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S08293 Summary:

BILL NOS08293A
 
SAME ASSAME AS A08462-B
 
SPONSORSEPULVEDA
 
COSPNSR
 
MLTSPNSR
 
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.
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S08293 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8293--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 30, 2025
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Agriculture -- committee
          discharged, bill amended, 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.
    16    §  123-d.  Reckless handling of a dog in the third degree. 1. A person
    17  is guilty of reckless handling of a dog in  the  third  degree  if  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11967-13-5

        S. 8293--A                          2
 
     1  person  handling a dog allows such dog to injure a person, cat, or other
     2  dog without justification.
     3    2.  The responding police officer shall provide the victim or owner of
     4  the victimized cat or dog written  notice  of  their  right  to  make  a
     5  dangerous  dog complaint pursuant to section one hundred twenty-three of
     6  this chapter.
     7    3. It shall be an affirmative defense that  (a)  the  handler  was  in
     8  compliance  with  all local laws, rules, and regulations for restraining
     9  an animal and the handler of the injured dog or cat was not  in  compli-
    10  ance with such local laws, rules, and regulations; or (b) the conduct of
    11  the  dog  was  justified  under  subdivision four of section one hundred
    12  twenty-three of this article.
    13    4. The handler of the attacking dog shall be liable for all medical or
    14  veterinary expenses incurred by the victim or victim-owner  relating  to
    15  the attack.
    16    Reckless handling of a dog in the third degree is a violation.
    17    §  123-e. Reckless handling of a dog in the second degree. 1. A person
    18  is guilty of reckless handling of a dog in the  second  degree  if  such
    19  person  handling a dog allows such dog to injure a person, cat, or other
    20  dog, requiring hospitalization or resulting in death, including medical-
    21  ly-recommended humane euthanasia of an animal.
    22    2. Any dog implicated in a violation of this section shall be declared
    23  a dangerous dog pursuant to section one  hundred  twenty-three  of  this
    24  article.
    25    3.  It  shall  be  an  affirmative defense that (a) the handler was in
    26  compliance with all local laws, rules, and regulations  for  restraining
    27  an  animal  and the handler of the injured dog or cat was not in compli-
    28  ance with such local laws, rules, and regulations; or (b) the conduct of
    29  the dog was justified under subdivision  four  of  section  one  hundred
    30  twenty-three of this article.
    31    4. The handler of the attacking dog shall be liable for all medical or
    32  veterinary  expenses  incurred by the victim or victim-owner relating to
    33  the attack.
    34    5. No provision in this section shall apply to law enforcement dogs.
    35    Reckless handling of a dog in the second degree is a misdemeanor.
    36    § 123-f. Reckless handling of a dog in the first degree. 1.  A  person
    37  is  guilty of reckless handling of a dog in the first degree if such dog
    38  injures or kills a cat or another dog, or injures a  person,  under  the
    39  instruction of such person handling the dog using verbal command, bodily
    40  gesture, or other command without threat of imminent danger.
    41    2. Any dog implicated in a violation of this section shall be declared
    42  a  dangerous  dog  pursuant  to section one hundred twenty-three of this
    43  article.
    44    3. A person who commits reckless handling of a dog in the first degree
    45  shall have any dog under such person's care or residing in such person's
    46  household seized and impounded by the municipality. Such person as  well
    47  as any person residing in the same household shall not be eligible for a
    48  dog license.
    49    4. The handler of the attacking dog shall be liable for all medical or
    50  veterinary  expenses  incurred by the victim or victim-owner relating to
    51  the attack.
    52    5. No provision in this section shall apply to law enforcement dogs.
    53    Reckless handling of a dog in the first degree is a misdemeanor.
    54    § 123-g. Leaving the scene of  injury  to  companion  animals  without
    55  reporting.  Any  person  who  commits a violation of section one hundred
    56  twenty-three-d,   one   hundred   twenty-three-e,   or    one    hundred

