HomeMy WebLinkAboutArticle 7 NYS Ag & Mkts Law Rev. 10/2009STATE OF NEW YORK
Department of
AGRICULTURE AND MARKETS
Albany, New York 12235
ARTICLE 7
Of the Agriculture & Markets Law
(Chapters 220 & 221, Laws of 1978)
Relating to
LICENSING, IDENTIFICATION AND CONTROL OF DOGS
AND ANIMAL POPULATION CONTROL PROGRAM
Article 28B - Abandoned Animals
Parts 77, 78, & 79 of Title I (care of seized dogs)
Chapter 115 of the Laws of 1894 - Sections 8, 9 & 10
State Finance Law, Sections 97-rr & 97-xx
(pet dealer licensing fund 8,
animal population control program)
CIRCULAR 950
DIVISION OF ANIMAL INDUSTRY
Revised October 2009
AGM Article 7
ARTICLE 7
LICENSING, IDENTIFICATION AND CONTROL OF DOGS
Section
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
117-a.
118.
119.
120.
121.
121-a.
121-b.
122.
123.
124.
125.
126.
Page
Purpose. 3
Application. 3
Definitions. 3
Licensing of dogs; rabies vaccination requirement. 5
License fees. 9
Disposition of license fees. 10
Identification of dogs. 13
Change of ownership; lost or stolen dog. 13
Dog control officers. 14
Pounds and shelters. 15
Funds expended by municipality for services. 15
Spaying and neutering facilities authorized. 15
Animal population control program. 15
Seizure of dogs; redemption periods; impoundment fees; 19
adoption,
Violations. 21
Disposition of fines. 23
Dangerous dogs. 23
Exemption from civil liability. 26
Offenses against service animals and handlers. 26
Protection of deer. 27
Night quarantine. 28
Local laws or ordinances. 28
Indemnification for dog damage. 28
Duties and powers of commissioner. 31
Article 25-B Abandoned Animals
Parts 77, 78 & 79 of Title 1
Chapter 115 of the Laws of 1894
State Finance Law
32
33
41
42
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§ 106. Purpose. The purpose of this article is to provide for the licensing and
identification of dogs, the control and protection of the dog population and the
protection of persons, property, domestic animals and deer from dog attack and
damage.
§ 107. Application. 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.
2. In the event that any dog owned by a resident of any city having a population of
over two million or by a non-resident of this state is harbored within this state outside
of any such city, such dog shall be exempt from the identification and licensing
provisions of this article for a period of thirty days provided such dog is licensed
pursuant to the provisions of law of the area of residence.
3. This article shall not apply to any dog confined to the premises of any public or
private hospital devoted solely to the treatment of sick animals, or confined for the
purposes of research to the premises of any college or other educational or research
institution.
4. This article shall not apply to any dog confined to the premises of any person, firm
or corporation engaged in the business of breeding or raising dogs for profit and
licensed as a class A dealer under the Federal Laboratory Animal Welfare Act,
provided that such person, firm or corporation has obtained a certificate of exemption.
Application for such certificate shall be made annually to the commissioner and shall be
accompanied by a fee of one hundred dollars.
5. Nothing contained in this article shall prevent a municipality from adopting its own
program for the control of dangerous dogs; provided, however, that no such program
shall be less stringent than this article, and no such program shall regulate such
dogs in a manner that is specific as to breed. Notwithstanding the provisions of
subdivision one of this section, this subdivision and section one hundred twenty-one
of this article shall apply to all municipalities including cities of two million or more.
§ 108. Definitions. As used in this article, unless otherwise expressly stated or
unless the context or subject matter requires otherwise:
1. "Adoption" means the delivery to any natural person eighteen years of age or
older, for the limited purpose of harboring a pet, of any dog, seized or surrendered, or
any cat.
3. "Clerk" means the clerk of any town, city or village where licenses are validated or
issued pursuant to this article.
4. "Commissioner" means the state commissioner of agriculture and markets.
5. "Dog" means any member of the species canis familiaris.
6. "Dog control officer" means any individual appointed by a municipality to
assist in the enforcement of this article or any authorized officer, agent or
employee of an incorporated humane society or similar incorporated dog protective
association under contract with a municipality to assist in the enforcement of this
article.
7. "Domestic animal" means any domesticated sheep, horse, cattle, fallow deer,
red deer, sika deer, whitetail deer which is raised under license from the department of
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environmental conservation, llama, goat, swine, fowl, duck, goose, swan, turkey,
confined domestic hare or rabbit, pheasant or other bird which is raised in
confinement under license from the state department of environmental conservation
before release from captivity, except that the varieties of fowl commonly used for
cock fights shall not be considered domestic animals for the purposes of this
article.
8. "Euthanize" means to bring about death by a humane method.
9. "Guide dog" means any dog that is trained to aid a person who is blind and is
actually used for such purpose, or any dog owned by a recognized guide dog training
center located within the state during the period such dog is being trained or bred for
such purpose.
10. "Harbor" means to provide food or shelter to any dog.
11. "Identification tag" means a tag which sets forth an official identification
number as required by the provisions of this article.
12. "Identified dog" means any dog carrying an identification tag as provided in
section one hundred twelve of this article.
13. "Municipality" means any county, town, city and village.
14. "Official identification number" means a series or combination of letters,
numbers or symbols approved and furnished by the commissioner.
15. "Owner" means any person who harbors or keeps any dog.
16. "Owner of record" means the person in whose name any dog was last licensed
pursuant to either subdivision one or subdivision two of section one hundred nine
of this article, except that if any license is issued on application of a person under
eighteen years of age, the owner of record shall be deemed to be the parent or
guardian of such person. If it cannot be determined in whose name any dog was last
licensed or if
the owner of record has filed a statement pursuant to the provisions of section one
hundred thirteen of this article, the owner shall be deemed to be the owner of record of
such dog, except that if the owner is under eighteen years of age, the owner of
record shall be deemed to be the parent or guardian of such person.
17. "Person" means any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
18. "Police work dog" means any dog owned or harbored by any state or municipal
police department or any state or federal taw enforcement agency, which has been
trained to aid law enforcement officers and is actually being used for police work
purposes.
19. "Recognized registry association" means any registry association that operates
on a nationwide basis, issues numbered registration certificates and keeps such
records as may be required by the commissioner.
20. "War dog" means any dog which has been honorably discharged from the
United States armed services.
21. "Hearing dog" means any dog that is trained to aid a person with a hearing
impairment and is actually used for such purpose, or any dog owned by a
recognized training center located within the state during the period such dog is being
trained or bred for such purpose.
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22. "Service dog" means any dog that has been or is being individually trained to do
work or perform tasks for the benefit of a person with a disability, provided that the
dog is or will be owned by such person or that person's parent, guardian or other legal
representative.
23. "Person with a disability" means any person with a disability as that term is
defined in subdivision twenty-one of section two hundred ninety-two of the executive
law.
24. (a) "Dangerous dog" means any dog which (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 (ii) behaves in a manner which a reasonable
person would believe poses a serious and unjustified imminent threat of serious
physical injury or death to one or more persons, companion animals, farm
animals or domestic animals or (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.
25. "Working search dog" means any dog that is trained to aid in the search for
missing persons, is actually used for such purpose and is registered with the
department; provided, however, that such services provided by said dog shall be
performed without charge or fee.
26. "Therapy dog" means any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and other settings
and is actually used for such purpose, or any dog owned by a recognized training
center located within the state during the period such dog is being trained or bred for
such purpose.
27. "Detection dog" means any dog that is trained and is actually used for such
purposes or is undergoing training to be used for the purpose of detecting controlled
substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional
facility contraband.
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.
§ 109. Licensing of dogs; rabies vaccination requirement. 1. Licensing of dogs. (a)
The owner of any dog reaching the age of four months shall immediately make
application for a dog license. No license shall be required for any dog which is
under the age of four months and which is not at large. Except as otherwise provided
in this subdivision, a license shall be issued or renewed for a period of one year,
provided, that at the option of the governing board of the municipality, a license may
be issued or renewed for a period of one, two or three years, and provided further,
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that no license shall be issued for a period expiring after the last day of the eleventh
month following the expiration date of the current rabies certificate for the dog
being licensed. All licenses shall expire on the last day of the last month of the period
for which they are issued. In the event an applicant for a license presents, in lieu of
a rabies certificate, a statement certified by a licensed veterinarian, as provided in
subdivision three of this section, a license shall be issued or renewed for a period of
one year from the date of said statement. Any municipality, authorized to issue
licenses pursuant to this article, which has a population not exceeding two
thousand five hundred may, upon the approval of and pursuant to rules and
regulations promulgated by the commissioner, establish a common renewal date for
all such licenses. A license issued by a municipality that has established a common
renewal date shall expire no later than the common renewal date prior to the
expiration date of the rabies certificate for the dog being licensed.
(b) Application for a dog license shall be made to the clerk of the town or city or, in
the counties of Nassau and Westchester, incorporated village in which the dog is
harbored or to the village clerk of those villages in the county of Rockland with a
population of fiffeen thousand or more which have elected to accept applications
pursuant to the provisions of this paragraph or to the village clerk of the village of
Newark in the county of Wayne upon the election of the village of Newark pursuant to
the provisions of this paragraph. Provided, however, that in the counties of Nassau
and Westchester, the board of trustees of any incorporated village may by resolution
provide that applications for licenses shall no longer be made to the village clerk, but
to the clerk of the town in which the village is situated. If such resolution is
approved by the town board of the town in which the village is situated, such resolution
shall become effective not less than six months after a certified copy of such resolution
of the village board and of the resolution of approval of the town board shall have
been filed with the commissioner. Provided further, however, that in the county of
Rockland, the board of trustees of any incorporated village with a population of fifteen
thousand or more may by resolution provide that application for licenses shall be made
to the village clerk. Provided further, however, that in the county of Wayne, the
board of trustees of the village of Newark may by resolution provide that application for
licenses shall be made to the village clerk. If such resolution is approved by the town
or towns in which the village is located, it shall become effective not less than six
months after a certified copy of such approved resolution shall have been filed with
the commissioner. The governing body of any town or city or, in the counties of Nassau
and Westchester, incorporated village or in the county of Rockland, those villages with
a population of fifteen thousand or more which have so elected to accept applications
or in the county of Wayne, the village of Newark if such village has so elected to
accept applications may, on resolution of such body, authorize that such
application be made to one or more named dog control officers of any such town, city
or village. The issuance of any license by any such officer shall be under the control
and supervision of the clerk. In the case of a seized dog being redeemed or a
dog being otherwise obtained from a county animal shelter or pound, such
application may be made to the county dog control officer in charge of such facility
provided such officer has been authorized by the commissioner to accept such
applications, in the case of a dog being redeemed or a dog being adopted from a
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shelter or pound established, maintained or contracted for, pursuant to section one
hundred fifteen of this article, such application may be made to the manager of
such facility, provided such manager has been authorized by the commissioner to
accept such application. Such authorization shall be requested by the governing body
of the pound or shelter and the granting or denial of such authorization shall be in the
discretion of the commissioner.
