§ 123-D. RECKLESS HANDLING OF A DOG IN THE THIRD DEGREE. 1. A PERSON
IS GUILTY OF RECKLESS HANDLING OF A DOG IN THE THIRD DEGREE IF SUCH
PERSON HANDLING A DOG ALLOWS SUCH DOG TO INJURE A PERSON, CAT, OR OTHER
DOG WITHOUT JUSTIFICATION.
2. THE RESPONDING POLICE OFFICER SHALL PROVIDE THE VICTIM OR OWNER OF
THE VICTIMIZED CAT OR DOG WRITTEN NOTICE OF THEIR RIGHT TO MAKE A
DANGEROUS DOG COMPLAINT PURSUANT TO SECTION ONE HUNDRED TWENTY-THREE OF
THIS CHAPTER.
3. IT SHALL BE AN AFFIRMATIVE DEFENSE THAT (A) THE HANDLER WAS IN
COMPLIANCE WITH ALL LOCAL LAWS, RULES, AND REGULATIONS FOR RESTRAINING
AN ANIMAL AND THE HANDLER OF THE INJURED DOG OR CAT WAS NOT IN COMPLI-
ANCE WITH SUCH LOCAL LAWS, RULES, AND REGULATIONS; OR (B) THE CONDUCT OF
THE DOG WAS JUSTIFIED UNDER SUBDIVISION FOUR OF SECTION ONE HUNDRED
TWENTY-THREE OF THIS ARTICLE.
4. THE HANDLER OF THE ATTACKING DOG SHALL BE LIABLE FOR ALL MEDICAL OR
VETERINARY EXPENSES INCURRED BY THE VICTIM OR VICTIM-OWNER RELATING TO
THE ATTACK.
RECKLESS HANDLING OF A DOG IN THE THIRD DEGREE IS A VIOLATION.
§ 123-E. RECKLESS HANDLING OF A DOG IN THE SECOND DEGREE. 1. A PERSON
IS GUILTY OF RECKLESS HANDLING OF A DOG IN THE SECOND DEGREE IF SUCH
PERSON HANDLING A DOG ALLOWS SUCH DOG TO INJURE A PERSON, CAT, OR OTHER
DOG, REQUIRING HOSPITALIZATION OR RESULTING IN DEATH, INCLUDING MEDICAL-
LY-RECOMMENDED HUMANE EUTHANASIA OF AN ANIMAL.
2. ANY DOG IMPLICATED IN A VIOLATION OF THIS SECTION SHALL BE DECLARED
A DANGEROUS DOG PURSUANT TO SECTION ONE HUNDRED TWENTY-THREE OF THIS
ARTICLE.
3. IT SHALL BE AN AFFIRMATIVE DEFENSE THAT (A) THE HANDLER WAS IN
COMPLIANCE WITH ALL LOCAL LAWS, RULES, AND REGULATIONS FOR RESTRAINING
AN ANIMAL AND THE HANDLER OF THE INJURED DOG OR CAT WAS NOT IN COMPLI-
ANCE WITH SUCH LOCAL LAWS, RULES, AND REGULATIONS; OR (B) THE CONDUCT OF
THE DOG WAS JUSTIFIED UNDER SUBDIVISION FOUR OF SECTION ONE HUNDRED
TWENTY-THREE OF THIS ARTICLE.
4. THE HANDLER OF THE ATTACKING DOG SHALL BE LIABLE FOR ALL MEDICAL OR
VETERINARY EXPENSES INCURRED BY THE VICTIM OR VICTIM-OWNER RELATING TO
THE ATTACK.
5. NO PROVISION IN THIS SECTION SHALL APPLY TO LAW ENFORCEMENT DOGS.
RECKLESS HANDLING OF A DOG IN THE SECOND DEGREE IS A MISDEMEANOR.
