Section 118. Seizure of dogs; redemption periods; impoundment fees; adoption

1. Any dog control officer or peace officer, acting  pursuant  to  his  special  duties,  or  police  officer in the employ of or under
  contract to a municipality shall seize:
    (a) any dog which is not identified and which is not  on  the  owner's
  premises; and
    (b)  any  dog  which  is  not  licensed, whether on or off the owner's
  premises.
    (c) any licensed dog which is not in  the  control  of  its  owner  or
  custodian  or  not  on  the premises of the dog's owner or custodian, if
  there is probable cause to believe the dog is a dangerous dog.
    (d) any dog which poses an immediate threat to the public safety.
    Promptly upon  seizure  the  dog  control  officer  shall  commence  a
  proceeding  as  provided  for  in subdivision two of section one hundred
  twenty-one of this article.
    2. Any dog control officer or peace officer, acting  pursuant  to  his
  special  duties, or police officer in the employ of or under contract to
  a municipality may seize any dog  in  violation  of  any  local  law  or
  ordinance  relating  to the control of dogs, adopted by any municipality
  pursuant to the provisions of this article.
    3. Each dog seized in accordance with the provisions of  this  article
  shall  be  properly sheltered, fed and watered for the redemption period
  as hereinafter provided.
    4. Each dog which is not identified, whether or not licensed, shall be
  held for a period of five days from the day seized during  which  period
  the  dog may be redeemed by its owner, provided that such owner produces
  proof that the dog has been licensed and has been identified pursuant to
  the provisions of this article and further provided that the owner  pays
  the following impoundment fees:
    (a)  ten  dollars  for  the first impoundment of any dog owned by that
  person;
    (b) twenty dollars for the first twenty-four hours or part thereof and
  three dollars for each additional twenty-four hours or part thereof  for
  the second impoundment, within one year of the first impoundment, of any
  dog owned by that person; or
    (c) thirty dollars for the first twenty-four hours or part thereof and
  three  dollars for each additional twenty-four hours or part thereof for
  the third and subsequent impoundments, within  one  year  of  the  first
  impoundment, of any dog owned by that person.
    The  impoundment fees set forth in paragraphs (a), (b) and (c) of this
  subdivision notwithstanding, any municipality may set by  local  law  or
  ordinance such fees in any amount.
    5.  All  impoundment fees shall be the property of the municipality to
  which they are paid and shall be used  only  for  controlling  dogs  and
  enforcing  this  article  and  any  rule,  regulation,  or  local law or
  ordinance adopted pursuant thereto, including subsidizing the spaying or
  neutering of dogs and any  facility  as  authorized  under  section  one
  hundred  seventeen of this article used therefor, and subsidizing public
  humane education programs in responsible dog ownership.
    6. Promptly upon seizure of any identified dog, the owner of record of
  such dog shall be notified  personally  or  by  certified  mail,  return
  receipt  requested,  of  the  facts  of  seizure  and  the procedure for
  redemption. If notification is personally given, such dog shall be  held
  for  a period of seven days after day of notice, during which period the
  dog may be redeemed by the owner. If such notification is made by  mail,
  such  dog  shall  be  held  for  a  period of nine days from the date of
  mailing, during which period the dog may be redeemed by  the  owner.  In
  either  case,  the  owner  may  redeem  such  dog  upon  payment  of the

  impoundment fees prescribed by subdivision four of this section  and  by
  producing proof that the dog has been licensed.
    7.  An  owner  shall  forfeit  title  to  any  dog  unredeemed  at the
  expiration of the appropriate redemption period, and the dog shall  then
  be  made  available for adoption or euthanized subject to the provisions
  of subdivisions two-a, two-b, two-c, two-d, and two-e of  section  three
  hundred  seventy-four  of  this  chapter.  Provided  that  no dog in the
  custody of a pound or shelter shall be delivered for adoption unless  it
  has  been  licensed  pursuant to the provisions of this article prior to
  its release from the custody of a pound or shelter. Any municipality may
  by local law or ordinance establish additional conditions  for  adoption
  including  the requirement that adopted dogs shall be spayed or neutered
  before or after release from custody upon such terms and  conditions  as
  the municipality may establish.
    7-a. Any dog or cat in the custody of a pound or shelter shall be made
  available  for  adoption  or  euthanized  subject  to  the provisions of
  subdivisions two-a, two-b, two-c, two-d,  and  two-e  of  section  three
  hundred  seventy-four  of this chapter after the time for redemption has
  expired.
    8.  The  redemption  periods  set  forth   above   in   this   section
  notwithstanding,  any  municipality  may  establish the duration of such
  periods by local law or ordinance, provided that no such period shall be
  less than three days, except that where notice to the owner is given  by
  mail, no such period shall be less than seven days.
    9.  Any  dog,  owned  by a resident of any city having a population of
  over two million  or  by  a  non-resident  of  this  state,  seized  and
  impounded  pursuant  to  the provisions of this article, and whose owner
  can be identified, shall be subject to subdivision six of this  section.
  If  the dog is licensed pursuant to the provisions of law of the area of
  the owner's residence, the licensing requirements of this article  shall
  not  apply  provided  such dog is not harbored within this state outside
  any city having a population of over two million for a period  exceeding
  thirty days.
    10.  The  seizure  of  any  dog  shall not relieve any person from any
  violation provided for by section one hundred nineteen of this article.
    11. No liability in damages or otherwise shall be incurred on  account
  of  the  seizure,  euthanization  or adoption of any dog pursuant to the
  provisions of this article.