(c) The application shall state the sex, actual or approximate age, breed, color, and
official identification number of the dog, and other identification marks, if any, and the
name, address, telephone number, county and town, city or village of residence of the
owner.
(d) The application shall be accompanied by the license fee prescribed by section
one hundred ten of this article and a certificate of rabies vaccination or statement in
lieu thereof, as required by subdivision three of this section. In the case of a spayed or
neutered dog, every application shall also be accompanied by a certificate signed
by a licensed veterinarian or an affidavit signed by the owner, showing that the dog
has been spayed or neutered, provided such certificate or affidavit shall not be
required if the same is already on file with the clerk or authorized dog control officer.
In lieu of the spay or neuter certificate an owner may present a statement certified by
a licensed veterinarian stating that he has examined the dog and found that because
of old age or other reason, the life of the dog would be endangered by spaying or
neutering. In such case, the license fee for the dog shall be the same as for a spayed
or neutered dog as set forth in paragraph (a) of subdivision one of section one
hundred ten of this article.
(e) Upon validation by the clerk, authorized dog control officer or authorized pound
or shelter manager, the application shall become a license for the dog described
therein. Once an application has been validated, no refund therefor shall be made.
(f) The clerk, authorized dog control officer or authorized pound or shelter manager
shall: (i) provide a copy of the license to the owner; (ii) send, by the fifth day of the
month following the month of license issuance, a copy of the license, or a report
of the information contained therein, to the commissioner; and (iii) retain a record of the
license in the manner prescribed by the commissioner. In addition, the authorized
pound or shelter manager shall send, within forty-eight hours of validation, a copy of
the license to the licensing municipality within which the dog is to be harbored.
(g) No license shall be transferable. Upon the transfer of ownership of any dog,
the new owner shall immediately make application for a license for such dog.
(h) Notwithstanding the provisions of any general, special or local law, or any rule
or regulation to the contrary, the clerk, authorized dog control officer or authorized
pound or shelter manager in municipalities having a population of less than one
hundred thousand shall send to the commissioner a copy of the validated license; or
a report of the information therein, by the fifth day of the month following the
month of license issuance. In addition, the authorized dog control officer or
authorized pound or shelter manager in such municipalities shall, within five
business days after the license has been validated, send a copy of the validated
license to the licensing municipality in which the dog is to be harbored.
2. Purebred license. (a) The owner of one or more purebred dogs registered by
a recognized registry association may annually make an application for a purebred
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license, in lieu of or in addition to the individual licenses required by subdivision one
of this section. A purebred license shall be valid for a period of one year beginning
with the first day of the month following the date of issuance and shall be renewable
annually thereafter prior to the expiration date.
(b) Such application shall be made to the person specified in paragraph (b)of
subdivision one of this section.
(c) The application shall state the name, address and telephone number of the
owner; the county and city, town or village where such dogs are harbored; the sex,
breed, registry name and number of each purebred registered dog over the age of
four months which is harbored on the premises; and the sex and breed of each
purebred dog over the age of four months which is harbored on the premises and
which is eligible for registration. The application shall also include a statement by
the owner that all purebred dogs over the age of four months which are harbored
on the premises have been listed.
(d) The application shall be accompanied by the license fee prescribed by section
one hundred ten of this article and a certificate of rabies vaccination or statement in lieu
thereof, as required by subdivision three of this section.
(e) Upon receipt of the foregoing items, the clerk or authorized dog control officer
shall assign a license number, which shall be reserved for the sole use of the named
owner, and shall issue a purebred license. Once a purebred license has been
issued, no refund therefor shall be made.
(f) The clerk, authorized dog control officer or authorized pound or shelter manager
shall: (i) provide a copy of the purebred license to the owner; (ii) send, by the fifth day
of the month following the month of license issuance, a copy of the purebred license, or
a report of the information contained therein, to the commissioner; and (iii) retain a
record of the purebred license in the manner prescribed by the commissioner. In
addition, the authorized dog control officer or authorized pound or shelter manager
shall send, within forty-eight hours of validation, a copy of the license to the
licensing municipality within which the dog is to be harbored.
(g) No purebred license shall be transferable. Upon change of ownership of
any dog licensed under a purebred license, such dog shall become subject to the
licensing provisions of subdivision one of this section, except when the new owner
holds a valid purebred license.
(h) Notwithstanding the provisions of any general, special or local law, or any rule
or regulation to the contrary, the clerk, authorized dog control officer or authorized
pound or shelter manager in municipalities having a population of less than one
hundred thousand shall send to the commissioner a copy of the validated license, or
a report of the information contained therein, by the fifth day of the month following
the month of license issuance. In addition, the authorized dog control officer or
authorized pound or shelter manager in such municipalities shall, within five business
days after the license has been validated, send a copy of the validated license to
the licensing municipality within which the dog is to be harbored.
3. The clerk, authorized dog control officer or authorized pound or shelter
manager, at the time of issuing any license pursuant to this article, shall require the
applicant to present a statement certified by a licensed veterinarian showing that the
dog or dogs have been vaccinated to prevent rabies or, in lieu thereof, a statement
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certified by a licensed veterinarian stating that because of old age or other reason,
the life of the dog or dogs would be endangered by the administration of
vaccine. The clerk, authorized dog control officer or authorized pound or shelter
manager shall make or cause to be made from such statement a record of such
information as may be required by the commissioner and shall file such record with a
copy of the license.
§ 110. License fees. 1. The license fee for each dog license issued pursuant to
subdivision one of section one hundred nine of this article shall be:
(a) two dollars and fifty cents for each spayed or neutered dog and seven dollars
and fifty cents for each unspayed or unneutered dog licensed for one year;
(b) five dollars for each spayed or neutered dog and fifteen dollars for each
unspayed or unneutered dog licensed for two years;
(c) seven dollars and fifty cents for each spayed or neutered dog and twenty-two
dollars and fifty cents for each unspayed or unneutered dog licensed for three years.
2. The annual fee for each purebred license issued pursuant to subdivision two
of section one hundred nine of this article shall be:
(a) twenty-five dollars, if no more than ten registered purebred dogs or purebred
dogs eligible for registration over the age of six months are harbored on the owner's
premises at the time of the application;
(b) fifty dollars, if no more than twenty-five registered purebred dogs or purebred
dogs eligible for registration over the age of six months are harbored on the
premises at the time of application; or
(c) one hundred dollars, if more than twenty-five registered purebred dogs or
purebred dogs eligible for registration over the age of six months are harbored on
the premises at the time of application.
3. There shall be no fee for any license issued for any guide dog, hearing dog,
service dog, war dog, working search dog, detection dog, police work dog or therapy
dog. Each copy of any license for such dogs shall be conspicuously marked "Guide
Dog," "Hearing Dog," "Service Dog", "Working Search Dog", "War Dog", "Detection
Dog", "Police Work Dog," or "Therapy Dog", as may be appropriate, by the clerk or
authorized dog control officer.
4. a. Any town or city or any village issuing licenses pursuant to the provisions of this
article may, by local law or ordinance, set license fees in addition to those set by
subdivisions one and two of this section, provided that the total fee for an unspayed or
unneutered dog shall be at least five dollars more than the total fee for a spayed or
neutered dog, and further provided that such additional fees shall not exceed, in the
case of subdivision one of this section, ten dollars for each year or portion thereof for
which a license is issued and, in the case of subdivision two of this section,
twenty-five dollars. Such additional fees shall be the property of the municipality
setting the same and shall be used only for controlling dogs and enforcing this
article and any rule, regulation, or local law or ordinance adopted pursuant thereto,
including subsidizing the spaying or neutering of dogs and any facility as authorized
under section one hundred seventeen of this article used therefor, and subsidizing
public humane education programs in responsible dog ownership.
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b. Any town, city or village enacting the provisions of paragraph a of this subdivision
may adopt a resolution exempting from the payment of such additional fees, dogs
owned by one or more persons each of whom is sixty-five years of age or over.
c. In addition to the fee charged pursuant to subdivisions one and two of this
section, any person applying for a dog license for a period of up to and including one
year or purebred license shall pay a fee of three dollars for any dog four months of
age or older which has not been spayed or neutered unless an owner presents with the
license application a statement certified by a licensed veterinarian stating that he or
she has examined the dog and found that because of old age or other reason, the life
of the dog would be endangered by spaying or neutering. Provided, however, that
the fee shall be six dollars in the case of an unspayed or unneutered dog licensed for
a period of more than one and no more than two years and nine dollars in the case
of an unspayed or unneutered dog licensed for a period of more than two and no more
than three years, unless the owner presents with the license application a statement
certified by a licensed veterinarian stating that because of old age or other reason,
the life of the dog would be endangered by spaying or neutering. All fees collected
pursuant to the provisions of this paragraph shall be forwarded by the
commissioner to the state comptroller for deposit in the animal population control fund,
created pursuant to section ninety-sevemxx of the state finance law and section one
hundred seventeen-a of this article.
d. In addition to any other applicable fee, any person applying for a dog or purebred
license for a dog identified as unlicensed during an enumeration conducted
pursuant to subdivision seven of section one hundred fourteen of this article shall
pay a fee of five dollars. Such additional fee shall be the property of the licensing
municipality and shall be used to pay the expenses incurred by the municipality in
conducting the enumeration. In the event the additional fees collected exceed the
expenses incurred by the municipality in conducting an enumeration in any year,
such excess fees may be used by the municipality for any other lawful purpose.
§ 111. Disposition of license fees. 1. (a) On or before the fifth day of each month,
the clerk or authorized county dog control officer shall remit to the appropriate county
financial officer forty-seven percent of all license fees, except those exempted by
paragraphs a, b and c of subdivision four of section one hundred ten of this article,
collected during the preceding month. The remittance shall be accompanied by a
report of license sales made during said month. A copy of such report shall
simultaneously be sent to the commissioner. The balance of such license fees shall
be the property of the reporting municipality and shall be used only for controlling
dogs and enforcing this article and any rule, regulation, or local law or ordinance
adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and
any facility, as authorized under section one hundred seventeen of this article, used
therefor, and subsidizing public humane education programs in responsible dog
ownership.
(b) On or before the fifth day of each month, the authorized pound or shelter
manager shall remit to the financial officer of the county within which the shelter is
located, forty-seven percent of all license fees, except those exempted by paragraphs
a, b and c of subdivision four of section one hundred ten of this article, collected
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during the preceding month. The remittance shall be accompanied by a report of
license sales made during said month. A copy of such report shall simultaneously
be sent to the commissioner. The authorized pound or shelter manager shall remit
the balance of such license fees to the financial officer of the licensing municipality
within which the shelter is located. The fees remitted to the municipality shall be the
property of that municipality and shall be used only for controlling dogs and
enforcing this article and any rule, regulation, or local law or ordinance adopted
pursuant thereto, including subsidizing the spaying or neutering of dogs and any
facility, as authorized under section one hundred seventeen of this article, used
therefor, and subsidizing public humane education programs in responsible dog
ownership.
