Add §§123-c - 123-g, amd §123, Ag & Mkts L; add §§17-349 - 17-349-d, 14-167-a, 17-820 & 18-166, amd §§17-344,
17-345, 17-346, 17-351 & 14-182, NYC Ad Cd
Enacts "Penny's law" to create the offenses of negligent handling of a dog and reckless handling of a dog; codifies the requirement that dogs be restrained in New York city; requires signage in parks that all dogs must be restrained.
STATE OF NEW YORK
________________________________________________________________________
8462--B
2025-2026 Regular Sessions
IN ASSEMBLY
May 16, 2025
___________
Introduced by M. of A. RAJKUMAR, EPSTEIN, BRABENEC, KAY, LUCAS, ANGELI-
NO, CHANG -- Multi-Sponsored by -- M. of A. LEVENBERG -- read once and
referred to the Committee on Agriculture -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to creating
the offenses of negligent handling of a dog and reckless handling of a
dog, and to amend the administrative code of the city of New York, in
relation to the requirement that dogs be restrained, adding additional
offenses and penalties for negligent and reckless handling of dogs,
and requiring signage at all parks that dogs must be restrained unless
otherwise noted
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Penny's law".
3 § 2. The agriculture and markets law is amended by adding five new
4 sections 123-c, 123-d, 123-e, 123-f, and 123-g to read as follows:
5 § 123-c. Negligent handling of a dog. 1. A person is guilty of negli-
6 gent handling of a dog if such person, on three or more occasions,
7 violates any local law, rule, or regulation regarding the running at
8 large of a dog outside of designated areas. Records of such violations
9 shall run with the person handling the dog, regardless of if different
10 dogs are involved. Notwithstanding any law to the contrary, allowing
11 multiple dogs running at large in violation of a local law, rule, or
12 regulation at the same time shall be considered one violation.
13 2. No provision in this section shall apply to law enforcement dogs
14 when a leash or tether would interfere with the dog's work.
15 Negligent handling of a dog is a violation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11967-12-5
A. 8462--B 2
1 § 123-d. Reckless handling of a dog in the third degree. 1. A person
2 is guilty of reckless handling of a dog in the third degree if such
3 person handling a dog allows such dog to injure a person, cat, or other
4 dog without justification.
5 2. The responding police officer shall provide the victim or owner of
6 the victimized cat or dog written notice of their right to make a
7 dangerous dog complaint pursuant to section one hundred twenty-three of
8 this chapter.
9 3. It shall be an affirmative defense that (a) the handler was in
10 compliance with all local laws, rules, and regulations for restraining
11 an animal and the handler of the injured dog or cat was not in compli-
12 ance with such local laws, rules, and regulations; or (b) the conduct of
13 the dog was justified under subdivision four of section one hundred
14 twenty-three of this article.
15 4. The handler of the attacking dog shall be liable for all medical or
16 veterinary expenses incurred by the victim or victim-owner relating to
17 the attack.
18 Reckless handling of a dog in the third degree is a violation.
19 § 123-e. Reckless handling of a dog in the second degree. 1. A person
20 is guilty of reckless handling of a dog in the second degree if such
21 person handling a dog allows such dog to injure a person, cat, or other
22 dog, requiring hospitalization or resulting in death, including medical-
23 ly-recommended humane euthanasia of an animal.
24 2. Any dog implicated in a violation of this section shall be declared
25 a dangerous dog pursuant to section one hundred twenty-three of this
26 article.
27 3. It shall be an affirmative defense that (a) the handler was in
28 compliance with all local laws, rules, and regulations for restraining
29 an animal and the handler of the injured dog or cat was not in compli-
30 ance with such local laws, rules, and regulations; or (b) the conduct of
31 the dog was justified under subdivision four of section one hundred
32 twenty-three of this article.
33 4. The handler of the attacking dog shall be liable for all medical or
34 veterinary expenses incurred by the victim or victim-owner relating to
35 the attack.
36 5. No provision in this section shall apply to law enforcement dogs.