        S. 8293--A                          3
 
     1  twenty-three-f of this article against a companion animal, as defined by
     2  subdivision  five of section three hundred fifty of this chapter, and is
     3  not the custodian of such animal  which  was  injured  or  killed  shall
     4  endeavor  to  locate  the owner or custodian of such animal, or, if such
     5  owner or custodian cannot be located, such person shall inform a  police
     6  or  peace  officer  in  the  vicinity  and take any other reasonable and
     7  appropriate action so that the animal may receive  necessary  attention.
     8  Such  person  shall promptly report the matter to such owner, custodian,
     9  or officer and give such  person's  full  name  and  address,  including
    10  street, street number, and unit number, if applicable.
    11    Leaving  the scene of injury to companion animals without reporting is
    12  a violation.
    13    § 3. Paragraph (e) of subdivision 2 of section 123 of the  agriculture
    14  and markets law, as amended by section 18 of part T of chapter 59 of the
    15  laws of 2010, is amended to read as follows:
    16    (e)  maintenance  of  a liability insurance policy in an amount deter-
    17  mined by the court[, but in no event in excess of one  hundred  thousand
    18  dollars]  for [personal] injury or death to a person or companion animal
    19  resulting from an attack by such dangerous dog.
    20    § 4. The opening paragraph of subdivision 2 and subdivisions 6, 7,  8,
    21  and  9  of  section  123 of the agriculture and markets law, the opening
    22  paragraph of subdivision 2 as amended and such section as renumbered  by
    23  section  18  of part T of chapter 59 of the laws of 2010, subdivisions 6
    24  and 9 as amended by chapter 392 of the laws of 2004, and subdivisions  7
    25  and 8 as amended by chapter 526 of the laws of 2005, are amended to read
    26  as follows:
    27    Any  person  who  witnesses  an attack or threatened attack, or in the
    28  case of a minor, an adult acting on behalf of such minor, may,  and  any
    29  dog  control officer or police officer as provided in subdivision one of
    30  this section shall, make a complaint under oath or  affirmation  to  any
    31  municipal  judge or justice of such attack or threatened attack.  There-
    32  upon, the judge or justice shall immediately determine if there is prob-
    33  able cause to believe the dog is a dangerous dog and, if so, shall issue
    34  an order to any dog control officer, peace officer, acting  pursuant  to
    35  [his  or  her]  their  special  duties, or police officer directing such
    36  officer to immediately seize such dog and hold the same pending judicial
    37  determination as provided in this section. Whether or not the  judge  or
    38  justice finds there is probable cause for such seizure, [he or she] they
    39  shall,  within  five  days  and upon written notice of not less than two
    40  days to the owner of the dog, hold a hearing on the complaint. The peti-
    41  tioner shall have the burden at such hearing  to  prove  the  dog  is  a
    42  "dangerous  dog" by clear and convincing evidence. If satisfied that the
    43  dog is a dangerous dog, the judge or justice shall then order  neutering
    44  or  spaying  of  the  dog at a facility established by or under contract
    45  with the municipality at no cost to the owner before the dog is returned
    46  to the owner, microchipping of the dog, and one or more of the following
    47  as deemed appropriate under the circumstances and  as  deemed  necessary
    48  for the protection of the public:
    49    6.  The  owner of a dog who[, through any act or omission, negligently
    50  permits his or her dog to bite a person, service dog, guide dog or hear-
    51  ing dog causing physical injury] commits  a  violation  of  section  one
    52  hundred  twenty-three-d  or  one  hundred twenty-three-g of this article
    53  shall be subject to a civil penalty not to exceed four  hundred  dollars
    54  in addition to any other applicable penalties.
    55    7.  The  owner of a dog who[, through any act or omission, negligently
    56  permits his or her dog to bite a person causing serious physical injury]