2. On the fifteenth day of each month, the county financial officer shall remit to the
commissioner thirty-six percent of all license fees received by the county under this
article. The moneys retained by the county shall be used for controlling dogs and
enforcing this article and any rule, regulation, or local law or ordinance adopted
pursuant thereto, including subsidizing the spaying or neutering of dogs and any
facility, as authorized under section one hundred seventeen of this article, used
therefor, and subsidizing public humane education programs in responsible dog
ownership, and may also be used for the prevention and investigation of cruelty to
animals.
3. On or before the first day of February in each year, the county financial officer
shall apportion and pay to the appropriate financial officer of each town, city and village
in the county, ratably to the annual remittance made to the county by such town,
city or village, seventy-five percent of any portion of the moneys not expended by the
county during the preceding calendar year for the purposes set forth in subdivision two
of this section. Such moneys shall be used by the towns, cities and villages only for the
purposes set forth in subdivision one of this section.
4. (a) The moneys received by the commissioner pursuant to subdivision two
of this section shall be paid into the state treasury, and shall, so far as necessary,
be appropriated annually by the legislature to the department to be used by the
commissioner in supervising the enforcement of and in implementing this article
and rules and regulations promulgated pursuant thereto, including, without limitation,
the issuance of special identification tags for guide dogs, service dogs, hearing dogs
and detection dogs. In addition, from such moneys paid into the state treasury, the
legislature shall appropriate annually to the New York State Veterinary College at
Cornell a sum equivalent to ten cents for each dog license issued for a period of up
to and including one year, a sum equivalent to twenty cents for each dog license issued
for a period of more than one and no more than two years and a sum equivalent to
thirty cents for each dog license issued for a period of more than two and no more than
three years, to be used by the college to conduct studies into diseases of dogs and to
search for and study viruses that affect man and animals, or to study and develop a
pharmaceutical contraceptive for dogs.
(b) The commissioner shall also remit to the state treasury the moneys received by
him pursuant to the dog license law of the city of New York (section eight-a of chapter
one hundred fifteen of the laws of eighteen hundred ninety-four, as added by chapter
one thousand two of the laws of nineteen hundred seventy). Such moneys shall be
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appropriated annually by the legislature to the veterinary college for the purposes set
forth in paragraph (a) above.
(c) The expenditure of moneys from license fees appropriated to support
research conducted at the New York State College of Veterinary Medicine at Cornell
into canine diseases affecting humans and animals shall not exceed the annual
revenues obtained from fees received under this section for such purposes.
5. (a) On or before the fifteenth day of each month, the clerk of any city, town or
village located in Nassau county where licenses are validated or issued pursuant to
this article shall remit directly to the commissioner sixteen and ninety-two hundredths
percent of all license fees collected during the preceding month, except the fees
exempted by subdivision four of section one hundred ten of this article. The
remittance shall be accompanied by a report of license sales made during such
preceding month.
(b) The remaining eighty-three and eight hundredths percent of such license fees
shall be the property of the reporting municipality and shall be used only for
controlling dogs and enforcing the provisions of this article and any rule or regulation,
or local law or ordinance adopted pursuant thereto, including subsidizing the spaying
or neutering of dogs and any facility, as authorized under section one hundred
seventeen of this article, used therefor, and subsidizing public humane education
programs in responsible dog ownership.
(c) On or before the fifth day of each month, the authorized pound or shelter
manager of each pound or shelter located in Nassau county shall remit directly to the
commissioner sixteen and ninety-two hundredths percent of all license fees collected
during the preceding month, except the fees exempted by subdivision four of section
one hundred ten of this article. The remittance shall be accompanied by a report of
license sales made during such preceding month.
(d) On or before the fifth day of the month, the authorized pound or shelter manager
shall remit to the financial officer of the licensing municipality within which the shelter
is located, the remaining license fees collected during the preceding month, including
those collected pursuant to subdivision four of section one hundred ten of this chapter.
Such fees shall be the property of the municipality and shall be used only for
controlling dogs and enforcing this article and any rule, regulation, or local law or
ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of
dogs and any facility, as authorized under section one hundred seventeen of this
article, used therefor, and subsidizing public humane education programs in
responsible dog ownership.
6. Notwithstanding any other provision in this article, on or before the fifth day of
each month, all clerks and authorized county dog control officers and authorized
pound and shelter managers shall remit to the commissioner all moneys they
received during the preceding month pursuant to paragraph c of subdivision four of
section one hundred ten of this article. The remittance shall be accompanied by a
report of license sales to persons who paid the additional three dollar license fee.
Such report shall also contain such other information as the commissioner may
require by rule or regulation.
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§ 112. Identification of dogs. 1. Each dog licensed pursuantto subdivision one of
section one hundred nine of this article shall be assigned, at the time the dog is
first licensed, a permanent official identification number. Such identification number
shall be carried by the dog on an identification tag which shall be affixed to a collar
on the dog at all times, provided that a dog participating in a dog show shall be
exempt from this requirement during such participation.
2. The official identification number shall constitute the official identification of the
dog to which it is assigned, regardless of changes of ownership, and the number shall
not be reassigned to any other dog during the lifetime of the dog to which it is
assigned.
3. At the time a dog is first licensed, one identification tag shall be furnished to the
owner at no charge. Any replacement tag shall be obtained by the owner at his
expense at a fee and in a manner prescribed by the commissioner.
4. No tag carrying an official identification number shall be affixed to the collar of any
dog other than the one to which that number has been assigned.
5. The holder of a purebred license may procure, at his expense, any number of
tags imprinted with the same number as the purebred license. One such tag shall
be affixed to the collar of each dog harbored pursuant to the purebred license at all
times, provided that a dog participating in a dog show shall be exempt from this
requirement during such participation. Such a tag shall be affixed only to the collar of a
dog owned by the holder of the purebred license and harbored on his premises.
6. The shape, size and form of imprints on identification tags and purebred license
tags shall be prescribed by the commissioner, and any tag bearing an imprint other
than that prescribed shall not constitute valid identification for the purposes of this
article.
7. The applicant for a license for any guide dog, service dog, hearing dog or
detection dog may procure a special tag for identifying such dog. This special tag shall
be in addition to the identification tag required by subdivision one of this section. The
commissioner shall prescribe the shape, size, color, and form of imprint of the tag
which shall be a different color and shape than the official identification tag. Upon
application, the commissioner shall furnish such tags without payment of a fee.
8. Fees received by the department pursuant to this section shall be deposited in
an account within the miscellaneous special revenue fund.
§ 113. Change of ownership; lost or stolen dog. 1. In the event of a change in the
ownership of any dog which has been assigned an official identification number or in
the address of the owner of record of any such dog, the owner of record shall, within
ten days of such change, file with the commissioner a written report of such
change. Such owner of record shall be liable for any violation of this article until such
filing is made or until the dog is licensed in the name of the new owner.
2. If any dog which has been assigned an official identification number is lost or
stolen, the owner of record shall, within ten days of the discovery of such loss or theft
file with the commissioner a written report of such loss or theft. In the case of a loss or
theft, the owner of record of any such dog shall not be liable for any violation of this
article committed after such report is filed.
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3. In the case of a dog's death, the owner of record shall so notify the
commissioner either prior to renewal of licensure or upon the time of such renewal as
set forth in subdivision one of section one hundred nine of this chapter. Until such
time that the commissioner files such information with the central registry of official
identification numbers, said number shall not be reassigned. Failure to notify the
commissioner of the death of a dog as so required herein shall constitute a
violation and the owner of record shall be held liable.
§ 114. Dog control officers. 1. Each town and city, and each village in which
licenses are issued, shall appoint, and any other village and any county may appoint,
one or more dog control officers for the purpose of assisting, within the appointing
municipality, with the control of dogs and the enforcement of this article and rules
and regulations promulgated pursuant thereto.
2. In lieu of or in addition to the appointment of a dog control officer or officers,
any town or city, or any village in which licenses are issued shall, and any other village
and any county may, contract for dog control officer services with any other
municipality or with any incorporated humane society or similar incorporated dog
protective association, or shall appoint, jointly with one or more other
municipalities, one or more dog control officers having jurisdiction in each of the
cooperating municipalities.
3. The commissioner may appoint as many state dog control officers as he deems
necessary to supervise the provisions of this article and any rules and regulations
adopted pursuant thereto.
4. Every dog control officer shall have the power to issue an appearance ticket
pursuant tosection 150.20of the criminal procedure law, to serve a summons and
to serve and execute any other order or process in the execution of the provisions of
this article. In addition, any dog control officer or any peace officer, when acting
pursuant to his special duties, or police officer, who is authorized by a
municipality to assist in the enforcement of this article may serve any process,
including an appearance ticket, a uniform appearance ticket and a uniform
appearance ticket and simplified information, related to any proceeding, whether
criminal or civil in nature undertaken in accord with the provisions of this article or
any local law or ordinance promulgated pursuant thereto.
5. Every dog control officer, peace officer, when acting pursuant to his special
duties or police officer shall promptly make and maintain a complete record of any
seizure and subsequent disposition of any dog. Such record shall include, but not be
limited to, a description of the dog, the date and hour of seizure, the official
identification number of such dog, if any, the location where seized, the reason for
seizure, and the owner's name and address, if known.
6. Every dog control officer shall file and maintain, in the manner prescribed by the
commissioner, such records as may be required by this article or rules and regulations
promulgated pursuant thereto, and shall make such reports to the commissioner as
may be required thereby.
7. The governing body of any municipality in which licenses are issued, may,
either individually or in cooperation with other municipal entities, require its dog control
officer or animal control officer or any other authorized agent to ascertain and list
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the names of all persons in the municipality owning or harboring dogs, or in lieu
thereof, such municipality may contract to have the same done.
§ 115. Pounds and shelters. 1. Each town and city, and each village in which
licenses are issued shall, and any other village and any county may, establish and
maintain a pound or shelter for dogs.
2. In lieu of or in addition to establishing and maintaining such pound or shelter,
any town or city, or any village in which licenses are issued shall, and any other
village and any county may, contract for pound or shelter services with any other
municipality or with any incorporated humane society or similar incorporated dog
protective association, or shall establish and maintain, jointly or with one or more
other municipalities, a pound or shelter.
§ 116. Funds expended by municipality for services. No municipality shall be
required to expend in any calendar year for dog control officer and pound or shelter
services undertaken pursuant to this article, an amount of money greater than it
receives during such year pursuant to this article and any local law or ordinance
enacted pursuant thereto.
§117. Spaying and neutering facilities authorized. 1. Any municipality may,
by local law or ordinance, provide for the establishment and operation of a
facility to provide services for the alteration of the reproductive capacity through
spaying or neutering of dogs and cats owned by the residents thereof.
