DISPOSITION OF FINES Section 120

Transcription

1 DISPOSITION OF FINES Section 120! All such fines or penalties shall be retained by the municipality to be used only for controlling dogs and enforcing Article 7 and for subsidizing both the spaying and neutering of dogs and public programs involving responsible dog ownership.! Allegations of expenditure of public money by municipalities contrary to Article 7 may be directed to the attention of the Office of the State Comptroller, 110 State St., Albany, NY (518) or at DANGEROUS DOGS - Section 121! DEFINITION - Any dog which (a) without justification attacks a person, a companion animal, farm animal or domestic animal and causes physical injury or death, or (b) 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 (c) without justification attacks a service dog, guide dog, or hearing dog and causes physical injury or death. (Section )! Domestic animal is defined in Article 7, Section 108.7! Farm animal is defined in Article 26 (Cruelty to Animals), Section 350.4! Companion animal is defined in Article 26, Section 350.5! 'Dangerous dog' does not include a police work dog while being used to assist law enforcement officers in the performance of their special duties:! A municipality may adopt its own dangerous dog ordinance. It cannot replace or be less stringent than Article 7. It also cannot be breed specific. (Section 107.5)! The DCC should discuss with the municipal attorney:! the procedure for handling dangerous dog cases before they occur! municipality's policy on the use of lethal force! seizure of a dog on the owner's property! consequences of inaction vs. imminent threat! Some municipalities may not allow their DCO to carry a firearm but may instead rely on peace officers, acting pursuant to their special duties, or the police if the need arises.! In a dangerous dog case, if a bite has occurred, the LOCAL PUBLIC HEALTH OFFICER must be notified immediately to evaluate the possibility

2 of rabies exposure. The public health officer determines rabies vaccination status, human post exposure vaccination treatment, quarantines and/or rabies testing. Find out how to contact the public heath officer before a bite case occurs. PROCEDURES FOR COMMENCEMENT AND DETERMINATION The Complaint! Any person or any adult acting on behalf of a minor may file a Dangerous Dog Complaint (DL-41) to a. dog control officer or police officer of the appropriate municipality. If the officer has any reason to believe that the dog is a dangerous dog (as in a bite case) the officer shall file a complaint.! Any person witnessing an attack or threatened attack or any adult acting on behalf of a minor who witnessed an attack or threatened attack may and any dog control officer, peace officer, acting pursuant to their special duties, or any police officer shall make a complaint under oath to any municipal judge or justice of an attack or threatened attack.! The judge or justice must immediately determine if there is probable cause to believe that the dog is dangerous. If so determined, the judge or justice issues an Order to Seize (DL-39) and holds the dog pending the final determination as provided in Section The Hearing! Once a dangerous dog complaint has been made under oath or affirmation to a municipal judge or justice, whether or not the judge finds probable cause for seizure, the law requires that a hearing be held within five (5) days and upon written notice of not less than two (2) days to the owner of the dog. The judge completes the Notice of Hearing (DL-42). 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 a dog is dangerous, the judge or justice shall order neutering or spaying of the dog, microchipping of the dog and one or more of the following if deemed appropriate and necessary for the protection of the public:! Evaluation of the dog by a certified behaviorist or another recognized expert in the field and completion of training or other treatment. The dog owner is responsible for all costs of evaluation and training.! Confinement of the dog for a period of time and manner set 'by the court

3 ! Restraint and/or muzzling of the dog when in a public place! Maintenance of liability insurance! The judge or justice may also order humane euthanasia or permanent confinement under aggravating circumstances listed in Section ! A Dangerous Dog Disposition Order (DL-43) is completed by the judge/ justice and states their determination (decision).! The owner of a dog determined to be dangerous has the right to file an appeal within 30 days. The order of euthanasia shall not be carried out until expiration of this period, unless the owner waives the right to appeal.! A dog shall not be declared dangerous if the court determined that the conduct of the dog was justified under specific circumstances defined in Section ! An owner that negligently permits their dog to bite a person, service dog, guide dog or hearing dog causing physical injury is subject to a civil penalty as set forth in Section ! An owner that negligently permits their dog to bite a person causing serious physical injury is subject to a civil penalty as set forth in Section ! The owner of a dog that has been deemed dangerous is also subject to criminal fines or civil penalties, medical costs, imprisonment and/or a Class A misdemeanor for subsequent actions committed by such dog as defined in Sections 121.8, and ! The owner shall not be liable if the dog was coming to the aid or defense of a person during the commission or attempted. commission of certain crimes within the dwelling. or upon the real property of the owner of the dog. (Section )! Nothing in Section 121 shall:! Limit a person injured by a vicious dog from any claim or cause of action under common law or by statute (Section )!! Restrict the rights and powers derived from Title 4, Article 21 of the Public Health Law relating to. rabies (Section ) Required Notifications:

4 ! Title 1, OCCRR of NYS, Section 78.6 requires that upon a finding that a.dog is dangerous the judge or justice must notify the Commissioner of Department of Agriculture and Markets of such finding. Sending a copy of the Dangerous Dog Disposition Order (DL-43) to the Department's Companion Animal Unit satisfies this requirement.! The license number must be included on the DL-43 in order for the CAU to designate a dog as 'dangerous' in the licensing database.! The r General Municipal Law, Section 209 cc. requires that the owner of a dangerous dog reports the presence of this dog to the clerk of any municipality where the dog is harbored. (Section ) DESTRUCTION OF A DOG - A dog may be destroyed while, without justification, it is attacking or threatening a person, companion animal, farm animal or domestic animal and no liability in damages shall be incurred on account of such destruction. (Section 121-a) DANGEROUS DOG FORMS are available to the DCO and the judge or justice, at no cost, from the Companion Animal Unit. The DL-39 comes in a pad of single sheets which require carbon paper or copying upon completion. The DL-41, DL-42 and DL-43 are contained in one pad of NCR paper (no carbon required). DL-39 Order to Seize a Dog! Written by the judge/justice in cooperation with DCO. Must be commenced immediately if there is probable cause to believe the dog is a dangerous dog. This same determination must be held throughout the hearing. DL-41 Dangerous Dog Complaint!! "Owner" is the person who harbors the dog. If the owner of record is different, record both names. If the complainant is willing, allow them to complete the date and description of the incident in which they felt threatened. If not willing or able, then DCO must complete the statement as the complainant recites it. Complainant must then affirm the statement by signature and date. DCO witnesses signature and completes "dated at" section to the left of the complainant signature and date. DCO also affirms statement by signature and date at the bottom right. If complainant is a minor, statement must also be affirmed as above by parent or guardian, and include the relationship to the complainant. If the complainant does not wish to sign and the DCO has evidence that the dog is a dangerous dog, the DCO must file a complaint. DCO completes top and bottom sections of the DL-41, and delivers it to the court as soon as possible. Include DL-39, DL-42 and DL-43 for judge/justice to complete.

5 DL-42 Notice of Hearing! Filed by the judge/justice and used to inform the defendant (dog owner) of a dangerous dog hearing. Contains the facts of the incident copied from the DL-41. Notice must be served to the dog owner (and the person that harbors the dog if located at a different address) not less than two (2) days prior to the hearing. The hearing must be held within five (5) days from the date that the complaint was filed with the judge/justice. DL-43 Dangerous Dog Disposition Order! Whether the judge's order is to spay/neuter microchip or destroy the dog, a date and time must be indicated to ensure that the order is carried out in a timely manner. Judge/justice may require written verification that the procedure was done if not witnessed by the DCO. If order is to evaluate, confine or restrain the dog, or to mai atn li ility insurance, additional conditions may be specifieti by the judge/justice. The municipal court must file a copy of this form with the department's Companion Animal Unit. The dog will then be designated as 'dangerous' in the licensing system (Section 78.6 of Title 1, DOG LICENSING Section 109! The owner of any dog reaching the age of four months shall immediately make application for a dog license to the clerk of the town or city in which the dog is harbored.* Village clerks may be approved to issue licenses by board resolution and Commissioner's approval.! * Exemptions:!! Dog under four months of age on the owner's premise and/or not running at large! Dog owned by a resident of any city with over two million residents (New York City) or non resident_of New York State, licensed according to the law of the area of residence and harbored in New York State for less than thirty (30) days! Dog confined to the premises of any public or private hospital, research institution or a Class "A" Dealer with a certificate of exemption from the Commissioner

6 ! NOTE: Shelters, animal rescues and foster homes are not exempt from the dog licensing law. To apply for a license, the owner must present to the clerk:! PROOF OF RABIES VACCINATION Or a LETTER OF EXEMPTION stating that the dog's life would be endangered by the vaccine. A licensed veterinarian must certify these statements. The licensing clerk must file a record of the statement with a copy of the license (Article 7, Section 109.3).! Rabies vaccination must still be valid at the beginning of the new license year.! Dogs that are exempt from a rabies vaccination must have a new letter of exemption from the vet every year.! SPAY/NEUTER CERTIFICATE from a licensed veterinarian or an affidavit (DL 33) from the owner to verify that the dog has been altered; unless this proof is already on file with the clerk.! If a certificate is not presented and there is no veterinarian statement exempting the animal from the surgery for health reasons, the applicant must pay an extra $3.00/yr for the NYS Animal Population Control Program (APCP) for each dog over four months of age.! PROOF OF REGISTRY of each breed for PUREBRED LICENSE applicants. See town clerk for the list of eligible registries.! A purebred license is not a "kennel" license.! Licensing municipalities may adopt a resolution to issue multiple year licenses. In order to post multi year licenses, the board resolution must be on file with the Department. Owners may then choose one, two or three year licensing for their pet with coinciding increase in fee. However, no refund will be issued if there is a change in the dog's status or can retroactive reimbursement be sought for a change in license fee. The rabies certificate must be valid for at least 30 days into the last year of the license.! The online Dog License Database is available to municipal licensing clerks. It is used to enter, renew, modify or search dog licenses and to file monthly reports with the Department. A user name and password is required to access the system.! spaying and neutering of dogs and any facility used as authorized under Section 117 of Article 7, and for subsidizing public humane education programs in responsible dog ownership.