        S. 8293--A                          4
 
     1  commits a violation of section one hundred twenty-three-e of this  arti-
     2  cle  shall be subject to a civil penalty not to exceed one thousand five
     3  hundred dollars in addition to any other applicable penalties. Any  such
     4  penalty may be reduced by any amount which is paid as restitution by the
     5  owner  of  the  dog  to  the person or persons or the owner of an animal
     6  suffering serious  physical  injury  as  compensation  for  unreimbursed
     7  medical  or veterinary expenses, lost earnings and other damages result-
     8  ing from such injury.
     9    8. The owner of a dog who[, through any act or  omission,  negligently
    10  permits  his  or  her  dog,  which  had previously been determined to be
    11  dangerous pursuant to this article, to bite  a  person  causing  serious
    12  physical  injury,]  commits  a  violation of section one hundred twenty-
    13  three-f of this article shall be guilty of a misdemeanor punishable by a
    14  fine of not more than three thousand dollars, or by a period  of  impri-
    15  sonment not to exceed ninety days, or by both such fine and imprisonment
    16  in  addition  to  any  other  applicable penalties. Any such fine may be
    17  reduced by any amount which is paid as restitution by the owner  of  the
    18  dog  to  the  person  or persons or owner of an animal suffering serious
    19  physical injury as compensation for unreimbursed medical  or  veterinary
    20  expenses, lost earnings and other damages resulting from such injury.
    21    9.  If  any  dog,  which  had previously been determined by a judge or
    22  justice to be a dangerous dog, as defined in section one  hundred  eight
    23  of this article, shall without justification [kill or cause the death of
    24  any  person  who is peaceably conducting himself or herself in any place
    25  where he or she may lawfully be] violate  section  one  hundred  twenty-
    26  three-d,  one  hundred  twenty-three-e, or one hundred twenty-three-f of
    27  this article, regardless of whether such dog escapes  without  fault  of
    28  the  owner,  the owner shall be guilty of a class A misdemeanor in addi-
    29  tion to any other penalties.
    30    § 5. Section 123 of the agriculture and  markets  law  is  amended  by
    31  adding a new subdivision 15 to read as follows:
    32    15. (a) In any proceeding brought pursuant to this section, except for
    33  subdivisions  eight  and nine of this section, the judge or justice may,
    34  in their discretion, suspend the defendant's eligibility to obtain a dog
    35  license, pursuant to section one hundred nine of this article, for a set
    36  or indefinite period of time, and  revoke  any  existing  license.  Such
    37  eligibility shall be reinstated if such defendant is found not liable or
    38  the case is dismissed.
    39    (b)  In  any proceeding brought pursuant to subdivisions eight or nine
    40  of this section, such defendant  and  any  member  of  such  defendant's
    41  household,  while  residing  in  such  household,  shall  be immediately
    42  rendered ineligible for a dog license  indefinitely,  and  any  existing
    43  license shall be revoked.
    44    (c)  Any  dog seized pursuant to this subdivision shall be retained by
    45  the municipality and shall not be euthanized or adopted until  dispensa-
    46  tion of the proceeding and all appeals, if applicable. Upon dismissal of
    47  the  case or upon a judge or justice's order, any dog seized pursuant to
    48  this subdivision shall be returned to its owner  upon  reinstatement  of
    49  such owner's dog license.
    50    §  6.  The  administrative  code of the city of New York is amended by
    51  adding five  new  sections  17-349,  17-349-a,  17-349-b,  17-349-c  and
    52  17-349-d to read as follows:
    53    §  17-349 Negligent handling of a dog. a. A person is guilty of negli-
    54  gent handling of a dog if such  person,  on  three  or  more  occasions,
    55  violates  section 17-820 of this title regarding the running at large of
    56  a dog outside of designated areas. Records of such violations shall  run

