New York State Attorney General The State Capitol Albany, New York 12224 1-800-771-7755 www.ag.ny.gov SERVICE ANIMALS In Public Accommodations Civil Rights Bureau NEW YORK STATE OFFICE ATTORNEY GENERAL of the Dear New Yorkers, Everyone, regardless of differing abili - ties, is entitled to equal access to ser-vices and public accommodations. Prohibition of the selling of fur, hair, skin or flesh of a dog or cat, § 752-a . 17. 2. Oct. 16, 2012. The town board after a public hearing may enact, amend and repeal ordinances, rules and regulations not inconsistent with law, for the following purposes in addition to such other purposes as may be contemplated by the provisions of this chapter or other laws. Credits(Added L.2000, c. 259, § 4. Repealed. (Added L.1978, c. 220, § 2. In addition, for persons with local residence who are exposed to rabies in New York city or out of state, the county health authority is responsible for that portion of treatment that occurs after such persons return to their local residences. 16. In this article, we'll look at the deadlines for filing a dog bite injury lawsuit in a New York civil court, New York's dog bite statute, and the state's use of both strict liability and negligence-based dog bite laws. Any subsequent violation shall be punishable by a civil penalty of up to twenty-five thousand dollars. Possession of pierced or stabbed muskrats shall be presumptive evidence that they were unlawfully taken. 432, 464, 500, 881; L.1937, c. 495, § 7; L.1938, cc. CREDIT(S) (Added L.2002, c. 573, § 4, eff. 2. Sept. 13, 2006; L.2017, c. 168, § 3, eff. Every dog, cat and domesticated ferret shall have a second vaccination within one year of the first. Oct. 31, 2000; L.2001, c. 490, § 2, eff. No person shall hunt on a special dog training area except as provided in this section or rules adopted pursuant thereto. Human postexposure treatment specifically authorized by the county health authority shall be rendered by the provider or providers selected by the county health authority, located within the county or the vicinity thereof, and approved by the person's health insurance carrier or managed care plan if pre-approval is required by the health insurance carrier or managed care plan, provided that: (a) any person may, at his or her option, be treated at his or her own expense by the health care provider of his or her choice. Amended L.1960, c. 300, § 46; L.1971, c. 1025, § 7; L.1973, c. 18, § 3; L.1976, c. 405, § 2; L.1989, c. 61, § 46; L.1997, c. 508, § 1, eff. ), § 123-b. As part of such application for a waiver, the police department shall provide the local health department with records of such dog's past vaccination for rabies and proof that such dog's rabies vaccinations are up-to-date. Sept. 13, 2006]. Property Line and Fence Laws in New York: An Overview. (a) Animals shall be housed in primary enclosures or cages, which shall be constructed so as to be structurally sound. 8. “Animal control officer” shall mean one or more persons designated by the county health authority as having responsibility for animal control issues in the county. Any Any person having in his or her care, custody, or control any abandoned animal, as defined in section three hundred thirty-one of this article, may deliver such animal to any duly incorporated society for the prevention of cruelty to animals or any duly incorporated humane society having facilities for the care and eventual disposition of such animals, or, in the case of dogs, cats and other small animals, to any pound maintained by or under contract or agreement with any county, city, town, or village within which such animal was abandoned. T, § 5, eff. Aug. 16, 2005; L.2010, c. 59, pt. Jan. 1, 2011.). 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. (Formerly § 121-b, added L.2007, c. 582, § 2, eff. A violation of this section shall be punishable, subject to such an election, either: (a) where prosecuted pursuant to the penal law, by a fine of not less than twenty-five dollars, except that (i) where the person was found to have violated this section or former article seven of this chapter within the preceding five years, the fine may be not less than fifty dollars, and (ii) where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not less than one hundred dollars or imprisonment for not more than fifteen days, or both; or. Prohibition of the selling of fur, hair, skin or flesh of a dog or cat, § 1352-e. Companion dogs at food service establishments, § 400-a . Sept. 1, 1998; L.2004, c. 392, § 7, eff. T, § 16, eff. The original source of each animal if different than the person recorded in subdivision one of this section. 1. Game so identified may be possessed, transported, bought and sold at any time, without limitation by section 11-0917 of this article. State dogThe working dog shall be the official dog of the state. The knowledge of the presence of dangerous wild animals, and dangerous dogs, in the context of emergency services responses, is necessary to protect public safety and the safety of emergency services personnel. Exemption from civil liability, § 123-b . Profile. Nearly 4,000 dog bites are reported every year in New York City, with children and older residents being most at risk of a dog bite. 2. Dec. 17, 2014. Before any license shall be suspended or revoked, the commissioner, or any hearing officer he or she may designate, shall hold a hearing, upon due notice to the licensee, in accordance with any regulations promulgated by the department and in accordance with articles three and four of the state administrative procedure act.2 Where a licensee has three consecutive inspections in which the licensee has failed to correct deficiencies of a critical nature, pursuant to this section, the commissioner shall hold a hearing to consider the suspension or revocation of the pet dealer license. § 2145. Written approval of such registration shall be provided to the applicant by the commissioner and shall be accompanied by a pet dealer exemption identification number, which shall be prominently displayed on the registrant's websites and accompany such registrant's publications or advertisements made available to the public following registration approval. Spaying and neutering facilities authorized, § 117 . 