§ 1-04(i(2) of the DPR's Rules and Regulations provides, in relevant part:
Unless specifically prohibited herein or by the Department of Health and Mental Hygiene (“DOHMH"), properly licensed dogs wearing a license tag and vaccinated against rabies pursuant to the laws of the State of New York and City of New York may be unleashed within a designated park or designated portions of a park between the hours of 9:00 p.m. and 9:00 a.m. under the following conditions:[Emphasis added]
1. such dogs shall, except for being unleashed, be kept under the control of their owner and shall not at any time harass or injure any park patron and/or, harass, injure, damage, sever, mutilate, or kill any animal, tree, planting, flower, shrub or other vegetation;
We'd guess this dog wasn't licensed and if so was not permitted to be off-leash in the first place. In any event, as we said yesterday, the owner broke the law because the dog wasn't under the owner's control and was harassing a bird. The owner should consider herself fortunate that she didn't get a summons.