2. April 19, 2003. Located across from Penn Station in Midtown-Manhattan, in New York City, Raphaelson & Levine Law Firm is the voice of the injured. Any such penalty may be reduced by any amount which is paid as restitution by the owner of the dog to the person or persons suffering serious physical injury as compensation for unreimbursed medical expenses, lost earnings and other damages resulting from such injury. E-Verify # 116700. Amended L.2000, c. 259, § 3, eff. Any person over the age of twenty-one years possessing a hunting license may, and environmental conservation officers and peace officers, acting pursuant to their special duties, or police officers shall humanely destroy cats at large found hunting or killing any protected wild bird or with a dead bird of any protected species in its possession. 12. 1. Further, a guard dog is required to wear their dog license tag as well as their City-issued guard dog tag on their collar. (c) expenses of preexposure rabies vaccination. “Nonelective surgical procedure” means a surgical procedure that is necessary to preserve or restore the health of an animal, to prevent an animal from experiencing pain or discomfort, or to correct a condition that would interfere with an animal's ability to walk, run, jump, or otherwise function in a normal manner. Amended L.2012, c. 110, §§ 1 to 4, eff. Thereupon, the judge or justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any dog control officer, peace officer, acting pursuant to his or her special duties, or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as provided in this section. Primary enclosures must be cleaned daily and sanitized at least once every two weeks by washing all soiled surfaces with appropriate detergent solutions and disinfectant or by using a combination detergent or disinfectant product that accomplishes the same purpose with a thorough cleaning of the surfaces to remove excreta, feces, hair, dirt, debris and food waste to permit effective sanitization, followed by a clean water rinse. Schenectady Leash Laws. Such definition shall include breeders who sell or offer to sell animals; provided that it shall not include the following: (a) Any breeder who sells or offers to sell directly to the consumer fewer than twenty-five animals per year that are born and raised on the breeder's residential premises; (b) Any municipal pound or shelter dedicated to the care of unwanted animals which makes such animals available for adoption whether or not a fee for such adoption is charged, established and maintained pursuant to subdivision one of section one hundred fourteen of this chapter; and. Nov. 6, 2019.] This article shall apply to all areas of the state except any city having a population of over two million. Where the authority to issue pet dealer licenses is delegated to the county or city pursuant to subdivision two of this section, that county or city shall, on or before the fifth day of each month, remit to the appropriate municipal financial officer one hundred percent of all license fees collected during the preceding month. Oct. 16, 2012. Amended L.2012, c. 110, § 6, eff. Violation of any provision of this article or conviction of a violation of any provision of article twenty-six of this chapter1 or regulations promulgated thereunder pertaining to humane treatment of animals, cruelty to animals, endangering the life or health of an animal, or violation of any federal, state, or local law pertaining to the care, treatment, sale, possession, or handling of animals or any regulation or rule promulgated pursuant thereto relating to the endangerment of the life or health of an animal. In the event the additional fees collected exceed the expenses incurred by the municipality in conducting an enumeration in any year, such excess fees may be used by the municipality for enforcing this article and for spaying or neutering animals; and. (c) The disclosure shall be signed and dated by the purchaser of the animal, acknowledging receipt of a copy of the statement. Such certification shall be presented to the pet dealer not later than three business days following receipt thereof by the consumer. 10. 3. Repealed by L.2018, c. 36, § 2, eff. Unfortunately, such a high number of dogs in the city comes with a real risk of dog bites. Renumbered § 123-a, L.2010, c. 59, pt. Environmental Conservation Laws Related to Dogs, § 109 . The county health authority is responsible for the services and expenses necessary for the suppression of human rabies. (a) The breeder's and, if applicable, broker's name and address, if known, or if not known, the source of the dog. ), § 11-2117. The commissioner is hereby authorized to promulgate rules and regulations concerning the application, registration and revocation process described in this section. Upon a finding that a dog is dangerous, the judge or justice may order humane euthanasia or permanent confinement of the dog if one of the following aggravating circumstances is established at the judicial hearing held pursuant to subdivision two of this section: (a) the dog, without