Section 17-342
§ 17-342 Definitions. Whenever used in this subchapter, the following
terms shall be defined as follows:
a. "Person" means any individual, partnership, firm, joint stock
company, corporation or employee thereof, or other legal entity, unless
otherwise stated.
b. "Owner" means any person possessing, harboring, keeping, having an
interest in, or having control or custody of a dog.
c. "Dangerous dog" means (1) any dog that when unprovoked, approaches,
or menaces any person in a dangerous or terrorizing manner, or in an
apparent attitude of attack, upon the streets, sidewalks, or any public
grounds or places; or (2) any dog with a known propensity, tendency or
disposition to attack when unprovoked, to cause injury or to otherwise
endanger the safety of human beings or domestic animals; or (3) any dog
which bites, inflicts injury, assaults or otherwise attacks a human
being or domestic animal without provocation on public or private
property; or (4) any dog owned or harbored primarily or in part for the
purpose of dog fighting or any dog trained for dog fighting.
d. "Severe injury" means any physical injury that results in broken
bones or disfiguring lacerations requiring either multiple stitches or
cosmetic surgery.
e. "Unprovoked" means that the dog was not hit, kicked, taunted or
struck by a person with any object or part of a person's body nor was
any part of the dog's body pulled, pinched or squeezed by a person.
Section 17-343
§ 17-343 Acquisition of a dangerous dog prohibited. a. No person shall
own or harbor any dog for the purpose of dog fighting, or train,
torment, badger, bait or use any dog for the purpose causing or
encouraging said dog to attack human beings or domestic animals when not
provoked.
b. No person shall sell, offer for sale, breed, buy or attempt to buy
any dangerous dog within the city of New York.
Section 17-344
§ 17-344 Humane destruction. The commissioner may order the humane
destruction of any dog that kills or causes severe injury to a human
being.
Section 17-345
§ 17-345 Determination of a dangerous dog. The commissioner shall have
the authority to make a determination that a dog is dangerous, as
defined in subdivision (c) of section 17-342, upon the complaint of any
person that a dog is dangerous. The commissioner shall make such
determination after a hearing, written notice of which shall be given to
the complainant and to the owner of the dog, within fifteen days after
seizure when seizure of the dog has been ordered by the department,
where the owner's address can be reasonably ascertained by the
commissioner. The hearing shall be held no less than ten days nor more
than twenty days after such notice is mailed to the owner of the dog. At
such hearing all interested persons shall have the opportunity to
present evidence on the issue of the dog's dangerousness. In the event
that the dog in question has caused severe injury to any person, the
commissioner may impound the dog, at the owner's expense, pending the
hearing and determination of the complaint. If, after the hearing, the
commissioner determines that the dog is dangerous, he or she may order
the owner to comply with one or more of the following requirements, in
any combination thereof:
a. Registration. The commissioner may order the owner of a dangerous
dog to register such dog with the department. The application for such
registration shall contain the name and address of the owner, the breed,
age, sex, color, and any other identifying marks of the dog, the
location where the dog is to be kept if not at the address of the owner
and any other information which the commissioner may require. The
application for registration pursuant to this paragraph shall be
accompanied by a registration fee of twenty-five dollars. Each dog
registered pursuant hereto shall be assigned an official registration
number by the department. Such registration number shall be inscribed on
a metal tag which shall be attached to the dog's collar at all times.
The tag and a certificate of registration shall be of such form and
design and shall contain such information as the commissioner shall
prescribe and shall be issued to the owner upon payment of the
registration fee and the presentment of sufficient evidence that the
owner has complied with all of the orders of the commissioner as
prescribed at the determination hearing.
b. Muzzling or confinement. The commissioner may order the owner of a
dangerous dog to muzzle the dog or confine the dog, at all times,
indoors or in a proper enclosure for a dangerous dog which shall consist
of a securely enclosed and locked pen or structure, suitable to prevent
the entry of young children, or any part of their bodies or other
foreign objects, and designed to prevent the animal from escaping. Such
pen or structure shall have secure sides and prevent the dog from
digging his way out through the bottom. The pen or structure shall also
provide the dog with protection from the elements. The owner shall also
conspicuously display a sign designed with a warning symbol approved by
the commissioner which indicates to both children and adults the
presence of a dangerous dog, on the pen or structure and on or near the
entrance to the residence where the dog is kept. At any time that the
dog is not confined as required herein, the dog shall be muzzled in such
a manner as to prevent it from biting or injuring any person, and kept
on a leash no longer than six feet with the owner or some other
responsible person attending such dog.
c. Liability insurance. The commissioner may order the owner of a
dangerous dog to maintain, in full force and effect, a liability
insurance policy of one hundred thousand dollars for personal injury or
death of any person, resulting from an attack of such dangerous dog.
d. Humane destruction. The commissioner may order the humane
destruction of any dog that kills or causes severe injury to a human
being, based upon the severity of the injury and the circumstances of
the injury.
e. Other remedies. The commissioner may order (i) that the dog be
permanently removed from the city; or (ii) that the owner and the dog
complete a course of obedience and/or anti-bite training approved by the
commissioner.
