S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2105

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. HOOP-
  ER, MILLER -- read once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and  the  administrative
  code  of  the  city of New York, in relation to banning dangerous dogs
  from certain homes with children

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 121 of the agriculture and markets law is amended
by adding a new subdivision 2-a to read as follows:
  2-A. NO PERSON SHALL OWN OR HARBOR A DANGEROUS DOG IN A DWELLING WHERE
CHILDREN UNDER THE AGE OF TWELVE RESIDE. (A) FOR PURPOSES OF THIS SUBDI-
VISION, A DANGEROUS DOG SHALL ALSO INCLUDE ANY  DOG  THAT  IS  ACQUIRED,
RAISED,  OR  MAINTAINED  FOR  FIGHTING,  GUARDING,  PROTECTING  OR IMAGE
ENHANCEMENT; OR TRAINED, PERMITTED OR ENCOURAGED TO BEHAVE AGGRESSIVELY.
  (B) A VIOLATION OF THIS SUBDIVISION SHALL BE DEEMED A MISDEMEANOR  AND
SUBJECT  TO  A  PENALTY IN THE SUM OF NOT MORE THAN FIVE HUNDRED DOLLARS
FOR THE FIRST VIOLATION, NOR MORE THAN ONE THOUSAND DOLLARS OR IMPRISON-
MENT OF NOT MORE THAN SIX MONTHS, OR BOTH, FOR  A  SECOND  OFFENSE,  AND
EACH  SUBSEQUENT VIOLATION WITHIN A FIVE YEAR PERIOD SHALL BE SUBJECT TO
A FINE OF ONE THOUSAND DOLLARS AND A PERIOD OF IMPRISONMENT OF NOT  MORE
THAN ONE YEAR.
  S 2. Subdivision c of section 17-342 of the administrative code of the
city of New York, as added by local law number 2 of the city of New York
for the year 1991, is amended to read as follows:
  c. "Dangerous dog" means (1) any dog that when unprovoked, approaches,
or  menaces  any  person  in a dangerous or terrorizing manner, or in an
apparent attitude of attack, upon the streets, sidewalks, or any  public
grounds  or  places; or (2) any dog with a known propensity, tendency or
disposition to attack when unprovoked, to cause injury or  to  otherwise
endanger  the safety of human beings or domestic animals; or (3) any dog
which bites, inflicts injury, assaults  or  otherwise  attacks  a  human

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05347-01-9
              

A. 2105                             2

being  or domestic animal without provocation on public or private prop-
erty; or (4) any dog owned or harbored primarily  or  in  part  for  the
purpose  of dog fighting, GUARDING, PROTECTING, OR IMAGE ENHANCEMENT; OR
ANY DOG TRAINED, PERMITTED, OR ENCOURAGED TO BEHAVE AGGRESSIVELY; or any
dog trained for dog fighting.
  S 3. Section 17-343 of the administrative code of the city of New York
is amended by adding a new subdivision c to read as follows:
  C.  NO  PERSON SHALL OWN OR HARBOR A DANGEROUS DOG IN A DWELLING WHERE
CHILDREN UNDER THE AGE OF TWELVE RESIDE.
  S 4. Section 17-350 of the administrative code of the city of New York
is amended by adding a new subdivision d to read as follows:
  D. IN ADDITION TO THE PENALTIES PRESCRIBED BY SUBDIVISION  A  OF  THIS
SECTION, ANY PERSON WHO IS FOUND TO HAVE REPEATEDLY VIOLATED SUBDIVISION
C OF SECTION 17-343 OF THIS SUBCHAPTER OR ANY RULE OR REGULATION PROMUL-
GATED  HEREUNDER,  SHALL BE SUBJECT TO A FINE OF NOT MORE THAN ONE THOU-
SAND DOLLARS OR BY IMPRISONMENT OF NO MORE THAN SIX MONTHS, OR BOTH, FOR
A SECOND OFFENSE; AND EACH SUBSEQUENT VIOLATION WITHIN A FIVE YEAR PERI-
OD SHALL BE SUBJECT TO A FINE OF ONE THOUSAND DOLLARS AND  A  PERIOD  OF
IMPRISONMENT OF NOT MORE THAN ONE YEAR.
  S  5.  Section  17-351  of  the administrative code of the city of New
York, as added by local law number 2 of the city of  New  York  for  the
year 1991, is amended to read as follows:
  S 17-351 Enforcement. Authorized officers, veterinarians and employees
of the department, EMPLOYEES OF THE LOCAL SOCIAL SERVICES DISTRICTS, and
of  the  police  department,  and  any  other  persons designated by the
commissioner, shall be empowered  to  enforce  the  provisions  of  this
subchapter or any rule or regulation promulgated hereunder.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.