Dangerous dog law

Does a dog have to hurt someone, or another animal, before it can be classified as "dangerous" and made to comply with court-ordered restrictions?

No. New York State dangerous dog law says that dogs that without justification attack or injure human beings or domestic animals, or behave . . .

in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals

may be declared "dangerous" pursuant to state law.

How do I report a dangerous dog?

If you have personally witnessed an incident in which a dog injured a person or domestic animal, or poses a serious and unjustified imminent threat of serious physical injury or death, then you can swear out a complaint with your local animal control authority and petition for a dangerous dog hearing.

Under state law, dangerous dog hearings must be scheduled within five days, but must allow the owner of the dog a minimum of two days notice.

In the interim and after obtaining a warrant, animal control may impound the dog. Complainants should be prepared to appear at the hearing since the burden of proof lies with the petitioner.

What are the penalties for "dangerous" dogs?

In New York, all dogs found "dangerous" by a judge or magistrate must be neutered and microchipped. The judge will also require at least one other remedy, ranging from completing an obedience class to muzzling in public, "dangerous dog" signs where the dog lives, secure confinement, or at least one of several other options.

The owner of a "dangerous" dog that bites someone and causes serious physical injury is subject to a civil penalty of up to $1,500 in addition to other fines.

If the owner of a "dangerous" dog who subsequently allows the dog to bite someone is subject to a $3,000 fine or up to 90 days in jail, or both.

When may the court order euthanasia of a "dangerous" dog ?

If during the dangerous dog hearing the court finds that there were aggravating circumstances, the judge may require permanent confinement or euthanasia. . .

• If the dog seriously injures or kills a person without justification, or


• if the dog had previously seriously injured or killed a person, or


• if the dog had within the previous two years been declared "dangerous" following an attack on domestic animals.

The owners may appeal decisions made during dangerous dog hearings. See link below for details.

What are "excused" bites ?

Some dog bites are considered "justified" in New York and dogs which bite or threaten to bite people in some circumstances are not to be found "dangerous." The court may determine that the dog's behavior was justified if--

• the person bitten or threatened was committing a crime against the dog's owner or on the owner's property.


• the person bitten or threatened was tormenting, abusing, assaulting or physically threatening the dog or its offspring, or had done so in the past.


• the dog was responding to pain or injury, or was protecting itself, its owner, custodian, or a member of its household, its kennels or its offspring from either another animal or a person.

Are there special penalties for dogs that attack service dogs?

Yes. See the link below for further information.

Further details: NYS Ag & Mkt Article 7 "Control and licensing of Dogs" Section 121