Bill Text: NY A10389 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the seizure of a dangerous dog.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-04-18 - referred to agriculture [A10389 Detail]

Download: New_York-2017-A10389-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10389
                   IN ASSEMBLY
                                     April 18, 2018
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Agriculture
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          seizure of a dangerous dog
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 123 of the agriculture and markets
     2  law, as amended by section 18 of part T of chapter 59  of  the  laws  of
     3  2010, is amended to read as follows:
     4    2.  (a) Any person who witnesses an attack or threatened attack, or in
     5  the case of a minor, an adult acting on behalf of such minor,  may,  and
     6  any dog control officer or police officer as provided in subdivision one
     7  of this section shall, make a complaint under oath or affirmation to any
     8  municipal  judge or justice of such attack or threatened attack.  There-
     9  upon, the judge or justice shall immediately determine if there is prob-
    10  able cause to believe the dog is a dangerous dog and, if so, [shall] may
    11  issue an order to any dog control officer, peace officer, acting  pursu-
    12  ant to his or her special duties, or police officer directing such offi-
    13  cer  to  immediately  seize  such dog and hold the same pending judicial
    14  determination as provided in this section. Whether or not the  judge  or
    15  justice finds there is probable cause for such seizure, he or she shall,
    16  within  five  days  and upon written notice of not less than two days to
    17  the owner of the dog, hold a hearing on the  complaint.  The  petitioner
    18  shall  have  the burden at such hearing to prove the dog is a "dangerous
    19  dog" by clear and convincing evidence. If satisfied that the  dog  is  a
    20  dangerous  dog,  the  judge  or  justice shall [then] order neutering or
    21  spaying of the dog, microchipping of the dog and  one  or  more  of  the
    22  following  as  deemed  appropriate under the circumstances and as deemed
    23  necessary for the protection of the public:
    24    [(a)] (i) evaluation of the dog by a certified applied behaviorist,  a
    25  board  certified veterinary behaviorist, or another recognized expert in
    26  the field and completion of training or other treatment as deemed appro-
    27  priate by such expert. The owner of the dog shall be responsible for all
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15345-01-8
        A. 10389                            2
     1  costs associated  with  evaluations  and  training  ordered  under  this
     2  section;
     3    [(b)]  (ii) secure, humane confinement of the dog for a period of time
     4  and in a manner deemed appropriate by the court but in all instances  in
     5  a  manner  designed  to:  (1) prevent escape of the dog, (2) protect the
     6  public from unauthorized contact with the dog, and (3)  to  protect  the
     7  dog from the elements pursuant to section three hundred fifty-three-b of
     8  this  chapter.  Such  confinement  shall  not include lengthy periods of
     9  tying or chaining;
    10    [(c)] (iii) restraint of the dog on a leash by an adult  of  at  least
    11  twenty-one years of age whenever the dog is on public premises;
    12    [(d)]  (iv)  muzzling  the  dog whenever it is on public premises in a
    13  manner that will prevent it from biting any person or animal,  but  that
    14  shall not injure the dog or interfere with its vision or respiration; or
    15    [(e)]  (v)  maintenance  of  a liability insurance policy in an amount
    16  determined by the court, but in no event in excess of one hundred  thou-
    17  sand  dollars  for  personal injury or death resulting from an attack by
    18  such dangerous dog.
    19    (b) If the judge or justice finds that proof  of  compliance  with  an
    20  order  of the court pursuant to this subdivision or subdivision three of
    21  this section is necessary for the protection of the public, the judge or
    22  justice may issue an order to any dog  control  officer,  peace  officer
    23  acting  pursuant to his or her special duties, or police officer direct-
    24  ing such officer to immediately seize the dog and hold  the  same  until
    25  such  time as the owner has produced proof of compliance satisfactory to
    26  the court.
    27    § 2. This act shall take effect immediately.