Section 125. Indemnification for dog damage

1. Each county shall be liable
  for damage done within the county by dogs to domestic animals, including
  such veterinary fees and costs as may arise from such damage or  injury.
  Indemnification  therefor  shall  be made in the manner provided by this
  section. Such indemnification shall not exceed the actual damage. In  no
  event shall indemnification exceed:
    (a)  eight  hundred  dollars for each animal, in the case of horses or
  cattle;
    (b) fifteen dollars for each domesticated  fowl,  duck,  goose,  swan,
  turkey,  pheasant  or  other  bird  which is raised in confinement under
  license from the state department of environmental  conservation  before
  release from captivity, and confined domestic hare or rabbit;
    (c)  one  hundred  dollars for any other domestic animal as defined in
  this article;
    (d) twelve hundred dollars for each animal, in the case of  registered
  purebred  dairy  and  beef  cattle  or of purebred dairy and beef cattle
  eligible for registration and less than one year of age;
    (e) two hundred fifty dollars for each animal, in  the  case  of  each
  registered  purebred sheep, goat or swine, or of purebred sheep, goat or
  swine eligible for registration and less than one year of age;
    (f) three hundred fifty dollars for each fallow deer, red  deer,  sika
  deer,  whitetail  deer which is raised under license from the department
  of environmental conservation or each llama.
    2. No indemnification shall be paid for fowl of the varieties commonly
  used for cock fights.
    3. The name of the owner of the dog  causing  the  damage,  if  known,
  shall  be reported to the financial officer of the county and such owner
  shall be liable to the county in reimbursement for any amounts  paid  by
  the  county  for such indemnification, in an action to be brought in the
  name of the county by the financial officer of the county or the  county
  dog control officer in a court of competent jurisdiction.
    4.  The  owner  of  a domestic animal injured or killed as a result of
  being attacked, chased or worried by any dog shall, immediately upon the
  discovery of such injury or death, notify the nearest  assessor  of  the
  city  or  town  where  the damage was done of the fact of such injury or
  death, and that the owner claims indemnity therefor  and  requires  that
  the   damage  be  determined.  The  assessor  or  any  other  individual
  designated in writing by the governing body of the city  or  town  shall
  immediately inquire into the matter and shall examine the animal injured
  or  killed  and,  if  he  deems it necessary, shall examine witnesses in
  relation thereto. If the assessor or designated individual is  satisfied
  that the injuring or killing of the animal was caused by a dog, and that
  the  owner of the animal had taken reasonable precautions to prevent the
  damage done, the assessor or designated individual shall  determine  the
  amount  of  the  damage  apparent  at  the time and make a report of the
  amount of damages.  Provided, however, that if the amount of  damage  is
  determined by the assessor or designated individual to be more than four
  hundred dollars, the assessor or designated individual shall immediately
  give  notice  of  the  claim  to  all  the other assessors or designated
  individuals, if any, of the city or town, or a  majority  of  them,  who
  shall,  within  three days, inquire into the matter and make a report in
  the manner provided above. The report shall be promptly filed  with  the
  financial  officer  of  the  county  and  the  commissioner,  and a copy
  provided to the claimant.
    5. The governing body of any county  may  establish  by  local  law  a
  procedure  for  reviewing  the  decision  of  the assessor or designated
  individual. If  a  procedure  has  been  established,  the  claimant  or
  financial  officer  of  the  county  may,  within  twenty days after the

  receipt of the report of  any  assessor  or  designated  individual,  if
  dissatisfied  with  the  amount of the damages stated therein, request a
  review pursuant to the procedure established by the  governing  body  of
  the  county.  The  decision  after review shall be in writing and copies
  thereof shall be mailed to the financial  officer  of  the  county,  the
  claimant and the commissioner.
    6. In the event that the county shall not have established a procedure
  for   review   of  the  decision  such  review  shall  be  made  by  the
  commissioner. Upon receipt of such request, the commissioner shall cause
  an investigation to be made of the alleged attack  upon  the  claimant's
  domestic  animal,  the  facts surrounding such attack, and the amount of
  damage incurred thereby for which  indemnification  should  be  made  in
  accordance  with  the  intent of this section. The claimant shall permit
  the commissioner or his authorized representative to enter the  premises
  on  which  the  attack is alleged to have been made and shall furnish to
  the commissioner or his representative whatever  information  and  proof
  may  be  available  to  the  claimant and may be deemed necessary by the
  commissioner or his representative to complete the  investigation.  Upon
  completion  of  the investigation, the commissioner shall decide whether
  the attack was in fact made by a dog upon a domestic animal, as  defined
  in  section one hundred eight of this article, and whether the owner had
  taken reasonable precautions to prevent the damage done and,  if  he  so
  finds, shall either confirm or deny the determination of the assessor or
  designated individual, or modify it as may appear proper and adequate in
  view of the facts. The decision of the commissioner shall be in writing,
  and  copies  thereof  shall  be  mailed  to the financial officer of the
  county and the claimant.
    7. After the  expiration  of  twenty  days  from  the  filing  of  the
  assessor's  or designated individual's report with the financial officer
  of the county, such officer shall mail to the claimant a certificate  of
  indemnity  due to the claimant, provided however, that in those counties
  where a review procedure has been established and a request for a review
  has been presented, such certificate shall be  mailed  to  the  claimant
  upon the filing of a copy of the decision, after review, with the county
  financial  officer.  The  financial  officer  shall retain a copy of the
  certificate and shall mail a copy to the commissioner.
    8. If, subsequent to the determination of  damage,  it  develops  that
  damage,  which was not apparent at the time of determination, was caused
  to any domestic animal, a supplemental notice of claim for  such  damage
  shall  be  promptly  given by the claimant upon discovery thereof to the
  assessor at any time within  six  months  after  the  discovery  of  the
  original  damage.  Such  notice shall set forth the facts upon which the
  additional claim was based. The same proceedings shall thereupon be  had
  as upon the original claim.
    9.  The amount of the damage determined as hereinbefore provided shall
  be paid by the financial officer of the county  to  the  claimant,  upon
  presentation  of  the  aforesaid certificate, from the funds received by
  such officer pursuant to section one hundred eleven of this article, and
  if such funds shall be insufficient therefor, then from such other funds
  as shall be raised by the county governing  body,  in  the  manner  that
  funds are raised to pay other county charges.