§ 404. Located across from Penn Station in Midtown-Manhattan, in New York City, Raphaelson & Levine Law Firm is the voice of the injured. 2. Search Cornell; Cornell ... (716) 994-0787 Albany Law School Union College and US Navy Nuclear Power School New … Amended L.1978, c. 221, § 3; L.1980, c. 714, §§ 6, 7; L.1984, c. 28, § 3; L.1986, c. 404, § 8; L.1995, c. 473, § 7; L.2000, c. 263, § 2, eff. Any animal in the custody of a pound or shelter shall be made available for adoption or euthanized subject to subdivisions six, eight and nine of this section and subject to the provisions of section three hundred seventy-four of this chapter after the time for redemption has expired; provided, however, that such release may be made to another such pound, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated animal protective association for the sole purpose of placing such animal in an adoptive home, when such action is reasonably believed to improve the opportunity for adoption. 111, 396, 465; L.1956, c. 503, § 3; L.1956, c. 575; L.1957, cc. 9. 1. Each town and city, and each village in which licenses are issued shall, and any other village and any county may, establish and maintain a pound or shelter for dogs. Rabies; services and expenses of suppression, § 601 . The applicant shall satisfy the commissioner of his or her character and responsibility and shall set forth such information as the commissioner shall require, including but not limited to the following: (a) Proof of the applicant's tax exempt designation pursuant to paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code, 26 U.S.C. Provided, however, nothing in this section shall prohibit the purchase of a dog or cat through an unsecured personal loan, nor be construed to limit the enforcement of other provisions of this article, article twenty-six-a of the agriculture and markets law or other rights or remedies which are otherwise available to all parties under any other law. The statement shall be valid for fourteen business days following examination of the dog by the veterinarian. State dogThe working dog shall be the official dog of the state. 4. Nov. 1, 2000; L.2002, c. 39, § 1, eff. In the case of a loss or theft, the owner of record of any such dog shall not be liable for any violation of this article committed after such report is filed. A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for sale unless the animal is clinically ill due to such condition. Jan. 1, 2011. Jan. 10, 2014.). 7. 9). If an animal is not claimed by its owner within five days after being so delivered to such duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or pound, such animal may at any time thereafter be placed for adoption in a suitable home or euthanized in accordance with the provisions of section three hundred seventy-four of this chapter. “War dog” means any dog which has been honorably discharged from the United States armed services. ), § 505-a. L.1978, c. 220, § 1, eff. Any municipality enacting a local law or ordinance as authorized by this section shall further provide for the regulation of such facility with respect to the terms and conditions, including compensation, under which any animal will be maintained while the animal remains in the custody of the facility. Amended L.2012, c. 110, § 6, eff. Jan. 1, 1980], [§ 120-a. 27. Amended L.1980, c. 843, § 114; L.1997, c. 530, § 4, eff. T, § 8, eff. 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. (e) [Eff. The American Kennel Club … During normal business hours, the records shall be made available to persons authorized by law to enforce the provisions of this article. The commissioner by regulations shall prescribe information which shall be provided in writing by the pet dealer to the consumer upon the sale of the animal. The location of such designated area must be such as to prevent or reduce the spread of disease to healthy animals and must otherwise meet all housing requirements of this section. The provisions of this article may be enforced concurrently by the department and by the county or city to which the commissioner has delegated his or her licensing and inspection authority pursuant to section four hundred three and four hundred five of this article, and all moneys collected thereunder shall be retained by such municipality or local government. 501, or any subsequent corresponding sections of the federal Internal Revenue Code, as from time to time amended; (b) Proof of the applicant's incorporation as a not-for-profit organization in this state pursuant to the not-for-profit corporation law, provided further that such organization is in good standing with the attorney general and the department of state; (c) Proof of the applicant's registration with the attorney general pursuant to article seven-A of the executive law; (d) The name of the applicant and the name or names under which the applicant offers its services to the public, any name under which the applicant has offered its services to the public during the past five years, and whether the applicant has ever held a license issued pursuant to this article; (e) The address and telephone number of the applicant and for any other premise owned or leased by such applicant's organization to carry out the purposes for which it was incorporated and by which it may be eligible for a licensing exemption pursuant to this section; (f) The website and email address of the applicant; (g) The number of animals taken in, adopted, placed into permanent or temporary homes, or otherwise transferred into, out of, or within the state by the applicant during the prior calendar year; (h) The number of animals currently harbored by the applicant; (i) The species of animal the applicant typically harbors for adoption, placement or transfer; (j) A description of facilities by which the applicant carries out the purposes for which it was incorporated, including a statement regarding whether the applicant harbors the animals in its care in its own physical animal shelter or utilizes foster homes, commercial boarding kennels or other arrangements; and. 2. 