of section three hundred fifty of this chapter or domestic animal as defined in subdivision seven of this section and causes physical injury or death, or (b) (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of harm serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or (c) (iii) without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death.
(b) "Dangerous dog" does not include a police work dog, as defined in subdivision eighteen of this section, which acts in the manner described in this paragraph while such police work dog is being used to assist one or more law enforcement officers in the performance of their official duties.
§ 2. Section 108 of the agriculture and markets law is amended by adding two new subdivisions 28 and 29 to read as follows:
28. "Physical injury" means impairment of physical condition or substantial pain.
29. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
§ 3. Section 121 of the agriculture and markets law, as amended by chapter 530 of the laws of 1997, subdivisions 2 and 7 as amended by chapter 263 of the laws of 2000 and subdivision 11 as amended by chapter 264 of the laws of 2003, is amended to read as follows:
§ 121. Dangerous dogs
1. If any dog shall attack any person who is peaceably conducting himself in any place where he may lawfully be, such person or any other person witnessing the attack may destroy such dog while so attacking or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction.
2. (a) If any dog shall attack, chase or worry any domestic animal, as defined in section one hundred eight of this article, while such animal is in any place where it may lawfully be, the owner or caretaker of such domestic animal, or any other person witnessing such attack may, for the purpose of preventing the killing or injury of such domestic animal, destroy such dog while so attacking, chasing, worrying or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction.
(b) If any dog shall attack and injure any service dog, guide dog or hearing dog, any person witnessing the attack may for the purpose of preventing the killing or injury of such service dog, guide dog or hearing dog, destroy such attacking dog and no liability in damages or otherwise shall be incurred on account of such destruction.
3. 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, farm animal as defined in subdivision twenty-four of section one hundred eight of this article, or of an attack, chasing or worrying of a domestic animal as defined in subdivision seven of section one hundred eight of this article to a dog control officer or police officer of the appropriate municipality. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in subdivision four two of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself.
4. 2. 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 subdivision three hereof one of this section shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack, chasing or worrying 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 special duties, or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided in this section. Whether or not the judge or justice finds there is probable cause for such seizure, he 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 any dog control officer, peace officer, acting pursuant to his special duties, or police officer to cause the dog to be euthanized immediately, or shall order the owner to confine securely such dog permanently except as provided in subdivision six of this section. The owner shall confine the dog indoors or in an enclosed and locked pen or structure as provided for in the order. Such pen or enclosure shall have a secure top and sides and shall be designed to prevent an unauthorized entry of a person, the escape of the dog and to provide protection from the elements. If the owner fails to confine the dog as required by such order, any dog control officer, peace officer, acting pursuant to his special duties, or police officer shall destroy such dog on or off the premises of the owner. 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:
(a) 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;
(b) 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: (1) prevent escape of the dog, (2) protect the public from unauthorized contact with the dog, and (3) to protect the dog from the elements pursuant to section three hundred fifty-three-b of this chapter. Such confinement shall not include lengthy periods of tying or chaining;
(c) restraint of the dog on a leash by an adult of at least twenty-one years of age whenever the dog is on public premises;
(d) 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
(e) maintenance of a liability insurance policy in an amount determined by the court, but in no event in excess of one hundred thousand dollars for personal injury or death resulting from an attack by such dangerous dog.
3. 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 subdivision two of this section:
(a) the dog, without justification, attacked a person causing serious physical injury or death; or
(b) 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
(c) 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 subdivision five of this section 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.
5. 4. 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, or; (b) was justified because the injured, threatened or killed person was tormenting, abusing or, assaulting or physically threatening the dog or its offspring, or has in the past tormented, abused or, assaulted or physically threatened the dog or its offspring; or (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. 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 subdivision.
6 (a) In addition to an order of confinement, issued pursuant to subdivision four of this section, the judge or justice may order the owner or custodian to securely chain and muzzle the dog and require that the dog be under physical restraint of a responsible person when (i) confined in the presence of persons other than the owner or custodian, and (ii) outside such enclosure for brief periods only when and for the period necessary to urinate, defecate or receive medical treatment.
(b) The muzzle described in paragraph (a) of this subdivision shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
7. 5. (a) The owner of a dog found to be a "dangerous dog" pursuant to this section 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 thirty days of the final order pursuant to this section. Court rules governing civil appeals in the appropriate jurisdiction shall govern the appeal of a determination under this section.
(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.
6. 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 four hundred dollars in addition to any other applicable penalties.
8. 7. 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 eight hundred dollars in addition to any other applicable penalties.
9. 8. 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 one thousand dollars, or by a period of imprisonment not to exceed ninety days, or by both such fine and imprisonment in addition to any other applicable penalties.
10. 9. If any dog, which had previously been determined by a judge or justice to be a dangerous dog, as defined in section one hundred eight of this article, 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.
10. The owner or lawful custodian of a dangerous dog shall, except in the circumstances enumerated in subdivisions four and eleven of this section, be strictly liable for medical costs resulting from injury caused by such dog to a person, companion animal, farm animal or domestic animal.
11. The owner shall not be liable pursuant to subdivision seven, eight, nine or ten six, seven, eight, nine or ten of this section 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 one or two of section 130.35 of the penal law, criminal sexual act in the first degree as defined in subdivision one or two of section 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.
12. Nothing contained herein 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.
13. Nothing contained herein in this section shall restrict the rights and powers derived from the provisions of title four of article twenty-one of the public health law relating to rabies and any rule and regulation adopted pursuant thereto.
14. Persons owning, possessing or harboring dangerous dogs shall report the presence of such dangerous dogs pursuant to section two hundred nine-cc of the general municipal law.
