Section 121. Dangerous dogs

1.  Any  person  who witnesses an attack or
  threatened attack, or in the case of a minor, an adult acting on  behalf
  of  such  minor,  may make a complaint of an attack or threatened attack
  upon a person, companion animal, farm animal as defined  in  subdivision
  twenty-four  of section one hundred eight of this article, or a domestic
  animal as defined in subdivision seven of section one hundred  eight  of
  this  article  to  a  dog  control  officer  or  police  officer  of the
  appropriate municipality. Such  officer  shall  immediately  inform  the
  complainant  of  his  right  to  commence  a  proceeding  as provided in
  subdivision two of this section and, if there is reason to  believe  the
  dog  is  a  dangerous  dog,  the  officer  shall forthwith commence such
  proceeding himself.
    2. Any person who witnesses an attack or threatened attack, or in  the
  case  of  a minor, an adult acting on behalf of such minor, may, and any
  dog control officer or police officer as provided in subdivision one  of
  this  section  shall,  make a complaint under oath or affirmation to any
  municipal  judge  or  justice  of  such  attack  or  threatened  attack.
  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  provided in this section. 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. The petitioner  shall  have
  the  burden  at  such  hearing  to prove the dog is a "dangerous dog" by
  clear and convincing evidence. 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 and one or more of the following as deemed
  appropriate under the circumstances and  as  deemed  necessary  for  the
  protection of the public:
    (a)  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;
    (b) 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: (1) prevent escape  of  the  dog,  (2)  protect  the
  public  from  unauthorized  contact with the dog, and (3) to protect the
  dog from the elements pursuant to section three hundred fifty-three-b of
  this chapter. Such confinement shall  not  include  lengthy  periods  of
  tying or chaining;
    (c) restraint of the dog on a leash by an adult of at least twenty-one
  years of age whenever the dog is on public premises;
    (d)  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; or
    (e)   maintenance  of  a  liability  insurance  policy  in  an  amount
  determined by the court, but in  no  event  in  excess  of  one  hundred
  thousand  dollars  for personal injury or death resulting from an attack
  by such dangerous dog.
    3. 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 subdivision two 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 this
  section 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.
    4.  A  dog shall not be declared dangerous if the court determines the
  conduct of the dog (a) 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 of the dog or upon  the  property
  of  the  owner  or  custodian  of the dog; (b) was justified because the
  injured, threatened or killed person was tormenting, abusing, assaulting
  or physically threatening the dog or its offspring, or has in  the  past
  tormented,  abused,  assaulted  or  physically threatened the dog or its
  offspring; (c) was justified because the dog was responding to  pain  or
  injury,  or  was protecting itself, its owner, custodian, or a member of
  its household, its kennels or its offspring; or  was  justified  because
  the  injured,  threatened  or  killed  companion  animal, farm animal or
  domestic animal was attacking or threatening to attack the  dog  or  its
  offspring.  Testimony  of  a  certified  applied  behaviorist,  a  board
  certified veterinary behaviorist, or another recognized expert shall  be
  relevant  to  the court's determination as to whether the dog's behavior
  was justified pursuant to the provisions of this subdivision.
    5. (a) The owner of a dog found to be a "dangerous  dog"  pursuant  to
  this  section  may  appeal  such determination, and/or the court's order
  concerning disposition of the dog to the court  having  jurisdiction  to
  hear  civil  appeals in the county where the "dangerous dog" finding was
  made. The owner shall commence such appeal by filing a notice of  appeal
  with  the  appropriate  court  within  thirty  days  of  the final order
  pursuant to this section. Court rules governing  civil  appeals  in  the
  appropriate  jurisdiction  shall  govern  the  appeal of a determination
  under this section.
    (b) Upon filing a notice of appeal from an order of humane  euthanasia
  pursuant  to  this  section,  such  order  shall be automatically stayed
  pending final determination of any appeal. In all  other  circumstances,
  the  owner  of the dog may make application to the court to issue a stay
  of disposition pending determination of the appeal.
    6. The owner of a dog who, through any act  or  omission,  negligently
  permits  his  or  her  dog  to  bite a person, service dog, guide dog or
  hearing dog causing physical injury shall be subject to a civil  penalty
  not  to  exceed four hundred dollars in addition to any other applicable
  penalties.
    7. The owner 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  one  thousand  five
  hundred  dollars in addition to any other applicable penalties. Any such
  penalty may be reduced by any amount which is paid as restitution by the
  owner of the dog to the person or  persons  suffering  serious  physical

  injury  as compensation for unreimbursed medical expenses, lost earnings
  and other damages resulting from such injury.
    8.  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  this  article, to bite a person causing serious
  physical injury, shall be guilty of a misdemeanor punishable by  a  fine
  of  not more than three thousand dollars, or by a period of imprisonment
  not to exceed ninety days, or by both  such  fine  and  imprisonment  in
  addition to any other applicable penalties. Any such fine may be reduced
  by  any  amount  which is paid as restitution by the owner of the dog to
  the person or persons suffering serious physical injury as  compensation
  for  unreimbursed  medical  expenses,  lost  earnings  and other damages
  resulting from such injury.
    9. If any dog, which had previously been  determined  by  a  judge  or
  justice  to  be a dangerous dog, as defined in section one hundred eight
  of this article, 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.
    10. The owner or lawful custodian of a dangerous dog shall, except  in
  the  circumstances  enumerated  in  subdivisions four and eleven of this
  section, be strictly liable for  medical  costs  resulting  from  injury
  caused  by  such  dog  to  a  person,  companion  animal, farm animal or
  domestic animal.
    11. The owner shall not be liable pursuant to subdivision six,  seven,
  eight,  nine  or ten 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 as defined in
  subdivision  one  or  two  of  section 130.35 of the penal law, criminal
  sexual act in the first degree as defined in subdivision one or  two  of
  section  130.50  of  the  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.
    12.  Nothing  contained  in  this  section shall limit or abrogate any
  claim or cause of action 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.
    13. Nothing contained in this section shall restrict  the  rights  and
  powers  derived  from the provisions of title four of article twenty-one
  of the public health law relating to rabies and any rule and  regulation
  adopted pursuant thereto.
    14.  Persons  owning,  possessing  or  harboring  dangerous dogs shall
  report the presence of such  dangerous  dogs  pursuant  to  section  two
  hundred nine-cc of the general municipal law.