4. T, § 21, eff. 15. In reviewing the plans, the entity shall consider the following criteria: the method of providing low-cost spay-neuter services, including an anticipated fee schedule for such services, the size and need of the population served, the plan for outreach and promotion of such services, experience in providing low-cost spay-neuter services and cost-effectiveness of the overall plan. 5. If any dog, which is not confined as required by such order, shall attack, chase or worry any deer, any dog control officer, peace officer, acting pursuant to his special duties, or police officer upon witnessing the same, shall destroy, or seize and destroy, such dog, and no liability in damages or otherwise shall be incurred on account of such destruction. 19. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the official identification number of such dog, if any, the location where seized, the reason for seizure, and the owner's name and address, if known. 3. a. Migratory game birds shall be taken only as permitted by regulations of the department adopted pursuant to section 11-0307. b. 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. Notwithstanding any other provision of law to the contrary, in the city of New York, such appearance tickets may be returnable to the environmental control board which shall have the power to impose the civil penalties herein provided. (iii) Any grants made pursuant to this section may be discontinued if it is found by the administrative entity that funds previously disbursed were not used for their intended purpose or that services performed were not provided according to the terms and conditions as the administrative entity shall provide. 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. Compare and research animal & dog attorneys in New York on LII. Where an open season, set forth in the table of open seasons in section 11-0907 of this title or otherwise established by law or fixed by regulation, is specified as an open season for taking such game by shotgun or long bow only, or is specified as an open season for taking such game by long bow only, they shall not be taken except as so specified. Employment Lawyers in Albany on YP.com. Nothing in this section shall prohibit the commissioner from taking additional actions as otherwise permitted by this section regarding such licenses prior to the occurrence of three consecutive inspections in which the licensee has failed to correct deficiencies of a critical nature. Call (518) 209-2136 Kantrowitz, Goldhamer & Graifman, P.C. In no event, however, shall the use of a decompression chamber or decompression device of any kind be used for the purpose of destroying or disposing of such animal. 4. § 209-cc. (Added L.1961, c. 328. ), § 116. T, § 20, eff. (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. A field trial may be held on liberated game, liberated artificially propagated game, led or confined game legally possessed, or on wild game on a licensed dog training area at any time without license, provided such game is not taken by shooting or otherwise killed; and, on areas other than a licensed dog training area, such field trials may be held on wild game from August 16 to April 15 without license, or at such other times when licensed by the department from April 16 to August 15. b. Primary enclosures must be cleaned daily and sanitized at least once every two weeks by washing all soiled surfaces with appropriate detergent solutions and disinfectant or by using a combination detergent or disinfectant product that accomplishes the same purpose with a thorough cleaning of the surfaces to remove excreta, feces, hair, dirt, debris and food waste to permit effective sanitization, followed by a clean water rinse. Sept. 17, 2002. Who Pays Medical Bills After a Car Accident in New York? Repealed by L.2018, c. 36, § 2, eff. No person, for the purpose of or while hunting, trapping or fishing, shall without the permission of the owner, lessee or lawful occupant enter upon the land of another and while thereon kill or injure any dog, livestock or domestic fowl, or cut, destroy or damage any bars, gates or fence or any part thereof, or deface or damage any vehicle, farm equipment, buildings or appurtenances to the land, resulting in damage to the owner or occupant of the land or of the dog, livestock, domestic fowl, bars, gates, fences, vehicles, equipment, buildings or appurtenances to the land. The laws about dog ownership vary from state to state, municipality to municipality. Every pet dealer shall deliver to the purchaser of an animal, at the time of sale, a written statement in a standardized form prescribed by the commissioner of agriculture and markets containing the following information: (a) The breeder's and, if applicable, broker's name and address, if known, or, if not known, the source of the cat. Sept. 17, 2002; L.2004, c. 392, § 4, eff. 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. 1. 5. Amended L.1979, c. 189, § 3; L.1981, c. 57, § 1. Ventilation shall be established to minimize drafts, odors, and moisture condensation. Agriculture and Markets Law; General Business Law; General Municipal Law; General Obligations Law; Lien Law; Public Health Law; Town Law; Vehicle and Traffic Law; and Environmental Conservation Law. 5. Jan. 1, 2011.). (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. âWhat steps should be taken after a dog bite? Oct. 9, 2010; L.2010, c. 449, § 1, eff. Repealed. 