justification, attacked a person causing serious physical injury or death; or, (b) the dog has a known vicious propensity as evidenced by a previous unjustified attack on a person, which caused serious physical injury or death; or. Aug. 16, 2005; L.2010, c. 59, pt. 4 near you. Eligible not-for-profit entities shall consist of duly incorporated societies for the prevention of cruelty to animals, duly incorporated humane societies, duly incorporated animal protective associations, or duly incorporated non-profit corporations that have received designation as 501(c)(3) entities by the Internal Revenue Service and which entities are operating as animal rescue organizations, animal adoption organizations, spay/neuter clinics, or other entities whose core mission predominantly includes statewide efforts to manage the companion animal population in New York state. 1. d. Muskrat shall not be taken by the use of a spear and shall not be taken by shooting except that until the state of Vermont shall prohibit taking of muskrats on Lake Champlain by shooting, muskrats may be taken, by shooting with a firearm not larger than twenty-two caliber, on Lake Champlain, exclusive of the tributary streams flowing into such lake. Jan. 10, 2014, § 401 . Adequate guidance to personnel involved in the care and use of animals regarding handling and immobilization; (v) [Eff. Jan. 1, 2011. “Clerk” means the clerk of any county, town, city or village where licenses are validated or issued pursuant to this article. This term shall not apply to veterinarians or other facilities temporarily maintaining on their premises dogs, cats or domesticated ferrets owned by others for periods of no more than four months or to the owner or occupant of property inhabited by a feral animal. 3. 2. HISTORICAL AND STATUTORY NOTES 2004 Main Volume. 4. In addition to the foregoing, any such person shall also: (i) produce the proof of insurance coverage required pursuant to article forty-four-B of this chapter if such person is a TNC driver operating a TNC vehicle at the time of the incident who was (A) logged on to the TNC's digital network but not engaged in a TNC prearranged trip or (B) was engaged in a TNC prearranged trip; and (ii) disclose whether he or she, at the time such incident occurred, was (A) logged on to the TNC's digital network but not engaged in a TNC prearranged trip or (B) was engaged in a TNC prearranged trip. Credits (Added L.2010, c. 59, pt. Feb. 12, 2001; L.2006, c. 687, § 3, eff. (c) The application shall state the sex, actual or approximate age, breed, color, and municipal identification number of the dog, and other identification marks, if any, and the name, address, telephone number, county and town, city or village of residence of the owner. Jan. 1, 1980], § 353-b. Any dog control officer, peace officer, acting pursuant to his special duties, or police officer shall destroy or seize any dog not confined as required by such order, and no liability in damages or otherwise shall be incurred on account of such destruction or seizure. To schedule a free consultation with an attorney at Raphaelson & Levine Law Firm please complete the contact form below, or call 212-268-3222. Renumbered § 123-a by L.2010, c. 59, pt. April 1, 2014.). ; (iii) the low income housing assistance program authorized pursuant to 42 U.S.C. CREDIT(S) (Added L.1977, c. 464, § 1; amended L.1978, c. 249, § 1; L.1980, c. 599, § 1; L.1984, c. 328, § 1; L.1985, c. 198, § 1; L.1986, c. 404, § 12; L.2008, c. 153, § 1, eff. (Added L.2002, c. 180, § 1, eff. b. Cottontail rabbits shall not be taken by the use of ferrets, fitch-ferrets or fitch unless permitted by regulation of the department or unless a permit for such taking has first been obtained from the department. a. No long bow equipped with a mechanical device which is used to draw, hold or release the bow string or arrow and which is attached to a portion of the bow other than the bow string may be used or carried afield. At any time (a) any environmental conservation officer, dog warden, forest ranger or member of the state police, anywhere in the state, (b) any member of any town police within the limits of the town of which such member is an officer, (c) any member of the Westchester County Parkway police on any park, parkway or reservation owned or controlled by the county of Westchester or (d) any member of a police force or department of any county, city, town or village in which such member has jurisdiction and is regularly employed may kill any dog pursuing or killing deer and any coyote killing a domestic animal. (Formerly § 121-a, added L.2004, c. 392, § 5, eff. [FN2]. See reviews, photos, directions, phone numbers and more for the best Labor & Employment Law Attorneys in Albany, NY. Electrocution of fur-bearing animals prohibited § 353-d . From there, talk to a New York dog bite lawyer who will help you navigate the legal process and will ensure your rights are protected as a dog bite victim. The section was derived from former § 118, added L.1929, c. 173, § 2; amended L.1933, c. 238; L.1939, c. 536; L.1939, c. 729, § 4; L.1940, c. 29, § 2; L.1940, c. 282; L.1946, cc. Credits(L.1972, c. 664, § 2. (a) Animals shall be provided with wholesome and palatable food, free from contamination and of nutritional value sufficient to maintain each animal in good health. The giving of notice as prescribed in this section shall be deemed a waiver of any lien on the animal for the treatment, board or care of the animal but shall not relieve the owner of the animal removed of his contractual liability for such treatment, board or care furnished. A separate report shall be filed for each street address at which any such wild animal or dangerous dog may be found. 