37 Reckless handling of a dog in the second degree is a misdemeanor.
38 § 123-f. Reckless handling of a dog in the first degree. 1. A person
39 is guilty of reckless handling of a dog in the first degree if such dog
40 injures or kills a cat or another dog, or injures a person, under the
41 instruction of such person handling the dog using verbal command, bodily
42 gesture, or other command without threat of imminent danger.
43 2. Any dog implicated in a violation of this section shall be declared
44 a dangerous dog pursuant to section one hundred twenty-three of this
45 article.
46 3. A person who commits reckless handling of a dog in the first degree
47 shall have any dog under such person's care or residing in such person's
48 household seized and impounded by the municipality. Such person as well
49 as any person residing in the same household shall not be eligible for a
50 dog license.
51 4. The handler of the attacking dog shall be liable for all medical or
52 veterinary expenses incurred by the victim or victim-owner relating to
53 the attack.
54 5. No provision in this section shall apply to law enforcement dogs.
55 Reckless handling of a dog in the first degree is a misdemeanor.
A. 8462--B 3
1 § 123-g. Leaving the scene of injury to companion animals without
2 reporting. Any person who commits a violation of section one hundred
3 twenty-three-d, one hundred twenty-three-e, or one hundred
4 twenty-three-f of this article against a companion animal, as defined by
5 subdivision five of section three hundred fifty of this chapter, and is
6 not the custodian of such animal which was injured or killed shall
7 endeavor to locate the owner or custodian of such animal, or, if such
8 owner or custodian cannot be located, such person shall inform a police
9 or peace officer in the vicinity and take any other reasonable and
10 appropriate action so that the animal may receive necessary attention.
11 Such person shall promptly report the matter to such owner, custodian,
12 or officer and give such person's full name and address, including
13 street, street number, and unit number, if applicable.
14 Leaving the scene of injury to companion animals without reporting is
15 a violation.
16 § 3. Paragraph (e) of subdivision 2 of section 123 of the agriculture
17 and markets law, as amended by section 18 of part T of chapter 59 of the
18 laws of 2010, is amended to read as follows:
19 (e) maintenance of a liability insurance policy in an amount deter-
20 mined by the court[, but in no event in excess of one hundred thousand
21 dollars] for [personal] injury or death to a person or companion animal
22 resulting from an attack by such dangerous dog.
23 § 4. The opening paragraph of subdivision 2 and subdivisions 6, 7, 8,
24 and 9 of section 123 of the agriculture and markets law, the opening
25 paragraph of subdivision 2 as amended and such section as renumbered by
26 section 18 of part T of chapter 59 of the laws of 2010, subdivisions 6
27 and 9 as amended by chapter 392 of the laws of 2004, and subdivisions 7
28 and 8 as amended by chapter 526 of the laws of 2005, are amended to read
29 as follows:
30 Any person who witnesses an attack or threatened attack, or in the
31 case of a minor, an adult acting on behalf of such minor, may, and any
32 dog control officer or police officer as provided in subdivision one of
33 this section shall, make a complaint under oath or affirmation to any
34 municipal judge or justice of such attack or threatened attack. There-
35 upon, the judge or justice shall immediately determine if there is prob-
36 able cause to believe the dog is a dangerous dog and, if so, shall issue
37 an order to any dog control officer, peace officer, acting pursuant to
38 [his or her] their special duties, or police officer directing such
39 officer to immediately seize such dog and hold the same pending judicial
40 determination as provided in this section. Whether or not the judge or
41 justice finds there is probable cause for such seizure, [he or she] they
42 shall, within five days and upon written notice of not less than two
43 days to the owner of the dog, hold a hearing on the complaint. The peti-
44 tioner shall have the burden at such hearing to prove the dog is a
45 "dangerous dog" by clear and convincing evidence. If satisfied that the
46 dog is a dangerous dog, the judge or justice shall then order neutering
47 or spaying of the dog at a facility established by or under contract
48 with the municipality at no cost to the owner before the dog is returned
49 to the owner, microchipping of the dog, and one or more of the following
50 as deemed appropriate under the circumstances and as deemed necessary
51 for the protection of the public:
52 6. The owner of a dog who[, through any act or omission, negligently
53 permits his or her dog to bite a person, service dog, guide dog or hear-
54 ing dog causing physical injury] commits a violation of section one
55 hundred twenty-three-d or one hundred twenty-three-g of this article
A. 8462--B 4
1 shall be subject to a civil penalty not to exceed four hundred dollars
2 in addition to any other applicable penalties.
