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HomeMy WebLinkAboutArticle 7 AGM 01/2011Article 7 AGM 01/11 LICENSING. IDENTIFICATION AND CONTROL OF DOGS Section 10~. Purpose. 107. Application. 108. Definitions. 109. Licensing of dogs requited; rabies vaccination X~luired. 110. License lees. 111. Iden 'hfication of dogs. 11Z Change of ownership; lost or stolen dog. 114~ Pounds and shelters. 115. Funds expended by munidpality [or services. 116. Spaying and neutering [a~lities authorized. 117. Seizure o[ dogs; redemption periods; impoundment [ees; adoption. 117-a. Animal population control progran~ 118. Violations. 120. Protection o[ deer. 121. Night quarantine. 12Z Local laws or ordinances. 123. Dangerous dogs. 123-a. Exemption [-rom civil liability. 123-b. Offenses against service animals and handlers. 124~ Powers o[ commissioner. § 106. Purpose. The purpose of this artide is to provide forthe licensing and ider~ification 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 dty having a population of over two millioz~ 2. In ttae event that any dog owned by a resident of any dty having a population of over two million or by a non-resident of this sta~e is municipality in which such animal is harbored may exempt such dog from the identification and licensing provisions of this artide for a period Article 7 AGM 01/11 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 institutio~ 4. This article shall not apply to any dog confined to the premises of any person, firm or corporation engaged in h~e business of breeding or raising dogs for profit and licensed as a class A dealer under the Federal Laboratory Animal Welfare Act. 5. Nothing contained in this article shall prevent a munidpality 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 flint is specific as to breed. Notwithstanding the provisions of subdivision one of this section, this subdivision and sections one hundred twenty-three, one hundred twenty-thrcc~ a and one hundred twenty-three-b of this article shall apply to all munidpalities including dties of two million or more. 6. Nothing contained in this article shall be construed to proluTbit a county from administering a dog licensing program for the munidpalities § 108. Definitions. As used in this article, unless otherwise expressly stated or unless the context or subject matter requires 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 county, town, dty or village where licenses are validated or issued pursuant to this article. 4. "Commissioner" means the state commissioner of agriculture and 5. "Dog" means any member of the spedes canis familiaris. 6. "Dog control officer" means any individual appointed by a munidpality 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 munidpality to assist in the enforcement of this article. Article 7 AGM 01/11 7. "Domestic animal" means any domesticated sheep, horse, cattle, ffdlow deer, red deer, sika deer, whitetail deer which is raised under license from the depa~tuvent of 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 locat~l within the sta~e 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 issued by the licensing munidpality which sets forth an identification number, together wih~ the paine of the munidpality, the state of New York, contact information, including telephone number, for the munidpality and such other information as the licensing munidpality deems appropriate. 12. "Identified dog" means any dog carrying an identification tag as provided in section one hundred eleven of this article. 13. "Munidpality" means any county, town, dry and village. 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 hhis 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 h~e parent or guardian of such perso~ 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 twelve 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, h~e owner of record shall be deemed to be h~e parent or guardian of such perso~ 17. "Person" means any individual, corporation, pa~hmrship, association or other organized group of persons, munidpality, or other 18. "Police work dog" means any dog owned or harbored by any state or munidpal police depaxhmmt or any state or f~deral law enforcement Article 7 AGM 01/11 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 assodation that operates on a nationwide basis, issues numbered reb, istration certificates and keeps such records as may be required by commissioner. 20. "War dog" means any dog which has been honorably discharged from 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 sta~e during the period such dog is being trained or bred for such purpose. 22. "Service do§" 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 ot~er legal representative. 23. "Person wifl~ a disability" means any person with a disability as that term is defined in subdivision twenty-one of section two hundred ninety-two of fl~e executive law. 24. (a) ~Dangerous do§" 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 fif~r 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 un'p~stified imminent threat of serious physical injury or death to one or more persons, companion animal.% ~ animals or domestic animals or (iii) wifllout 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 descrfbed 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. ~rorking search do§" means any dog that is trained to aid in 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. Article 7 AGM 01/11 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 slate 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 29. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes deafl~ 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 required; rabies vacdnation required. 