Legislation
SECTION 108
Definitions
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 7
§ 108. Definitions. As used in this article, unless otherwise
expressly stated or unless the context or subject matter requires
otherwise:
1. "Adoption" means the delivery to any natural person eighteen years
of age or older, for the limited purpose of harboring a pet, of any dog,
seized or surrendered, or any cat.
3. "Clerk" means the clerk of any county, town, city or village where
licenses are validated or issued pursuant to this article.
4. "Commissioner" means the state commissioner of agriculture and
markets.
5. "Dog" means any member of the species canis familiaris.
6. "Dog control officer" means any individual appointed by a
municipality to assist in the enforcement of this article or any
authorized officer, agent or employee of an incorporated humane society
or similar incorporated dog protective association under contract with a
municipality to assist in the enforcement of this article.
7. "Domestic animal" means any domesticated sheep, horse, cattle,
fallow deer, red deer, sika deer, whitetail deer which is raised under
license from the department of environmental conservation, llama, goat,
swine, fowl, duck, goose, swan, turkey, confined domestic hare or
rabbit, pheasant or other bird which is raised in confinement under
license from the state department of environmental conservation before
release from captivity, except that the varieties of fowl commonly used
for cock fights shall not be considered domestic animals for the
purposes of this article.
8. "Euthanize" means to bring about death by a humane method.
9. "Guide dog" means any dog that is trained to aid a person who is
blind and is actually used for such purpose, or any dog during the
period such dog is being trained or bred for such purpose.
10. "Harbor" means to provide food or shelter to any dog.
11. "Identification tag" means a tag issued by the licensing
municipality which sets forth an identification number, together with
the name of the municipality, the state of New York, contact
information, including telephone number, for the municipality and such
other information as the licensing municipality deems appropriate.
12. "Identified dog" means any dog carrying an identification tag as
provided in section one hundred eleven of this article.
13. "Municipality" means any county, town, city and village.
15. "Owner" means any person who harbors or keeps any dog.
16. "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. If
it cannot be determined in whose name any dog was last licensed or if
the owner of record has filed a statement pursuant to the provisions of
section one hundred twelve of this article, the owner shall be deemed to
be the owner of record of such dog, except that if the owner is under
eighteen years of age, the owner of record shall be deemed to be the
parent or guardian of such person.
17. "Person" means any individual, corporation, partnership,
association or other organized group of persons, municipality, or other
legal entity.
18. "Police work dog" means any dog owned or harbored by any state or
municipal police department or any state or federal law enforcement
agency, which has been trained to aid law enforcement officers and is
actually being used for police work purposes.
19. "Recognized registry association" means any registry association
that operates on a nationwide basis and issues numbered registration
certificates.
20. "War dog" means any dog which has been honorably discharged from
the United States armed services.
21. "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.
22. "Service dog" means any dog that has been or is being individually
trained to do work or perform tasks for the benefit of a person with a
disability.
23. "Person with a disability" means any person with a disability as
that term is defined in subdivision twenty-one of section two hundred
ninety-two of the executive law.
24. (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.
(b) "Dangerous dog" does not include a police work dog, as defined in
subdivision eighteen of this section, which acts in the manner described
in this paragraph while such police work dog is being used to assist one
or more law enforcement officers in the performance of their official
duties.
25. "Working search dog" means any dog that is trained to aid in the
search for missing persons and is actually used for such purpose.
26. "Therapy dog" means any dog that is trained to aid the emotional
and physical health of patients in hospitals, nursing homes, retirement
homes and other settings and is actually used for such purpose, or any
dog during the period such dog is being trained or bred for such
purpose, and does not qualify under federal or state law or regulations
as a service dog.
27. "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.
28. "Physical injury" means impairment of physical condition or
substantial pain.