3 7. The owner of a dog who[, through any act or omission, negligently
4 permits his or her dog to bite a person causing serious physical injury]
5 commits a violation of section one hundred twenty-three-e of this arti-
6 cle shall be subject to a civil penalty not to exceed one thousand five
7 hundred dollars in addition to any other applicable penalties. Any such
8 penalty may be reduced by any amount which is paid as restitution by the
9 owner of the dog to the person or persons or the owner of an animal
10 suffering serious physical injury as compensation for unreimbursed
11 medical or veterinary expenses, lost earnings and other damages result-
12 ing from such injury.
13 8. The owner of a dog who[, through any act or omission, negligently
14 permits his or her dog, which had previously been determined to be
15 dangerous pursuant to this article, to bite a person causing serious
16 physical injury,] commits a violation of section one hundred twenty-
17 three-f of this article shall be guilty of a misdemeanor punishable by a
18 fine of not more than three thousand dollars, or by a period of impri-
19 sonment not to exceed ninety days, or by both such fine and imprisonment
20 in addition to any other applicable penalties. Any such fine may be
21 reduced by any amount which is paid as restitution by the owner of the
22 dog to the person or persons or owner of an animal suffering serious
23 physical injury as compensation for unreimbursed medical or veterinary
24 expenses, lost earnings and other damages resulting from such injury.
25 9. If any dog, which had previously been determined by a judge or
26 justice to be a dangerous dog, as defined in section one hundred eight
27 of this article, shall without justification [kill or cause the death of
28 any person who is peaceably conducting himself or herself in any place
29 where he or she may lawfully be] violate section one hundred twenty-
30 three-d, one hundred twenty-three-e, or one hundred twenty-three-f of
31 this article, regardless of whether such dog escapes without fault of
32 the owner, the owner shall be guilty of a class A misdemeanor in addi-
33 tion to any other penalties.
34 § 5. Section 123 of the agriculture and markets law is amended by
35 adding a new subdivision 15 to read as follows:
36 15. (a) In any proceeding brought pursuant to this section, except for
37 subdivisions eight and nine of this section, the judge or justice may,
38 in their discretion, suspend the defendant's eligibility to obtain a dog
39 license, pursuant to section one hundred nine of this article, for a set
40 or indefinite period of time, and revoke any existing license. Such
41 eligibility shall be reinstated if such defendant is found not liable or
42 the case is dismissed.
43 (b) In any proceeding brought pursuant to subdivisions eight or nine
44 of this section, such defendant and any member of such defendant's
45 household, while residing in such household, shall be immediately
46 rendered ineligible for a dog license indefinitely, and any existing
47 license shall be revoked.
48 (c) Any dog seized pursuant to this subdivision shall be retained by
49 the municipality and shall not be euthanized or adopted until dispensa-
50 tion of the proceeding and all appeals, if applicable. Upon dismissal of
51 the case or upon a judge or justice's order, any dog seized pursuant to
52 this subdivision shall be returned to its owner upon reinstatement of
53 such owner's dog license.
54 § 6. The administrative code of the city of New York is amended by
55 adding five new sections 17-349, 17-349-a, 17-349-b, 17-349-c and
56 17-349-d to read as follows:
A. 8462--B 5
1 § 17-349 Negligent handling of a dog. a. A person is guilty of negli-
2 gent handling of a dog if such person, on three or more occasions,
3 violates section 17-820 of this title regarding the running at large of
4 a dog outside of designated areas. Records of such violations shall run
5 with the person handling the dog, regardless of if different dogs are
6 involved. Notwithstanding any law to the contrary, allowing multiple
7 dogs running at large in violation of a local law, rule, or regulation
8 at the same time shall be considered one violation.
