What's happening
This bill amends the definition and procedures regarding dangerous dogs, expanding protections to include companion and domestic animals and clarifying officers' duties.
Why it matters
Expands legal protections to more animals. by including “companion animals” and “domestic animals” (like pets beyond traditional farm animals) in the categories protected from dangerous dog attacks, reflecting a broader societal recognition of pets’ roles in households.
Requires police or dog control officers to take a more active role. , mandating immediate on-scene assessment and documentation of whether a dog is dangerous, rather than leaving it to the complainant to initiate proceedings. This could lead to quicker intervention and potentially prevent further harmful incidents.
Clarifies what constitutes a dangerous dog. , specifying that officers must consider if the dog attacked or threatened without justification, or if its behavior would make a reasonable person believe there’s an imminent and unjustified threat. This may reduce ambiguity in enforcement and help ensure more consistent application of the law.
Increases accountability for dog owners. , extending civil penalties to those whose negligence allows their dogs to injure not just people and service animals, but also companion and domestic animals. This broadens the scope of owner responsibility and may incentivize better control and care of dogs.
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Who cares
Headline styles
Strengthen Dangerous Dog Laws
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5620
2017-2018 Regular Sessions
IN SENATE
April 20, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to dangerous dogs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1, paragraph (c) of subdivision 3, and subdivision 6 of section 123 of the agriculture and markets law, subdivision 1 as amended and such section as renumbered by section 18 of part T of chapter 59 of the laws of 2010, paragraph (c) of subdivision 3 as added and subdivision 6 as amended by chapter 392 of the laws of 2004, are amended to read as follows:
1. Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in section three hundred fifty of this chapter, farm animal as defined in such section three hundred fifty, or a domestic animal as defined in subdivision seven of section one hundred eight of this article to a dog control officer or police officer of the appropriate municipality. Such officer shall:
(a) immediately inform the complainant of his or her right to commence a proceeding as provided in subdivision two of this section; and[,]
(b) determine if there is reason to believe that the dog is a dangerous dog[,] before leaving the scene. If the officer determines that there is a reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself. When making such a determination, the officer shall articulate whether he or she believes that the dog (i) attacked or threatened to attack the person, companion animal or domestic animal without justification, or (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08074-01-7
S. 5620 2
death to one or more persons, companion animals, farm animals or domestic animals.
(c) the dog, without justification, caused serious physical injury or death to a companion animal, farm animal or domestic animal, and has, in the past two years, caused unjustified physical injury or death to a companion [or] animal, farm animal or domestic animal as evidenced by a "dangerous dog" finding pursuant to the provisions of this section.
6. The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, service dog, guide dog [or], hearing dog, companion animal or domestic animal causing physical injury shall be subject to a civil penalty not to exceed four hundred dollars in addition to any other applicable penalties.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to dangerous dogs
Purpose or general idea of bill
To provide greater protection to dog owners and to streamline the process of determining when a dog is a dangerous dog.
Summary of provisions
Section 1 of this bill amends subdivision 1 of section 123 of the Agriculture and Markets Law to clarify the procedure for reporting an attack by a dog, against a companion animal. The procedure is that it must be immediately reported to a police officer or dog control officer, and at the point the dog control officer or police officer must immediately inform the complainant of his or her right to commence a proceeding that is described in subdivision 2 of this section, and also determine if there is reason to believe that the dog is a dangerous dog before leaving the scene. If the officer determines that there is a reason to believe the dog is a dangerous dog, the officer must commence such proceeding himself. When the officer makes this determination, the officer has to articulate whether he or she believes that the dog (1) attacked or threatened to attack a person, companion animal, or domestic animal without justification, or (2) behaved in such a manner which a reasonable person would believe poses serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals.
This section also amends paragraph (c) of subdivision 3 and subdivision 6 of section 123 of the Agriculture and Markets Law to provide technical changes to reflect the above additions.
Section 2 of this bill provides that this act shall take effect immediately.
Existing law
The current procedure provided in subdivision one of section 123 of the Agriculture and Markets Law did not provide for a clear way to determine when a dog would be considered a dangerous dog in the case of attacks that lead to serious injury or death of a domestic animal.
Justification
This legislation broadens the scope of the determination of when a dog is a dangerous dog. Previously, there was confusion over who handled this determination, especially in relation to dog attacks where another dog is injured or killed.
Recently, there have been multiple instances of larger dogs attacking and killing smaller breeds of dogs in the New York City area. When reported in New York City, there have been issues for New Yorkers who have attempted to find recourse under the law. There had been mixed messages of who handled reports of dogs attacking other dogs. This amendment seeks to clear up how and when dangerous dog determinations are made, and by whom these determinations can be made.
Prior legislative history
2015-2016: S.2338 - Referred to Agriculture
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.