§ 123-F. RECKLESS HANDLING OF A DOG IN THE FIRST DEGREE. 1. A PERSON
IS GUILTY OF RECKLESS HANDLING OF A DOG IN THE FIRST DEGREE IF SUCH DOG
INJURES OR KILLS A CAT OR ANOTHER DOG, OR INJURES A PERSON, UNDER THE
INSTRUCTION OF SUCH PERSON HANDLING THE DOG USING VERBAL COMMAND, BODILY
GESTURE, OR OTHER COMMAND WITHOUT THREAT OF IMMINENT DANGER.
2. ANY DOG IMPLICATED IN A VIOLATION OF THIS SECTION SHALL BE DECLARED
A DANGEROUS DOG PURSUANT TO SECTION ONE HUNDRED TWENTY-THREE OF THIS
ARTICLE.
3. A PERSON WHO COMMITS RECKLESS HANDLING OF A DOG IN THE FIRST DEGREE
SHALL HAVE ANY DOG UNDER SUCH PERSON'S CARE OR RESIDING IN SUCH PERSON'S
HOUSEHOLD SEIZED AND IMPOUNDED BY THE MUNICIPALITY. SUCH PERSON AS WELL
AS ANY PERSON RESIDING IN THE SAME HOUSEHOLD SHALL NOT BE ELIGIBLE FOR A
DOG LICENSE.
4. THE HANDLER OF THE ATTACKING DOG SHALL BE LIABLE FOR ALL MEDICAL OR
VETERINARY EXPENSES INCURRED BY THE VICTIM OR VICTIM-OWNER RELATING TO
THE ATTACK.
5. NO PROVISION IN THIS SECTION SHALL APPLY TO LAW ENFORCEMENT DOGS.
RECKLESS HANDLING OF A DOG IN THE FIRST DEGREE IS A MISDEMEANOR.
A. 8462--B 3
§ 123-G. LEAVING THE SCENE OF INJURY TO COMPANION ANIMALS WITHOUT
REPORTING. ANY PERSON WHO COMMITS A VIOLATION OF SECTION ONE HUNDRED
TWENTY-THREE-D, ONE HUNDRED TWENTY-THREE-E, OR ONE HUNDRED
TWENTY-THREE-F OF THIS ARTICLE AGAINST A COMPANION ANIMAL, AS DEFINED BY
SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS CHAPTER, AND IS
NOT THE CUSTODIAN OF SUCH ANIMAL WHICH WAS INJURED OR KILLED SHALL
ENDEAVOR TO LOCATE THE OWNER OR CUSTODIAN OF SUCH ANIMAL, OR, IF SUCH
OWNER OR CUSTODIAN CANNOT BE LOCATED, SUCH PERSON SHALL INFORM A POLICE
OR PEACE OFFICER IN THE VICINITY AND TAKE ANY OTHER REASONABLE AND
APPROPRIATE ACTION SO THAT THE ANIMAL MAY RECEIVE NECESSARY ATTENTION.
SUCH PERSON SHALL PROMPTLY REPORT THE MATTER TO SUCH OWNER, CUSTODIAN,
OR OFFICER AND GIVE SUCH PERSON'S FULL NAME AND ADDRESS, INCLUDING
STREET, STREET NUMBER, AND UNIT NUMBER, IF APPLICABLE.
LEAVING THE SCENE OF INJURY TO COMPANION ANIMALS WITHOUT REPORTING IS
A VIOLATION.
§ 3. Paragraph (e) of subdivision 2 of section 123 of the agriculture
and markets law, as amended by section 18 of part T of chapter 59 of the
laws of 2010, is amended to read as follows:
(e) maintenance of a liability insurance policy in an amount deter-
mined by the court[, but in no event in excess of one hundred thousand
dollars] for [personal] injury or death TO A PERSON OR COMPANION ANIMAL
resulting from an attack by such dangerous dog.