1. Section 377-a of the New York Consolidated Laws outlines the requirements for spaying and neutering animals in the state. Any veterinarian, duly licensed to practice under the laws of this state, who in connection with such practice renders professional services in the treatment of any dog, cat, or other domestic animal or boards any such animal on his premises, or a person keeping a livery stable, or boarding stable for animals, or pasturing or boarding one or more animals, or who in connection therewith keeps or stores any wagon, truck, cart, carriage, vehicle or harness, has a lien dependent upon the possession upon each dog, cat or other animal kept, pastured or boarded by him, and upon any wagon, truck, cart, carriage, vehicle or harness, of any kind or description, stored or kept provided an express or implied agreement is made with the owners thereof, whether such owner be a mortgagor remaining in possession or otherwise, for the sum due him for the professional service rendered, care, keeping, boarding or pasturing of the animal, or for the keeping or storing of any wagon, truck, cart, carriage, vehicle and harness, under the agreement, and may detain the dog, cat or other animal or wagon, truck, cart, carriage, vehicle and harness accordingly, until such sum is paid. Jan. 1, 2011. Nov. 15, 2012; L.2014, c. 528, § 1, eff. L.1978, c. 220, § 1, eff. ), [§ 752-a. Repealed. March 30, 2012.). Persons engaged in hunting deer and/or bear with a longbow must possess a current bowhunting privilege or a valid certificate of qualification in responsible bowhunting practices issued or honored by the department. 6. Every environmental conservation officer, forest ranger and member of the state police may kill any dog (a) pursuing or killing deer within the Adirondack or Catskill parks, at any time; (b) pursuing or killing any game or wildlife on a state-owned game farm or wildlife refuge; or (c) pursuing or killing any game or wildlife on a state-owned or leased wildlife management area, except a dog being legally used for hunting small game or for dog training. 1. (d) the term “dangerous dog” means a dog found dangerous pursuant to the provisions of section one hundred twenty-three of the agriculture and markets law. Amended L.2012, c. 446, § 3, eff. Nov. 12, 2017. 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. Nov. 21, 2001; L.2003, c. 296, § 3, eff. CREDIT(S) (Added L.1997, c. 432, § 40, eff. Town ordinances (for dog related powers, See Sec. For the purpose of this subdivision, a person with a physical disability shall mean any person who submits to the department a statement of a physician duly licensed to practice medicine that such person is physically incapable of arm movement sufficient to draw, hold and release a long bow as defined in subdivision four of this section or as otherwise defined in department regulation. 1. Jan. 1, 2005; L.2010, c. 58, pt. A veterinarian statement is not required for intestinal or external parasites unless their presence makes the dog clinically ill or is likely to make the dog clinically ill. 1. 8. (Added L.2018, c. 272, § 1, eff. 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 or her 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. Beaver, fisher and otter shall not be hunted. 3. 120, 578, 579; L.1954, c. 265; L.1955, cc. For example, Albany requires dogs to be restrained by an "adequate collar and leash" controlled by someone at least 12 years old if they are on public property in Albany.New York City leash law, for its part, requires dogs to be on a leash no more than six feet long. Find out if you are entitled to compensation by talking to An Albany dog bite attorney. The refund and/or reimbursement required by subdivision one of this section shall be made by the pet dealer not later than ten business days following receipt of a signed veterinary certification as herein required. Jan. 1, 1999; L.2000, c. 263, § 1, eff. Removal of canine wastes in cities with a population of four hundred thousand or more persons and in the cities of Yonkers and Albany, Notwithstanding any contrary provision of law, rule or regulation, in cities with a population of four hundred thousand or more persons and in the cities of Yonkers and Albany, it shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his or her dog on any sidewalk, gutter, street or other public area. (a) “Dangerous dog” means any dog which (i) without justification attacks a person, companion animal as defined in subdivision five of section three hundred fifty of this chapter, farm animal as defined in subdivision four of section three hundred fifty of this chapter or domestic animal as defined in subdivision seven of this section and causes physical injury or death, or (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or (iii) without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death. Nov. 1, 1993. License refusal, suspension, or revocation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules. Any person who owns an animal or possesses control of such animal and who, through any act or omission, recklessly permits his or her animal to interfere with the proper working of a service animal, exposing the handler and service animal to danger or resulting in injury or death of the service animal, where the animal causing such injury has previously been determined to be dangerous pursuant to this article, shall be guilty of a violation punishable by a fine of not more than two thousand dollars, or by a period of imprisonment not to exceed fifteen days, or by both such fine and imprisonment in addition to any other applicable penalties. LEARN MORE ABOUT US . Nov. 6, 2019.] Where the authority to issue pet dealer licenses is delegated to the county or city pursuant to subdivision two of this section, that county or city shall, on or before the fifth day of each month, remit to the appropriate municipal financial officer one hundred percent of all license fees collected during the preceding month. Schenectady Leash Laws. Check out some of these changes coming to NYS. Aug. 24, 2018. Renumbered § 752, L.1993, c. 68, § 1. 