Legislation
SECTION 209-CC
Notification of presence of wild animals and dangerous dogs
General Municipal (GMU) CHAPTER 24, ARTICLE 10
§ 209-cc. Notification of presence of wild animals and dangerous dogs.
1. The knowledge of the presence of dangerous wild animals, and
dangerous dogs, in the context of emergency services responses, is
necessary to protect public safety and the safety of emergency services
personnel.
2. As used in this section:
(a) the term "emergency services personnel" means fire, police, and
ambulance personnel.
(b) the term "person" means any individual, partnership, corporation,
association, or other entity.
(c) the term "wild animal" means any or all of the following orders
and families:
(1) Nonhuman primates and prosimians;
(2) Felidae (with the exception of domesticated cats);
(3) Canidae (with the exception of domesticated dogs);
(4) Ursidae;
(5) All venomous snakes and all constrictors and python snakes that
are ten feet or greater in length; and
(6) Crocodilia that are five feet or greater in length.
(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.
3. The state fire administrator, in consultation with the department
of environmental conservation, shall develop and maintain a list of the
common names of wild animals to be reported.
4. Except for pet dealers as defined in section seven hundred
fifty-two-a of the general business law and zoological facilities and
other exhibitors licensed pursuant to title 7 U.S.C. sections 2133 and
2134, and in the case of dangerous dogs except for licensed
veterinarians in temporary possession of such dogs, every person owning,
possessing, or harboring a wild animal or a dangerous dog within this
state shall report the presence thereof to the clerk of the city, town,
or village in which such wild animal or dangerous dog is owned,
possessed, or harbored. Such report shall be filed annually on a date to
be determined by the state fire administrator in the manner prescribed
by the state fire administrator. A separate report shall be filed for
each street address at which any such wild animal or dangerous dog may
be found.
5. Such clerk shall forward a copy of such report to each state police
troop, county sheriff, and municipal police agency having jurisdiction
over the location of such wild animal or dangerous dog. A copy thereof
shall also be forwarded to each fire department, fire corporation, or
fire company serving such location and to each ambulance or emergency
medical service department, ambulance corporation, or ambulance or
emergency medical service company serving such location. In lieu of
forwarding a copy of each report, the clerk may compile the contents of
the several reports, and forward the compilation.
6. Any person who fails to report the presence of a wild animal or
dangerous dog as required in this section shall be subject to a civil
penalty of not more than two hundred fifty dollars for the first
offense, and upon being found guilty of a second or subsequent offense,
by a civil penalty of not less than two hundred fifty dollars or more
than one thousand dollars. Except as otherwise provided by law, such a
violation shall not be a crime and the penalty or punishment imposed
therefor shall not be deemed for any purpose a criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of a person found guilty
thereof.
1. The knowledge of the presence of dangerous wild animals, and
dangerous dogs, in the context of emergency services responses, is
necessary to protect public safety and the safety of emergency services
personnel.
2. As used in this section:
(a) the term "emergency services personnel" means fire, police, and
ambulance personnel.
(b) the term "person" means any individual, partnership, corporation,
association, or other entity.
(c) the term "wild animal" means any or all of the following orders
and families:
(1) Nonhuman primates and prosimians;
(2) Felidae (with the exception of domesticated cats);
(3) Canidae (with the exception of domesticated dogs);
(4) Ursidae;
(5) All venomous snakes and all constrictors and python snakes that
are ten feet or greater in length; and
(6) Crocodilia that are five feet or greater in length.
(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.
3. The state fire administrator, in consultation with the department
of environmental conservation, shall develop and maintain a list of the
common names of wild animals to be reported.
4. Except for pet dealers as defined in section seven hundred
fifty-two-a of the general business law and zoological facilities and
other exhibitors licensed pursuant to title 7 U.S.C. sections 2133 and
2134, and in the case of dangerous dogs except for licensed
veterinarians in temporary possession of such dogs, every person owning,
possessing, or harboring a wild animal or a dangerous dog within this
state shall report the presence thereof to the clerk of the city, town,
or village in which such wild animal or dangerous dog is owned,
possessed, or harbored. Such report shall be filed annually on a date to
be determined by the state fire administrator in the manner prescribed
by the state fire administrator. A separate report shall be filed for
each street address at which any such wild animal or dangerous dog may
be found.
5. Such clerk shall forward a copy of such report to each state police
troop, county sheriff, and municipal police agency having jurisdiction
over the location of such wild animal or dangerous dog. A copy thereof
shall also be forwarded to each fire department, fire corporation, or
fire company serving such location and to each ambulance or emergency
medical service department, ambulance corporation, or ambulance or
emergency medical service company serving such location. In lieu of
forwarding a copy of each report, the clerk may compile the contents of
the several reports, and forward the compilation.
6. Any person who fails to report the presence of a wild animal or
dangerous dog as required in this section shall be subject to a civil
penalty of not more than two hundred fifty dollars for the first
offense, and upon being found guilty of a second or subsequent offense,
by a civil penalty of not less than two hundred fifty dollars or more
than one thousand dollars. Except as otherwise provided by law, such a
violation shall not be a crime and the penalty or punishment imposed
therefor shall not be deemed for any purpose a criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of a person found guilty
thereof.