2. Any animal which is presented at such facility for alteration must be accompanied
by a notarized authorization signed by the owner thereof consenting to such alteration
and agreeing to hold the municipality, its agents, servants and employees harmless
for any damages arising therefrom or incidental thereto.
3. Any municipality enacting a local law or ordinance as authorized by this section
shall further provide for the regulation of such facility with respect to the terms and
conditions, including compensation, under which any animal will be maintained while
the animal remains in the custody of the facility.
4. In no event shall any of the moneys or fees derived from, or collected
pursuant to, the provisions of this article except as provided in paragraph c of
subdivision four of section one hundred ten of this article and section one hundred
seventeen-a of this article be used to subsidize the spaying or neutering of cats.
§ 117-a. Animal population control program. 1. The department shall establish
and implement an animal population control program. The purpose of this
program shall be to reduce the population of unwanted and stray dogs and cats thereby
reducing potential threats to public health and safety posed by the large population
of these animals. This program shall seek to accomplish its purpose by encouraging
residents of New York state who are the owners of dogs and cats to have them
spayed or neutered by providing Iow-cost spaying and neutering services to such
owners meeting the criteria enumerated in subdivision two of this section. The
department shall use its best effods to encourage every adoption facility that
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qualifies for participation in the Iow-cost spay-neuter program to do so to the
maximum possible extent.
2. In order to be eligible to participate in the animal population control program, and
therefore, be entitled to the Iow-cost spay/neuter services provided for herein, an
owner of a dog or cat shall be a resident of New York state and shall submit proof to
a veterinarian participating in the program as follows:
(a) in the form of an adoption agreement that their dog or cat was adopted from a
pound, shelter, duly incorporated society for the prevention of cruelty to animals,
humane society or dog or cat protective association; or (b) proof of participation in at least one of the following:
(i) the food stamp program authorized pursuant to 7 U.S.C. 2011, et seq.;
(ii) the supplemental security income for the aged, blind and disabled program
authorized pursuant to 42 U.S.C. 1381 et seq.;
(iii) the Iow income housing assistance program authorized pursuant to 42 U.S.C.
1437(0;
(iv) the Family Assistance program authorized pursuant to title ten of article five of
the social services law;
(v) the Safety Net Assistance program authorized pursuant to title three of article
five of the social services law;
(vi) the program of Medical Assistance authorized pursuant to title eleven of article
five of the social services law; or
(vii) the food assistance program authorized pursuant to subdivision ten of section
ninety-five of the social services law; and
(c) in any city, town, village, or county which has enacted a local law or ordinance
requiring spay/neuter of all dogs and cats prior to adoption from shelters, pounds, duly
incorporated societies for the prevention of cruelty to animals, humane societies and
duly incorporated dog or cat protective associations within such city, town, village or
county, eligibility for participation in the animal population control program shall be
determined based solely on the provisions of paragraph (b) of this subdivision.
2-a. Notwithstanding the provisions of paragraph (a) of subdivision two of this
section, no resident, otherwise qualified pursuant to such paragraph, shall be
entitled to participate in the Iow cost spay/neuter program implemented by this section
if the animal to be spayed or neutered:
(a) was imported or caused to be imported from outside the state;
(b) was adopted from an otherwise qualifying pound, shelter, duly incorporated
society for the prevention of cruelty to animals, humane society or dog or cat
protective association which included the cost of a spaying or neutering procedure in
the cost of the adoption;
(c) was spayed or neutered by an otherwise eligible veterinarian who is employed
by otherwise qualifying pounds, shelters, duly incorporated societies for the prevention
of cruelty to animals, humane societies or dog or cat protective associations except to
the extent that they shall have performed spay/neuter procedures in excess of the
number of such procedures done upon animals adopted from such facility during
nineteen hundred ninety-four; or
(d) was adopted from any facility that as a condition of adoption, required or
encouraged the utilization of a specific veterinarian or veterinary facility to perform
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such spay or neuter procedure. The establishment of such conditions by a facility
shall constitute grounds for the disqualification of such facility to participate in the
program. Nothing contained in this section shall be construed as precluding a facility
from informing a person adopting an animal of the identity of those participating
veterinarians in the vicinity of such facility in addition to providing them with the
voucher provided under this section and any accompanying materials.
3. Any person submitting a dog or cat for spaying or neutering pursuant to the
provisions of this section shall:
(a) Furnish any licensed veterinarian of this state participating in the program with
proof that the owner meets the eligibility criteria pursuant to the provisions of
subdivisions two and two-a of this section;
(b) Sign a consent form certifying that the person is the owner of the dog or cat or is
authorized by the owner to present the dog or cat for the procedure;
(c) Pay a fee of thirty dollars to the veterinarian participating in the program if such
dog or cat was adopted from a duly incorporated pound, shelter, duly incorporated
society for the prevention of cruelty to animals, humane society or duly incorporated
dog or cat protective association, or pay a fee of twenty dollars to the veterinarian
participating in the program if such person participates in any of the programs
enumerated in paragraph (b) of subdivision two of this section. When eligibility to
participate in the animal population control program is based upon participation in a
program enumerated in paragraph (b) of subdivision two of this section, the
department shall issue vouchers to dog and cat owners upon provision of requisite
proof required under paragraph (b) of subdivision two of this section and in
accordance with any rules and regulations promulgated by the commissioner.
4. (a) Any licensed veterinarian of this state including, but not limited to, licensed
veterinarians working at municipal facilities which provide dog and cat spaying and
neutering services, other than with respect to animals who would not be eligible
pursuant to subdivision two-a of this section may participate in the program upon
filing with the commissioner an application therefor, on forms prescribed by the
commissioner, which application shall certify, in addition to any other information
requested by the commissioner, an animal sterilization fee schedule listing the fees
charged for spaying and neutering in the normal course of business and for the
presurgical immunization of dogs against distemper, hepatitis, leptospirosis,
parvovirus and rabies, or if deemed necessary for the presurgical immunization of
cats against feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies, as
the case may be on the first day of January two thousand one and the first day of
January each third year thereafter and the number of spay/neuter procedures done
by such facility during such period. Additionally, such licensed veterinarian shall
certify that the fees charged for procedures and vaccinations for which
reimbursement is sought are equal to or less than the lowest fees charged to a
private client for such procedures during the previous year. The veterinarian shall
also provide the name of the veterinarian, animal hospital, veterinary clinic or other
entity to which such reimbursement is to be made. These fees may vary with the
animal's weight, sex and species. The commissioner may, however, disqualify from
participation in the program any veterinarian whose fees are deemed unreasonable.
Nothing contained in this subdivision shall limit the right of the state education
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department to undertake such actions as it may deem necessary to enforce the
provisions of article one hundred thirty-five of the education law. (b) Licensed
veterinarians of this state participating in the program shall provide, if deemed
necessary, for the presurgical immunization of dogs against distemper, hepatitis,
leptospirosis, parvovirus and rabies, or if deemed necessary, for the presurgical
immunization of cats against feline panleukopenia, calici, pneumonitis, rhinotracheitis
and rabies, as the case may be. Charges for such services to the owner or person
submitting the dog or cat for spaying or neutering shall be no more than fifty percent of
the amount certified pursuant to paragraph (a) of this subdivision. In addition to
other reimbursement to which a licensed veterinarian may be entitled under this
section, a veterinarian may seek reimbursement for expenses incurred as a direct
result of extraordinary circumstances which occurred during the course of a
spay/neuter procedure up to an amount approved by the department which shall not
exceed twenty percent of such veterinarian's fee for performing such procedure.
(c) The state comptroller upon the submission of vouchers by the commissioner
shall, to the extent that monies are available from the animal population control fund,
reimburse participating veterinarians for eighty percent of the balance of the fee
charged pursuant to paragraph (a) of this subdivision, and after deducting that portion
of the fee already paid to the veterinarian by those persons participating in the
program pursuant to paragraph (c)of subdivision three of this section, for each
animal spaying and neutering procedure administered after the submission to the
commissioner of an animal sterilization certificate, prescribed by the commissioner,
signed by the veterinarian and the owner of the animal or person authorized by the
owner, for each spaying and neutering procedure performed in conjunction with the
animal population control program. Notwithstanding the foregoing provisions, the
state comptroller shall not reimburse veterinarians for any voucher which shall have
been issued by the commissioner more than one year prior to the date upon which it
is submitted to the commissioner unless the commissioner shall indicate good
cause for the payment of such voucher. If the moneys are not immediately available
from such fund, the commissioner shall give priority to approving reimbursement
to participating veterinarians from counties from which the amount of fees deposited
in such fund, after taking into consideration the administrative expenses to
which the department is entitled, exceeds the money paid out to participating
veterinarians in such counties. The participating veterinarian shall submit to the
commissioner within sixty days of each animal spaying and neutering procedure
an animal sterilization certificate for the purposes of reimbursement.
Notwithstanding the provisions of this paragraph, the commissioner shall not approve
reimbursement to municipal facilities, not-for~profit organizations, pounds, shelters,
duly incorporated societies for the prevention of cruelty to animals, humane
societies or dog or cat protective associations except to the extent that they shall
have performed spay/neuter procedures in excess of the number of such
procedures done by it during nineteen hundred ninety-four.
5. The commissioner may solicit and accept funds from any public or private
source to help carry out the provisions of this section.
6. All fees collected pursuant to this section and paragraph c of subdivision four
of section one hundred ten of this article shall be deposited in a miscellaneous special
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revenue fund known as the animal population control fund. An amount not to exceed
fifteen percent of the balance of the fund at the beginning of each fiscal year,
following appropriation by the legislature and allocation by the director of the budget,
shall be available for the purposes of implementation and promotion of the
program. Such promotion shall include educating the public about the benefits
associated with spaying and neutering. The remaining monies shall be used
exclusively for the reimbursement to participating veterinarians pursuant to paragraph
(b) of subdivision four of this section.
7. The commissioner shall, in consultation with such professional organizations
as the commissioner deems appropriate, develop a list of veterinarians approved by
the commissioner to participate in the Iow-cost spay/neuter program who provide
care, including, but not limited to, spay/neuter procedures, to dogs and cats. Any
otherwise qualifying pound, shelter, duly incorporated society for the prevention of
cruelty to animals, humane society, or dog or cat protective association shall
distribute such list of approved veterinarians to persons adopting a dog or a cat as a
precondition to reimbursement under the Iow-cost spay/neuter program established
in this section. In addition to such distribution, such pound, shelter, duly
incorporated society for the prevention of cruelty to animals, humane society or dog or
cat protective association shall not discriminate against any veterinarian on such
list or directly or indirectly require, direct or recommend the utilization or non-utilization
of any such veterinarian for any procedure for which reimbursement is to be sought
under this program. Such discrimination may, in the discretion of the commissioner,
constitute grounds for the revocation of the right of such facility to participate in the
program.