§ 4. The opening paragraph of subdivision 2 and subdivisions 6, 7, 8,
and 9 of section 123 of the agriculture and markets law, the opening
paragraph of subdivision 2 as amended and such section as renumbered by
section 18 of part T of chapter 59 of the laws of 2010, subdivisions 6
and 9 as amended by chapter 392 of the laws of 2004, and subdivisions 7
and 8 as amended by chapter 526 of the laws of 2005, are amended to read
as follows:
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. There-
upon, the judge or justice shall immediately determine if there is prob-
able 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 or her] THEIR 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 or she] THEY
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 peti-
tioner 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 AT A FACILITY ESTABLISHED BY OR UNDER CONTRACT
WITH THE MUNICIPALITY AT NO COST TO THE OWNER BEFORE THE DOG IS RETURNED
TO THE OWNER, 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:
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 hear-
ing dog causing physical injury] COMMITS A VIOLATION OF SECTION ONE
HUNDRED TWENTY-THREE-D OR ONE HUNDRED TWENTY-THREE-G OF THIS ARTICLE
A. 8462--B 4
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]
COMMITS A VIOLATION OF SECTION ONE HUNDRED TWENTY-THREE-E OF THIS ARTI-
CLE 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 OR THE OWNER OF AN ANIMAL
suffering serious physical injury as compensation for unreimbursed
medical OR VETERINARY expenses, lost earnings and other damages result-
ing 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,] COMMITS A VIOLATION OF SECTION ONE HUNDRED TWENTY-
THREE-F OF THIS ARTICLE shall be guilty of a misdemeanor punishable by a
fine of not more than three thousand dollars, or by a period of impri-
sonment 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 OR OWNER OF AN ANIMAL suffering serious
physical injury as compensation for unreimbursed medical OR VETERINARY
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] VIOLATE SECTION ONE HUNDRED TWENTY-
THREE-D, ONE HUNDRED TWENTY-THREE-E, OR ONE HUNDRED TWENTY-THREE-F OF
THIS ARTICLE, regardless of whether such dog escapes without fault of
the owner, the owner shall be guilty of a class A misdemeanor in addi-
tion to any other penalties.
§ 5. Section 123 of the agriculture and markets law is amended by
adding a new subdivision 15 to read as follows:
15. (A) IN ANY PROCEEDING BROUGHT PURSUANT TO THIS SECTION, EXCEPT FOR
SUBDIVISIONS EIGHT AND NINE OF THIS SECTION, THE JUDGE OR JUSTICE MAY,
IN THEIR DISCRETION, SUSPEND THE DEFENDANT'S ELIGIBILITY TO OBTAIN A DOG
LICENSE, PURSUANT TO SECTION ONE HUNDRED NINE OF THIS ARTICLE, FOR A SET
OR INDEFINITE PERIOD OF TIME, AND REVOKE ANY EXISTING LICENSE. SUCH
ELIGIBILITY SHALL BE REINSTATED IF SUCH DEFENDANT IS FOUND NOT LIABLE OR
THE CASE IS DISMISSED.
(B) IN ANY PROCEEDING BROUGHT PURSUANT TO SUBDIVISIONS EIGHT OR NINE
OF THIS SECTION, SUCH DEFENDANT AND ANY MEMBER OF SUCH DEFENDANT'S
HOUSEHOLD, WHILE RESIDING IN SUCH HOUSEHOLD, SHALL BE IMMEDIATELY
RENDERED INELIGIBLE FOR A DOG LICENSE INDEFINITELY, AND ANY EXISTING
LICENSE SHALL BE REVOKED.
(C) ANY DOG SEIZED PURSUANT TO THIS SUBDIVISION SHALL BE RETAINED BY
THE MUNICIPALITY AND SHALL NOT BE EUTHANIZED OR ADOPTED UNTIL DISPENSA-
TION OF THE PROCEEDING AND ALL APPEALS, IF APPLICABLE. UPON DISMISSAL OF
THE CASE OR UPON A JUDGE OR JUSTICE'S ORDER, ANY DOG SEIZED PURSUANT TO
THIS SUBDIVISION SHALL BE RETURNED TO ITS OWNER UPON REINSTATEMENT OF
SUCH OWNER'S DOG LICENSE.