9 b. No provision in this section shall apply to law enforcement dogs
10 when a leash or tether would interfere with the dog's work.
11 Negligent handling of a dog is a violation.
12 § 17-349-a Reckless handling of a dog in the third degree. a. A person
13 is guilty of reckless handling of a dog in the third degree if such
14 person handling a dog allows such dog to injure a person, cat, or other
15 dog unless such behavior was excused pursuant to section 17-347 of this
16 subchapter.
17 b. The responding police officer shall provide the victim or owner of
18 the victimized cat or dog written notice of their right to make a
19 dangerous dog complaint pursuant to this title.
20 c. It shall be an affirmative defense that (1) the handler was in
21 compliance with section 17-820 of this title and the handler of the
22 injured dog or cat was not in compliance with such section; or (2) the
23 conduct of the dog was excused behavior under section 17-347 of this
24 subchapter.
25 d. The handler of the attacking dog shall be liable for all medical or
26 veterinary expenses incurred by the victim or victim-owner relating to
27 the attack.
28 Reckless handling of a dog in the third degree is a violation.
29 § 17-349-b Reckless handling of a dog in the second degree. a. A
30 person is guilty of reckless handling of a dog in the second degree if
31 such person handling a dog allows such dog to injure a person, cat, or
32 other dog, requiring hospitalization or resulting in death, including
33 medically-recommended humane euthanasia of an animal.
34 b. Any dog implicated in a violation of this section shall be declared
35 a dangerous dog pursuant to this subchapter.
36 c. It shall be an affirmative defense that (1) the handler was in
37 compliance with section 17-820 of this title relating to restraining an
38 animal and the handler of the injured dog or cat was not in compliance
39 with such section; or (2) the conduct of the dog was excused behavior
40 under section 17-347 of this subchapter.
41 d. The handler of the attacking dog shall be liable for all medical or
42 veterinary expenses incurred by the victim or victim-owner relating to
43 the attack.
44 e. No provision in this section shall apply to law enforcement dogs.
45 Reckless handling of a dog in the second degree is a misdemeanor.
46 § 17-349-c Reckless handling of a dog in the first degree. a. A person
47 is guilty of reckless handling of a dog in the first degree if such dog
48 injures or kills a cat or another dog, or injures a person under the
49 instruction of such person handling the dog using verbal command, bodily
50 gesture, or other command without threat of imminent danger.
51 b. Any dog implicated in a violation of this section shall be declared
52 a dangerous dog pursuant to this subchapter.
53 c. A person who commits reckless handling of a dog in the first degree
54 shall have any dog under such person's care or residing in such person's
55 household seized and impounded by the department or a police officer.
A. 8462--B 6
1 Such person as well as any person residing in the same household shall
2 not be eligible for a dog license.
3 d. The handler of the attacking dog shall be liable for all medical or
4 veterinary expenses incurred by the victim or victim-owner relating to
5 the attack.
6 e. No provision in this section shall apply to law enforcement dogs.
7 Reckless handling of a dog in the first degree is a misdemeanor.
8 § 17-349-d Leaving the scene of injury to companion animals without
9 reporting. Any person who commits a violation of section 17-349,
10 17-349-a, 17-349-b or 17-349-c of this subchapter against a companion
11 animal, as defined by section 17-802 of this title, and is not the
12 custodian of such animal which was injured or killed shall endeavor to
13 locate the owner or custodian of such animal, or, if such owner or
14 custodian cannot be located, such person shall inform a police or peace
15 officer in the vicinity and take any other reasonable and appropriate
16 action so that the animal may receive necessary attention. Such person
17 shall promptly report the matter to such owner, custodian, or officer
18 and give such person's full name and address, including street, street
19 number, and unit number, if applicable.