1. (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, or that is residing in a pound or sheller main&ained by or under contract or agreement with the state or any county, dty, town or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog prolective associatio~ Except as otherwise provided in this subdivision, a license shall be issued or renewed for a period of at least one year, provided, 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 monfl~ of fl~e 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 two of ~ section, a license shall be issued or renewed for a period of one year from the date of said statement. Any munidpality may establish a common renewal date for all such licenses. A license issued by a munidpality 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. Co) Application for a dog license shall be made to the clerk of the Article 7 AGM 01/11 town, dty, or county or, in the counties of Nassau and Westchester, incorporated village in which the dog is harbored or to the village derk of those villages in the county of Rockland with a population of fift~m thousand or more which have elected to accept applications pursuant to the provisions of this paragraph or to the village derk of thevillage of Newark in the county of Wayne upon the election of the village of Newark pursuant to the provisions of ~ 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 s]~all no longe~ be made to the village clerk, but to the clerk of the town in which the village is situated. Provided further, however, that in the county of Rockland, the board of trustees of any incorporated village with a pop~lation of fifteen thousand or more may by resolution provide that application for licenses shallbe made to the village clerk. Provided further, however, that in the county of Wayne, the board of trust,s of the village of Newark may by resolution provide that application for licenses shall be made to the village de,lc The governing body of any town or dty or, in the counties of Nassau and Westchester, incorporated village or in the 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, dty or village. The issuance of any licel~se 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 tx)und, such application may be made to the county dog control officer in charge of such fa~lity. In the ra~ of a dog being redeemed or a dog being adopted from a shelter or pound established, maintained or contracted for, pursuant to section one hundred fourteen of this article, such application may be made to the manager of such facility, provided such manager has been authorized by the munidpality in which the prospective owner resides to accept such applicatio~ 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 munidpality in which the prospective owner resides. (c) The application shall state the se~, actual or approximate age, Article 7 AGM 01/11 breed, color, and munidpal identification number of the dog, and other identification marks, if any, and the name, address, telephone number, county and town, dry or village of residence of the owner. Munidpalities may also require additional information on such (d) The application shall be accompanied by the license fee prescr~ed by section one hundred ten of this artide and a certificate of rabies vaccination or statement in lieu thereof, as required by subdivision two 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 ttae derk 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 mason, 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 subdivision one of section one hundred ten of this artide. (e) Upon validation by the clerk, authorized dog control officer or authorized pound or shelter manager, ttae application shall become a license for ttae dog described therei~ (f) The derk, authorized dog control officer or authorized pound or shelter manager shaH: (i) provide a copy of the license to the owner; (ii) retain a record of the license that shall be made available utxm request to the commissioner for purposes of rabies and other animal disease control efforts and actions. In addition, the authorized pound or shel~er 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. Utx)n the transfer of ownership of any dog, the new owne~ shah immediately make application for a license for such dog. (h) Notwithstanding the provisions of any general, special or local law, or any nde or regulation to the contrary, the clerk, authorized dog control officer or auttaorized pound or shel~er manager in municipalities having a population of less than one hundred thousand shall within five business days after the license has been validated, Article 7 AGM 01/11 send a copy of the validated license to the licensing munidpality in which the dog is to be harbored. 2. The clerk, authorized dog control officer or authorized pound or shelter manager, at the time of issuing any license pursuant to this artide, shall require the applicant to present a statement certified by a licensed veterinarian showing flint the dog or dogs have been vaccinated to prevent rabies or, in l~u ~hereof, a statement certified by a licensed veterinarian stating that because of old age or another mason, the life of the dog or dogs would be endangered by the administration of vaccine. The derlg authorized dog control officer or authorized pound or shelter manager slaall make or cause to be made from such statement a record of such information and shall file such record with a copy of the license. Such records shall be made available to the commissioner upon request for rabies and other animal disease control 3. Munidpalities may provide for the establishment and issuance of purebred licenses and, in ttae event they do so, shall provide for the assessment of a surcharge of at least three dollars for the purposes of carrying out animal population control efforts as provided in section one hundred seventeen-a of this article. § 110. License fees. 1. The license fee for dog licenses issued pursuant to subdivision one of section one hundred nine of this artide shall be determined by the munidpality issuing ttae Hcense, provided that the total fee for an unspayed or unneu~ered dog s~aall be at least five dollars more than the total fee for a spayed or neutered dog. All revenue derived from such fees shall be ttae sole 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 sixteen of this article used ttaerefor, and sub,idling public humane education programs in responsible dog ownership. 