7 ! Funds paid to the county may be used to pay for dog damage claims as set forth in Section 125.! Out of the State's share, a 10 fee for each license issued annually is remitted to the NYS College of Veterinary Medicine at Cornell to conduct studies into diseases of dogs, to search for and study viruses that affect man and animals, or to study and develop a contraceptive for dogs. IDENTIFICATION OF DOGS - Section 112! Each dog is assigned a permanent official identification (ID) number. The ID number cannot be used for any dog other than the one it was originally assigned to regardless of change in ownership.! The official ID number must be carried on an ID tag (prescribed by the commissionef* whiol*is a(fixed to the dog's collar at all times except while it is participating in a dog show. At the time a dog is first licensed one official ID tag is issued at no cost. A replacement tag must be obtained by the owner at their expense. See the licensing clerk for details. CHANGE OF OWNERSHIP; LOST OR STOLEN DOG Section 113! For any dog which has been assigned an official identification (license) number the owner of record must notify theme! within ten (10) days* of the following changes:! Dog is lost or stolen (return ID tag if available)! Change of address (owner of record)! Transfer of ownership! Dog is deceased (*report before or on receipt of renewal)! If moving to another municipality with the dog, the owner should notify both the original licensing agent and the agent (clerk) in the new municipality.! Upon transfer of ownership of a dog the new owner must immediately apply for a license as per Section 109. Although dog licenses are not transferable from one owner to the next, the owner of record will indicate transfer of ownership on the back of the license form (DL-2) and gives it to the new owner.! If the license number will not change The new owner pays the license fee and gets a full year from the date the new owner license is issued.

8 ! If the changes are sent through the issuing clerk the owner should obtain a receipt of such notification. The owner of record shall be liable for any violations of Article 7 until filing a change of information or until the dog is licensed in the name the new owner. ENUMERATION Section 1141! Any municipality in which licenses are issued may require its DCO or other authorized agent to ascertain and list all of the persons owning or harboring dogs in that municipality. The municipality may also contract out for these services.! An enumeration reminds dog owners of the licensing requirement in' the municipality. Before an enumeration is conducted, the public should be notified in the local newspaper or by postings throughout the community. This may prompt owners to obtain or renew their license before the "dog census" taes place.! Any person applying for a dog or purebred license for each unlicensed dog discovered during an enumeration shall pay an extra fee of five dollars. This fee becomes the property of the licensing! i) The adopter shall deposit with the animal shelter, etc., no less than $35 which shall be deposited in the animal population control fund established pursuant to section ninety seven xx of the state finance law. It will be refunded upon proof of alteration within 90 days of adoption for a sexually mature animal or within 60 days of the dog (or cat) turning six months of age* or! c) That because of old age or other health specific reasons a licensed veterinarian that examined the dog or cat certified that the procedure would endanger the animals' life.! All unredeemed deposits must be remitted (quarterly) to the APC voucher program. Use form APC-7 "Unredeemed Spay/Neuter Deposits Report".! 4) Any ADDITIONAL CONDITIONS if set forth by local law (Section 118.7) EUTHANASIA - If the dog is not redeemed by the owner within the required impoundment period and it is not adopted it may be euthanized.! Humane euthanasia must be carried out by methods currently approved by the AMERICAN VETERINARY MEDICAL ASSOCIATION GUIDELINES ON EUTHANASIA and by Article.6, Section 374 of the Ag & Mkts Law.

9 ! It shall be the duty of the dog control officer of any municipality to bring an action against any person who has committed within such municipality any violation set forth in Section! Owner to fail to license a dog! Owner to fail to have dog identified! Any person to affix improper ID tag to any dog! Owner or custodian to fail to confine, restrain or present a dog for any lawful purpose pursuant to Article 7! Any person to furnish false information on any required forms pursuant to Article 7! Owner or custodian to fail to exercise due diligence in handling a dog if it causes harm to aguide dog, hearing dog or service dog ENFORCEMENT/PROSECUTION! Any municipality may elect to prosecute such action as a violation under the penal (criminal) law or to commence an action to recover a civil penalty as set forth in Section ! If the municipality does not make the choice, the dog control officer may prosecute pursuant to the penal (criminal) law or as an action to recover a civil penalty. In order that all citizens enjoy equal protection of the law, all cases must be prosecuted by the same procedure (criminal or civil).! Laws are divided into sections, subdivisions and paragraphs that are the means by which violations are identified. Use these divisions to define the violation for the accused and the court.! Example:! For any owner to fail to license any dog the offense would be listed as: "Violation of Article 7, Section 109, Subdivision 1, Paragraph (a.)"! Violations leading to conviction will result in predetermined fines or civil penalties levied by an! appropriate judge. Judges must report all monies collected as "Article 7 fines (or penalties)"! The DCO should consult with municipal court officials to determine the proper procedures and forms that are required to commence a proceeding. The district attorney may also advise.