Mckinney’s Consolidated Laws of New York Annotated. Agriculture and Markets Law; General Business Law; General Municipal Law; General Obligations Law; Lien Law; Public Health Law; Town Law; Vehicle and Traffic Law; and Environmental Conservation Law
Primary Citation: McKinney’s Agriculture and Markets Law § 106 – 127, 331 – 332, 400 – 410; McKinney’s ECL §§ 11-0529, 11-0901 – 0928, 11-2117; McKinney’s General Business Law §§ 399-aa, 751 – 755; McKinney’s General Municipal Law § 88, 209-cc
Alternate Citation: McKinney’s Town Law § 130; McKinney’s General Obligations Law § 11-107; McKinney’s Lien Law § 183; McKinney’s Public Health Law § 1310; § 505-a; § 2140 – 2146; McKinney’s Vehicle and Traffic Law § 601; McKinney’s State Law § 90;
Summary: These New York statutes comprise the state’s dog laws. Among the provisions include state licensing requirements, the sale of dogs by pet dealers, rabies control laws, and provisions related to dogs and hunting.
Laws Affecting Municipalities
General Municipal Law. Chapter 24 Of the Consolidated Laws. Article 5. Powers, Limitations, and Liabilities
1. A municipality may by local law or ordinance provide that stray or unwanted dogs be given to an agency which trains seeing eye dogs or to a police department which trains dogs as guards.
2. 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.
3. Any animal so requisitioned shall be retained within the pound for at least five days in addition to the period within which it may be claimed by its owner, and if still unclaimed may then be given to such requisitioner.
4. Licensed dogs surrendered to the municipality or an animal shelter shall not be requisitioned without the written consent of the owner obtained at the time of the surrender.
(Added L.1971, c. 261, § 1.)
General Municipal Law. Chapter 24 Of the Consolidated Laws. Article 10. Firemen and Policemen.
1. The knowledge of the presence of dangerous wild animals, and dangerous dogs, in the context of emergency services responses, is necessary to protect public safety and the safety of emergency services personnel.
2. As used in this section:
(a) the term “emergency services personnel” means fire, police, and ambulance personnel.
(b) the term “person” means any individual, partnership, corporation, association, or other entity.
(c) the term “wild animal” means any or all of the following orders and families:
(1) Nonhuman primates and prosimians;
(2) Felidae (with the exception of domesticated cats);
(3) Canidae (with the exception of domesticated dogs);
(5) All venomous snakes and all constrictors and python snakes that are ten feet or greater in length; and
(6) Crocodilia that are five feet or greater in length.
(d) the term “dangerous dog” means a dog found dangerous pursuant to the provisions of section one hundred twenty-three of the agriculture and markets law.
3. The state fire administrator, in consultation with the department of environmental conservation, shall develop and maintain a list of the common names of wild animals to be reported.
4. Except for pet dealers as defined in section seven hundred fifty-two-a of the general business law and zoological facilities and other exhibitors licensed pursuant to title 7 U.S.C. sections 2133 and 2134, and in the case of dangerous dogs except for licensed veterinarians in temporary possession of such dogs, every person owning, possessing, or harboring a wild animal or a dangerous dog within this state shall report the presence thereof to the clerk of the city, town, or village in which such wild animal or dangerous dog is owned, possessed, or harbored. Such report shall be filed annually on a date to be determined by the state fire administrator in the manner prescribed by the state fire administrator. A separate report shall be filed for each street address at which any such wild animal or dangerous dog may be found.
5. Such clerk shall forward a copy of such report to each state police troop, county sheriff, and municipal police agency having jurisdiction over the location of such wild animal or dangerous dog. A copy thereof shall also be forwarded to each fire department, fire corporation, or fire company serving such location and to each ambulance or emergency medical service department, ambulance corporation, or ambulance or emergency medical service company serving such location. In lieu of forwarding a copy of each report, the clerk may compile the contents of the several reports, and forward the compilation.
6. Any person who fails to report the presence of a wild animal or dangerous dog as required in this section shall be subject to a civil penalty of not more than two hundred fifty dollars for the first offense, and upon being found guilty of a second or subsequent offense, by a civil penalty of not less than two hundred fifty dollars or more than one thousand dollars. Except as otherwise provided by law, such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of a person found guilty thereof.
(Added L.2002, c. 680, § 1, eff. April 19, 2003. Amended L.2004, c. 392, § 6, eff. Dec. 15, 2004; L.2005, c. 289, § 2, eff. Dec. 15, 2004; L.2005, c. 538, § 1, eff. Aug. 16, 2005; L.2010, c. 59, pt. T, § 25, eff. Jan. 1, 2011.)
Town Law. Chapter 62 Of the Consolidated Laws. Article 9. Ordinances and Licenses.
The town board after a public hearing may enact, amend and repeal ordinances, rules and regulations not inconsistent with law, for the following purposes in addition to such other purposes as may be contemplated by the provisions of this chapter or other laws. In order to accomplish the regulation and control of such purposes, the town board may include in any such ordinance, rule or regulation provision for the issuance and revocation of a permit or permits, for the appointment of any town officers or employees to enforce such ordinance, rule or regulation and/or the terms and conditions of any permit issued thereunder, and for the collection of any reasonable uniform fee in connection therewith. The town clerk shall give notice of such hearing by the publication of a notice in at least one newspaper circulating in the town, specifying the time when and the place where such hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least ten days prior to the day specified for such hearing.