2. Munidpalities may exempt from their licensing fees 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", ~rlearing Dog", "Servi~e Dog", ~rorking Search Dog", ~rar Dog", "Detection Dog", "Police Work Dog", or "Therapy Dog", as may be appropriate, by ttae clerk or authorized dog Article 7 AGM 01/11 control officer. 3. In addition to the fee charged pursuant to subdivision one of this section, all munidpalities issuing dog licenses pursuant to this arfide are required to provide for the assessment of an additional surcharge of at least one dollar for altered dogs and at least three dollars for unaltered dogs for the ~ of carrying out animal population control efforts as provided in section one hundred seventeen-a of this article. 4. In addition to the fee charged pursuant to subdivision one of this section, any municipality issuing dog licenses pursuant to this article is hereby authorized to provide for the assessment of additional surcharges for the purlx~ oE (a) recovering costs associated with enumeration conducted pursuant to subdivision six of section one hundred thirteen of this article should a dog be ider~ified as unlicensed during such enumeratio~ 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 enumeratio~ 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 enforcing this article and for spaying or neutering animal.gj and (b) offsetting costs associated with the provision and replacement of identification tags pursuant to section one hundred eleven of this article. § iii. Identification of dogs. i. Each dog licensed pursuant to subdivision one of section one hundred nine of this artide shall be assigned, at the time the dog is first licensed, a munidpal 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 munidpality may exempt dogs participating in a dog show during such participation. 2. No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been 3. A munidpality offering a purebred license may provide a licensee, at his or her expense, any number of tags imprinted with the same numbe~ as the purebred license. One such tag shall be affixed to ttae collar of each dog harbored pursuant to the purebred license at all times, Article 7 AGM 01/11 provided that munidpalities may exempt dogs partidpating in a dog show during such partidpation. Such a tag shah be affixed only to the collar of a dog owned by ttae holder of the purebred license and harbored on his premises. 4. A munidpality offering a license for any guide dog, service dog, hearing dog or detection dog may issue a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag required by subdivision one of this section. The munidpality may prescr~e the shape, size, color, and form of imprint of the tag which shall be a different color and shape than the standard identification tag. Upon application, the commissioner shall furnish such tags without payment of a fee. § 11Z Change of ownership; lost or stolen dog. 1. In the event of a change in the ownership of any dog which has been licensed pursuant to this article 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 municipality in which the dog is licensed a written report of such change. Such owner of re, rd shall be liable for any violation of this arfide until such filing is made or until the dog is licensed in the ~ame of the new owner. 2. If any dog which has been licensed pursuant to this article is lost or stolen, the owner of record shall: within ten days of ttae discovery of such loss or theft file with ttae munidpality in which ttae dog is licensed 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. 3. In the case of a dog's death, the owner of record shall so notify the munidpality in which the dog is licensed either prior to renewal of licensure or upon the time of such renewal as set forfla by the munidpality in which the the dog is licensed. § 113. Dog control officers. 1. Each town and dty, 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 assLsting, within the appointing munidpality, with the control of dogs and the enforcement of this artide. 2. In lieu of or in addition to the appointment of a dog control officer or officers, any town or dty, or any village in which licenses Article 7 AGM 01/11 are reed shall~ and any ottaer village and any county may, contract for dog control officer services w-ilia any other munidpality or with any incorporated humane society or similar incorporated dog protective association, or shall appoint, jointly with one or more other munidpalities, one or more dog control officers having jurisdiction in each of the cooperating munidpalities. 3. Every dog control officer shall have the power to issue an appearance ticket pursuant to section 150.20 of 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 artide. 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 munidpality to assist in the enforcement of this artide may serve any process, induding an appearance ticket, a uniform appearance ticket and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or dvil in nature undertaken in accord with the provisions of this artide or any local law or ordinance promulgated pursuant thereto. 4. Every dog control officer, peace officer, when acting pursuant to his spedal duties or police officer shall promptly make and waintain a complete record of any seizure and subsequent disposition of any dog. Such record shah indude, but not be limited to, a description of the dog, the date and hour of seizure, the official ideraification number of such dog, if any, the location where seized, the reason for seizure, and the owner's name and address, if known. 5. Every dog control officer shall ~e and maintain such records for not less than three years following the creation of such record, and shall make such reports available to the commissioner upon request. 6. The governing body of any munidpality in which licenses are issued, may, either individually orin cooperation with other munidpal entities, require its dog control officer or animal control officer or any other authorized agent to ascertain and list the ~ames of all persons in the munidpality owning or harboring dogs, orinlieu thereof, such munidpality may contract to have the same done. § 114. Pounds and shelters. 