6. Search law firms at FindLaw. Assisting officers in preparing for court ; To download the Animal Control Redemption Form, please click here. Upon validation by the commissioner or the county or city authorized under this section to issue pet dealer licenses, the application shall become the license of the pet dealer. Credits(Added L.2000, c. 259, § 4. The agency or department may by written order requisition in lieu of destruction or intended destruction, unlicensed, unwanted or unclaimed dogs which may be seized and impounded pursuant to law. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not less than one hundred dollars and not more than one thousand dollars. (Added L.1978, c. 220, § 2. ... (518) 866-8668 Albany Law School New York Montgomery County Bar Association and Fulton … Each nursing dog shall be provided with a sufficient amount of floor space to nurse and care for her litter. Nov. 6, 2019.). No contract for the purchase of a dog or a cat or the financing of such purchase shall include any provisions which authorize the use of a dog or a cat as security where such dog or cat may be repossessed by the seller or lender contingent on the purchaser making payments under such contract. Sanitation. 22. Any such fine may be reduced by any amount which is paid as restitution by the owner of the dog to the person or persons suffering serious physical injury as compensation for unreimbursed medical expenses, lost earnings and other damages resulting from such injury. The department is authorized to adopt regulations requiring documentation to establish that an applicant is eligible to use a mechanical device pursuant to this subdivision. Amended L.1984, c. 28, § 1; L.1985, c. 495, § 1; L.1986, c. 404, § 7; L.1988, c. 645, § 7; L.1994, c. 169, § 74; L.2002, c. 494, § 4, eff. May 30, 2002; L.2002, c. 180, § 4, eff. Pet dealers shall develop, maintain, document, and implement an appropriate plan to provide dogs with the opportunity for daily exercise. New York needs to move into the 20th Century (it was in that century that most of the strict liability dog bite laws were enacted). 2. 9. CREDIT(S) (L.1909, c. 38; amended L.1942, c. T, § 9, eff. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules. (d) confined for the purposes of research to the premises of a college or other educational or research institution. (ii) Upon approving a plan submitted for approval and funding of all other spay-neuter programs, the administrative entity shall award grants for the ongoing administration of low-cost spay-neuter services. Dec. 22, 2015. 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. 3. A dog owner or trainer may establish and maintain a special dog training area on land which the owner or trainer owns or has legal control. Nothing in this section shall prohibit the commissioner from taking additional actions as otherwise permitted by this section regarding such licenses prior to the occurrence of three consecutive inspections in which the licensee has failed to correct deficiencies of a critical nature. Please view the Albany County Department of Health's Rabies Clinic Schedule. (c) “Handler” shall mean a disabled person using a service animal. These professional Albany area businesses offer obedience training for your dog, from leash walking to basic commands, and more. For purposes of this section, “low-cost” shall mean substantially less than the average cost in a particular region of the state for spaying or neutering services, including any and all ancillary changes1 for services, including but not limited to, presurgical examinations, tests and immunizations, and other services related to the spay or neuter procedure. Jan. 1, 2011. Such report shall include but not be limited to the balance of the fund, annual expenditures, annual income, the number of entities receiving funding and the amount received by each entity, the total number and type of low-cost spay-neuter services provided by each entity, the method of providing such services by each entity, the expenditure made for promoting the fund and description of marketing efforts, and recommendations regarding the implementation and financial viability of the fund. (Formerly § 113, added L.1978, c. 220, § 2. If the county health authority does not approve home confinement, the ten day confinement and observation period must take place, at owner's expense, at an appropriate facility such as an