S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1939
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   seizure of a dangerous dog
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 123 of the agriculture and markets
 law, as amended by section 18 of part T of chapter 59  of  the  laws  of
 2010, is amended to read as follows:
   2.  (A) Any person who witnesses an attack or threatened attack, or in
 the case of a minor, an adult acting on behalf of such minor,  may,  and
 any dog control officer or police officer as provided in subdivision one
 of this section shall, make a complaint under oath or affirmation to any
 municipal  judge or justice of such attack or threatened attack.  There-
 upon, the judge or justice shall immediately determine if there is prob-
 able cause to believe the dog is a dangerous dog and, if so, [shall] MAY
 issue an order to any dog control officer, peace officer, acting  pursu-
 ant to his or her special duties, or police officer directing such offi-
 cer  to  immediately  seize  such dog and hold the same pending judicial
 determination as provided in this section. Whether or not the  judge  or
 justice finds there is probable cause for such seizure, he or she shall,
 within  five  days  and upon written notice of not less than two days to
 the owner of the dog, hold a hearing on the  complaint.  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 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)] (I) evaluation of the dog by a certified applied behaviorist,  a
 board  certified veterinary behaviorist, or another recognized expert in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06173-01-9

 A. 1939                             2
 
 the field and completion of training or other treatment as deemed appro-
 priate by such expert. The owner of the dog shall be responsible for all
 costs associated  with  evaluations  and  training  ordered  under  this
 section;
   [(b)]  (II) secure, humane confinement of the dog for a period of time
 and in a manner deemed appropriate by the court but in all instances  in
 a  manner  designed  to:  (1) prevent escape of the dog, (2) protect the
 public from unauthorized contact with the dog, and (3)  to  protect  the
 dog from the elements pursuant to section three hundred fifty-three-b of
 this  chapter.  Such  confinement  shall  not include lengthy periods of
 tying or chaining;
   [(c)] (III) restraint of the dog on a leash by an adult  of  at  least
 twenty-one years of age whenever the dog is on public premises;
   [(d)]  (IV)  muzzling  the  dog whenever it is on public premises in a
 manner that will prevent it from biting any person or animal,  but  that
 shall not injure the dog or interfere with its vision or respiration; or
   [(e)]  (V)  maintenance  of  a liability insurance policy in an amount
 determined by the court, but in no event in excess of one hundred  thou-
 sand  dollars  for  personal injury or death resulting from an attack by
 such dangerous dog.
   (B) IF THE JUDGE OR JUSTICE FINDS THAT PROOF  OF  COMPLIANCE  WITH  AN
 ORDER  OF THE COURT PURSUANT TO THIS SUBDIVISION OR SUBDIVISION THREE OF
 THIS SECTION IS NECESSARY FOR THE PROTECTION OF THE PUBLIC, THE JUDGE OR
 JUSTICE MAY ISSUE AN ORDER TO ANY DOG  CONTROL  OFFICER,  PEACE  OFFICER
 ACTING  PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER DIRECT-
 ING SUCH OFFICER TO IMMEDIATELY SEIZE THE DOG AND HOLD  THE  SAME  UNTIL
 SUCH  TIME AS THE OWNER HAS PRODUCED PROOF OF COMPLIANCE SATISFACTORY TO
 THE COURT.
   § 2. This act shall take effect immediately.