(646) 983-2670 Charlie@luckydog.nyc

1) Any person that witnesses an attack or threatened attack upon a person, companion animal, farm animal, or domestic animal may file a report this to a dog control officer.

2) If a complaint is made, a judge will determine if the dog is dangerous.  If the dog is determined to be dangerous, the dog shall be seized.  If the dog is seized, then in no less than two days and no more than five days, a hearing will be held.  If the dog is determined to be dangerous, the dog shall be altered, as well as evaluation by a behaviorist, whose expenses will be covered by the owner, confinement of the dog that provides safety, prevents escape, protect the public from the dog, protect the dog from the elements.  Such confinement will not include lengthy periods of tying or chaining and will include restraint by an adult by leash, muzzling when it is in public, where the muzzling will injure the dog or interfere with respiration or eyesight.  A dog that is deemed dangerous and in the care of the municipality will maintain a liability insurance policy not to exceed one hundred thousand dollars for personal injury or death from an attack of said dog.

3) Upon finding the dog to be dangerous, a judge may order euthanasia or permanent confinement for the dog.  This will occur if that dog, without justification attacked a dog causing serious personal injury or death or the dog is known to have a history or attacks causing serious injury or death or the dog causes serious injury or death of a companion animal or farm animal or domestic animal or has a history of such in the last two years.  An order of euthanasia will not be carried out for a period of thirty days so that an appeal can be carried out unless the owner waives that right.

4) A dog will not be deemed dangerous if the dog was justified by threat or injury or damage who was committing a crime or offense upon the owner or property of the owner or the animal was being or in the past had been tormented, abusing, assaulting, or physically threatening the animal or its offspring.

5) An owner of a dangerous dog may appeal.  The civil court will dictate the terms of this appeal.  If an appeal is made, it will automatically stay any order of euthanasia until final determination.

6) Any owner that allows his dog to bite a person, service, guide, or hearing dog, through act or omission, resulting in serious injury or death, shall be subject to civil penalty not to exceed four hundred dollars, in addition to other penalties.  Any owner that allows his dog to bite a person, through act or omission, resulting in serious injury or death, shall be subject to civil penalty not to exceed one thousand five hundred dollars, in addition to other penalties.  Any penalty will be reduced by any amount that is paid as restitution, by the owner, for reimbursed medical expenses, lost earning, or other damages from such injuries.

8) The owner of any dog who , through act or omission, permits a dog that has previously been determined to be dangerous to bite a person causing serious injury shall be guilty of a misdemeanor punishable by a fine of not more than three thousand dollars or imprisonment for not more than ninety days or both, as well as other penalties.

9) If any dog that has been previously determined to be dangerous and kills or causes the death of a person, where they should lawfully be, without justification, the owner will be charged with a class A misdemeanor.

10) The owner of a dog that has been previously deemed dangerous, except in subdivision four and eleven in this section, is liable for medical costs resulting in injury 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 if the dog is coming to aid or defense of a person curing the commission or attempted commission of murder, robbery, burglary, arson, or rape or the kidnapping within the dwelling or real property of the owner of the dog.