§ 118. Seizure of dogs; redemption periods; impoundment fees; adoption.
1. Any dog control officer or peace officer, acting pursuant to his special duties, or
police officer in the employ of or under contract to a municipality shall seize:
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(a) any dog which is not identified and which is not on the owner's premises; and
(b) any dog which is not licensed, whether on or off the owner's
premises.
(c) any licensed dog which is not in the control of its owner or custodian or not
on the premises of the dog's owner or custodian, if there is probable cause to believe
the dog is a dangerous dog.
(d) any dog which poses an immediate threat to the public safety.
Promptly upon seizure the dog control officer shall commence a proceeding as
provided for in subdivision two of section one hundred twenty-one of this article.
2. Any dog control officer or peace officer, acting pursuant to his special duties, or
police officer in the employ of or under contract to a municipality may seize any dog in
violation of any local law or ordinance relating to the control of dogs, adopted by
any municipality pursuant to the provisions of this article.
3. Each dog seized in accordance with the provisions of this article shall be
properly sheltered, fed and watered for the redemption period as hereinafter provided.
4. Each dog which is not identified, whether or not licensed, shall be held for a period
of five days from the day seized during which period the dog may be redeemed by its
owner, provided that such owner produces proof that the dog has been licensed and
has been identified pursuant to the provisions of this article and further provided that
the owner pays the following impoundment fees:
(a) ten dollars for the first impoundment of any dog owned by that person;
(b) twenty dollars for the first twenty-four hours or part thereof and three dollars for
each additional twenty-four hours or part thereof for the second impoundment, within
one year of the first impoundment, of any dog owned by that person; or
(c) thirty dollars for the first twenty-four hours or part thereof and three dollars for
each additional twenty-four hours or part thereof for the third and subsequent
impoundments, within one year of the first impoundment, of any dog owned by that
person.
The impoundment fees set forth in paragraphs (a), (b) and (c) of this subdivision
notwithstanding, any municipality may set by local law or ordinance such fees in any
amount.
5. All impoundment fees shall be the property of the municipality to which they are
paid and shall be used only for controlling dogs and enforcing this article and any
rule, regulation, or local law or ordinance adopted pursuant thereto, including
subsidizing the spaying or neutering of dogs and any facility as authorized under
section one hundred seventeen of this article used therefor, and subsidizing public
humane education programs in responsible dog ownership.
6. Promptly upon seizure of any identified dog, the owner of record of such dog shall
be notified personally or by certified mail, return receipt requested, of the facts of
seizure and the procedure for redemption. If notification is personally given, such dog
shall be held for a period of seven days after day of notice, during which period the
dog may be redeemed by the owner. If such notification is made by mail, such dog
shall be held for a period of nine days from the date of mailing, during which period
the dog may be redeemed by the owner. In either case, the owner may redeem
such dog upon payment of the impoundment fees prescribed by subdivision four of
this section and by producing proof that the dog has been licensed.
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* 7. An owner shall forfeit title to any dog unredeemed at the expiration of the
appropriate redemption period, and the dog shall then be made available for adoption
or euthanized subject to the provisions of subdivisions two-a, two-b, two-c, two-d, and
two-e of section three hundred seventy-four of this chapter. Provided that no dog
in the custody of a pound or shelter shall be delivered for adoption unless it has been
licensed pursuant to the provisions of this article prior to its release from the custody of
a pound or shelter. Any municipality may by local law or ordinance establish additional
conditions for adoption including the requirement that adopted dogs shall be spayed
or neutered before or after release from custody upon such terms and conditions as
the municipality may establish.
* NB Effective until October 9, 2010
* 7. An owner shall forfeit title to any dog unredeemed at the expiration of the
appropriate redemption period, and the dog shall then be made available for
adoption or euthanized subject to subdivisions six, eight and nine of this section and
subject to the provisions of section three hundred seventy-four of this chapter.
Provided that no dog in the custody of a pound or shelter shall be delivered for
adoption unless it has been licensed pursuant to the provisions of this article prior to
its release from the custody of a pound or shelter. Any municipality may by local
law or ordinance establish additional conditions for adoption including the
requirement that adopted dogs shall be spayed or neutered before or after release
from custody upon such terms and conditions as the municipality may establish. * NB Effective October 9, 2010
* 7-a. Any dog or cat in the custody of a pound or shelter shall be made available
for adoption or euthanized subject to the provisions of subdivisions two-a, two-b,
two-c, two-d, and two-e of section three hundred seventy-four of this chapter after the
time for redemption has expired.
* NB Effective until October 9, 2010
* 7-a. Any dog or cat in the custody of a pound or shelter shall be made available
for adoption or euthanized subject to subdivisions six, eight and nine of this section
and subject to the provisions of section three hundred seventy-four of this chapter after
the time for redemption has expired. * NB Effective October 9, 2010
8. The redemption periods set forth above in this section notwithstanding,
any municipality may establish the duration of such periods by local law or ordinance,
provided that no such period shall be less than three days, except that where notice to
the owner is given by mail, no such period shall be less than seven days.
9. Any dog, owned by a resident of any city having a population of over two million
or by a non-resident of this state, seized and impounded pursuant to the
provisions of this article, and whose owner can be identified, shall be subject to
subdivision six of this section. If the dog is licensed pursuant to the provisions of law
of the area of the owner's residence, the licensing requirements of this article shall not
apply provided such dog is not harbored within this state outside any city having a
population of over two million for a period exceeding thirty days.
10. The seizure of any dog shall not relieve any person from any violation
provided for by section one hundred nineteen of this article.
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11. No liability in damages or otherwise shall be incurred on account of the seizure,
euthanization or adoption of any dog pursuant to the provisions of this article.
§ 119. Violations. 1. It shall be a violation, punishable as provided in subdivision two
of this section, for:
(a) any owner to fail to license any dog;
(b) any owner to fail to have any dog identified as required by this article;
(c) any person to knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide, service or hearing dogs or
purebred license tag;
(f) any owner or custodian of any dog to fail to confine, restrain or present such dog
for any lawful purpose pursuant to this article;
(g) any person to furnish any false or misleading information on any form required
to be filed with any municipality or the commissioner pursuant to the provisions of this
article or rules and regulations promulgated pursuant thereto;
(h) the owner or custodian of any dog to fail to exercise due diligence in
handling his or her dog if the handling results in harm to another dog that is a guide,
hearing or service dog.
2. It shall be the duty of the dog control officer of any municipality to bring an action
against any person who has committed within such municipality any violation set forth
in subdivision one of this section. Any municipality may elect either to prosecute
such action as a violation under the penal law or to commence an action to
recover a civil penalty. A violation of this section shall be punishable, subject to such
an election, either:
(a) where prosecuted pursuant to the penal law, by a fine of not more than twenty-
five dollars, except that (i) where the person was found to have violated this section
or former article seven of this chapter within the preceding five years, the fine may be
not more than fifty dollars, and (ii) where the person was found to have committed
two or more such violations within the preceding five years, it shall be punishable
by a fine of not more than one hundred dollars or imprisonment for not more than
fifteen days, or both; or
(b) where prosecuted as an action to recover a civil penalty, by a civil penalty of
not more than twenty-five dollars, except that (i) when the person was found to have
violated this section or former article seven of this chapter within the preceding five
years, the civil penalty may be not more than fifty dollars, and (ii) where the person was
found to have committed two or more such violations within the preceding five years,
the civil penalty may be not more than one hundred dollars.
3. A defendant charged with a violation of any provision of this article or any
local law or ordinance promulgated pursuant thereto may himself plead guilty to the
charge in open court. He may also submit to the magistrate having jurisdiction, in
person, by duly authorized agent, or by registered mail, a statement (a) that he
waives arraignment in open court and the aid of counsel, (b) that he pleads guilty to
the offense charged, (c) that he elects and requests that the charge be disposed of
and the fine or penalty fixed by the court, (d) of any explanation that he desires to
make concerning the offense charged, and (e) that he makes all statements under
penalty of perjury. Thereupon the magistrate may proceed as though the defendant
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had been convicted upon a plea of guilty in open court, provided however, that any
imposition of fine or penalty hereunder shall be deemed tentative until such fine or
penalty shall have been paid and discharged in full. If upon receipt of the aforesaid
statement the magistrate shall deny the same, he shall thereupon notify the defendant
of this fact, and that he is required to appear before the said magistrate at a stated
time and place to answer the charge which shall thereafter be disposed of pursuant
to the applicable provisions of law.
4. Any person who shall violate any other provision of this article or rules and
regulations promulgated pursuant thereto shall be subject to the penalty provisions of
sections thirty-nine and forty of this chapter, but not section forty-one of this
chapter. Such violations shall include, but not be limited to, the following:
(a) failure of any owner of record to notify the commissioner of any change of
ownership or address as required by section one hundred thirteen of this article;
(b) failure of any person to perform any other duty or carry out any other
requirement imposed pursuant to the provisions of this article or the rules and
regulations promulgated pursuant thereto. Each day that failure continues shall
constitute a separate violation.
5. For the purpose of participating in the "animal population control program"
established under section one hundred seventeen~a of this article, it shall be a
violation punishable as provided in subdivision six of this section, for:
(a) any person to falsify proof of adoption from a pound, shelter, duly incorporated
society for the prevention of cruelty to animals, humane society or dog or cat
protective association or to falsify proof of participation in any of the programs
enumerated in paragraph (b) of subdivision two of section one hundred seventeen-a of
this article;
(b) any person to furnish any licensed veterinarian of this state with inaccurate
information concerning his or her residency or the ownership of an animal or such
person's authority to submit an animal for a spaying or neutering procedure
pursuant to section one hundred seventeen-a of this article or to knowingly
furnish the department or any licensed veterinarian of this state with inaccurate
information concerning his or her participation in any of the programs enumerated in
paragraph (b) of subdivision two of section one hundred seventeen-a of this article;
(c) any licensed veterinarian to furnish the commissioner with false information
concerning an animal sterilization fee schedule or an animal sterilization certificate
submitted pursuant to subdivision four of section one hundred seventeen-a of this
article.
6. Any person or veterinarian who violates the provisions of subdivision five
of this section or any rule or regulation promulgated by the commissioner to carry out
the provisions of section one hundred seventeen-a of this article shall be subject to a
fine of not more than two hundred fifty dollars where prosecuted pursuant to the penal
law, or where prosecuted as an action to recover a civil penalty of not more than two
hundred fifty dollars.
7. Any person who intentionally refuses, withholds, or denies a person, because
they are accompanied by an on-duty police work dog, working search, war, or
detection dog as defined in section one hundred eight of this article, any
accommodations, facilities, or privileges thereof shall be subject to a civil penalty of
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up to two hundred dollars for the first violation and up to four hundred dollars for
each subsequent violation.