15. (a) In the department, there shall be a dangerous dog advisory board consisting of the commissioner, or his or her designee, and four members, two of whom shall be appointed by the speaker of the assembly and two of whom shall be appointed by the senate majority leader. The membership of such board shall include one veterinarian, a certified animal trainer in possession of a valid permit and certificate, a representative of a recognized humane society, such as the American Society for the Prevention of Cruelty to Animals, or similar organization, and a member of the public.
(b) Each member of the advisory board, other than the commissioner, or his or her designee, shall serve for a term of three years, without compensation.
(c) The board shall be appointed and meet within one month of the effective date of this section.
(d) The board shall make recommendations to the commissioner on regulations necessary to carry out the provisions of this section and to promote the health, safety and welfare of the public, and of dangerous dogs.
(e) The board shall meet at least once every four months to assess the regulations promulgated by the commissioner and to make further recommendations on regulations necessary to carry out the provisions of this section. A written report describing its activities and plans shall be issued to the commissioner by the board one year after the effective date of this section and each year thereafter.
§ 4. Paragraphs (d) and (e) of subdivision 1 of section 119 of the agriculture and markets law are REPEALED.
§ 5. The agriculture and markets law is amended by adding a new section 121-a to read as follows:
§ 121-a. Exemption from civil liability
1. If any dog shall, without justification, attack a person, or behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury to a person, when such person is peaceably conducting himself in a place where he may lawfully be, such person or any other person witnessing the attack or threatened attack may destroy such dog while so attacking, and no liability in damages or otherwise shall be incurred on account of such destruction.
2. If any dog shall, without justification, attack a companion animal, farm animal or domestic animal, or shall behave in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a companion animal, farm animal or domestic animal, where such animal is in any place where it may lawfully be, the owner or caretaker of such animal, or any other person witnessing the attack, may destroy such dog, and no liability in damages or otherwise shall be incurred on account of such destruction.
§ 6. Section 209-cc of the general municipal law, as added by chapter 680 of the laws of 2002, is amended to read as follows:
§ 209-cc. Notification of presence of wild animals and dangerous dogs
1. The knowledge of the presence of dangerous wild animals, and dangerous dogs, in the context of emergency services responses, is necessary to protect public safety and the safety of emergency services personnel.
2. As used in this section:
(a) the term "emergency services personnel" means fire, police, and ambulance personnel.
(b) the term "person" means any individual, partnership, corporation, association, or other entity.
(c) the term "wild animal" means any or all of the following orders and families:
(1) Nonhuman primates and prosimians;
(2) Felidae (with the exception of domesticated cats);
(3) Canidae (with the exception of domesticated dogs);
(4) Ursidae;
(5) All venomous snakes and all constrictors and python snakes that are ten feet or greater in length; and
(6) Crocodilia that are five feet or greater in length.
(d) the term "dangerous dog" means a dog found dangerous pursuant to the provisions of section one hundred twenty-one of the agriculture and markets law.
3. The state fire administrator, in consultation with the department of environmental conservation, shall develop and maintain a list of the common names of wild animals to be reported.
4. Except for pet dealers as defined in section seven hundred fifty-two-a of the general business law and zoological facilities licensed pursuant to 7 USC 2132, and in the case of dangerous dogs except for licensed veterinarians in temporary possession of such dogs, every person owning, possessing, or harboring a wild animal or a dangerous dog within this state shall report the presence thereof to the clerk of the city, town, or village in which such wild animal is owned, possessed, or harbored. Such report shall be filed annually on a date to be determined by the state fire administrator in the manner prescribed by the state fire administrator. A separate report shall be filed for each street address at which any such wild animal may be found.
5. Such clerk shall forward a copy of such report to each state police troop, county sheriff, and municipal police agency having jurisdiction over the location of such wild animal or dangerous dog. A copy thereof shall also be forwarded to each fire department, fire corporation, or fire company serving such location and to each ambulance or emergency medical service department, ambulance corporation, or ambulance or emergency medical service company serving such location. In lieu of forwarding a copy of each report, the clerk may compile the contents of the several reports, and forward the compilation.
6. Any person who fails to report the presence of a wild animal or dangerous dog as required in this section shall be subject to a civil penalty of not more than two hundred fifty dollars for the first offense, and upon being found guilty of a second or subsequent offense, by a civil penalty of not less than two hundred fifty dollars or more than one thousand dollars. Except as otherwise provided by law, such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of a person found guilty thereof.
§ 7. The closing paragraph of subdivision 1 of section 118 of the agriculture and markets law, as added by chapter 530 of the laws of 1997, is amended to read as follows:
Promptly upon seizure the dog control officer shall commence a proceeding as provided for in subdivision four two of section one hundred twenty-one of this article.
§ 8. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.
This all looks very good—until one looks closely at just what was amended. § 107 of the Agriculture and Markets Law, which was not amended, says:
"1. This article shall apply to all areas of the state except any city having a population of over two million except that the provisions in this article relating to the animal population control program shall be applicable to the entire state [emphasis added]."
In other words, the law applies everywhere in New York State EXCEPT New York City. New York City has its own, much weaker, law, NYC Code § 17-343 ff, which limits this dog owner’s recourse to complaining to the NYC Health Commissioner, who can order a hearing. So in NYC, the police don’t have to do anything; and if you go after the attacking dog, its owner can sue you and might win. There apparently were legislative efforts to strengthen New York City’s law a few years before, but they came to nought.
We suspect that in restricting this law to areas outside of NYC, the state legislature may have reasoned that NYC already had a perfectly good leash law that was already enforced. But that was before the days of official “off-leash” hours and widespread flouting of the leash law at other times. It seems to us that this law needs to be applied to New York City as well.
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