[Added 8-14-2001 by L.L. No. 7-2001]
A.
This Board finds and determines that § 121
of the New York Agriculture and Markets Law imposes penalties for
attacks by dogs on domestic animals such as domesticated sheep, horses,
cattle, fallow deer, red deer, sika deer, whitetail deer raised under
license from the Department of Environmental Conservation, llamas,
goats, swine, fowl, ducks, geese, swan turkeys, confined domestic
hare or rabbits, pheasants or other birds raised in confinement under
license from the State Department of Environmental Conservation, when
such animals are lawfully in a place.
B.
This Board also finds and determines that such state
legislation does not address dog attacks on other animals such as
dogs and cats.
C.
This Board further finds that the recent spate of
animal attack incidents requires action that goes beyond present law.
D.
Therefore, the purpose of this article is to impose
penalties for dog attacks on either dogs or cats and to allow local
animal control officers greater latitude to protect the public from
vicious dogs.
As used in this article, the following terms
shall have the meanings indicated:
Cats and/or dogs.
Any dog which menaces, threatens, attacks or bites a person
who is peaceably conducting himself or herself in any place where
he or she may lawfully be; any dog owned, harbored or trained primarily
or in part for the purpose of dog fighting; any dog owned, harbored
or trained primarily or in part for the purpose of attacking a human
being or domestic animal on command; or any dog which menaces, threatens,
attacks or bites another dog, cat or animal peaceably conducting itself
in any place in which it may lawfully be present.
A.
If any dog shall attack any domestic animal, as defined in § 106-32 of this article, while such animal is in any place where it may lawfully be present, the owner or caretaker of such, or any other person witnessing such attack, may, for the purpose of preventing the killing or injury of such domestic animal, destroy such dog while so attacking, and no liability in damages or otherwise shall be incurred on account of such destruction.
B.
Any person may make a complaint of an attack upon a domestic animal to a Town of Babylon Dog Control Officer. Such Officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection C of this section, and, if there is reason to believe the dog is a dangerous dog, the Officer shall forthwith commence such proceeding himself.
C.
Any person may, and any Town of Babylon Dog Control Officer shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack. The judge or justice shall then immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any Town of Babylon 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 or she 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. If satisfied that the dog is a dangerous dog, the judge or justice shall then order any Town of Babylon dog control officer; peace officer, acting pursuant to his special duties; or police officer to cause the dog to be euthanized immediately, or shall order the owner to securely confine such dog permanently, except as provided in Subsection E of this section. The owner shall confine the dog indoors or in an enclosed and locked pen or structure as provided for in the order. Such pen or enclosure shall have a secure top and sides and shall be designed to prevent an unauthorized entry of a person, the escape of the dog, and provide protection from the elements. If the owner fails to confine the dog as required by such order, any Town of Babylon dog control officer; peace officer, acting pursuant to his special duties; or police officer shall destroy such dog on or off the premises of the owner.
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 domestic animal under the dominion and control
of 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;
(2)
Was justified because the injured domestic animal
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.
E.
F.
Nothing contained herein shall limit or abrogate any
claim or cause or action under common law or by statute. The provisions
of this section shall be in addition to such common law and statutory
remedies.
G.
Nothing contained herein shall restrict the rights
and powers derived from the provisions of Title IV, Article 21, of
the New York Public Health Law relating to rabies and any rule and
regulation adopted pursuant thereto.
[Amended 4-27-2022 by L.L. No. 10-2022]
A.
The owner of a dog who, through any act or omission,
negligently permits his or her dog to bite a domestic animal causing
physical injury shall be subject to a fine of not less than $100 nor
more than $400, in addition to any other applicable penalties.
B.
The owner of a dog who, through any act or omission,
negligently permits his or her dog to bite a domestic animal causing
serious physical injury shall be subject to a fine of not less than
$200 nor more than $800 in addition to any other applicable penalties.
C.
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 state or local law, to bite a domestic
animal, or a person, causing serious physical injury, shall be guilty
of a misdemeanor punishable by a fine of not less than $500 nor more
than $1,500, 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.
[Amended 12-20-2023 by L.L. No. 25-2023]
D.
If any dog, which had previously been determined by a judge or justice to be a dangerous dog as defined in § 106-32 of this article, shall, without justification, kill or cause the death of any domestic animal, or a person, who is peaceably conducting itself, himself or herself in any place where it, he or she may lawfully be present, regardless of whether such dog escaped without fault of the owner, the owner shall be guilty of a Class A Misdemeanor, in addition to any other penalties.
F.
The owner shall not be liable pursuant to Subsections 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 or a murder, robbery, burglary, arson, rape in the first degree as defined in § 130.35, Subdivision 1 or 2, of the New York Penal Law, sodomy in the first degree as defined in § 130.50, Subdivision 1 or 2, of the New York Penal Law, 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.
This article shall apply to any actions occurring
on or after the effective date of this article.
If any clause, sentence, paragraph, subdivision,
section or part of this article or the application thereof to any
person, individual, corporation, firm, partnership, entity or circumstance
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgement shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section
or part of this article, or in its application to the person, individual,
corporation, firm, partnership, entity or circumstance directly involved
in the controversy in which such order or judgement shall be rendered.
This article shall take effect on September
1, 2001.