§ 6. The administrative code of the city of New York is amended by
adding five new sections 17-349, 17-349-a, 17-349-b, 17-349-c and
17-349-d to read as follows:
A. 8462--B 5
§ 17-349 NEGLIGENT HANDLING OF A DOG. A. A PERSON IS GUILTY OF NEGLI-
GENT HANDLING OF A DOG IF SUCH PERSON, ON THREE OR MORE OCCASIONS,
VIOLATES SECTION 17-820 OF THIS TITLE REGARDING THE RUNNING AT LARGE OF
A DOG OUTSIDE OF DESIGNATED AREAS. RECORDS OF SUCH VIOLATIONS SHALL RUN
WITH THE PERSON HANDLING THE DOG, REGARDLESS OF IF DIFFERENT DOGS ARE
INVOLVED. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALLOWING MULTIPLE
DOGS RUNNING AT LARGE IN VIOLATION OF A LOCAL LAW, RULE, OR REGULATION
AT THE SAME TIME SHALL BE CONSIDERED ONE VIOLATION.
B. NO PROVISION IN THIS SECTION SHALL APPLY TO LAW ENFORCEMENT DOGS
WHEN A LEASH OR TETHER WOULD INTERFERE WITH THE DOG'S WORK.
NEGLIGENT HANDLING OF A DOG IS A VIOLATION.
§ 17-349-A RECKLESS HANDLING OF A DOG IN THE THIRD DEGREE. A. A PERSON
IS GUILTY OF RECKLESS HANDLING OF A DOG IN THE THIRD DEGREE IF SUCH
PERSON HANDLING A DOG ALLOWS SUCH DOG TO INJURE A PERSON, CAT, OR OTHER
DOG UNLESS SUCH BEHAVIOR WAS EXCUSED PURSUANT TO SECTION 17-347 OF THIS
SUBCHAPTER.
B. THE RESPONDING POLICE OFFICER SHALL PROVIDE THE VICTIM OR OWNER OF
THE VICTIMIZED CAT OR DOG WRITTEN NOTICE OF THEIR RIGHT TO MAKE A
DANGEROUS DOG COMPLAINT PURSUANT TO THIS TITLE.
C. IT SHALL BE AN AFFIRMATIVE DEFENSE THAT (1) THE HANDLER WAS IN
COMPLIANCE WITH SECTION 17-820 OF THIS TITLE AND THE HANDLER OF THE
INJURED DOG OR CAT WAS NOT IN COMPLIANCE WITH SUCH SECTION; OR (2) THE
CONDUCT OF THE DOG WAS EXCUSED BEHAVIOR UNDER SECTION 17-347 OF THIS
SUBCHAPTER.
D. THE HANDLER OF THE ATTACKING DOG SHALL BE LIABLE FOR ALL MEDICAL OR
VETERINARY EXPENSES INCURRED BY THE VICTIM OR VICTIM-OWNER RELATING TO
THE ATTACK.
RECKLESS HANDLING OF A DOG IN THE THIRD DEGREE IS A VIOLATION.
§ 17-349-B RECKLESS HANDLING OF A DOG IN THE SECOND DEGREE. A. A
PERSON IS GUILTY OF RECKLESS HANDLING OF A DOG IN THE SECOND DEGREE IF
SUCH PERSON HANDLING A DOG ALLOWS SUCH DOG TO INJURE A PERSON, CAT, OR
OTHER DOG, REQUIRING HOSPITALIZATION OR RESULTING IN DEATH, INCLUDING
MEDICALLY-RECOMMENDED HUMANE EUTHANASIA OF AN ANIMAL.
B. ANY DOG IMPLICATED IN A VIOLATION OF THIS SECTION SHALL BE DECLARED
A DANGEROUS DOG PURSUANT TO THIS SUBCHAPTER.
C. IT SHALL BE AN AFFIRMATIVE DEFENSE THAT (1) THE HANDLER WAS IN
COMPLIANCE WITH SECTION 17-820 OF THIS TITLE RELATING TO RESTRAINING AN
ANIMAL AND THE HANDLER OF THE INJURED DOG OR CAT WAS NOT IN COMPLIANCE
WITH SUCH SECTION; OR (2) THE CONDUCT OF THE DOG WAS EXCUSED BEHAVIOR
UNDER SECTION 17-347 OF THIS SUBCHAPTER.