        S. 8293--A                          5
 
     1  with  the  person  handling the dog, regardless of if different dogs are
     2  involved.  Notwithstanding any law to the  contrary,  allowing  multiple
     3  dogs  running  at large in violation of a local law, rule, or regulation
     4  at the same time shall be considered one violation.
     5    b.  No  provision  in this section shall apply to law enforcement dogs
     6  when a leash or tether would interfere with the dog's work.
     7    Negligent handling of a dog is a violation.
     8    § 17-349-a Reckless handling of a dog in the third degree. a. A person
     9  is guilty of reckless handling of a dog in  the  third  degree  if  such
    10  person  handling a dog allows such dog to injure a person, cat, or other
    11  dog unless such behavior was excused pursuant to section 17-347 of  this
    12  subchapter.
    13    b.  The responding police officer shall provide the victim or owner of
    14  the victimized cat or dog written  notice  of  their  right  to  make  a
    15  dangerous dog complaint pursuant to this title.
    16    c.  It  shall  be  an  affirmative defense that (1) the handler was in
    17  compliance with section 17-820 of this title  and  the  handler  of  the
    18  injured  dog  or cat was not in compliance with such section; or (2) the
    19  conduct of the dog was excused behavior under  section  17-347  of  this
    20  subchapter.
    21    d. The handler of the attacking dog shall be liable for all medical or
    22  veterinary  expenses  incurred by the victim or victim-owner relating to
    23  the attack.
    24    Reckless handling of a dog in the third degree is a violation.
    25    § 17-349-b Reckless handling of a dog  in  the  second  degree.  a.  A
    26  person  is  guilty of reckless handling of a dog in the second degree if
    27  such person handling a dog allows such dog to injure a person,  cat,  or
    28  other  dog,  requiring  hospitalization or resulting in death, including
    29  medically-recommended humane euthanasia of an animal.
    30    b. Any dog implicated in a violation of this section shall be declared
    31  a dangerous dog pursuant to this subchapter.
    32    c. It shall be an affirmative defense that  (1)  the  handler  was  in
    33  compliance  with section 17-820 of this title relating to restraining an
    34  animal and the handler of the injured dog or cat was not  in  compliance
    35  with  such  section;  or (2) the conduct of the dog was excused behavior
    36  under section 17-347 of this subchapter.
    37    d. The handler of the attacking dog shall be liable for all medical or
    38  veterinary expenses incurred by the victim or victim-owner  relating  to
    39  the attack.
    40    e. No provision in this section shall apply to law enforcement dogs.
    41    Reckless handling of a dog in the second degree is a misdemeanor.
    42    § 17-349-c Reckless handling of a dog in the first degree. a. A person
    43  is  guilty of reckless handling of a dog in the first degree if such dog
    44  injures or kills a cat or another dog, or injures  a  person  under  the
    45  instruction of such person handling the dog using verbal command, bodily
    46  gesture, or other command without threat of imminent danger.
    47    b. Any dog implicated in a violation of this section shall be declared
    48  a dangerous dog pursuant to this subchapter.
    49    c. A person who commits reckless handling of a dog in the first degree
    50  shall have any dog under such person's care or residing in such person's
    51  household  seized  and  impounded by the department or a police officer.
    52  Such person as well as any person residing in the same  household  shall
    53  not be eligible for a dog license.
    54    d. The handler of the attacking dog shall be liable for all medical or
    55  veterinary  expenses  incurred by the victim or victim-owner relating to
    56  the attack.