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. 3. July 7, 2008. 3. 6. (d) verifying terms of confinement, observation and quarantines, (e) authorized human postexposure treatment under the conditions hereinafter specified, except that third party coverage or indemnification shall first be applied against the cost of treatment, and. Licensing of dogs; rabies vaccination requirement. 5. ), § 399-aa. Albany police Officer Kyle Haller and Albany police therapy dog Maxie interact with the public in this undated photo. A municipality offering a license for any guide dog, service dog, hearing dog, therapy dog or detection dog may issue a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag required by subdivision one of this section. Exemption from civil liability, § 123-b . Any municipality may, by local law or ordinance, provide for the establishment and operation of a facility to provide services for the alteration of the reproductive capacity through spaying or neutering of dogs and cats owned by the residents thereof. Any person over the age of twenty-one years possessing a hunting license may, and environmental conservation officers and peace officers, acting pursuant to their special duties, or police officers shall humanely destroy cats at large found hunting or killing any protected wild bird or with a dead bird of any protected species in its possession. (a) the term “emergency services personnel” means fire, police, and ambulance personnel. New York statutes give someone who witnesses a dog attack or threatened attack to make a complaint to a dog control officer or police officer of their appropriate municipality. The commissioner shall be responsible for training such teams established pursuant to this section to ensure response during emergencies and disasters. The trigger unit of such crossbow must have a working safety. T, § 1, eff. VIII A Law for regulating Negroes Mulattos and other Slaves in the City of Albany. 5. 2. The town clerk shall give notice of such hearing by the publication of a notice in at least one newspaper circulating in the town, specifying the time when and the place where such hearing will be held, and in general terms describing the proposed ordinance. 1. 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. [FN1] So in original ("changes" should be "charges"). Amended L.1979, c. 160, § 2; L.1980, c. 843, § 123; L.1983, c. 109, § 1; L.1986, c. 533, § 1; L.1990, c. 911, §§ 27, 28; L.2006, c. 610, § 1, eff. The Albany County Health Department would like to make Albany County residents aware of the rabies control laws in New York State, and to reiterate the importance of vaccinating domestic animals against the deadly disease. Compensation for harm to a guide, hearing or service dog. 23. These provisions are designed to ensure that guard dogs are known by fellow New Yorkers, which can help cut down on the risk of dangerous dog encounters. Surfaces shall have an impervious surface so as not to permit the absorption of fluids and which can be thoroughly and repeatedly cleaned and disinfected without retaining odors. 6. 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. 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. (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. The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats thereby reducing incidence of euthanasia and potential threats to public health and safety posed by the large population of these animals. (c) provide for the issuance pursuant to the criminal procedure law of an appearance ticket, or in lieu thereof, a uniform appearance ticket, or in lieu thereof, a uniform appearance ticket and simplified information, as provided in section one hundred thirteen of this article, by any dog control officer, peace officer, acting pursuant to his special duties, or police officer, who is authorized by any municipality to assist in the enforcement of this article for any such violation. (a) The administrative entity chosen by the commissioner shall review plans submitted for approval and funding of low-cost spay-neuter programs and award grants for the animal population control fund for implementation of such plans. New York State defines serious injury as one that: If you believe an owner's actions have caused you to suffer from a dog bite or a dog attack, you need to take steps to protect your legal rights allowed under New York State law. Nov. 1, 1993. 1. “Detection dog” means any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband. Dogs may be trained on artificially propagated game which is shackled, or led or confined game, legally possessed, or on training dummies or other artificial devices at any time on lands owned or leased by the owner or trainer of the dog or on lands for which he has written permission of the owner or lessee, provided such training is done in a manner to preclude any disturbances injurious to wildlife. Jan. 27, 2014; L.2018, c. 272, § 2, eff. Such certification shall be presented to the pet dealer not later than three business days following receipt thereof by the consumer. 15. If the dog is from a United States department of agriculture licensed source, the individual identifying tag, tattoo, or collar number for that animal. 3. (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. (vi) [Eff. (e) In the event an animal is returned to a pet dealer due to a congenital or hereditary condition, illness, or disease requiring veterinary care, the pet dealer shall, without undue delay, provide the animal with proper veterinary care. Feb. 12, 2001. “Owner of record” means the person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person. 