1. Each town and dry, and each village in which licenses are issued shaH, and any other village and any county may, establish and maintain a pound or shel~er for dogs. 2. In lieu of or in addition to establishing and maintaining such Article 7 AGM 01/11 pound or shelter, any town or dty, or any village in which licenses are issued shall, and any ottaer 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 munidpalities, a pound or shelter. § 115. Funds expended by munidpality for services. No munidpality shall be required to expend in any calendar year for dog control officer and pound or shel~er services undertaken pursuant to this article, an amount of money grea~er than it receives during such year pursuant to this article and any local law or ordinance enacted pursuant thereto. § ll6. Spaying and neutering facilities authorized. 1. Any munidpality may, by local law or ordinance, provide for ttae establishment and operation of a facility to provide services for ttae alteration of the reproductive capadty through spaying or neutering of dogs and cats owned by the residents ttaereof. 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 munidpality, its agents, servants and employees harmless for any damages arising therefrom or inddental thereto. 3. Any munidpality 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 animalwillbe maintained~ while the animal remains in the custody of ttae 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 ~en of this article and section one hundred seventeen-a of this article be used to subsidize the spaying or neutering of cats. § 117. Seizure of dogs; redemption periods; impoundment fees; adoptio~ 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 munidpality shall seize: (a) any dog which is not identified and which is not on the owner's Article 7 AGM 01/11 premises; (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 ofthe dog's owner or custodian, if there is probable cause to believe the dog is dangerous; and (d) any dog which poses an immediate hhreat 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 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 munidpality may seize any dog in violation of any local law or ordinance relating to the control of dogs, adopted by any munidpality 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 h~at the dog has been licensed and has been identified pursuant to the provisions of this article and fu_rther provided that the owner pays (a) not less flaan ten dollars for the first impoundment of any dog owned by that person; (b) not less than 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) not less than 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 perso~ The impoundment fees set forth in paragraphs (a), (b) and (c) of this subdivision notwithstanding, any munidpality may set by local law or ordinance such fees in any amount. 5. All impoundment fees shall be the property of the munidpality to which they are paid and shall be used only for controlling dogs and Article 7 AGM 01/11 enfordng this artide 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 sixteen of this article used h~erefor, and subsidizing public humane education programs in responm~le dog ownership. 6. Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally orby certified mail: return receipt request~l, of the f~cts 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 l~ailivlg, 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. 7. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall h~en be made available for adoption or euthanized subject to subdivisions six, eight and nine of this sedion and subject to the provisions of section three hundred seventy-four of this chapter. Any munidpality may by local law or ordinance establish additional conditions for adoption including h~e requirement that adopted dogs shall be spayed or neutered before or after release from custody upon such terms and conditions as the munidpality may establish. 7-a. Any animal in the custody of a pound 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 provided, however, that such release may be made to anoh~er such pound, duly incorporated sodety for the prevention of cruelty to animal% duly incorporated humane society or duly incorporated animal protective association for the sole purpose of placing such animal in an adoptive home, when such action is reasonably believed to improve h~e opportunity for adoptio~ 8. The redemption periods set forth above in this section notwih~tanding, any munidpalitymay 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 h~e owner is given by Article 7 AGM 01/11 wail: no such period shall be less than seven days. 9. Any dog, owned by a resident of any dty having a population of over two million or by a non-resident o[ this state, seized and impounded pursuant to the provisions o[ this artide, and whose owne~ 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 artide shall not apply provided such dog is not harbored within this state outside any dty havin§ a population of over two million for a period exceeding thirty days. 10. The seizure of any dog shall not relieve any person [rom any violation provided for by section one hundred nineteen of this article. 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 o[ this article. § 117-a. Animal population control program. 