S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8462--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2025
                                ___________
 
 Introduced  by  M.  of A. RAJKUMAR, EPSTEIN -- read once and referred to
   the Committee on Agriculture -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the agriculture and markets law, in relation to creating
   the offenses of negligent handling of a dog and reckless handling of a
   dog,  and to amend the administrative code of the city of New York, in
   relation to codifying the requirement  that  dogs  be  restrained  and
   requiring  signage  at  all  parks that dogs must be restrained unless
   otherwise noted
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Penny's law".
   § 2. The agriculture and markets law is amended  by  adding  five  new
 sections 123-c, 123-d, 123-e, 123-f, and 123-g to read as follows:
   §  123-C. NEGLIGENT HANDLING OF A DOG. 1. A PERSON IS GUILTY OF NEGLI-
 GENT HANDLING OF A DOG IF SUCH  PERSON,  ON  THREE  OR  MORE  OCCASIONS,
 VIOLATES  ANY  LOCAL  LAW,  RULE, OR REGULATION 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.
   2. 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.
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11967-04-5
 A. 8462--A                          2
              

 
   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.  (A) IT SHALL BE AN AFFIRMATIVE DEFENSE THAT (I) 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 (II)  THE  CONDUCT
 OF  THE  DOG WAS JUSTIFIED UNDER SUBDIVISION FOUR OF SECTION ONE HUNDRED
 TWENTY-THREE OF THIS ARTICLE.
   (B) UPON A SECOND ATTACK BY THE SAME DOG, REGARDLESS  OF  HANDLER,  IN
 VIOLATION OF THIS SECTION, SUCH DOG SHALL BE DECLARED A DANGEROUS DOG AS
 DEFINED BY 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  (I)  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 (II) 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
 PERSON HANDLING SUCH DOG INSTRUCTS SUCH DOG BY  VERBAL  COMMAND,  BODILY
 GESTURE,  OR OTHER COMMAND TO INJURE A PERSON, CAT, OR OTHER DOG 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.
   §  123-G.  LEAVING  THE  SCENE  OF INJURY TO COMPANION ANIMALS WITHOUT
 REPORTING. ANY PERSON WHO COMMITS A VIOLATION  OF  SECTION  ONE  HUNDRED
 A. 8462--A                          3
 
 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, 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 resulting from an attack  by  such
 dangerous dog.
   § 4. Subdivisions 6, 7, 8, and 9 of section 123 of the agriculture and
 markets law, such section as renumbered by section 18 of part T of chap-
 ter  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:
   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
 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
 A. 8462--A                          4

 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 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-
 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
 A. 8462--A                          5
 
 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.
   §  7.  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.
   §  8.  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.
   § 9. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law;  provided, however, that section seven of this act
 shall take effect one year after it shall have become a law.