§ 161.07 Dangerous Dogs.
RCNY § 161.07
(a)Policy and scope. When the Department receives a report of a dangerous dog, the Department may, in any case where it deems it necessary, investigate the circumstances giving rise to the report and, if the Department determines that the dog is a dangerous dog, it may take any action authorized by applicable law, including this Code, that it deems necessary to protect the public health and safety.
(b)Dogs brought into a shelter. When a dangerous dog is brought into an animal shelter, or when a dog held in an animal shelter injures a person, the operator of the shelter shall, no later than the first business day after the dog is admitted to the shelter or after the dog in the shelter injures a person, report the injury to the Department. The shelter shall obtain from the person owning or presenting the dog, and the report shall, to the extent that the shelter operator has such information, include a description of the circumstances in which injury was caused by the dog; the names, addresses and other contact information for the injured person(s), the dog's owner, and any witnesses to the incident; the types of injuries inflicted by the dog; and any other information required by the Department. The shelter operator shall thereafter immediately provide the Department with any additional information received about the incident.
(c)Rabies observation period. Any dog that is brought to a shelter after causing an injury to a person or that is involved in any incident that creates a possible exposure to rabies shall be held by the shelter for ten days, over which time such dog shall be observed by a veterinarian to determine whether it has developed signs and symptoms of rabies.
(1)A dog held for rabies observation that is subsequently involved in any other incident potentially exposing any person or animal at the shelter to rabies shall, commencing on the date of the most recent incident, be held by the shelter for an additional ten days to be observed for signs and symptoms of rabies.
(2)If a licensed veterinarian determines that a dog has signs or symptoms consistent with rabies, the dog shall be humanely euthanized and its remains shall be tested for rabies.
(3)The Department may authorize release of a dog to its owner before the expiration of the ten days rabies observation period if the Department determines that the dog is not a dangerous dog, and the owner agrees to continue to observe the dog for signs and symptoms of rabies over the remainder of the observation period and to make daily reports of his or her observations to the Department in accordance with 24 RCNY Health Code § 11.27(e).
(d)Determination of a dangerous dog.
(4)Other disposition. A dog surrendered to a shelter by its owner for any reason shall be made available for adoption or humanely euthanized, in accordance with applicable law. However, a dog that is surrendered by its owner as a dangerous dog or a dog trained for dog fighting shall not be made available for adoption by any person unless the shelter operator has completed a behavioral evaluation of the dog showing that the dog is not a dangerous dog, provided the results of the evaluation to the Department, and the Department has approved the release of the dog for adoption.
(e)Dogs that are not brought to a shelter. If the Department receives a report that a dog not being held by a shelter to be observed for symptoms and signs of rabies is dangerous, the Department may order the dog's owner to make the dog available for examination by an animal behaviorist, or may order any other control measures authorized by subdivision (g) of this section for protection of public health and safety.
(f)Hearings.
(5)Abandonment. If an owner of a dog that is preliminarily determined to be dangerous and that is being held at a shelter fails to appear at an OATH hearing and is found in default, or if the identity or address of a dog's owner is unknown, such dog shall be deemed abandoned and shall be disposed of in accordance with applicable law.
(g)Control measures authorized. The Commissioner may order any action deemed necessary to control a dangerous dog and prevent injuries to persons, including, but not limited to, ordering that a dangerous dog be: (1) Surrendered for the purpose of humane euthanasia; (2) Permanently removed from the City; (3) Muzzled whenever it is in a public place or in any open or unfenced area abutting on a public place; (4) Evaluated, at the owners' expense, by an animal behaviorist to determine whether the animal and any persons handling the animal may be trained in the safe management of the animal, and be trained when indicated; (5) Spayed or neutered, if the owner does not maintain proof satisfactory to the Department that the animal was previously altered; (6) Microchipped to enable identification of the dog if it inflicts further injury; or (7) Confined in a place where there are sufficient barriers between the dog and passersby lawfully on public streets and areas abutting the owner's property.
(h)Guard dogs. Any dog owned, kept, engaged in or trained to attack persons that is not currently registered with the Department as a guard dog pursuant to 24 RCNY Health Code § 161.09(g) shall be deemed to be a dangerous dog and shall be surrendered to the Department, upon the request of the Department, by the person who owns, possesses or controls it, for the purpose of performing an examination and for such other disposition as the Department may order in accordance with this section.
(i)Dogs kept for dog fighting. Any dog owned, kept, engaged in or trained for dog fighting, or any dog owned, kept or trained to attack persons and not properly registered as a guard dog pursuant to 24 RCNY Health Code § 161.09(g), shall be deemed to be a dangerous dog and shall be surrendered to the Department by the person who owns, possesses or controls it, for the purpose of performing an examination and for such other disposition as the Department may order in accordance with subdivision (g) of this section.
(j)Dangerous dogs presumed to be a nuisance. When the Department determines that a dog is dangerous in accordance with this section, it shall be presumed that the owner or other person who harbored the dog trained, caused or permitted the dog to be dangerous, so as to establish a prima facie maintenance of a nuisance in violation of 24 RCNY Health Code § 3.09.
(k)Impoundment. A dog that is in a public area and that is menacing persons, or a dog that has caused a severe injury to a person, or a dangerous dog owned by a person who has violated an order of the Commissioner issued pursuant to this section, may be impounded by the Department or by a police or other peace officer, or killed by a police or other peace officer, if capture is dangerous.
(l)Disclosure of medical information. In addition to submitting the reports of animal bites required by 24 RCNY Health Code Article 11, upon receipt of a written request from the Department, a medical or other health care provider shall forward to the Department copies of medical records concerning diagnosis and treatment of bites or other injuries to persons that were inflicted by, or resulted from attacks by dogs or other animals.
(m)Public information relating to dangerous dogs.