20 Leaving the scene of injury to companion animals without reporting is
21 a violation.
22 § 7. Section 17-344 of the administrative code of the city of New
23 York, as added by local law number 2 of the city of New York for the
24 year 1991, is amended to read as follows:
25 § 17-344 Humane destruction. The commissioner may order the humane
26 destruction of any dog that kills or causes severe injury to a human
27 being or companion animal.
28 § 8. The administrative code of the city of New York is amended by
29 adding a new section 14-167-a to read as follows:
30 § 14-167-a Reports of dog related incidents. An employee of the
31 department shall prepare a report relating to the facts of an incident
32 of a dog attack of a human being or companion animal in violation of
33 section 17-820 of this chapter or any provision of subchapter six of
34 chapter 3 of title seventeen of this chapter, and shall make a copy of
35 such report available to an individual named in such report.
36 § 9. The administrative code of the city of New York is amended by
37 adding a new section 17-820 to read as follows:
38 § 17-820 Dogs to be restrained. a. Except as specified in subdivision
39 b of this section, a person who owns, possesses or controls a dog shall
40 not permit it to be in any public place or in any open or unfenced area
41 abutting on a public place unless the dog is effectively restrained by a
42 leash or other restraint not more than six feet long.
43 b. 1. Dogs within areas and facilities under the jurisdiction and
44 control of the department of parks and recreation ("DOPR"), or successor
45 agency, shall be restrained except as otherwise permitted in accordance
46 with the rules of the DOPR. Such rules shall include provisions that
47 prohibit unrestrained dogs in unenclosed DOPR controlled areas and
48 facilities except during a specified range of time, that shall not begin
49 earlier than nine o'clock pm and not extend past nine o'clock am. Such
50 rules shall also specify that persons in control of dogs allowed to be
51 off the leash in such areas and facilities maintain and provide, on
52 demand, proof of current dog licensure and current rabies vaccination
53 when dogs are allowed to be off the leash. In addition, DOPR shall make
54 available to the public, in a manner acceptable to the department,
55 information concerning rabies vaccination and dog licensure require-
A. 8462--B 7
1 ments, and the specific locations where and times when dogs may be
2 allowed off the leash in DOPR areas and facilities.
3 2. Notwithstanding the provisions of paragraph one of this subdivi-
4 sion, the department may, based on epidemiologic evidence indicating an
5 increase in preventable off leash dog bites during off leash hours in
6 areas open to off leash use, or a risk of zoonotic disease transmission,
7 limit or eliminate the use of or access to specific areas or facilities,
8 or parts thereof, under DOPR jurisdiction, by unrestrained dogs.
9 c. Notices of violation for failure to comply with subdivision a of
10 this section may be issued by any authorized employee, officer or agent
11 of the department, the department of sanitation, the department of parks
12 and recreation, or successor agencies, or by special patrol officers who
13 have been delegated such duties by their employers.