        S. 8293--A                          6
 
     1    e. No provision in this section shall apply to law enforcement dogs.
     2    Reckless handling of a dog in the first degree is a misdemeanor.
     3    §  17-349-d  Leaving  the scene of injury to companion animals without
     4  reporting. Any  person  who  commits  a  violation  of  section  17-349,
     5  17-349-a,  17-349-b  or  17-349-c of this subchapter against a companion
     6  animal, as defined by section 17-802 of  this  title,  and  is  not  the
     7  custodian  of  such animal which was injured or killed shall endeavor to
     8  locate the owner or custodian of such  animal,  or,  if  such  owner  or
     9  custodian  cannot be located, such person shall inform a police or peace
    10  officer in the vicinity and take any other  reasonable  and  appropriate
    11  action  so  that the animal may receive necessary attention. Such person
    12  shall promptly report the matter to such owner,  custodian,  or  officer
    13  and  give  such person's full name and address, including street, street
    14  number, and unit number, if applicable.
    15    Leaving the scene of injury to companion animals without reporting  is
    16  a violation.
    17    §  7.  Section  17-344  of  the administrative code of the city of New
    18  York, as added by local law number 2 of the city of  New  York  for  the
    19  year 1991, is amended to read as follows:
    20    §  17-344  Humane  destruction.  The commissioner may order the humane
    21  destruction of any dog that kills or causes severe  injury  to  a  human
    22  being or companion animal.
    23    §  8.  The  administrative  code of the city of New York is amended by
    24  adding a new section 14-167-a to read as follows:
    25    § 14-167-a Reports of  dog  related  incidents.  An  employee  of  the
    26  department  shall  prepare a report relating to the facts of an incident
    27  of a dog attack of a human being or companion  animal  in  violation  of
    28  section  17-820  of  this  chapter or any provision of subchapter six of
    29  chapter 3 of title seventeen of this chapter, and shall make a  copy  of
    30  such report available to an individual named in such report.
    31    §  9.  The  administrative  code of the city of New York is amended by
    32  adding a new section 17-820 to read as follows:
    33    § 17-820 Dogs to be restrained. a. Except as specified in  subdivision
    34  b  of this section, a person who owns, possesses or controls a dog shall
    35  not permit it to be in any public place or in any open or unfenced  area
    36  abutting on a public place unless the dog is effectively restrained by a
    37  leash or other restraint not more than six feet long.
    38    b.  1.  Dogs  within  areas  and facilities under the jurisdiction and
    39  control of the department of parks and recreation ("DOPR"), or successor
    40  agency, shall be restrained except as otherwise permitted in  accordance
    41  with  the  rules  of  the DOPR. Such rules shall include provisions that
    42  prohibit unrestrained dogs  in  unenclosed  DOPR  controlled  areas  and
    43  facilities except during a specified range of time, that shall not begin
    44  earlier  than  nine o'clock pm and not extend past nine o'clock am. Such
    45  rules shall also specify that persons in control of dogs allowed  to  be
    46  off  the  leash  in  such  areas and facilities maintain and provide, on
    47  demand, proof of current dog licensure and  current  rabies  vaccination
    48  when  dogs are allowed to be off the leash. In addition, DOPR shall make
    49  available to the public, in  a  manner  acceptable  to  the  department,
    50  information  concerning  rabies  vaccination  and dog licensure require-
    51  ments, and the specific locations where  and  times  when  dogs  may  be
    52  allowed off the leash in DOPR areas and facilities.
    53    2.  Notwithstanding  the  provisions of paragraph one of this subdivi-
    54  sion, the department may, based on epidemiologic evidence indicating  an
    55  increase  in  preventable  off leash dog bites during off leash hours in
    56  areas open to off leash use, or a risk of zoonotic disease transmission,

        S. 8293--A                          7
 
     1  limit or eliminate the use of or access to specific areas or facilities,
     2  or parts thereof, under DOPR jurisdiction, by unrestrained dogs.
     3    c.  Notices  of  violation for failure to comply with subdivision a of
     4  this section may be issued by any authorized employee, officer or  agent
     5  of the department, the department of sanitation, the department of parks
     6  and recreation, or successor agencies, or by special patrol officers who
     7  have been delegated such duties by their employers.
     8    §  10.  Section  17-345  of the administrative code of the city of New
     9  York, as added by local law number 2 of the city of  New  York  for  the
    10  year 1991, is amended to read as follows:
    11    §  17-345  Determination  of  a  dangerous dog. The commissioner shall
    12  [have the authority] be responsible to make a determination that  a  dog
    13  is  dangerous,  as  defined  in subdivision [(c)] c of section 17-342 of
    14  this subchapter, upon the complaint of any person that a dog is  danger-
    15  ous.  The  commissioner  shall  make such determination after a hearing,
    16  written notice of which shall be given to the  complainant  and  to  the
    17  owner  of the dog, within fifteen days after seizure when seizure of the
    18  dog has been ordered by the department, where the owner's address can be
    19  reasonably ascertained by the commissioner. The hearing shall be held no
    20  less than ten days nor more than twenty days after such notice is mailed
    21  to the owner of the dog. At such hearing all  interested  persons  shall
    22  have  the  opportunity  to  present  evidence  on the issue of the dog's
    23  dangerousness. In the event that the dog in question has  caused  severe
    24  injury  to  any person or companion animal, the commissioner [may] shall
    25  impound the dog, [at the owner's expense] and charge reasonable fees  to
    26  the  owner,  pending the hearing and determination of the complaint. If,
    27  after the hearing, the commissioner determines that the dog  is  danger-
    28  ous, [he or she] the commissioner may order the owner to comply with one
    29  or more of the following requirements, in any combination thereof:
    30    a.  Registration.  The commissioner may order the owner of a dangerous
    31  dog to register such dog with the department. The application  for  such
    32  registration shall contain the name and address of the owner, the breed,
    33  age,  sex,  color,  and  any  other  identifying  marks  of the dog, the
    34  location where the dog is to be kept if not at the address of the  owner
    35  and any other information which the commissioner may require. The appli-
    36  cation  for registration pursuant to this paragraph shall be accompanied
    37  by a registration fee of twenty-five dollars. Each dog registered pursu-
    38  ant hereto shall be assigned an  official  registration  number  by  the
    39  department.  Such  registration number shall be inscribed on a metal tag
    40  which shall be attached to the dog's collar at all times.  The tag and a
    41  certificate of registration shall be of such form and design  and  shall
    42  contain  such  information as the commissioner shall prescribe and shall
    43  be issued to the owner upon payment of  the  registration  fee  and  the
    44  presentment  of sufficient evidence that the owner has complied with all
    45  of the orders of the commissioner as  prescribed  at  the  determination
    46  hearing.
    47    a-1.  Upon  a  determination of a dangerous dog the commissioner shall
    48  provide notice through electronic  and  written  means  to  the  council
    49  member, the state senator, the member of the assembly, and the community
    50  board  that represents the respective district in which the owner of the
    51  dangerous dog resides, as well as any in  which  the  dangerous  dog  is
    52  known to frequent.  Such notification shall contain specific information
    53  to  permit the public to identify the owner and the dog determined to be
    54  dangerous, including photographs and any information which would distin-
    55  guish the dangerous dog and/or its owner.