1. The commissioner shall submit a request for proposals from not-for-profit entities as descn~ed herein for the purpose o[ administering a state animal population control program. The entity chosen to administer such program shall enter into a contract with the state for a term of five years, which may this program shall be to reduce the population of unwanted and stray dogs and cats thereby reducing incidence of euthanasia and 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 low-cost spaying and neutering services to such owners meeting the criteria enumerated in subdivision ~ of ~ sectio~ For purposes of this section, "low~st" shall mean substantially less than the average cost in a particular region of the state for spaying or neutering services, indudin§ any and all ancillary changes for services, including but not limited to, presurgical examinations, tests and immunizations, and other services related to the spay or neuter procedure. All veterinary services provided pursuant to this section must be performed by a 2. Eli~le not-for-profit entities shall ~ollsist of duly incorporated sodeties for the prevention of cruelty to animals, duly incorporated Article 7 AGM 01/11 humane sodeties, duly incorporated animal protective associations, or duly incorporated non-profit corporations that have received designation as 501(c)(3) entities by the Internal Revenue Service and which entities are operating as animal rescue organizations, animal adoption organizations, spay/neuter clinics, or other entities whose core mission predominantly includes statewide efforts to manage the companion animal population in New York state. In awarding the contract, the commissioner must consider the following criteria wifl~ respect to each applicant:, its experience in providing low-cost spay-neuter services, the scope of services it provides, tt~e length of time it has been operating, its fina~al history, its demonstrated ability to work with outside organizations and community groups, and the proposed cost of administering and promoting the program. In choosing such entity, tt~e commissioner may establish other criteria for making his or her animal advocacy and welfare organizations, and munidpalities. The selection of the administrative entity overseeing the state animal population control fund must be completed no later than December thirty-first, two thousand ~en. (a) The administrative entity chosen by the commissioner shall review plans submitted for approval and funding of low-cost spay-neuter programs and award grants for the animal population control fund for imple~nentation of such plans. In reviewing the plans, tt~e entity shall consider the following criteria: the method of providing low-cost spay-neuter services, including an antidpated fee schedule for such services, the size and need of the population served, the plan for low-cost spay-neuter services and cost-effectiveness of the overall plan. In awarding grants, the entity shall use best efforts to provide statewide distrfbution of funding. (b) (i) Upon approving a plan submitted pursuant to this section, the administrative entity shall award a grant for tt~e creation and imple~nentation of such plan. (ii) Upon approving a plan submitted for approval and funding of all other spay-neuter programs, the administrative entity shall award grants for the ongoing administration of low-cost spay-neuter services. Payments against such grants shall be advanced quarterly. Any remaining funds at tt~e end of fl~e grant period shallbe remitted to the animal population control fund. Article 7 AGM 01/11 (iii) Any grants made pursuant to ~ section may be discontinued i~ it is found by the administrative entity that funds previously disbursed were not used ~or their intended purpose or that services performed were not provided accordin~ to the terms and conditions as the administrative entity shall provide. (c) An administrative entity selected pursuant to this section shall use proceeds from the animal population control fund to pay for reasonable expenses incurred in operating the low-cost spay-neuter program, but is hereby authorized to solidt funds from other public and (d) Such administrative entity shall submit an annual report to the ~overnor, the temporary president of the senate, the speaker o~ the assembly, fl~e minority leader o~ the senate, the minority leader o~ the assembly, and the commissioner. Such report shall indude but not be the number o~ entities receivin~ fundin~ and fl~e amount received by each entity, fl~e total number and type o~ low-cost spay-neuter services provided by each entity, the method o~ providing such se~ices by each entity, fl~e expenditure made for promotin~ the fund and description o~ marketin~ efforts, and recommendations re§ardin§ the implementation and final~cial viability of the ~lnd. (e) The administrative entity shah Perform such other tasks as may be reasonable and necessary for the administration o~ such fund. (0 I~ the administrative entity cannot Perform its obligations pursuant to its contract, or i~ it is determined by the commissioner that it is not Per[ormin§ its obli§ations in a satisfactory manner, the commissioner may cancel such contract and issue another request for proposals fxom other entities to administer the program. 3. In order to be elib~le to partidpate in the animal Population control program, and therefore, be entitled to the low-cost spay/neuter services provided for herein, an owner o~ a dog or cat shah be a resident o~ New York state and shall submit proo~ to the entity providing such services as follows: (a) in the form o~ an adoption agreement that their dog or cat was adopted fxom a pound, shelter maintained by or under contract or agreement wifl~ the state or any county, dty, town, or village, duly incorporated sodety for the prevention o~ cruelty to animals, duly incorporated humane sodety or duly incorporated dog or cat protective association~ or Article 7 AGM 01/11 (b) proo[ o[ partidpation in at least one o[ tt~e ~ollowin~. (i) the [ood stamp program authorized pursuant to 7U.S.C. 2011, et (ii) the supplemental security income for the aged, blind and disabled program authorized pursuant to 42 U.S.C. 1381 et seq.; (iii) the low income housing assistance program authorized pursuant to 42 U.S.C. 1437(0; (iv) the Family Assistance program authorized pursuant to title ten o[ article five o[ the social services law; (v) the Safety Net Assistance program authorized pursuant to title three o[ article five o[ the social services law; (vi) the program of Medical Assistance authorized pursuant to tifle eleven o[ article five o[ the social services law; or (vii) other similar programs identified by the administrative entity and approved by the commissioner; and (c) in any city, town, village, or county which has enacted a local law or ordinance requiring spay/neuter o[ all dogs and cats prior to adolYdon from shel~ers, pounds, duly incorporated societies for the prevention o[ 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 