14 § 10. Section 17-345 of the administrative code of the city of New
15 York, as added by local law number 2 of the city of New York for the
16 year 1991, is amended to read as follows:
17 § 17-345 Determination of a dangerous dog. The commissioner shall
18 [have the authority] be responsible to make a determination that a dog
19 is dangerous, as defined in subdivision [(c)] c of section 17-342 of
20 this subchapter, upon the complaint of any person that a dog is danger-
21 ous. The commissioner shall make such determination after a hearing,
22 written notice of which shall be given to the complainant and to the
23 owner of the dog, within fifteen days after seizure when seizure of the
24 dog has been ordered by the department, where the owner's address can be
25 reasonably ascertained by the commissioner. The hearing shall be held no
26 less than ten days nor more than twenty days after such notice is mailed
27 to the owner of the dog. At such hearing all interested persons shall
28 have the opportunity to present evidence on the issue of the dog's
29 dangerousness. In the event that the dog in question has caused severe
30 injury to any person or companion animal, the commissioner [may] shall
31 impound the dog, [at the owner's expense] and charge reasonable fees to
32 the owner, pending the hearing and determination of the complaint. If,
33 after the hearing, the commissioner determines that the dog is danger-
34 ous, [he or she] the commissioner may order the owner to comply with one
35 or more of the following requirements, in any combination thereof:
36 a. Registration. The commissioner may order the owner of a dangerous
37 dog to register such dog with the department. The application for such
38 registration shall contain the name and address of the owner, the breed,
39 age, sex, color, and any other identifying marks of the dog, the
40 location where the dog is to be kept if not at the address of the owner
41 and any other information which the commissioner may require. The appli-
42 cation for registration pursuant to this paragraph shall be accompanied
43 by a registration fee of twenty-five dollars. Each dog registered pursu-
44 ant hereto shall be assigned an official registration number by the
45 department. Such registration number shall be inscribed on a metal tag
46 which shall be attached to the dog's collar at all times. The tag and a
47 certificate of registration shall be of such form and design and shall
48 contain such information as the commissioner shall prescribe and shall
49 be issued to the owner upon payment of the registration fee and the
50 presentment of sufficient evidence that the owner has complied with all
51 of the orders of the commissioner as prescribed at the determination
52 hearing.
53 a-1. Upon a determination of a dangerous dog the commissioner shall
54 provide notice through electronic and written means to the council
55 member, the state senator, the member of the assembly, and the community
56 board that represents the respective district in which the owner of the
A. 8462--B 8
1 dangerous dog resides, as well as any in which the dangerous dog is
2 known to frequent. Such notification shall contain specific information
3 to permit the public to identify the owner and the dog determined to be
4 dangerous, including photographs and any information which would distin-
5 guish the dangerous dog and/or its owner.
6 b. Muzzling or confinement. The commissioner may order the owner of a
7 dangerous dog to muzzle the dog or confine the dog, at all times,
8 indoors or in a proper enclosure for a dangerous dog which shall consist
9 of a securely enclosed and locked pen or structure, suitable to prevent
10 the entry of young children, or any part of their bodies or other
11 foreign objects, and designed to prevent the animal from escaping. Such
12 pen or structure shall have secure sides and prevent the dog from
13 digging [his] their way out through the bottom. The pen or structure
14 shall also provide the dog with protection from the elements. The owner
15 shall also conspicuously display a sign designed with a warning symbol
16 approved by the commissioner which indicates to both children and adults
17 the presence of a dangerous dog, on the pen or structure and on or near
18 the entrance to the residence where the dog is kept. At any time that
19 the dog is not confined as required herein, the dog shall be muzzled in
20 such a manner as to prevent it from biting or injuring any person, and
21 kept on a leash no longer than six feet with the owner or some other
22 responsible person attending such dog.
23 c. Liability insurance. The commissioner may order the owner of a
24 dangerous dog to maintain, in full force and effect, a liability insur-
25 ance policy [of one hundred thousand dollars] for [personal] injury or
26 death of any person or companion animal, resulting from an attack of
27 such dangerous dog.
28 d. Humane destruction. The commissioner may order the humane
29 destruction of any dog that kills or causes severe injury to a human
30 being, based upon the severity of the injury and the circumstances of
31 the injury.
32 e. Other remedies. The commissioner may order (i) that the dog be
33 permanently removed from the city; [or] (ii) that the owner and the dog
34 complete a course of obedience and/or anti-bite training approved by the
35 commissioner; or (iii) that custody of the dog be transferred to another
36 individual, including an individual who resides in another jurisdiction,
37 upon the consent of such individual. Where an owner of a dangerous dog
38 owns more than one dog, the commissioner may order that custody of such
39 dogs may be transferred to separate individuals.
40 In the event that the owner or keeper of the dangerous dog is a minor,
41 the parent or guardian or such minor shall be liable for all injuries
42 and property damage sustained by any person or domestic animal caused by
43 an unprovoked attack by such dangerous dog.