        S. 8293--A                          8
 
     1    b. Muzzling or confinement. The commissioner may order the owner of  a
     2  dangerous  dog  to  muzzle  the  dog  or  confine the dog, at all times,
     3  indoors or in a proper enclosure for a dangerous dog which shall consist
     4  of a securely enclosed and locked pen or structure, suitable to  prevent
     5  the  entry  of  young  children,  or  any  part of their bodies or other
     6  foreign objects, and designed to prevent the animal from escaping.  Such
     7  pen  or  structure  shall  have  secure  sides  and prevent the dog from
     8  digging [his] their way out through the bottom.  The  pen  or  structure
     9  shall  also provide the dog with protection from the elements. The owner
    10  shall also conspicuously display a sign designed with a  warning  symbol
    11  approved by the commissioner which indicates to both children and adults
    12  the  presence of a dangerous dog, on the pen or structure and on or near
    13  the entrance to the residence where the dog is kept. At  any  time  that
    14  the  dog is not confined as required herein, the dog shall be muzzled in
    15  such a manner as to prevent it from biting or injuring any  person,  and
    16  kept  on  a  leash  no longer than six feet with the owner or some other
    17  responsible person attending such dog.
    18    c. Liability insurance. The commissioner may  order  the  owner  of  a
    19  dangerous  dog to maintain, in full force and effect, a liability insur-
    20  ance policy [of one hundred thousand dollars] for [personal]  injury  or
    21  death  of  any  person  or companion animal, resulting from an attack of
    22  such dangerous dog.
    23    d.  Humane  destruction.  The  commissioner  may  order   the   humane
    24  destruction  of  any  dog  that kills or causes severe injury to a human
    25  being, based upon the severity of the injury and  the  circumstances  of
    26  the injury.
    27    e.  Other  remedies.  The  commissioner  may order (i) that the dog be
    28  permanently removed from the city; [or] (ii) that the owner and the  dog
    29  complete a course of obedience and/or anti-bite training approved by the
    30  commissioner; or (iii) that custody of the dog be transferred to another
    31  individual, including an individual who resides in another jurisdiction,
    32  upon  the consent of such individual.  Where an owner of a dangerous dog
    33  owns more than one dog, the commissioner may order that custody of  such
    34  dogs may be transferred to separate individuals.
    35    In the event that the owner or keeper of the dangerous dog is a minor,
    36  the  parent  or  guardian or such minor shall be liable for all injuries
    37  and property damage sustained by any person or domestic animal caused by
    38  an unprovoked attack by such dangerous dog.
    39    § 11. Subdivision a of section 17-346 of the  administrative  code  of
    40  the  city of New York, as added by local law number 2 of the city of New
    41  York for the year 1991, is amended to read as follows:
    42    a. In the event that the owner of a dangerous dog violates  any  order
    43  of  the  commissioner  as  prescribed at the determination hearing, such
    44  owner's dog [may] shall be  confiscated  and  impounded  by  the  proper
    45  authorities  [upon  the order of the commissioner]. In addition, any dog
    46  determined to be dangerous shall be immediately confiscated by the prop-
    47  er authorities if the dog bites or attacks a human  being  or  companion
    48  animal and causes injury, or if the dog, at the sufferance of its owner,
    49  is  engaged in or apparently engaged in a dog fight contest or is proxi-
    50  mately near the area in which such a contest is being conducted.
    51    § 12. Section 17-351 of the administrative code of  the  city  of  New
    52  York,  as  added  by  local law number 2 of the city of New York for the
    53  year 1991, is amended to read as follows:
    54    § 17-351 Enforcement. Authorized officers, veterinarians and employees
    55  of the department, and of the police department, and any  other  persons
    56  designated  by  the  commissioner,  shall  be  empowered  to enforce the