pro~l~ll shall be determined based solely on the provisions o[ paragraph (b) of this subdivisio~ 4. Notwithstandin§hhe provisions o[ paragraph (a) o[ subdivision three o[ this section, no resident, otherwise q~ali[ied pursuant to such paragraph, shall be entitled to participate in the low cost spay/neuter program implemented by this section if the animal to be spayed or (a) was imported or caused to be imported from outside the sta~e; (b) was adopted from an otherwise q~alif~gpound, shelter, duly incorporated society for the prevention o[ cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association which included tt~e cost of a spaying or neu~erin§ procedure in the cost o[ tt~e adolYdo~ 5. Any county is hereby auhhorized to establish and implement an animal population control program wflhin its jurisdictio~ Any county creating its own program may submit a plan to the administrative entity for such program for approval and to receive funding from the animal population control program. Such plan shall include but not be limited Article 7 AGM 01/11 to the criteria descn'bed in paragraph (a) of subdivision two of this 6. Any county which has c~eated its own program, which has been approved by the administrative entity pursuant to this section, may receive the funds collected by the munidpalities within the county pursuant to subdivision three of section one hundred ten of this artide for the sole purpose of administering such pmgra~ Such county program shall be subject to this article and the terms and conditions of animal population control program, as may be amended from time to time. 7. Any municipality within a county that does not have its own program approved by the administrative entity pursuant to subdivision two of this section must submit the funds collected pursuant to subdivision three of section one hundred ten of this article to the animal finance law. 8. In the absence of a county animal population control pmgran% entities descrt~d below within such county may, pursuant to subdivision two of this section, apply for funds from the animal population control fund descried in section ninety-seven-xx of the state finance law for the sole purpose of providing low-cost spay and neuter services in their service are~. In the event that the service area of an entity encompasses two or more counties, such entity may apply and receive funding from the animal population control fund to serve such portion of their service area that is not covered by an existing county animal population control program. Such entities shall indude pounds, duly incorporated societies for the prevention of cruelty to animals, duly incorporated humane societies, duly incorporated animal protective associations and duly incorporated nonprofit corporations that have received designation as a 501(c)(3) organization by the Internal Revenue Service, which entities are operating as animal rescue or adoption organizations. Any such entity must also be in good standing with the charities bureau of the office of the attorney general and with the secretary of state. 9. The administrative entity shall establish reporting requirements for any entity awarded funding through the animal population control pmgranb and any other protocols necessary to ensure appropriate and effective use of monies disbursed pursuant to this section. § 118. Violations. 1. It shall be a violation, punishable as provided Article 7 AGM 01/11 in subdivision two of this section, for: (a) any owner ~o ~ ~o license any dog; (b) any owner ~o ~ ~o have any dog identified as required by this artide; (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; (d) any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article; (e) any person to furnish any false or misleading information on any form required to be filed with any munidpality pursuant to the provisions of this article or rules and regulations promulgated pursuant (f) the owner or custodiml 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 se~ice dog; 0g) any owner of a dog to fail to notify the munidpality in which his or her dog is licensed of any change of ownership or address as required by section one hundred twelve of this article. 2. It shall be the duty of the dog control officer of any munidpality to bring an adion against any person who has committed within such munidpality any violation set forth in subdivision one of this sedion. Any munidpality may elect either to prosecute such adion as a violation under the penal law or to commence an action to recover a A violation of this section shall be punishable, subject to such an election, eittaer. (a) where prosecut~l pursuant to the penal law, by a fine ofnot less than twenty-five dollars, except that (i) where the person was found to have violated hhis section or former article seven of hhis chapter within the preceding five years, the fine may be not less 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 less than one hundred dollars or imprisonment for not more than fifteen days, or both; or (b) where prosecuted as an action to recover a dvil penalty, bya dvil penalty of not less than twenty-five dollars, except that (i) when the person was found to have violated this section or this article within the preceding five years, the dvil penalty may be not less than Article 7 AGM 01/11 fifty dollars, and (ii) where the person was found to have commiRed ~wo or more such violations within the preceding five years, the dvil penalty may be no~ less than one hundred dollars. 