D. THE HANDLER OF THE ATTACKING DOG SHALL BE LIABLE FOR ALL MEDICAL OR
VETERINARY EXPENSES INCURRED BY THE VICTIM OR VICTIM-OWNER RELATING TO
THE ATTACK.
E. NO PROVISION IN THIS SECTION SHALL APPLY TO LAW ENFORCEMENT DOGS.
RECKLESS HANDLING OF A DOG IN THE SECOND DEGREE IS A MISDEMEANOR.
§ 17-349-C RECKLESS HANDLING OF A DOG IN THE FIRST DEGREE. A. A PERSON
IS GUILTY OF RECKLESS HANDLING OF A DOG IN THE FIRST DEGREE IF SUCH DOG
INJURES OR KILLS A CAT OR ANOTHER DOG, OR INJURES A PERSON UNDER THE
INSTRUCTION OF SUCH PERSON HANDLING THE DOG USING VERBAL COMMAND, BODILY
GESTURE, OR OTHER COMMAND WITHOUT THREAT OF IMMINENT DANGER.
B. ANY DOG IMPLICATED IN A VIOLATION OF THIS SECTION SHALL BE DECLARED
A DANGEROUS DOG PURSUANT TO THIS SUBCHAPTER.
C. A PERSON WHO COMMITS RECKLESS HANDLING OF A DOG IN THE FIRST DEGREE
SHALL HAVE ANY DOG UNDER SUCH PERSON'S CARE OR RESIDING IN SUCH PERSON'S
HOUSEHOLD SEIZED AND IMPOUNDED BY THE DEPARTMENT OR A POLICE OFFICER.
A. 8462--B 6
SUCH PERSON AS WELL AS ANY PERSON RESIDING IN THE SAME HOUSEHOLD SHALL
NOT BE ELIGIBLE FOR A DOG LICENSE.
D. THE HANDLER OF THE ATTACKING DOG SHALL BE LIABLE FOR ALL MEDICAL OR
VETERINARY EXPENSES INCURRED BY THE VICTIM OR VICTIM-OWNER RELATING TO
THE ATTACK.
E. NO PROVISION IN THIS SECTION SHALL APPLY TO LAW ENFORCEMENT DOGS.
RECKLESS HANDLING OF A DOG IN THE FIRST DEGREE IS A MISDEMEANOR.
§ 17-349-D LEAVING THE SCENE OF INJURY TO COMPANION ANIMALS WITHOUT
REPORTING. ANY PERSON WHO COMMITS A VIOLATION OF SECTION 17-349,
17-349-A, 17-349-B OR 17-349-C OF THIS SUBCHAPTER AGAINST A COMPANION
ANIMAL, AS DEFINED BY SECTION 17-802 OF THIS TITLE, AND IS NOT THE
CUSTODIAN OF SUCH ANIMAL WHICH WAS INJURED OR KILLED SHALL ENDEAVOR TO
LOCATE THE OWNER OR CUSTODIAN OF SUCH ANIMAL, OR, IF SUCH OWNER OR
CUSTODIAN CANNOT BE LOCATED, SUCH PERSON SHALL INFORM A POLICE OR PEACE
OFFICER IN THE VICINITY AND TAKE ANY OTHER REASONABLE AND APPROPRIATE
ACTION SO THAT THE ANIMAL MAY RECEIVE NECESSARY ATTENTION. SUCH PERSON
SHALL PROMPTLY REPORT THE MATTER TO SUCH OWNER, CUSTODIAN, OR OFFICER
AND GIVE SUCH PERSON'S FULL NAME AND ADDRESS, INCLUDING STREET, STREET
NUMBER, AND UNIT NUMBER, IF APPLICABLE.
LEAVING THE SCENE OF INJURY TO COMPANION ANIMALS WITHOUT REPORTING IS
A VIOLATION.