9. Animals. Regulating the keeping of calves; regulating and prohibiting the keeping of swine and mink, restraining the running at large of horses, cattle, sheep, unmuzzled dogs, whether licensed or not, fowls and other animals and authorizing the impounding and sale of the same for the costs of keeping, proceedings and penalty, or the killing of unmuzzled dogs.
15. Promotion of public welfare. Promoting the health, safety, morals or general welfare of the community, including the protection and preservation of the property of the town and of its inhabitants, and of peace and good order, the benefit of trade and all other matter related thereto, insofar as the same shall not be inconsistent with existing law.
Whenever the constitutionality of any local law, ordinance, rule or regulation of a town is brought into issue upon a trial or hearing of any civil cause of action or proceeding in any court, and the town is not a party to such action or proceeding, notice shall be served upon the town in accordance with section one thousand twelve of the civil practice law and rules.
((L.1932, c. 634. Amended L.1935, cc. 432, 464, 500, 881; L.1937, c. 495, § 7; L.1938, cc. 309, 402, 646; L.1939, c. 273, § 2; L.1939, c. 338, § 1; L.1939, c. 581, § 1; L.1940, c. 474; L.1941, c. 30, § 7; L.1941, c. 674, § 1; L.1942, c. 85, § 14; L.1942, c. 639, § 1; L.1943, cc. 388, 389, § 1; L.1944, c. 67; L.1944, c. 126, §§ 1 to 9; L.1944, c. 447, §§ 1, 2; L.1946, c. 12, §§ 1, 2; L.1946, c. 21; L.1946, c. 217, § 1; L.1947, cc. 361, 817; L.1948, c. 657; L.1949, c. 371; L.1950, c. 173; L.1950, c. 598; L.1952, cc. 256, 691; L.1953, cc. 120, 578, 579; L.1954, c. 265; L.1955, cc. 111, 396, 465; L.1956, c. 503, § 3; L.1956, c. 575; L.1957, cc. 135, 154, 726; L.1957, c. 925, § 1; L.1959, c. 98; L.1959, c. 832, § 1; L.1959, c. 875; L.1960, c. 796; L.1960, c. 874; L.1962, c. 510; L.1963, c. 230, § 4; L.1963, c. 231; L.1963, c. 551; L.1963, c. 980; L.1964, c. 619; L.1965, c. 551, §§ 1, 2; L.1966, c. 376; L.1966, c. 939, § 2; L.1967, c. 528; L.1968, c. 820; L.1969, c. 345; L.1969, cc. 420, 421; L.1970, c. 344; L.1970, c. 662; L.1970, c. 777, § 1; L.1971, c. 169; L.1971, c. 1074; L.1972, c. 180, §§ 1 to 3; L.1972, c. 821, § 1; L.1973, c. 262, § 1; L.1973, c. 272, § 1; L.1974, c. 292, § 1; L.1975, c. 160, § 1; L.1975, c. 282, § 1; L.1976, c. 316, § 1; L.1977, c. 395, § 1; L.1978, c. 731, § 2; L.1979, c. 159, § 1; L.1980, c. 520, § 1; L.1982, c. 355, § 1; L.1985, c. 171, § 1; L.1986, c. 194, § 3; L.1989, c. 508, § 1; L.1990, c. 456, § 1; L.1993, c. 605, §§ 3, 4; L.1994, c. 660, § 2; L.1995, c. 567, § 1; L.1995, c. 688, § 2; L.2000, c. 415, § 2, eff. Oct. 31, 2000; L.2001, c. 490, § 2, eff. Nov. 21, 2001; L.2003, c. 296, § 3, eff. Jan. 1, 2005; L.2010, c. 58, pt. A, § 83, eff. Dec. 1, 2010.)
[FN1] L.1977, c. 395, eff. July 6, 1977.
General Obligations Law. Chapter 24-A Of the Consolidated Laws. Article 11. Obligations to Make Compensation or Restitution. Title 1. Compensation.
In addition to any other right of action or recovery otherwise available under law, a disabled person whose guide, hearing or service dog is injured due to the negligence of the owner of another dog in handling that other dog may recover damages from the owner or custodian of the non-guide, hearing or service dog that causes injury to the guide, hearing or service dog. Such damages may include, but are not limited to veterinarian fees, the cost of retraining or replacing the guide, hearing or service dog, and lost wages or damages due to loss of mobility incurred while retraining or replacement is taking place.
(Added L.2000, c. 263, § 4, eff. Nov. 1, 2000.)
Lien Law. Chapter 33 Of the Consolidated Laws. Article 8. Other Liens on Personal Property.
Any veterinarian, duly licensed to practice under the laws of this state, who in connection with such practice renders professional services in the treatment of any dog, cat, or other domestic animal or boards any such animal on his premises, or a person keeping a livery stable, or boarding stable for animals, or pasturing or boarding one or more animals, or who in connection therewith keeps or stores any wagon, truck, cart, carriage, vehicle or harness, has a lien dependent upon the possession upon each dog, cat or other animal kept, pastured or boarded by him, and upon any wagon, truck, cart, carriage, vehicle or harness, of any kind or description, stored or kept provided an express or implied agreement is made with the owners thereof, whether such owner be a mortgagor remaining in possession or otherwise, for the sum due him for the professional service rendered, care, keeping, boarding or pasturing of the animal, or for the keeping or storing of any wagon, truck, cart, carriage, vehicle and harness, under the agreement, and may detain the dog, cat or other animal or wagon, truck, cart, carriage, vehicle and harness accordingly, until such sum is paid.
(L.1909, c. 38; amended L.1942, c. 903.)