29. "Serious physical injury" means physical injury which creates a
substantial risk of death, or which causes death or serious or
protracted disfigurement, protracted impairment of health or protracted
loss or impairment of the function of any bodily organ.
expressly stated or unless the context or subject matter requires
otherwise:
1. "Adoption" means the delivery to any natural person eighteen years
of age or older, for the limited purpose of harboring a pet, of any dog,
seized or surrendered, or any cat.
3. "Clerk" means the clerk of any county, town, city or village where
licenses are validated or issued pursuant to this article.
4. "Commissioner" means the state commissioner of agriculture and
markets.
5. "Dog" means any member of the species canis familiaris.
6. "Dog control officer" means any individual appointed by a
municipality to assist in the enforcement of this article or any
authorized officer, agent or employee of an incorporated humane society
or similar incorporated dog protective association under contract with a
municipality to assist in the enforcement of this article.
7. "Domestic animal" means any domesticated sheep, horse, cattle,
fallow deer, red deer, sika deer, whitetail deer which is raised under
license from the department of environmental conservation, llama, goat,
swine, fowl, duck, goose, swan, turkey, confined domestic hare or
rabbit, pheasant or other bird which is raised in confinement under
license from the state department of environmental conservation before
release from captivity, except that the varieties of fowl commonly used
for cock fights shall not be considered domestic animals for the
purposes of this article.
8. "Euthanize" means to bring about death by a humane method.
9. "Guide dog" means any dog that is trained to aid a person who is
blind and is actually used for such purpose, or any dog during the
period such dog is being trained or bred for such purpose.
10. "Harbor" means to provide food or shelter to any dog.
11. "Identification tag" means a tag issued by the licensing
municipality which sets forth an identification number, together with
the name of the municipality, the state of New York, contact
information, including telephone number, for the municipality and such
other information as the licensing municipality deems appropriate.
12. "Identified dog" means any dog carrying an identification tag as
provided in section one hundred eleven of this article.
13. "Municipality" means any county, town, city and village.
15. "Owner" means any person who harbors or keeps any dog.
16. "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. If
it cannot be determined in whose name any dog was last licensed or if
the owner of record has filed a statement pursuant to the provisions of
section one hundred twelve of this article, the owner shall be deemed to
be the owner of record of such dog, except that if the owner is under
eighteen years of age, the owner of record shall be deemed to be the
parent or guardian of such person.
17. "Person" means any individual, corporation, partnership,
association or other organized group of persons, municipality, or other
legal entity.
18. "Police work dog" means any dog owned or harbored by any state or
municipal police department or any state or federal law enforcement
agency, which has been trained to aid law enforcement officers and is
actually being used for police work purposes.
19. "Recognized registry association" means any registry association
that operates on a nationwide basis and issues numbered registration
certificates.
20. "War dog" means any dog which has been honorably discharged from
the United States armed services.
21. "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.
22. "Service dog" means any dog that has been or is being individually
trained to do work or perform tasks for the benefit of a person with a
disability.
23. "Person with a disability" means any person with a disability as
that term is defined in subdivision twenty-one of section two hundred
ninety-two of the executive law.
24. (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.
(b) "Dangerous dog" does not include a police work dog, as defined in
subdivision eighteen of this section, which acts in the manner described
in this paragraph while such police work dog is being used to assist one
or more law enforcement officers in the performance of their official
duties.
25. "Working search dog" means any dog that is trained to aid in the
search for missing persons and is actually used for such purpose.
26. "Therapy dog" means any dog that is trained to aid the emotional
and physical health of patients in hospitals, nursing homes, retirement
homes and other settings and is actually used for such purpose, or any
dog during the period such dog is being trained or bred for such
purpose, and does not qualify under federal or state law or regulations
as a service dog.
27. "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.
28. "Physical injury" means impairment of physical condition or
substantial pain.
29. "Serious physical injury" means physical injury which creates a
substantial risk of death, or which causes death or serious or
protracted disfigurement, protracted impairment of health or protracted
loss or impairment of the function of any bodily organ.