3. “Hearing dog” means any dog that is trained to aid a person who is deaf or hard of hearing and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. 2. If any dog shall, without justification, attack a person, or behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury to a person, when such person is peaceably conducting himself in a place where he may lawfully be, such person or any other person witnessing the attack or threatened attack may destroy such dog while so attacking, and no liability in damages or otherwise shall be incurred on account of such destruction. Oct. 16, 2012; L.2014, c. 536, § 4, eff. Oct. 9, 2010. Aug. 16, 2006.). Credits (Added L.1995, c. 473, § 6. The school offers J.D. Nov. 20, 2002; L.2005, c. 269, §§ 1, 2, eff. The indoor facilities housing the animals shall be provided with adequate lighting sufficient to permit routine inspection and cleaning and be arranged so that each animal is protected from excessive illumination which poses a health hazard to the animal. Municipalities which issue purebred licenses shall remit such surcharge collected to the commissioner. Credits(Added L.2015, c. 571, § 1, eff. April 1, 1997.). Wild deer and bear shall not be taken in water. Credits(L.1959, c. 775. (Formerly § 742, added L.1988, c. 431, § 1, eff. 3. Cats hunting birds; dogs pursuing deer or killing other wildlife in certain areas, § 11-2117 . Such program of veterinary care shall include: (i) The availability of appropriate facilities, personnel, equipment, and services to comply with the provisions of this article; (ii) The use of methods determined to be appropriate by the attending veterinarian to prevent, control, and respond to diseases and injuries, and the availability of emergency, weekend, and holiday care; (iii) Daily observation of all animals to assess their health and well-being; provided, however, that daily observation of animals may be accomplished by someone other than the attending veterinarian who has received the guidance identified in subparagraph (iv) of this paragraph; and provided, further, that a mechanism of direct and frequent communication is required so that timely and accurate information on problems of animal health, behavior, and well-being is conveyed to the attending veterinarian; (iv) [Eff. Further, a guard dog is required to wear their dog license tag as well as their City-issued guard dog tag on their collar. (Added L.1978, c. 220, § 2. Amended L.2013, c. 256, § 1, eff. 4. Amended L.2013, c. 251, § 1, eff. 2. 5. Traps shall not be used except as permitted in title 5 or title 11 of the Fish and Wildlife Law. 2. 2. ), § 115. Note: Please see your local municipality’s leash law. Any listing of costs in clinic announcements or advertisements must indicate that vaccinations are available free of charge, and that donations are optional. Nov. 12, 2017. 13. New York’s Civil Rights Law requires public facilities to allow guide dogs, service dogs, and hearing dogs. 2. Skunk, raccoon, bobcat, mink and muskrat shall not be taken by the use of smoke, chemicals, gas or poison. 6. Jan. 1, 2005; L.2010, c. 58, pt. Amended L.2010, c. 59, pt. (f) Notification that dogs residing in New York state must be licensed, and that a license may be obtained from the municipality in which the dog resides. If the dog is deemed dangerous, the owner of a "dangerous dog" will be strictly liable for all medical costs resulting from injuries caused by the dog. Jan. 1, 1980], § 115 . Notwithstanding the foregoing, a pet dealer, in operation on or before the effective date of this section, [FN1] who has filed an application for an initial license under this article shall be authorized to operate without such license until the commissioner grants or, after notice and opportunity to be heard, declines to grant such license. ), § 11-2117. This sizable grassy space offers Fidos of all sizes a fenced area to run and play off leash. In awarding the contract, the commissioner must consider the following criteria with respect to each applicant: its experience in providing low-cost spay-neuter services, the scope of services it provides, the length of time it has been operating, its financial history, its demonstrated ability to work with outside organizations and community groups, and the proposed cost of administering and promoting the program. Jan. 1, 1999; L.2000, c. 263, § 1, eff. In the absence of a county animal population control program, entities described below within such county may, pursuant to subdivision two of this section, apply for funds from the animal population control fund described in section ninety-seven-xx of the state finance law for the sole purpose of providing low-cost spay and neuter services in their service area. Amended L.2004, c. 392, § 6, eff. Acknowledged: Date: Purchaser's Signature.". Such delegation shall be pursuant to an agreement entered into by the commissioner and such city or county. 11. Any pet dealer who states, promises, or represents that an animal is registered or capable of registration with an animal pedigree registry organization shall provide the purchaser with the appropriate documents necessary for such registration within one hundred twenty days following sale of the animal. At the time of sale, each pet dealer shall provide the purchaser with information on the value of spaying and neutering of dogs and cats. (Added L.2000, c. 259, § 4. Whenever cottontail rabbits are injuring property on occupied lands, the department, on request of the owner or occupant of such lands, may issue a permit to use ferrets, fitch-ferrets or fitch to take them if it is satisfied there exists sufficient damage to warrant its issuance. Payments against such grants shall be advanced quarterly. 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