animal shelter, veterinarian's office, kennel or farm. Jan. 10, 2014.). In addition to the fee charged pursuant to subdivision one of this section, all municipalities issuing dog licenses pursuant to this article are required to provide for the assessment of an additional surcharge of at least one dollar for altered dogs and at least three dollars for unaltered dogs for the purposes of carrying out animal population control efforts as provided in section one hundred seventeen-a of this article. January 23, 2009; L.2013, c. 251, § 3, eff. Check out some of these changes coming to NYS. ), [§ 752-a. Owners of dogs who wrongfully allow their dog to bite someone may be subject to civil penalties. Definition - § 752-a. In those counties where the commissioner has delegated the licensing authority to the county or city that county or city shall, provide a copy of the license to the pet dealer and a copy to the commissioner. Given the prevalence of these bites and the risk to public safety, it stands to reason that New York State has implemented laws designed to reduce the risk of dog bites as well as other laws that improve the well-being of dogs and the state's residents. Section 377-a of the New York Consolidated Laws outlines the requirements for spaying and neutering animals in the state. Under no circumstances shall the animal remain inside the primary enclosure or cage while it is being cleaned with sterilizing agents or agents toxic to animals or cleaned in a manner likely to threaten the health and safety of the animal. 10. Such surcharges shall be submitted by municipalities to the commissioner. Every such laboratory or institution shall keep a record of each such purchase with the name and address of the seller and a copy of the proof of ownership given at the time of the transaction. Nov. 28, 2013.). New York State does not have a state-wide leash law, contrary to what some in the state may believe. 27. Notwithstanding any inconsistent provision of this section, the department may adopt regulations to allow the taking of big game or small game by the use of a long bow equipped with a mechanical device for holding and releasing the bowstring, attached to the handle section of an otherwise legal long bow, to any person with a physical disability who is physically incapable of drawing and holding a long bow because of a physical disability, subject to such restrictions as the department may adopt by regulation. Jan. 1, 2011.). In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by subdivision four of this section and by producing proof that the dog has been licensed. Amended L.2012, c. 446, § 3, eff. 6. An animal is deemed to be abandoned when it is placed in the custody of a veterinarian, veterinary hospital, boarding kennel owner or operator, stable owner or operator, or any other person for treatment, board, or care and: 1. First, you will need to report the bite, which you can do by calling 311. “Pet Dealer” means any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. A veterinarian statement is not required for intestinal or external parasites unless their presence makes the cat clinically ill or is likely to make the cat clinically ill. 4. Nov. 6, 2019.] Out of the Pits is a not for profit organization that was founded in 1994. Renumbered § 124 by L.2010, c. 59, pt. Olde English Downtown Dog Park Local and visiting dogs alike will feel right at home inside Albany's Olde English Downtown Dog Park. Dec. 18, 2017. If drains are used they shall be constructed in a manner to minimize foul odors and backup of sewage. Appropriate shelter for dogs left outdoors § 353-c . These dogs must be registered and the loss, theft, or ownership transfer of such a dog must be reported to the City within five days. “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. Sept. 17, 2002. Nov. 6, 2019.] 1. 2. Jan. 27, 2014.). A municipality offering a purebred license may provide a licensee, at his or her expense, any number of tags imprinted with the same number as the purebred license. ANIMAL LAW IN NEW YORK STATE. Exemption from civil liability, § 123-b . Aug. 16, 2006.). Removal of canine wastes in cities with a population of four hundred thousand or more persons and in the cities of Yonkers and Albany, § 505-a . Sept. 1, 1998; L.1998, c. 170, § 1, eff. In lieu of forwarding a copy of each report, the clerk may compile the contents of the several reports, and forward the compilation. The New York State Department of Agriculture and Markets will continue to enforce existing state laws pertaining to animal care by pet dealers. Dec. 17, 2014. Raphaelson & Levine today Firm has obtained numerous million-dollar verdicts shall knowingly sell any cat or dog younger than weeks. Dog by the of license sales made during such month animal disease control efforts to... Contained in this section shall in any way limit the operations of responsible dog breeders in past! Whichever occurs later guide, hearing or albany, ny dog laws dog, from leash walking to basic commands, and be. 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