3. A de[end[mt char§ed with a violation of [my provision of this arlide or [my local law or ordinance promulgated pursuant thereto may plead guilty to the charge in open courL He or she may also submit to the magistrate having jurisdiction, in person, by duly authorized agent, or by re~stered mail: a statement (a) that he or she waives arraignment in open court and the aid of counsel, (b) that he or she pleads guilty to the offense char§ed, (c) that he or she elects and requests that the charge he disposed of [md the fine or penalty fixed by the court, (d) of [my explanation that he or she desires to make concerning the offense charged, [md (e) that he or she makes all statements under penalty of perjury. Thereupon the magistrate may proceed as though the defendant had been convicted upon a plea of guilty in open court, provided however, that [my imposition of fine or penalty hereunder shall he deemed tentative until such fine or penalty shall have been paid [md discharged in full. If upon receipt of the aforesaid statement the magistrate shall deny the same, he or she shall thereupon notify the defendant of this fact, [md that he or she is required to appear before the said magistrate at a stated time [md place to answer the charge which shall thereafter be disposed of pursuant to the applicable provisions of law. 4. Any person who intentionally refuses, withholds, or denies a person, because he or she is accompanied by an on-duty police work dog, working search, war, or detection dog as defined in section one hundred eight of this article, [my accommodations, facilities, or privileges thereof slaall he subject to a civil penalty of up to two hundred dollars for the first violation [md up to four hundred dollars for each 5. 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, duly incorporated humane sodety or duly incorporated dog or cat protective association or who shall furnish [my 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 arlide, [md [my veterinarian Article 7 AGM 01/11 who shall furnish false information concerning animal steriliTation fees shall be guilty of a violation punishable by a fine of not less than two hundred fifty dollars where prosecuted pursuant to the penal law, or where prosecuted as an action to recover advil penalty of not more than two hundred fifty dollars. § ll9. Disposition of fines. Notwflhstanding any other provision of law, all moneys collected as fines or penalties by any municipality as a result of any prosecution ~or vio~io~ 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 munidpality. Such moneys shall be used only for controlling dogs and enfordng 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 sixteen of this article used therefor, and subs-id'ming public humane education programs in reslxmsible dog ownership. § 120. Protection of deer. 1. Whenever the governing body of any munidpality shall determine ttmt the deer population in the munidpality 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 munidpality or part hhereof 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. Nolice of such order shallbe given by publication in a newspaper or newspapers of ~neral circulation in said munidpality which shall be designated by such governing body and by 63ing 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 Article 7 AGM 01/11 attack, chase or worry any deer, any dog control officer, peace officer, acting pursuant to his special duties, or police officer upon witnessing ~ same, shall destroy, or seize and destroy, such dog, and no liabili~] in damages or otherwise shall be incurred on account of such des~ructio~ 5. If any dog shall kill or cripple any deer, the owner shall be subject to a civil penal~] in the amount of one hundred dollars for the firs~ 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 mom of one hundred ~ 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 sta~e 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. § 121. Night quarantine. 1. The governing body of any munidpality may at any time by order require that all dogs in such munidpality 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 shallbe given by publication in a newspaper or newspapers of general circulation in said munidpali~y which shall be designated by such governing body and by fiqing a copy of ttae 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 s~°cial 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 eight~m 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. § 122. Local laws or ordinances. 1. Any munidpality may enact a local law or ordinance upon the keeping or mg at large of dogs and the seizure thereof, provided no munidpality shall vary, modify, enlarge or restrict the provisions of this artide relating to rabies vaccination Article 7 AGM 01/11 and euthanization. 2. Such local law or ordinance may: (a) impose Penalties for violation of such restridions ~o be recovered in advil action in the name of such munidpality; (b)provide ~or en~orcementby fine or imprisonment ~or any such violation; or (c) provide for the issuance pursuant to the criminal procedure law of an appearance ticket, orin lieu thereof, a uniform appearance ticket, or in lieu thereof, a uniform appearance ticket and simplified information, as provided in section one hundred ~ourteen 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 ~or any such § 123. Dangerous dogs. 1. Any person who witnesses an attack or threatened attack, orin 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 as defined in section flu~e hundred hundred fifty, 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 munidpality. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in subdivision ~vo of this section and, if there is mason to believe the dog is a dangerous dog, the officer shah forthwith commence such proceeding himself or herself. 