In the event that the owner or keeper of the dangerous dog is a minor,
the parent or guardian or such minor shall be liable for all injuries
and property damage sustained by any person or domestic animal caused by
an unprovoked attack by such dangerous dog.
Section 17-346
§ 17-346 Confiscation and/or confinement of a dangerous dog. a. In the
event that the owner of a dangerous dog violates any order of the
commissioner as prescribed at the determination hearing, such owner's
dog may be confiscated and impounded by the proper authorities upon the
order of the commissioner. In addition, any dog determined to be
dangerous shall be immediately confiscated by the proper authorities if
the dog bites or attacks a human being and causes injury, or if the dog,
at the sufferance of its owner, is engaged in or apparently engaged in a
dog fight contest or is proximately near the area in which such a
contest is being conducted.
b. The owner of a dog determined to be dangerous by the commissioner,
which has been confiscated pursuant to subdivision (a) of this section,
may request the commissioner to conduct a hearing to determine if the
dog should be returned to the owner. Upon such request, the commissioner
shall provide for a hearing within five days.
Section 17-347
§ 17-347 Excused behavior. No dog shall be declared dangerous pursuant
to § 17-345 if the threat, injury, or damage caused by such dog was
sustained by a person who, at the time, was committing a willful
trespass or other tort upon the premises occupied by the owner of the
dog, or was tormenting, abusing, or assaulting the dog, or has, in the
past, been observed or reported to have tormented, abused or assaulted
the dog, or was committing or attempting to commit a crime. Nor shall
any dog be declared dangerous if it was responding to pain or injury, or
was protecting itself, its kennels, or its offspring. If the trespass is
determined to be of an innocent nature, the commissioner may, depending
on the circumstances, and in accordance with the procedures set forth in
section 17-345, find the dog to be dangerous.
Section 17-348
§ 17-348 Regulations. The commissioner, within ninety days of the
effective date of this subchapter and with the advice of the advisory
board hereinafter established, shall promulgate such regulations as are
necessary to carry out the provisions of this subchapter and to promote
the health, safety and well-being of the public.
Section 17-349
§ 17-349 Dangerous dog advisory board. a. In the department, there
shall be a dangerous dog advisory board consisting of the commissioner,
or his or her designee, and five members, two of whom shall be appointed
by the mayor and three of whom shall be appointed by the speaker of the
city council. The membership of such board shall include two
veterinarians, a certified animal trainer in possession of a valid
permit and certificate issued by the commissioner pursuant to § 161.09
(a) and (h) of the New York city health code, a representative of a
recognized humane society, such as the American Society for the
Prevention of Cruelty to Animals, or similar organization, and a member
of the public.
b. Each member of the advisory board, other than the commissioner, or
his or her designee, shall serve for a term of three years, without
compensation.
c. The board shall be appointed and meet within one month of the
effective date of this subchapter.
d. The board shall make recommendations to the commissioner on
regulations necessary to carry out the provisions of this subchapter and
to promote the health, safety and welfare of the public, and of
dangerous dogs.
e. The board shall meet at least once every four months to assess the
regulations promulgated by the commissioner and to make further
recommendations on regulations necessary to carry out the provisions of
this subchapter. A written report describing its activities and plans
shall be issued to the commissioner by the board one year after the
effective date of the local law and each year thereafter.
Section 17-350
§ 17-350 Violations and penalties. a. Any person who violates any
provision of this subchapter or any of the regulations promulgated
hereunder shall be guilty of a misdemeanor punishable by a fine of not
less than five hundred nor more than five thousand dollars or by
imprisonment for not more than one year, or both.
b. In addition to the penalties prescribed by subdivision a of this
section, any person who violates any of the provisions of this
subchapter or any rule or regulation promulgated hereunder shall be
liable for a civil penalty of not less than five hundred nor more than
five thousand dollars.
c. Any fine or penalty assessed pursuant to this section 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.
Section 17-351
§ 17-351 Enforcement. Authorized officers, veterinarians and employees
of the department, and of the police department, and any other persons
designated by the commissioner, shall be empowered to enforce the
provisions of this subchapter or any rule or regulation promulgated
hereunder.
Section 17-352
§ 17-352 Construction. The provisions of this subchapter shall not be
construed to prohibit the department, the American Society for the
Prevention of Cruelty to Animals or any law enforcement officer from
enforcing any other law, rule or regulation regarding the humane
treatment of animals.
Section 17-353
§ 17-353 Exemptions. The provisions of this subchapter shall not apply
to any federal, state or city law enforcement agency.
Section 17-354
§ 17-354 Severability. If any provision of this subchapter is adjudged
invalid by any court of competent jurisdiction, such judgment shall not
affect or impair the validity of the remainder of this subchapter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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