        S. 8293--A                          9
 
     1  provisions of this subchapter or  any  rule  or  regulation  promulgated
     2  hereunder.  Employees  of  the police department shall accept a criminal
     3  complaint of a violation of this subchapter and assist in the filing  of
     4  a dangerous dog complaint.
     5    §  13.  Subdivision  a of section 14-182 of the administrative code of
     6  the city of New York, as added by local law number 205 of  the  city  of
     7  New York for the year 2019, is amended to read as follows:
     8    a. For the purposes of this section, the term "animal cruelty" means a
     9  violation  of  sections 17-197 [or], 17-330, 17-349, 17-349-a, 17-349-b,
    10  17-349-c or 17-349-d of this code or of any of the provisions of article
    11  [26] twenty-six of the agriculture and markets law.
    12    § 14. The administrative code of the city of New York  is  amended  by
    13  adding a new section 18-166 to read as follows:
    14    §  18-166 Requiring signage to keep dogs restrained. a. The department
    15  shall place at all entrances to all  parks  operated  by  or  under  the
    16  jurisdiction of the department, including those for which the department
    17  has an agreement with a conservancy or other not-for-profit organization
    18  with  respect to operation of any aspect of a playground a sign reading,
    19  "No Dogs Off Leash Anywhere in the Park At  Any  Time  Unless  Otherwise
    20  Noted. Violators may be subject to fine or arrest."
    21    b.  Such  signs  shall  be  placed at all entrances of all parks where
    22  presently there is not a sign requiring dogs to  be  restrained  at  all
    23  entrances. Such signs shall also be placed at the entrances to all other
    24  parks  upon replacement of a sign requiring dogs to be restrained in any
    25  such park. All signs shall be securely affixed at  such  entrances.  All
    26  signs  shall be in English and, where appropriate, additional languages.
    27  For purposes of this section, "securely affixed" shall mean  that  at  a
    28  minimum  the  signs  shall  be  tethered to not less than two stationary
    29  fixtures.
    30    c. There shall be at least one sign at any  unenclosed,  unpaved  park
    31  space  that  is  one  tenth  of  an  acre  in  area  or  larger  stating
    32  restrictions on off leash  dogs,  including  any  hours  that  dogs  are
    33  permitted  off leash, and include information for reporting an off leash
    34  dog. Such a sign shall also be displayed at  the  head  of  any  unpaved
    35  trail  leading  to an unenclosed space. Any unenclosed, unpaved area one
    36  half of an acre in area or larger must have at least one sign for  every
    37  one  half  of an acre, spaced at least ten feet apart. Any enclosed area
    38  designated as a dog run shall display a sign at each entrance noting off
    39  leash hours.
    40    § 15. Severability. If  any  section,  subsection,  sentence,  clause,
    41  phrase  or  other portion of this local law is, for any reason, declared
    42  unconstitutional or invalid, in whole or in part, by any court of compe-
    43  tent jurisdiction such portion  shall  be  deemed  severable,  and  such
    44  unconstitutionality  or  invalidity shall not affect the validity of the
    45  remaining portions of this law, which remaining portions shall  continue
    46  in full force and effect.
    47    §  16.  This act shall take effect on the ninetieth day after it shall
    48  have become a law; provided, however, that section fourteen of this  act
    49  shall take effect one year after it shall have become a law.
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