§ 120. Disposition of fines. Notwithstanding any other provision of law, all moneys
collected as fines or penalties by any municipality as a result of any prosecution for
violations of the provisions of this article or any local law or ordinance and all
bail forfeitures by persons charged with such violations shall be the property of the
municipality and shall be paid to the financial officer of such municipality. Such
moneys shall be used only for controlling dogs and enforcing this article and any
rule, regulation, or local law or ordinance adopted pursuant thereto, including
subsidizing the spaying or neutering of dogs and any facility as authorized under
section one hundred seventeen of this article used therefor, and subsidizing public
humane education programs in responsible dog ownership.
§ 121. Dangerous dogs. 1. 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 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 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.
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 one of this section shall, make a complaint
under oath or affirmation to any municipal judge or justice of such attack 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 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 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;
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(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.
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; (b)was
justified because the injured, threatened or killed person was tormenting, abusing,
assaulting or physically threatening the dog or its offspring, or has in the past
tormented, abused, assaulted or physically threatened the dog or its offspring; (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.
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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.
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 one thousand five hundred dollars in addition to any other
applicable penalties. Any such penalty may be reduced by any amount which is paid as
restitution by the owner of the dog to the person or persons suffering serious
physical injury as compensation for unreimbursed medical expenses, lost earnings
and other damages resulting from such injury.
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 three 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. Any such fine may be
reduced by any amount which is paid as restitution by the owner of the dog to the
person or persons suffering serious physical injury as compensation for unreimbursed
medical expenses, lost earnings and other damages resulting from such injury.
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 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
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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 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 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.
§ 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.
§ 121-b. Offenses against service animals and handlers.
1. Definitions. For purposes of this section:
(a) "Service animal" shall mean any animal that has been partnered with a
person who has a disability and has been trained or is being trained, by a qualified
person, to aid or guide a person with a disability.
(b) "Disability" shall have the same meaning as provided in section two hundred
ninety-two of the executive law.
(c) "Handler" shall mean a disabled person using a service animal.
(d) "Formal training program" or"certified trainer" shall mean an institution, group
or individual who has documentation and community recognition as a provider of
service animals.
2. Any person who owns an animal or possesses control of such animal and who,
through any act or omission, recklessly permits his or her animal to interfere with the
proper working of a service animal, exposing the handler and service animal to
danger or resulting in injury or death of the service animal shall be subject to a civil
penalty not to exceed one thousand dollars in addition to any other applicable
penalties.
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3. Any person who owns an animal or possesses control of such animal and who,
through any act or omission, recklessly permits his or her animal to interfere with
the proper working of a service animal, exposing the handler and service animal to
danger or resulting in injury or death of the service animal, where the animal causing
such injury has previously been determined to be dangerous pursuant to this article,
shall be guilty of a violation punishable by a fine of not more than two thousand dollars,
or by a period of imprisonment not to exceed fifteen days, or by both such fine and
imprisonment in addition to any other applicable penalties.
4. The handler of the service animal incapacitated, injured or killed shall have the
right to pursue any and all civil remedies available to recover damages for medical
and veterinary expenses, rehabilitation or replacement of the service animal, and
lost wages, transportation expenses or other expenses directly related to the
temporary or permanent loss of the service animal.
§ 122. Protection of deer. 1. Whenever the governing body of any municipality
shall determine that the deer population in the municipality or part thereof is
suffering severe depredation due to dogs attacking, chasing or worrying deer, such
governing body may by order require that all dogs in such municipality or part thereof
shall be securely confined during the period of time designated in the order or, if no
time is designated, until the order is revoked.
2. Notice of such order shall be given by publication in a newspaper or newspapers
of general circulation in said municipality which shall be designated by such governing
body and by filing a copy of the order in the office of each clerk in the area affected by
such order. Such order shall be in full force and effect at the expiration of twenty-four
hours following publication of such notice.
3. If any dog is not confined as required by such order, any dog control officer,
peace officer, acting pursuant to his special duties, or police officer shall seize
such dog. Any dog so seized shall be subject to the provisions of section one
hundred eighteen of this article. A dog shall not be deemed to be in violation of such
order if accompanied by and under the full control of the owner.
4. If any dog, which is not confined as required by such order, shall attack, chase or
worry any deer, any dog control officer, peace officer, acting pursuant to his special
duties, or police officer upon witnessing the same, shall destroy, or seize and
destroy, such dog, and no liability in damages or otherwise shall be incurred on
account of such destruction.
5. If any dog shall kill or cripple any deer, the owner shall be subject to a civil
penalty in the amount of one hundred dollars for the first deer killed or crippled by the
dog or by the pack of dogs, if any, of which the dog was a member, and in the
amount of one hundred fifty dollars for each additional deer killed or crippled, to be
recovered in an action brought by the commissioner of environmental conservation
on behalf of the people of the state of New York.
6. This section and any order issued pursuant thereto shall not apply to dogs in
special dog training areas or shooting preserves enclosed and licensed pursuant to
the provisions of the environmental conservation law, while such dogs are under the
control of the owner or trainer.
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§ 123. Night quarantine. 1. The governing body of any municipality may at any time by
order require that all dogs in such municipality shall be securely confined between
sunset and one hour after sunrise during the period of time designated in the order, or,
if no time is so designated, until the order is revoked.
2. Notice of such order shall be given by publication in a newspaper or newspapers
of general circulation in said municipality which shall be designated by such governing
body and by filing a copy of the order in the office of each clerk in the area affected by
such order.
3. Any dog control officer, peace officer, acting pursuant to his special duties, or
police officer shall destroy or seize any dog not confined as required by such order,
and no liability in damages or otherwise shall be incurred on account of such
destruction or seizure. Any dog so seized shall be subject to the provisions of section
one hundred eighteen of this article. A dog shall not be deemed to be in violation of
such order if accompanied by and under the full control of the owner.
§ 124. Local laws or ordinances. 1. Any municipality may enact a local law or
ordinance upon the keeping or running at large of dogs and the seizure thereof,
provided no municipality shall vary, modify, enlarge or restrict the provisions of this
article relating to identification, licensing, rabies vaccination and euthanization. 2. Such local law or ordinance may:
(a) impose penalties for violation of such restrictions to be recovered in a civil
action in the name of such municipality;
(b) provide for enforcement by fine or imprisonment for any such violation; or
(c) provide for the issuance pursuant to the criminal procedure law of an
appearance ticket, or in lieu thereof, a uniform appearance ticket, or in lieu thereof,
a uniform appearance ticket and simplified information, as provided in section
one hundred fourteen of this article, by any dog control officer, peace officer, acting
pursuant to his special duties, or police officer, who is authorized by any
municipality to assist in the enforcement of this article for any such violation.
§ 125. Indemnification for dog damage. 1. Each county shall be liable for damage
done within the county by dogs to domestic animals, including such veterinary fees and
costs as may arise from such damage or injury. Indemnification therefor shall be
made in the manner provided by this section. Such indemnification shall not exceed the
actual damage. In no event shall indemnification exceed:
(a) eight hundred dollars for each animal, in the case of horses or cattle;
(b) fifteen dollars for each domesticated fowl, duck, goose, swan, turkey,
pheasant or other bird which is raised in confinement under license from the state
department of environmental conservation before release from captivity, and confined
domestic hare or rabbit;
(c) one hundred dollars for any other domestic animal as defined in this article;
(d) twelve hundred dollars for each animal, in the case of registered purebred dairy
and beef cattle or of purebred dairy and beef cattle eligible for registration and less
than one year of age;
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(e) two hundred fifty dollars for each animal, in the case of each registered
purebred sheep, goat or swine, or of purebred sheep, goat or swine eligible for
registration and less than one year of age;
(f) three hundred fifty dollars for each fallow deer, red deer, sika deer, whitetail
deer which is raised under license from the department of environmental conservation
or each llama.
2. No indemnification shall be paid for fowl of the varieties commonly used for cock
fights.
3. The name of the owner of the dog causing the damage, if known, shall be
reported to the financial officer of the county and such owner shall be liable to the
county in reimbursement for any amounts paid by the county for such
indemnification, in an action to be brought in the name of the county by the financial
officer of the county or the county dog control officer in a court of competent
jurisdiction.
4. The owner of a domestic animal injured or killed as a result of being attacked,
chased or worried by any dog shall, immediately upon the discovery of such injury or
death, notify the nearest assessor of the city or town where the damage was done
of the fact of such injury or death, and that the owner claims indemnity therefor and
requires that the damage be determined. The assessor or any other individual
designated in writing by the governing body of the city or town shall immediately
inquire into the matter and shall examine the animal injured or killed and, if he
deems it necessary, shall examine witnesses in relation thereto. If the assessor or
designated individual is satisfied that the injuring or killing of the animal was caused by
a dog, and that the owner of the animal had taken reasonable precautions to prevent
the damage done, the assessor or designated individual shall determine the amount
of the damage apparent at the time and make a report of the amount of damages.
Provided, however, that if the amount of damage is determined by the assessor or
designated individual to be more than four hundred dollars, the assessor or designated
individual shall immediately give notice of the claim to all the other assessors or
designated individuals, if any, of the city or town, or a majority of them, who shall,
within three days, inquire into the matter and make a report in the manner provided
above. The report shall be promptly filed with the financial officer of the county and
the commissioner, and a copy provided to the claimant.
5. The governing body of any county may establish by local law a procedure for
reviewing the decision of the assessor or designated individual. If a procedure has
been established, the claimant or financial officer of the county may, within
twenty days after the receipt of the report of any assessor or designated individual,
if dissatisfied with the amount of the damages stated therein, request a review
pursuant to the procedure established by the governing body of the county. The
decision after review shall be in writing and copies thereof shall be mailed to the
financial officer of the county, the claimant and the commissioner.
6. In the event that the county shall not have established a procedure for review of
the decision such review shall be made by the commissioner. Upon receipt of
such request, the commissioner shall cause an investigation to be made of the alleged
attack upon the claimant's domestic animal, the facts surrounding such attack, and
the amount of damage incurred thereby for which indemnification should be made in
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accordance with the intent of this section. The claimant shall permit the commissioner
or his authorized representative to enter the premises on which the attack is alleged
to have been made and shall furnish to the commissioner or his representative
whatever information and proof may be available to the claimant and may be
deemed necessary by the commissioner or his representative to complete the
investigation. Upon completion of the investigation, the commissioner shall decide
whether the attack was in fact made by a dog upon a domestic animal, as defined in
section one hundred eight of this article, and whether the owner had taken reasonable
precautions to prevent the damage done and, if he so finds, shall either confirm or
deny the determination of the assessor or designated individual, or modify it as may
appear proper and adequate in view of the facts. The decision of the commissioner
shall be in writing, and copies thereof shall be mailed to the financial officer of the
county and the claimant.
7. After the expiration of twenty days from the filing of the assessor's or
designated individual's report with the financial officer of the county, such officer shall
mail to the claimant a certificate of indemnity due to the claimant, provided however,
that in those counties where a review procedure has been established and a request
for a review has been presented, such certificate shall be mailed to the claimant
upon the filing of a copy of the decision, after review, with the county financial officer.