10. f. No wildlife shall be taken with an arrow with an explosive head or shaft, or with an arrow, dart or any device, propelled by any means, that is used for the purpose of injecting or delivering any type of drug into the blood system of such wildlife. L.1978, c. 220, § 1, eff. Established in New York, NY, his personal injury law firm has obtained numerous million-dollar verdicts. “Domestic animal” means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the department of environmental conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the state department of environmental conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this article. Assisting officers in preparing for court ; To download the Animal Control Redemption Form, please click here. Each county health authority is required to develop a rabies control protocol that identifies and coordinates all activities within the county to accomplish a comprehensive rabies response. “Guide dog” means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. A permit from the department must be obtained before liberation of any wildlife, and such a permit may be withheld if, in the opinion of the department, granting it would endanger the health of native wildlife species. 3. Dec. 15, 2004; L.2005, c. 526, § 1, eff. Jan. 1, 1989. The entity chosen to administer such program shall enter into a contract with the state for a term of five years, which may be renewed subject to the approval of the commissioner. Nov. 6, 2019.] Offenses against service animals and handlers. (9) with a crossbow unless such crossbow shall consist of a bow and string, either compound or recurve, that launches a minimum fourteen inch bolt, not including point, mounted upon a stock with a trigger that holds the string and limbs under tension until released. Any person conducting an inspection of a pet dealer or responding to a complaint concerning a pet dealer shall be specifically trained in the proper care of cats and dogs and in the investigation and identification of cruelty to animals. (b) the county health authority may, at its option, assume financial responsibility for necessary treatment rendered by other providers, (c) the county shall authorize initial treatment from a provider or providers geographically accessible to the location of the exposed person at the time that treatment is determined to be necessary, and. Feb. 12, 2001; L.2006, c. 687, § 3, eff. Appropriate shelter for dogs left outdoors § 353-c . Oct. 9, 2010. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. In order to be eligible to participate in the animal population control program, and therefore, be entitled to the low-cost spay/neuter services provided for herein, an owner of a dog or cat shall be a resident of New York state and shall submit proof to the entity providing such services as follows: (a) in the form of an adoption agreement that their dog or cat was adopted from a pound, shelter maintained by or under contract or agreement with the state or any county, city, town, or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association; or. Upon validation by the commissioner or the county or city authorized under this section to issue pet dealer licenses, the application shall become the license of the pet dealer. In awarding grants, the entity shall use best efforts to provide statewide distribution of funding. June 22, 2011; L.2012, c. 446, § 5, eff. Licensed dogs surrendered to the municipality or an animal shelter shall not be requisitioned without the written consent of the owner obtained at the time of the surrender. Oct. 5, 2008. Such report shall include but not be limited to the balance of the fund, annual expenditures, annual income, the number of entities receiving funding and the amount received by each entity, the total number and type of low-cost spay-neuter services provided by each entity, the method of providing such services by each entity, the expenditure made for promoting the fund and description of marketing efforts, and recommendations regarding the implementation and financial viability of the fund. Licensing of dogs; rabies vaccination requirement. Nov. 15, 2012; L.2014, c. 528, § 2, eff. [Eff. January 23, 2009; L.2013, c. 251, § 3, eff. Under this legislation, if a municipality chooses to adopt a more stringent local law, enforcement of the new law will be the sole responsibility of the municipality. “Person” means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. This section and any order issued pursuant thereto shall not apply to dogs in special dog training areas or shooting preserves enclosed and licensed pursuant to the provisions of the environmental conservation law, while such dogs are under the control of the owner or trainer. 5. Renumbered § 122 and amended L.2010, c. 59, pt. These laws establish proper control of the dog and when the dog's owner is liable to the bite victim. The statement shall be valid for fourteen business days following examination of the cat by the veterinarian. 2. All license fees so remitted shall be the property of the municipality, and shall be used solely for the purpose of carrying out and enforcing the provisions of this article and of article thirty-five-D of the general business law. 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. In the event that the service area of an entity encompasses two or more counties, such entity may apply and receive funding from the animal population control fund to serve such portion of their service area that is not covered by an existing county animal population control program. For purposes of this section, “low-cost” shall mean substantially less than the average cost in a particular region of the state for spaying or neutering services, including any and all ancillary changes1 for services, including but not limited to, presurgical examinations, tests and immunizations, and other services related to the spay or neuter procedure. Sept. 13, 2006; L.2017, c. 168, § 1, eff. Credits(Formerly § 119, added L.1978, c. 220, § 2. (b)(i) Upon approving a plan submitted pursuant to this section, the administrative entity shall award a grant for the creation and implementation of such plan. , cat and domesticated ferret shall have a working safety across from Penn Station Midtown-Manhattan. In Albany, New York state dog laws every owner in the state also implements criteria. Of a fee of one hundred dollars fourteen business days following receipt thereof by the may. 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