§ 7. Section 17-344 of the administrative code of the city of New
York, as added by local law number 2 of the city of New York for the
year 1991, is amended to read as follows:
§ 17-344 Humane destruction. The commissioner may order the humane
destruction of any dog that kills or causes severe injury to a human
being OR COMPANION ANIMAL.
§ 8. The administrative code of the city of New York is amended by
adding a new section 14-167-a to read as follows:
§ 14-167-A REPORTS OF DOG RELATED INCIDENTS. AN EMPLOYEE OF THE
DEPARTMENT SHALL PREPARE A REPORT RELATING TO THE FACTS OF AN INCIDENT
OF A DOG ATTACK OF A HUMAN BEING OR COMPANION ANIMAL IN VIOLATION OF
SECTION 17-820 OF THIS CHAPTER OR ANY PROVISION OF SUBCHAPTER SIX OF
CHAPTER 3 OF TITLE SEVENTEEN OF THIS CHAPTER, AND SHALL MAKE A COPY OF
SUCH REPORT AVAILABLE TO AN INDIVIDUAL NAMED IN SUCH REPORT.
§ 9. The administrative code of the city of New York is amended by
adding a new section 17-820 to read as follows:
§ 17-820 DOGS TO BE RESTRAINED. A. EXCEPT AS SPECIFIED IN SUBDIVISION
B OF THIS SECTION, A PERSON WHO OWNS, POSSESSES OR CONTROLS A DOG SHALL
NOT PERMIT IT TO BE IN ANY PUBLIC PLACE OR IN ANY OPEN OR UNFENCED AREA
ABUTTING ON A PUBLIC PLACE UNLESS THE DOG IS EFFECTIVELY RESTRAINED BY A
LEASH OR OTHER RESTRAINT NOT MORE THAN SIX FEET LONG.
B. 1. DOGS WITHIN AREAS AND FACILITIES UNDER THE JURISDICTION AND
CONTROL OF THE DEPARTMENT OF PARKS AND RECREATION ("DOPR"), OR SUCCESSOR
AGENCY, SHALL BE RESTRAINED EXCEPT AS OTHERWISE PERMITTED IN ACCORDANCE
WITH THE RULES OF THE DOPR. SUCH RULES SHALL INCLUDE PROVISIONS THAT
PROHIBIT UNRESTRAINED DOGS IN UNENCLOSED DOPR CONTROLLED AREAS AND
FACILITIES EXCEPT DURING A SPECIFIED RANGE OF TIME, THAT SHALL NOT BEGIN
EARLIER THAN NINE O'CLOCK PM AND NOT EXTEND PAST NINE O'CLOCK AM. SUCH
RULES SHALL ALSO SPECIFY THAT PERSONS IN CONTROL OF DOGS ALLOWED TO BE
OFF THE LEASH IN SUCH AREAS AND FACILITIES MAINTAIN AND PROVIDE, ON
DEMAND, PROOF OF CURRENT DOG LICENSURE AND CURRENT RABIES VACCINATION
WHEN DOGS ARE ALLOWED TO BE OFF THE LEASH. IN ADDITION, DOPR SHALL MAKE
AVAILABLE TO THE PUBLIC, IN A MANNER ACCEPTABLE TO THE DEPARTMENT,
INFORMATION CONCERNING RABIES VACCINATION AND DOG LICENSURE REQUIRE-
A. 8462--B 7
MENTS, AND THE SPECIFIC LOCATIONS WHERE AND TIMES WHEN DOGS MAY BE
ALLOWED OFF THE LEASH IN DOPR AREAS AND FACILITIES.
2. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION, THE DEPARTMENT MAY, BASED ON EPIDEMIOLOGIC EVIDENCE INDICATING AN
INCREASE IN PREVENTABLE OFF LEASH DOG BITES DURING OFF LEASH HOURS IN
AREAS OPEN TO OFF LEASH USE, OR A RISK OF ZOONOTIC DISEASE TRANSMISSION,
LIMIT OR ELIMINATE THE USE OF OR ACCESS TO SPECIFIC AREAS OR FACILITIES,
OR PARTS THEREOF, UNDER DOPR JURISDICTION, BY UNRESTRAINED DOGS.