The financial officer shall retain a copy of the certificate and shall mail a copy to the
commissioner.
8. If, subsequent to the determination of damage, it develops that damage, which
was not apparent at the time of determination, was caused to any domestic animal, a
supplemental notice of claim for such damage shall be promptly given by the
claimant upon discovery thereof to the assessor at any time within six months after
the discovery of the original damage. Such notice shall set forth the facts upon
which the additional claim was based. The same proceedings shall thereupon be had
as upon the original claim.
9. The amount of the damage determined as hereinbefore provided shall be paid by
the financial officer of the county to the claimant, upon presentation of the
aforesaid certificate, from the funds received by such officer pursuant to section one
hundred eleven of this article, and if such funds shall be insufficient therefor, then from
such other funds as shall be raised by the county governing body, in the manner
that funds are raised to pay other county charges.
§ 126. Duties and powers of commissioner. 1. The commissioner shall:
(a) supervise the enforcement of this article;
(b) maintain a central registry of official identification numbers;
(c) prescribe the form of all notices, reports and other papers and documents
required by this article and the rules and regulations promulgated pursuant
thereto; and
(d) prescribe the manner in which all reports required by this article and the rules
or regulations promulgated thereto are to be filed and maintained, and all licenses
issued or validated; and
(e) furnish all forms and other supplies, including identification tags and
preprinted license applications, necessary for the implementation and
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enforcement
thereto; and
(f) supply, for identification purposes, names and addresses of owners
identified dogs immediately upon request; and
(g) furnish such information and assistance to dog control officers as
necessary for enforcement purposes.
2. The commissioner is hereby authorized to:
(a) promulgate, after public hearing, such rules and regulations as are necessary
to supplement and give full effect to the provisions of this article; and
(b) exercise all other powers and functions as are necessary to carry out the duties
and purposes set forth in this article.
of this article and the rules and regulations promulgated pursuant
of record of
he deems
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ARTICLE 25-B
ABANDONED ANIMALS
Section 331. Abandonment of certain animals.
332. Disposition.
§ 331. Abandonment of certain animals. An animal is deemed to be abandoned
when it is placed in the custody of a veterinarian, veterinary hospital, boarding kennel
owner or operator, stable owner or operator, or any other person for treatment, board,
or care and:
1. Having been placed in such custody for a specified period of time the animal is not
removed at the end of such specified period and a notice to remove the animal within
ten days thereafter has been given to the person who placed the animal in such
custody, by means of registered letter mailed to the last known address of such person,
or:
2. Having been placed in such custody for an unspecified period of time the animal is
not removed within twenty days after notice to remove the animal has been given to the
person who placed the animal in such custody, by means of a registered letter mailed to
the last known address of such person.
3. The giving of notice as prescribed in this section shall be deemed a waiver of any
lien on the animal for the treatment, board or care of the animal but shall not relieve the
owner of the animal removed of his contractual liability for such treatment, board or care
furnished.
* § 332. Disposition. Any person having in his care, custody, or control any
abandoned animal, as defined in section three hundred thirty-one of this chapter,
may deliver such animal to any humane society or society for the prevention of
cruelty to animals having facilities for the care and eventual disposition of such
animals, or, in the case of dogs, cats and other small animals, to any pound
maintained by or under contract or agreement with any county, city, town, or
village within which such animal was abandoned. The person with whom the animal
was abandoned shall, however, on the day of divesting himself of possession thereof,
notify the person who had placed such animal in his custody of the name and address
of the animal society or pound to which the animal has been delivered, such notice to
be by registered letter mailed to the last known address of the person intended
to be so notified. If an animal is not claimed by its owner within five days after
being so delivered to such humane society or society for the prevention of cruelty to
animals, or pound, such animal may at any time thereafter be placed for adoption in a
suitable home or euthanized In no event, however, shall the use of a
decompression chamber or decompression device of any kind be used for the
purpose of destroying or disposing of such animal. * NB Effective until October 9, 2010
*§ 332. Disposition. Any person having in his care, custody, or control any
abandoned animal, as defined in section three hundred thirty-one of this article,
may deliver such animal to any duly incorporated society for the prevention of
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cruelty to animals having facilities for the care and eventual disposition of such animals,
or, in the case of dogs, cats and other small animals, to any pound maintained by or
under contract or agreement with any county, city, town, or village within which such
animal was abandoned. The person with whom the animal was abandoned shall,
however, on the day of divesting himself of possession thereof, notify the person who
had placed such animal in his custody of the name and address of the animal society
or pound to which the animal has been delivered, such notice to be by registered
letter mailed to the last known address of the person intended to be so notified. If
an animal is not claimed by its owner within five days after being so delivered to such
duly incorporated society for the prevention of cruelty to animals, or pound, such
animal may at any time thereafter be placed for adoption in a suitable home or
euthanized in accordance with the provisions of section three hundred seventy-four of
this chapter. In no event, however, shall the use of a decompression chamber or
decompression device of any kind be used for the purpose of destroying or disposing of
such animal.
* NB Effective October 9, 2010
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PARTS 77, 78 & 79 OF TITLE 1
THE OFFICIALCOMPILATION OF CODES, RULES &
REGULATIONS OF THE STATE OF NEW YORK
Part 77
Standards for the Care of Seized Dogs
Section 77.1
Section 77.2
Section 77.3
Section 77.4
Section 77.5
Definitions
Standards for the care of seized dogs
Euthanasia and disposal
Access and inspection
Dog dealer prohibited from appointment as dog control officer
Section 77.1 Definitions.
For the purpose of this Part, the following terms shall have the following meanings:
(a) Properly sheltered means the provision of shelter suitable to the breed and age of
the dog. Said shelter shall be structurally sound, clean, and sufficient to protect the dog
from detriment to its well-being, and shall provide adequate space to allow the dog to
move about in a natural manner, light, air and temperature sufficient to protect the
animal.
(b) Properly fed means the provision, at suitable intervals, of wholesome food
appropriate for the breed and age of the dog and sufficient to maintain a reasonable
level of nutrition in each dog. Such food shall be served in a receptacle, dish or
container that has been physically cleaned so that agents injurious to the health of the
dog have been removed and destroyed to a practical minimum.
(c) Properly watered means the provision of constant access to a supply of clean,
fresh, potable water in a sanitary manner, or the provision of such access at intervals
suitable for the breed and age of the dog.
Section 77.2 Standards for the care of seized dogs.
Every dog seized pursuant to article 7 of the Agriculture and Markets Law, or any local
law, ordinance, or order adopted or issued pursuant thereto, shall be properly cared for,
sheltered, fed and watered for the redemption period provided by said article or for the
period established by local law or ordinance as authorized by said article.
Section 77.3 Euthanasia and disposal.
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AGM Article 7
(a) Humane methods of euthanasia shall be those designated as acceptable (approved)
by the American Veterinary Medical Association.
(b) Disposal of such euthanized animals shall be consistent with laws and regulations of
the New York State Departments of Environmental Conservation and Health.
Section 77.4 Access and inspection.
In order to supervise the enforcement of the provisions of article 7 of the Agriculture and
Markets Law and any rules or regulations adopted pursuant thereto, the commissioner
or his duly authorized agents may, at any reasonable time, including but not limited to
normal business hours, enter and inspect any municipal shelter or pound or any
establishment under contract with a municipality to provide pound or shelter services.
Section 77.5 Dog dealer prohibited from appointment as dog control officer.
A dog dealer shall neither be appointed as a dog control officer by a municipality, nor
provide dog control officer services pursuant to a contract between a municipality and
an incorporated humane society or similar incorporated dog protective association. For
the purposes of this section, the term dog dealer shall mean any person who buys,
sells, leases, or otherwise deals in dogs as a business enterprise.
October 2009 36
AGM Article 7
Part 78
Records
Section 78.1
Section 78.2
Section 78.3
Section 78.4
Section 78.5
Section 78.6
Section 78.7
Section 78.8
Section 78.9
Section 78.10
Inspection of records.
Notification of commissioner: dog control officer and pound or
shelter services.
Notification of commissioner: local license fee.
Notification of commissioner: lost or stolen dog.
Filing of dog quarantine order.
Notification of commissioner: dangerous dog finding.
Establishment of a common renewal date.
Application for authorization of the manager of a pound or shelter to
issue dog licenses.
Authorization of the manager of a pound or shelter to issue dog
licenses.
Performance of duty of the authorized manager of a pound or
shelter.
Section 78.1 Inspection of records.
Any records required to be maintained by any municipality pursuant to the provisions of
article 7 of the Agriculture and Markets Law, or any rules or regulations adopted
pursuant thereto, shall be open to inspection by the commissioner or his duly authorized
agents at any reasonable time, including but not limited to normal business hours.
Section 78.2 Notification of commissioner: dog control officer and pound or
shelter services.
On or before March 1, 1980, the governing body of each municipality required to
provide dog control officer and pound or shelter services, pursuant to Agriculture and
Markets Law, sections 114 and 115, shall notify the commissioner in writing of the name
and address of the person or persons providing the municipality with such services.
Such notification shall specify whether the municipality has appointed a dog control
officer or officers and established a pound or shelter, contracted for such services with
another municipality, duly incorporated humane society or similar dog protective
association, or has, jointly with one or more other municipalities, appointed a dog
control officer or officers and established a pound of shelter. Said governing body shall
report any change in the personnel or method used to provide the required services
within 30 days of said change.
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AGM Article 7
Section 78.3 Notification of commissioner: local license fee.
Any city, town or licensing village may, by local law or ordinance, set local license fees
as provided for by article 7 of the Agriculture and Markets Law. Upon the filing of a
written request by a municipality, the department shall print the amount of said local
license fee on the license renewal forms mailed to the dog owners in that municipality.
The local license fee shall be printed on the license renewal forms within 30 days of the
receipt of said request, or on the effective date of the local law or ordinance, whichever
is longer. If the department does not receive a written request from a municipality, the
license renewal forms sent to the dog owners in that municipality will not bear a local
license fee and it shall be the responsibility of the municipality to notify dog owners of
local fees.
Section 78.4 Notification of commissioner: lost or stolen dog.
(a) Any owner of record filing a written report of a lost or stolen dog, pursuant to
Agriculture and Markets Law, section 113(2), shall notify the commissioner of the return
of said dog within 10 days of such event.
(b) The identification number of a dog reported lost or stolen shall remain on file with the
department for a minimum of one license renewal period. Upon the receipt of a license
renewal form for such a dog, the owner of record shall notify the department as to
whether the dog remains lost or stolen. Upon receipt of information that the dog
remains lost or stolen, the commissioner shall remove the identification number from the
active file.
Section 78.5 Filing of dog quarantine order.
Any municipality issuing a night quarantine or deer depredation order pursuant to
Agriculture and Markets Law, sections 122 and 123 shall, upon the issuance of said
order, file a certified copy of the order with the commissioner.
