[Adopted 11-5-2015 by L.L. No. 13-2015]
The Town Board has determined that the regulation and control of "dangerous dogs" is a matter of grave concern and that these dogs pose a serious danger to the health, safety, morals and general welfare of the Town of Bedford residents and their real and personal property. It is the intent of the Town Board in the enactment of this article to impose restrictions on owners of "dangerous dogs" in addition to those penalties provided by the New York State Agriculture and Markets Law and Chapter 48, Article I, of the Town of Bedford Town Code to safeguard public health and protect public and private property and generally maintain peace and good order within the Town of Bedford.
As used in this article, the following terms shall have the meanings indicated:
DANGEROUS DOG
A. 
Any dog which without justification attacks a person and causes physical injury or death or poses a serious and unjustified imminent threat of harm to one or more persons; or any dog which without justification attacks a companion, farm or domestic animal and causes physical injury or death or poses a serious and unjustified imminent threat of harm to one or more companion, farm or domestic animals; or any dog which without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death; or any dog which has previously been determined to be a "dangerous dog" in accordance with Article VII of the New York State Agriculture and Markets Law.
B. 
Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals, or which behaves in a manner which poses a threat of serious bodily injury or death to any person or any domestic animal or which has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attack upon persons or domestic animals is hereby presumed to be a dangerous dog for the purposes of this section, until further determination of facts are made as hereinafter provided.
C. 
A dangerous dog does not include a police work dog, which acts in the manner described in this definition while such police work dog is being used to assist one or more law enforcement officers in the performance of their official duties. For the purposes of this exception, a "police work dog" means any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
D. 
The Dog Control Officer shall provide the Town Clerk with a list of dogs determined to be "dangerous" under this chapter or under Article VII of the New York State Agriculture and Markets Law.
A. 
Any person may make a complaint of an attack, chasing or harassment upon a person or of an attack, chasing or harassment of a companion, farm or domestic animal or service, guide or hearing dog to the Town of Bedford Dog Control Officer and/or to an officer of the Town of Bedford Police Department. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection B of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself.
B. 
Any person may, and any Dog Control Officer as provided in Subsection A hereof shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack, chasing or harassment. Thereupon, the judge or justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog, and, if so, shall issue an order to any Dog Control Officer, peace officer, acting pursuant to his special duties, or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the judge or justice finds there is probable cause for such seizure, he shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. Pending the disposition of said complaint, the Dog Control Officer or such other authorized person may order the dog to be muzzled and leashed while being walked and to be confined at all other times. If satisfied that the dog is a dangerous dog, the judge or justice shall then order neutering or spaying of the dog, microchipping of the dog, maintenance of a liability insurance policy in a minimum amount of $100,000 for personal injury or death resulting from an attack by such dangerous dog and one or more of the following as deemed appropriate under the circumstances and as deemed necessary for the protection of the public:
(1) 
Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by such expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this section;
(2) 
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: (a) prevent escape of the dog, (b) protect the public from unauthorized contact with the dog, and (c) to protect the dog from the elements. Such confinement shall not include tying or chaining;
(3) 
Restraint of the dog on a leash by an adult of at least 21 years of age whenever the dog is on public premises, such leash to be nonretractable and no more than four feet in length; or
(4) 
Muzzling the dog whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.
C. 
Upon a finding that a dog is dangerous, the judge or justice may order humane euthanasia or permanent confinement of the dog if one of the following aggravating circumstances is established at the judicial hearing held pursuant to Subsection B of this section: (a) the dog, without justification, attacked a person causing serious physical injury or death; or (b) the dog has a known vicious propensity as evidenced by a previous unjustified attack on a person, which caused serious physical injury or death; or (c) the dog, without justification, caused serious physical injury or death to a companion animal, farm animal or domestic animal, and has, in the past two years, caused unjustified physical injury or death to a companion or farm animal as evidenced by a "dangerous dog" finding pursuant to the provisions of this section. An order of humane euthanasia shall not be carried out until expiration of the thirty-day period provided for in subdivision five of § 123 of the New York State Agriculture and Markets Law for filing a notice of appeal, unless the owner of the dog has indicated to the judge, in writing, his or her intention to waive his or her right to appeal. Upon filing of a notice of appeal, the order shall be automatically stayed pending the outcome of the appeal.
D. 
A dog shall not be declared dangerous if the court determines that the conduct of the dog:
(1) 
Was justified because the threat, injury or damage was sustained by a person who at the time was committing a crime or offense upon the owner or custodian or upon the property of the owner or custodian of the dog; or
(2) 
Was justified because the injured person was tormenting, abusing or assaulting the dog or has in the past tormented, abused or assaulted the dog; or
(3) 
Was responding to pain or injury or was protecting itself, its kennels or its offspring.
A. 
The owner or harborer of a dog who, through any act or omission, negligently permits his or her dog to bite a person, causing physical injury, shall be subject to a civil penalty not to exceed $400, in addition to any other applicable penalties.
B. 
The owner or harborer of a dog who, through any act or omission, negligently permits his or her dog to bite a person, causing serious physical injury, shall be subject to a civil penalty not to exceed $800, in addition to any other applicable penalties.
C. 
The owner or harborer 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 or Article VII of the New York State Agriculture and Markets Law, to bite a person, causing serious physical injury, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by a period of imprisonment not to exceed 90 days, or by both such fine and imprisonment, in addition to any other applicable penalties.
D. 
If any dog, which had previously been determined by a judge or justice to be a dangerous dog, 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.
E. 
The owner or harborer shall not be liable pursuant to Subsection A, B, C or D of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree, sodomy in the first degree, or kidnapping within the dwelling or upon the real property of the owner of the dog and the dog injured or killed the person committing such criminal activity.
F. 
No dog which has been so determined to be a dangerous dog under this section or Article VII of the New York State Agriculture and Markets Law shall be permitted to run at large or to be upon any street or public place in the Town except while securely muzzled and under leash, and the owner or person harboring any such dangerous dog who shall suffer or permit such dog to be upon any street, public place or private property in the Town of Bedford, other than the property of the owner or person harboring such dog, while not securely muzzled and under leash, shall be guilty of a violation of this chapter.
G. 
No permit to use the Bedford Canine Tribute Park shall be issued with respect to any dog which has been so determined to be a dangerous dog under this section or Article VII of the New York State Agriculture and Markets Law. Such prohibition shall apply to both resident and nonresident dogs.
H. 
No dog which has been determined to be a dangerous dog under this section or Article VII of the New York State Agriculture and Markets Law shall be permitted to participate in any program, event, seminar or any other occasion sponsored by the Town of Bedford and/or any of its departments which takes place on/in any park or facility owned, operated and/or controlled by the Town of Bedford. Such prohibition shall apply to both resident and nonresident dogs.
I. 
Upon the determination, under this section and/or Article VII of the New York State Agriculture and Markets Law, that a dog is dangerous, all emergency services providers of the Town of Bedford shall be notified that said dangerous dog resides at the premises.
J. 
Nothing contained herein shall limit or abrogate any claim or cause of action which any person who is injured by a dog with a vicious disposition or a vicious propensity may have under common law or by statute. The provisions of this section shall be in addition to such common law and statutory remedies.