C. NOTICES OF VIOLATION FOR FAILURE TO COMPLY WITH SUBDIVISION A OF
THIS SECTION MAY BE ISSUED BY ANY AUTHORIZED EMPLOYEE, OFFICER OR AGENT
OF THE DEPARTMENT, THE DEPARTMENT OF SANITATION, THE DEPARTMENT OF PARKS
AND RECREATION, OR SUCCESSOR AGENCIES, OR BY SPECIAL PATROL OFFICERS WHO
HAVE BEEN DELEGATED SUCH DUTIES BY THEIR EMPLOYERS.
§ 10. Section 17-345 of the administrative code of the city of New
York, as added by local law number 2 of the city of New York for the
year 1991, is amended to read as follows:
§ 17-345 Determination of a dangerous dog. The commissioner shall
[have the authority] BE RESPONSIBLE to make a determination that a dog
is dangerous, as defined in subdivision [(c)] C of section 17-342 OF
THIS SUBCHAPTER, upon the complaint of any person that a dog is danger-
ous. 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 OR COMPANION ANIMAL, the commissioner [may] SHALL
impound the dog, [at the owner's expense] AND CHARGE REASONABLE FEES TO
THE OWNER, pending the hearing and determination of the complaint. If,
after the hearing, the commissioner determines that the dog is danger-
ous, [he or she] THE COMMISSIONER 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 appli-
cation for registration pursuant to this paragraph shall be accompanied
by a registration fee of twenty-five dollars. Each dog registered pursu-
ant 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.
A-1. UPON A DETERMINATION OF A DANGEROUS DOG THE COMMISSIONER SHALL
PROVIDE NOTICE THROUGH ELECTRONIC AND WRITTEN MEANS TO THE COUNCIL
MEMBER, THE STATE SENATOR, THE MEMBER OF THE ASSEMBLY, AND THE COMMUNITY
BOARD THAT REPRESENTS THE RESPECTIVE DISTRICT IN WHICH THE OWNER OF THE
A. 8462--B 8
DANGEROUS DOG RESIDES, AS WELL AS ANY IN WHICH THE DANGEROUS DOG IS
KNOWN TO FREQUENT. SUCH NOTIFICATION SHALL CONTAIN SPECIFIC INFORMATION
TO PERMIT THE PUBLIC TO IDENTIFY THE OWNER AND THE DOG DETERMINED TO BE
DANGEROUS, INCLUDING PHOTOGRAPHS AND ANY INFORMATION WHICH WOULD DISTIN-
GUISH THE DANGEROUS DOG AND/OR ITS OWNER.
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] THEIR 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 insur-
ance policy [of one hundred thousand dollars] for [personal] injury or
death of any person OR COMPANION ANIMAL, 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; OR (III) THAT CUSTODY OF THE DOG BE TRANSFERRED TO ANOTHER
INDIVIDUAL, INCLUDING AN INDIVIDUAL WHO RESIDES IN ANOTHER JURISDICTION,
UPON THE CONSENT OF SUCH INDIVIDUAL. WHERE AN OWNER OF A DANGEROUS DOG
OWNS MORE THAN ONE DOG, THE COMMISSIONER MAY ORDER THAT CUSTODY OF SUCH
DOGS MAY BE TRANSFERRED TO SEPARATE INDIVIDUALS.
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.
§ 11. Subdivision a of section 17-346 of the administrative code of
the city of New York, as added by local law number 2 of the city of New
York for the year 1991, is amended to read as follows:
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] SHALL 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 prop-
er authorities if the dog bites or attacks a human being OR COMPANION
ANIMAL 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 proxi-
mately near the area in which such a contest is being conducted.
A. 8462--B 9
§ 12. Section 17-351 of the administrative code of the city of New
York, as added by local law number 2 of the city of New York for the
year 1991, is amended to read as follows:
§ 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. EMPLOYEES OF THE POLICE DEPARTMENT SHALL ACCEPT A CRIMINAL
COMPLAINT OF A VIOLATION OF THIS SUBCHAPTER AND ASSIST IN THE FILING OF
A DANGEROUS DOG COMPLAINT.