44 § 11. Subdivision a of section 17-346 of the administrative code of
45 the city of New York, as added by local law number 2 of the city of New
46 York for the year 1991, is amended to read as follows:
47 a. In the event that the owner of a dangerous dog violates any order
48 of the commissioner as prescribed at the determination hearing, such
49 owner's dog [may] shall be confiscated and impounded by the proper
50 authorities [upon the order of the commissioner]. In addition, any dog
51 determined to be dangerous shall be immediately confiscated by the prop-
52 er authorities if the dog bites or attacks a human being or companion
53 animal and causes injury, or if the dog, at the sufferance of its owner,
54 is engaged in or apparently engaged in a dog fight contest or is proxi-
55 mately near the area in which such a contest is being conducted.
A. 8462--B 9
1 § 12. Section 17-351 of the administrative code of the city of New
2 York, as added by local law number 2 of the city of New York for the
3 year 1991, is amended to read as follows:
4 § 17-351 Enforcement. Authorized officers, veterinarians and employees
5 of the department, and of the police department, and any other persons
6 designated by the commissioner, shall be empowered to enforce the
7 provisions of this subchapter or any rule or regulation promulgated
8 hereunder. Employees of the police department shall accept a criminal
9 complaint of a violation of this subchapter and assist in the filing of
10 a dangerous dog complaint.
11 § 13. Subdivision a of section 14-182 of the administrative code of
12 the city of New York, as added by local law number 205 of the city of
13 New York for the year 2019, is amended to read as follows:
14 a. For the purposes of this section, the term "animal cruelty" means a
15 violation of sections 17-197 [or], 17-330, 17-349, 17-349-a, 17-349-b,
16 17-349-c or 17-349-d of this code or of any of the provisions of article
17 [26] twenty-six of the agriculture and markets law.
18 § 14. The administrative code of the city of New York is amended by
19 adding a new section 18-166 to read as follows:
20 § 18-166 Requiring signage to keep dogs restrained. a. The department
21 shall place at all entrances to all parks operated by or under the
22 jurisdiction of the department, including those for which the department
23 has an agreement with a conservancy or other not-for-profit organization
24 with respect to operation of any aspect of a playground a sign reading,
25 "No Dogs Off Leash Anywhere in the Park At Any Time Unless Otherwise
26 Noted. Violators may be subject to fine or arrest."
27 b. Such signs shall be placed at all entrances of all parks where
28 presently there is not a sign requiring dogs to be restrained at all
29 entrances. Such signs shall also be placed at the entrances to all other
30 parks upon replacement of a sign requiring dogs to be restrained in any
31 such park. All signs shall be securely affixed at such entrances. All
32 signs shall be in English and, where appropriate, additional languages.
33 For purposes of this section, "securely affixed" shall mean that at a
34 minimum the signs shall be tethered to not less than two stationary
35 fixtures.
36 c. There shall be at least one sign at any unenclosed, unpaved park
37 space that is one tenth of an acre in area or larger stating
38 restrictions on off leash dogs, including any hours that dogs are
39 permitted off leash, and include information for reporting an off leash
40 dog. Such a sign shall also be displayed at the head of any unpaved
41 trail leading to an unenclosed space. Any unenclosed, unpaved area one
42 half of an acre in area or larger must have at least one sign for every
43 one half of an acre, spaced at least ten feet apart. Any enclosed area
44 designated as a dog run shall display a sign at each entrance noting off
45 leash hours.
46 § 15. Severability. If any section, subsection, sentence, clause,
47 phrase or other portion of this local law is, for any reason, declared
48 unconstitutional or invalid, in whole or in part, by any court of compe-
49 tent jurisdiction such portion shall be deemed severable, and such
50 unconstitutionality or invalidity shall not affect the validity of the
51 remaining portions of this law, which remaining portions shall continue
52 in full force and effect.
53 § 16. This act shall take effect on the ninetieth day after it shall
54 have become a law; provided, however, that section fourteen of this act
55 shall take effect one year after it shall have become a law.
