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.