§ 13. Subdivision a of section 14-182 of the administrative code of
the city of New York, as added by local law number 205 of the city of
New York for the year 2019, is amended to read as follows:
a. For the purposes of this section, the term "animal cruelty" means a
violation of sections 17-197 [or], 17-330, 17-349, 17-349-A, 17-349-B,
17-349-C OR 17-349-D OF THIS CODE or of any of the provisions of article
[26] TWENTY-SIX of the agriculture and markets law.
§ 14. The administrative code of the city of New York is amended by
adding a new section 18-166 to read as follows:
§ 18-166 REQUIRING SIGNAGE TO KEEP DOGS RESTRAINED. A. THE DEPARTMENT
SHALL PLACE AT ALL ENTRANCES TO ALL PARKS OPERATED BY OR UNDER THE
JURISDICTION OF THE DEPARTMENT, INCLUDING THOSE FOR WHICH THE DEPARTMENT
HAS AN AGREEMENT WITH A CONSERVANCY OR OTHER NOT-FOR-PROFIT ORGANIZATION
WITH RESPECT TO OPERATION OF ANY ASPECT OF A PLAYGROUND A SIGN READING,
"NO DOGS OFF LEASH ANYWHERE IN THE PARK AT ANY TIME UNLESS OTHERWISE
NOTED. VIOLATORS MAY BE SUBJECT TO FINE OR ARREST."
B. SUCH SIGNS SHALL BE PLACED AT ALL ENTRANCES OF ALL PARKS WHERE
PRESENTLY THERE IS NOT A SIGN REQUIRING DOGS TO BE RESTRAINED AT ALL
ENTRANCES. SUCH SIGNS SHALL ALSO BE PLACED AT THE ENTRANCES TO ALL OTHER
PARKS UPON REPLACEMENT OF A SIGN REQUIRING DOGS TO BE RESTRAINED IN ANY
SUCH PARK. ALL SIGNS SHALL BE SECURELY AFFIXED AT SUCH ENTRANCES. ALL
SIGNS SHALL BE IN ENGLISH AND, WHERE APPROPRIATE, ADDITIONAL LANGUAGES.
FOR PURPOSES OF THIS SECTION, "SECURELY AFFIXED" SHALL MEAN THAT AT A
MINIMUM THE SIGNS SHALL BE TETHERED TO NOT LESS THAN TWO STATIONARY
FIXTURES.
C. THERE SHALL BE AT LEAST ONE SIGN AT ANY UNENCLOSED, UNPAVED PARK
SPACE THAT IS ONE TENTH OF AN ACRE IN AREA OR LARGER STATING
RESTRICTIONS ON OFF LEASH DOGS, INCLUDING ANY HOURS THAT DOGS ARE
PERMITTED OFF LEASH, AND INCLUDE INFORMATION FOR REPORTING AN OFF LEASH
DOG. SUCH A SIGN SHALL ALSO BE DISPLAYED AT THE HEAD OF ANY UNPAVED
TRAIL LEADING TO AN UNENCLOSED SPACE. ANY UNENCLOSED, UNPAVED AREA ONE
HALF OF AN ACRE IN AREA OR LARGER MUST HAVE AT LEAST ONE SIGN FOR EVERY
ONE HALF OF AN ACRE, SPACED AT LEAST TEN FEET APART. ANY ENCLOSED AREA
DESIGNATED AS A DOG RUN SHALL DISPLAY A SIGN AT EACH ENTRANCE NOTING OFF
LEASH HOURS.
§ 15. Severability. If any section, subsection, sentence, clause,
phrase or other portion of this local law is, for any reason, declared
unconstitutional or invalid, in whole or in part, by any court of compe-
tent jurisdiction such portion shall be deemed severable, and such
unconstitutionality or invalidity shall not affect the validity of the
remaining portions of this law, which remaining portions shall continue
in full force and effect.
§ 16. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that section fourteen of this act
shall take effect one year after it shall have become a law.