Section 78.6 Notification of commissioner: dangerous dog finding.
Upon a finding by a judge or justice that a dog is a dangerous dog pursuant to
Agriculture and Markets Law section 121, the judge or justice shall notify the
commissioner of such finding and whether the dog was ordered to be securely confined
or destroyed. Upon receipt of such notification, the commissioner shall make and
maintain a record of such finding. Said record shall be maintained for the life of the dog.
October 2009 38
AGM Article 7
Section 78.7 Establishment of a common renewal date.
Any municipality authorized to issue licenses pursuant to article 7 of the Agriculture and
Markets Law, which has a population not exceeding 2,500, may request that the
commissioner establish a common renewal date for such licenses. Upon the filing with
and approval by the department of a certified copy of a resolution of the governing body
of the municipality authorizing such request, together with a completed application form,
the commissioner shall set a month and day upon which all such license renewals shall
annually become due.
Section 78.8 Application for authorization of the manager of a pound or shelter to
issue dog licenses.
The governing body of a shelter or pound established, maintained or contracted for,
pursuant to section 115 of the Agriculture and Markets Law may, by filing a certified
copy of a resolution of said governing body authorizing such application together with a
completed application form, apply to the commissioner for authorization of the manager
of said shelter or pound to accept applications for licenses for dogs being redeemed or
adopted from said shelter or pound. The granting, denial or termination of such
authorization shall be within the discretion of the commissioner.
Section 78.9 Authorization of the manager of a pound or shelter to issue dog
licenses.
(a) The commissioner may authorize the issuance of dog licenses by the manager of a
pound or shelter established, maintained, or contracted for, pursuant to section 115 of
the Agriculture and Markets Law. Such manager must be 18 years of age or older. In
order to receive and retain such authorization, a manager of a pound or shelter must file
with the department and thereafter maintain a surety bond in an amount to be
determined by the department, which shall be related to the volume of annual license
sales by said manager and shall be conditioned upon the manager faithfully discharging
the duties of an authorized manager of a pound or shelter pursuant to article 7 of the
Agriculture and Markets Law and the regulations promulgated pursuant thereto, and
well and truly keeping, promptly paying over and promptly accounting for all moneys or
property, including dog license fees and validation numbers, received in said capacity.
Said bond shall indemnify the State and the licensing municipality and county within
which the pound or shelter is located and shall provide that in the case of default, the
parties executing such bond shall pay all damages, costs and expenses resulting from
such default, not exceeding the sum specified in such bond. Said bond shall further
provide that the surety shall notify the department, in writing, 90 days prior to the
cancellation, expiration or other termination of such bond. In lieu of the bond required
herein an authorized manager who, as a municipal officer or employee, is covered by
an existing bond or undertaking, may file a copy of such bond or undertaking together
with an acknowledgment from the issuer that the coverage of the existing bond or
October 2009 39
AGM Article 7
undertaking extends to the municipal employee's faithful discharge of the duties of an
authorized manager of a pound or shelter pursuant to article 7 of the Agriculture and
Markets Law and the regulations promulgated pursuant thereto and to the prompt
payment and accounting for all moneys or property, including dog license fees and
validation numbers, received by the manager in said capacity.
(b) The authorization of a manager of a pound or shelter shall be valid until terminated
by the commissioner, or until the authorized manager is no longer employed by the
shelter or pound, or the bond filed by said manager is cancelled, expires or otherwise
terminates. The governing body of the shelter or pound and the manager shall report
such a cessation of employment or termination of a bond to the department within one
business day of such occurrence and shall immediately confirm such report in writing.
In the event that the authorization of a manager is terminated, or a pound or shelter
ceases to employ a manager authorized to issue licenses or the bond filed by a
manager is cancelled, expires or otherwise terminates, the manager shall, within two
business days of such occurrence return to the department, either personally or by
certified mail, all licensing materials, including unissued validation numbers, together
with a complete accounting for all licenses sold and all license fees collected.
Section 78.10 Performance of duty of the authorized manager of a pound or
shelter.
(a) Without the prior written approval of the department, an authorized manager of a
pound or shelter shall not remove from the pound or shelter any licensing material,
including validation numbers, consigned thereto.
(b) An authorized manager of a pound or shelter shall provide license issuing services
in a timely, efficient and businesslike manner.
(c) An authorized manager of a pound or shelter shall issue licenses only for dogs being
redeemed or adopted from said shelter.
(d) An authorized manager of a pound or shelter shall immediately report to local law
enforcement authorities the theft from the pound or shelter of licensing material,
including validation numbers and fees from licenses which have been sold.
(e) An authorized manager of a pound or shelter shall submit all required records,
reports and remittances in a timely manner and shall draft and sign them properly.
(f) An authorized manager of a pound or shelter shall not bring direct or indirect
pressure on any person adopting or redeeming a dog to purchase the required license,
at the pound or shelter rather than from another authorized licensing agent, such as a
municipal clerk.
O~ober2009 40
AGM Article 7
(g) An authorized manager of a pound or shelter shall collect only those fees for the
issuance of a dog license authorized by article 7 of the Agriculture and Markets Law,
which fees shall be remitted and accounted for as provided therein.
(h) An authorized manager of a pound or shelter shall allow authorized employees of
the department or the Office of the State Comptroller to inspect their license issuing
operations and records at any reasonable time.
October 2009 41
AGMArticle 7
Part 79
Accounting
Section 79.1
Section 79.2
Accounting.
Disposition of fines, penalties and bail forfeitures.
Section 79.1 Accounting.
The accounting for all money collected and distributed pursuant to the provisions of
article 7 of the Agriculture and Markets Law or any local law or ordinance enacted
pursuant thereto shall be in accordance with the accounting system prescribed by the
State Comptroller.
Section 79.2 Disposition of fines, penalties and bail forfeitures.
(a) All money collected by any town or village court as a fine, penalty or bail forfeiture, in
actions brought pursuant to the provisions of article 7 of the Agriculture and Markets
Law or any local law or ordinance enacted pursuant thereto, shall be the property of the
municipality in which said money is collected, but it shall first be reported and remitted
to the State Comptroller in the same manner as other fines, penalties and bail
forfeitures.
(b) The State Comptroller shall return all money remitted pursuant to this Part to the
town or village remitting it and said money shall be identified as "fines and penalties--
dog cases."
October 2009 42
AGM Article 7
CHAPTER 115 OF THE LAWS OF 1894
Section I - Every person who owns or harbors one or more dogs within the corporate
limits of any city having a population of over two million, shall procure a yearly license
and pay the sum of seven dollars and forty cents, plus a tag fee of one dollar, for each
dog, as hereinafter provided; and in applying for such license, or any renewal under
section two hereof, the owner shall state in writing the name, sex, breed, age, color and
marking of the dog, for which the license is to be procured. In the case of a spayed er
neutered dog, every application shall also be accompanied by a certificate signed by a
licensed veterinarian or an affidavit signed by the owner, showing that the dog has been
spayed or neutered. In lieu of the spay or neuter certificate or affidavit an owner may
present a statement certified by a licensed veterinarian stating that he has examined the
dog and found that because of old age or other reason, the life of the dog would be
endangered by spaying or neutering.
Section 3-a - In addition to the fee charged pursuant to sections one and two of this
chapter, any person applying for a dog license shall pay a fee of three dollars for any
dog six months of age or older which has not been spayed or neutered unless an owner
presents with the license application a statement certified by a licensed veterinarian
stating that he has examined the dog and found that because of old age or other
reasons, the life of the dog would be endangered by spaying or neutering. All fees
collected pursuant to the provisions of this section shall be forwarded to the state
comptroller for deposit in the animal population control fund created pursuant to section
97-xx of the state finance law and section 117-a of the agriculture and markets law.
Section 9 - Any person or persons, who shall hinder or molest or interfere with any
officer or agent of said society in the performance of any duty enjoined by this act, or
who shall use a license tag on a dog for which it was not issued, shall be deemed guilty
of a misdemeanor. Any person who owns or harbors a dog without complying with the
provisions of this act shall be deemed guilty of disorderly conduct, and upon conviction
thereof before any magistrate shall be fined for such offense any sum not exceeding ten
dollars, and in default of payment of such fine may be committed to prison by such
magistrate until the same be paid, but such imprisonment shall not exceed ten days.
Any person who for the purpose of participating in the "animal population control
program" shall falsify proof of adoption from a pound, shelter, duly incorporated society
for the prevention of cruelty to animals, humane society or dog or cat protective
association or who shall furnish any licensed veterinarian of this state with inaccurate
information concerning his or her residency or the ownership of an animal or such
person's authority to submit an animal for a spaying or neutering procedure pursuant to
section 117-a of the agriculture and markets law and any veterinarian who shall furnish
the commissioner with false information concerning an animal sterilization fee schedule
or an animal sterilization certificate submitted pursuant to subdivision 4 of section 117-a
of the agriculture and markets law shall be guilty of a violation punishable by a fine of
not more than two hundred fifty dollars where prosecuted pursuant to the penal law, or
where prosecuted as an action to recover a civil penalty of not more than two hundred
fifty dollars.
October 2009 43
AGM Article 7
STATE FINANCE LAW
§97-rr. Pet dealer licensing fund. 1. There is hereby established in the joint custody
of the state comptroller and the commissioner of taxation and finance, a fund to be
known as the "pet dealer licensing fund".
2. Such fund shall consist of all monies collected pursuant to article twenty-six-A of
the agriculture and markets law, except for monies collected pursuant to subdivision five
of section four hundred three of such article, and all other monies credited or transferred
thereto from any other fund or source pursuant to law.
3, Monies of the fund shall be expended solely for the purposes of carrying out the
provisions of article thirty-five-D of the general business law and article twenty-six-A of
the agriculture and markets law. Monies shall be paid out of the fund on the audit and
warrant of the state comptroller on vouchers approved by the commissioner of
agriculture and markets. Any interest received by the comptroller on monies on deposit
in the pet dealer licensing fund shall be retained in and become part of such fund.
§97-xx. Animal population control fund. 1. There is hereby established in the joint
custody of the state comptroller and the commissioner of taxation and finance a fund to
be known as the "animal population control fund".
2. Such fund shall consist of all moneys collected pursuant to paragraph c of
subdivision four of section one hundred ten of the agriculture and markets law,
subdivision five of section one hundred seventeen-a of the agriculture and markets law,
and section three-a of chapter one hundred fifteen of the laws of eighteen hundred
ninety-four, and all other moneys credited or transferred thereto from any other fund or
source pursuant to law.
3. Moneys of the fund shall be expended for the purposes of carrying out the
provisions of section one hundred seventeen-a of the agriculture and markets law.
Moneys shall be paid out of the fund on the audit and warrant of the state comptroller on
vouchers approved by the com missioner of agriculture and markets. A ny interest
received by the comptroller on moneys on deposit in the animal population control fund
shall be retained in and become part of such fund.
October 2009 44