2. Any person who wimesses an aRack or threatened aRaclg 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 aRack or threatened aRack. Thereupon, the judge or justice shall immediately determine if there is probable cause ~o believe the dog is a dangerous dog and, if so, shall issue an order to any dog contxol officer, peace officer, ac-ling pursuant ~o his or her special duties, or police officer directing such officer to immediately seize such dog and hold ttae same pending judicial determination as provided in this section. Whether or not the judge or justice finds the~e is probable cause for such seizure, he or she shall, Article 7 AGM 01/11 within five days and upon written notice of not less limn two days to the owner of the dog, hold a hearing on the complains The shall have the burden at such hearing to prove the dog is a "dangerous dog" by dear and convincing evidence. If satisfied ttmt 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 circuinstances 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 Co) 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 public from unauthorized contact with the dog, and (3) to protect the dog from the elements pursuant to section three hundred fiffy-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 in~erfere with its vision or respiration; or (e) mainte~mnce 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. Upona finding that a dog is dangerous, thejudge or justice may order humane euthanasia or permanent confinement of the dog ff one of the following aggravating cirommtances is established at the judicial hearing held pursuant to subdivision two of this section: (a) the dog, without justification, attacked a person musing serious physical injury or death; or CO) the dog has a known vidous propensity as evidenced by a previous unjustified attack on a person, which caused serious physical injury or death; or Article 7 AGM 01/11 (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 bya "dangerous dog" finding An order of humane euthanasia shall not be carried out until expiration of the flairty day period provided for in subdivision five of this section for filir~g a notice of appeal, unless the owner of the dog has indicated to flae judge in writin~ his or her in~ention 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 flae threa~, 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 Rs offspring, or has in the past tormented, abused, assaulted or physically threatened the dog or its of~pring; (c) was justified because the dog was responding to pain or injury, or was protecting Rself, Rs owner, custodian, or a member of Rs household, Rs kennels or Rs offspring; or was justified because the injured, threatened or killed companion animal, farm animal or domestic animal was attacking or threatening to attack flae dog or Rs of~pring. 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. 5. (a) The owner of a dog found to be a ndangerous dogn pursuant to this section may appeal such determination, and/or the court's order concerning disposflion of the dog to the court having jurisdiction to hear civil appeals in the county where flae "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 sectio~ Court rules governing civil appeals in the appropriate jurisdiction shall govern flae appeal of a determination unde~ 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 Article 7 AGM 01/11 pending final determination of any appeal. In all othe~ 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 advil penalty not to exceed four hundred dollars in addition to any other applicable 7. The owner of a dog who, through any act or omission, negligently permits his or her dog to bi~e a person causing serious physical injury shallbe subject to advil 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 dc~ermined to be dangerous pursuant to this article, to bi~e a person causing serious physical injury, shall be guilty of a misdemeanor punishable by a fine of not more limn 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 dc~ermined 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 sl~all: ~xcept in the drom~stances 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. Article 7 AGM 01/11 11. The owner shall not be liable pursuant to subdivision six, seven, eight, nine or tenofthis 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 sedion 130.35 o~ the penal law, criminal sexual act in the first degree as defined in subdivision one or two of section 130.50 of the penal law or kidnapping within the dwelling or upon the real property of the owner of the dog and the dog injured or 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 provisiolls o~ this section shall be in addition to such ~ommon law and statutory remedies. 13. Nothing contained in this section shall restrict hhe ~ and powers derived f~om the provisions of title ~our of ar~cle 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. § 123-a. Exemption from dvil 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 attacldng, and no liability in damages or otherwise shall be incurred on account of such destruction. 2. If any dog sl~all; 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 destructio~ Article 7 AGM 01/11 § 123-b. Offenses against service animals and handlers. 1. Definitions. For purposes of hhis sectiom (a) "Service animal" shall mean any animal that has been paxh~ered with a person who has a disability and has been trained or is being trained, by a qualified person, ~o aid or guide a person with a (b) '~sabilit~ shall have hhe same meaning as provided in section two hundred ninety-two of the executive law. (c) ~Iandier~ shall mean a disabled person using a service animal. (d) ~Formal [rainin~ pro~arn" or "certified trainer" shall mean an institution, group or individual who has documentation and community recognition as a provider of service animal.~. 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 handier and service animal to danger or resulting in injury or death of the service animal shall be subject to advil penalty not to exceed one thousand dollars in addition to any other applicable 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 handier and service animal to danger or resulting in injury or death of ttae 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 4. The handier of the service animal incapadtat~d, injured or killed shall have the right to pursue any and all dvil 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 ttae temporary or Permanent loss of the service animal. § 124. Powers of commissioner. The commissioner is hereby authorized to: (a) promulgate, after public hearing, such rules and regulations as Article 7 AGM 01/11 are necessary to supplement and give full effect to the provisions of sections one hundred thirteen, one hundred fourteen and one hundred seventeen of this article; and Co) exercise aH othe~ powers and functions as are necessary to carry out the duties and purposes set forth in sections one hundred ~ one hundred fourteen and one hundred sevent~m of this artide.